City Council Agenda October 18, 2022
AMENDED CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET
PORTERVILLE, CALIFORNIA
OCTOBER 18, 2022, 5:30 PM
Pursuant to the provisions of Assembly Bill 361, signed into law by Governor Newsom on September 16, 2021, the City of Porterville is allowing for and encouraging electronic participation at City Council Meetings. Until further notice, Porterville City Council Meetings will be live streamed on YouTube at https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA Alternatively, this meeting will also be available via Zoom using the following information Topic: City of Porterville – Amended City Council Meeting of October 18, 2022 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/87412502836?pwd=UUFTdWFtSlAvdENyYnpFMXNSeHBLQT09 Or via Telephone: 1-669-900-6833 Webinar ID: 874 1250 2836 Passcode: 122203 Call to Order
Roll Call
ORAL COMMUNICATIONS
This is the opportunity to address the City Council on any matter scheduled for Closed Session. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.
CITY COUNCIL CLOSED SESSION:
A. Closed Session Pursuant to:
1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 261-130-004. Agency Negotiator: John Lollis and Jason Ridenour. Negotiating Parties: City of Porterville and Cornerstone Main Partners II, L.P. Under Negotiation: Terms and Price.
2 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 302-122-001. Agency Negotiator: John Lollis and Jason Ridenour. Negotiating Parties: City of Porterville and Lower Tule Irrigation District.
Under Negotiation: Terms and Price.
3 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: A portion of 302-110-054. Agency Negotiator: John Lollis and Jason Ridenour. Negotiating Parties: City of Porterville and Tule River Tribe of California. Under Negotiation: Terms and Price.
City Council Agenda October 18, 2022
4 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: John Lollis and Patrice Hildreth. Employee Organization: Porterville Peace Officers Association.
5 - Government Code Section 54956.95 – Liability Claim: Claimant: Stephanie Felix. Agency claimed against: City of Porterville.
6 - Government Code Section 54956.95 – Liability Claim: Claimant: Juventino Chavez. Agency claimed against: City of Porterville.
7 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Angelica Aldaco v. California Department of Transportation, et al., Tulare County Superior Court Case No. PCU293166.
8- Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Four (4) cases in which facts are not yet known to potential plaintiff.
9 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: One (1) case. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON
REPORTABLE ACTION TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Council Member Stowe
Invocation
ORAL COMMUNICATIONS
This is the opportunity to address the Council on any matter of interest, whether on the agenda or not. Please address all items not scheduled for public hearing at this time. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.
AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code § 53232.3.
1. Local Initiatives Navigation Center (LINC) Committee - October 5, 2022
2. Eastern Tule Groundwater Sustainability Agency Board - October 6, 2022
3. LINC Drive-Thru Dinner - October 6, 2022
4. Southern California Edison Multicultural Celebration - October 7, 2022
5. Cannabis Ad Hoc Committee - October 7, 2022
6. Pioneer Days - October 8, 2022
7. Tulare County Water Commission - October 10, 2022
8. Senator Hurtado Ceremonial Check Presentation - October 11, 2022
9. Transit Forum - October 12, 2022
City Council Agenda October 18, 2022
10. LINC Committee - October 12, 2022
11. CalVans Board - October 13, 2022
12. Tulare County Association of Governments (TCAG) Sustainable Corridors Committee - October 13, 2022
13. TCAG/Tulare County Transportation Authority (TCTA) Board - October 17, 2022
14. Tulare County Regional Transit Agency (TCRTA) Board - October 17, 2022
15. Finca Serena Community Partner Meeting - October 18, 2022
REPORTS
This is the time for all committee/commission/board reports; subcommittee reports; and staff informational items.
I. City Commission and Committee Meetings
1. Parks & Leisure Services Commission - October 6, 2022
2. Library & Literacy Commission - October 11, 2022
3. Arts Commission
4. Animal Control Commission - October 13, 2022
5. Youth Commission - October 12, 2022
6. Transactions and Use Tax Oversight Committee (TUTOC) II. Staff Informational Reports
1. Water Conservation Phase III Status Update - September 2022
CONSENT CALENDAR
All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar. All items removed from the Consent Calendar for further discussion will be heard at the end of Scheduled Matters.
1. City Council Minutes of October 4, 2022
Re: Considering approval of the City Council draft Minutes of October 4, 2022.
2. Police Department Communications Center Radio Upgrade Re: Consideration to authorize Police Department staff to negotiate the purchase of the Motorola MCC7500E Console and ASTRO 25 K2 Core; and approve payment upon receipt and successful integration of the new radio consoles.
3. Authorization to Amend Digester No. 4 Cleaning Project Re: Consideration to amend the cleaning and dewatering of Digester No. 4 Cleaning Project to include the cleaning and dewatering of digester No. 1 at the Wastewater Treatment Facility located at 1333 West Grand Avenue, to Wastewater Solids Management Company, for a total project amount not to exceed $103,818.
City Council Agenda October 18, 2022
4. Authorization to Purchase by Negotiation Equipment Scheduled for Replacement Re: Authorization to negotiate the purchase of Solid Waste Division equipment scheduled for replacement for the Fiscal Year 2023-2024.
5. Authorization to Amend and Continue with the Purchase of Water Shares or Surface Water for Groundwater Recharge
Re: Consider authorization to amend and continue purchasing up to $1,500,000 of water shares or surface water for groundwater recharge for the 2022-2023 Fiscal Year.
6. Ratification of Expenditures - Emergency Sterilization & Haul Away Services Re: Ratifying the emergency expenditure approved by the City Manager and Mayor in the amount of $13,044.30 from the risk management fund for the emergency clean up and sterilization of the future Animal Control Facility.
7. Selection of On-Call Environmental Consultants
Re: Consideration to authorize staff to negotiate on-call contracts with Crawford & Bowen, LSA, 4Creeks, Precision Civil Engineering, and Provost & Pritchard Consulting Group.
8. Acquisition of Real Property APN 261-130-004
Re: Consideration to adopt the draft Resolution approving the purchase of APN 261-130- 004 which is approximately 3.86 acres of land generally located on the south side of Olive Avenue, east of A Street in Porterville, CA, 93257.
9. Permanent Local Housing Allocation 2021 and 2022 Application Re: Consideration to authorize the Mayor to sign the streamlined application for the 2020 PLHA funding allocation for submittal to HCD which concerns providing a permanent and ongoing source of funding to local governments for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities.
10. Friends of the Porterville Public Library License Agreement Re: Consideration to authorize the property license agreement between the City of Porterville and the Friends of the Porterville Library for use of the City facility located at 298 N. Main Street.
11. Set a Public Hearing for the Adoption of the California Building Codes Re: Consideration to set the Public Hearing for November 1, 2022, to receive input and give first reading to draft Ordinances for the adoption of the 2022 Editions of the California Building, Plumbing, Mechanical, Electrical, Green Building Standards, Residential, Administrative, Reference Standards, and Energy Codes.
12. Set a Public Hearing for the Adoption of the California Fire Code Re: Consideration to set the Public Hearing for November 1, 2022, to receive input and give the first reading to draft Ordinances for the adoption of the 2022 Edition of the California Fire Code
13. Set a Public Hearing for updates to the Porterville Municipal Code Re: Consideration to set the Public Hearing for November 1, 2022, to receive input and give the first reading to draft Ordinances for the adoption of the changes to the Porterville Municipal Code.
14. Approval of Community Civic Event - Tule River Economic Development Corporation - Trunk or Treat Car Show - October 29, 2022
City Council Agenda October 18, 2022
Re: Consideration to approve the Community Civic Event application from the Tule River Economic Development Corporation to hold the "Trunk or Treat Car Show" on Saturday, October 29, 2022, from 9:00 a.m. to 4:00 p.m., located at the City parking lot adjacent to Landing 13 at 152 N. Hocket Street.
15. Approval for Community Civic Event - Parenting Network - Dia de los Muertos - November 2, 2022
Re: Consideration to approve the Community Civic Event application from the Parenting Network to hold "Dia de los Muertos" event on November 2, 2022, at Centennial Park, from 2:00 p.m. to 3:00 p.m.
16. Approval for Community Civic Event - Veterans Homecoming Committee - Veterans Day Parade - November 11, 2022
Re: Consideration to approve the Community Civic Event application from the Veterans Homecoming Committee to hold the Veterans Day Parade on Friday, November 11, 2022, from 10:00 a.m. to 12:00 p.m.
17. Community Civic Event - Rotary Club of Porterville - Porterville Chamber of Commerce - Children's Christmas Parade - December 1, 2022 Re: Consideration to approve the Community Civic Event application submitted by the Rotary Club of Porterville and the Porterville Chamber of Commerce to hold the Children's Christmas parade along Main Street on Thursday, December 1, 2022, from 7:00 p.m. - 9:00 p.m.
18. Amendment to Employee Pay and Benefit Plan - Porterville Peace Officers Association Re: Considering approval of a draft Resolution authorizing amendments to the Employees' Pay and Benefit Plan and other documents as may be necessary to implement the negotiated changes in salary and benefits for Porterville Peace Officers Association employees.
19. Reaffirm Conditions of State Assembly Bill 361 to Continue Remote Attendance at Public Meetings
Re: Consider adoption of a draft Resolution consistent with AB 361 to continue to allow remote attendance at public meetings.
20. Status and Review of Local Emergency: Drought
Re: Considering approval of the continuance of the Declaration of Local Emergency.
SCHEDULED MATTERS
21. Cannabis Business Operating Permit For Retail Dispensary - Applicant Interviews Re: Consideration of proposed Interview process of qualified applicants for the City's Request for Proposals for Cannabis Business Operating Permit for Retail Dispensary.
ORAL COMMUNICATIONS
OTHER MATTERS
CLOSED SESSION
Any Closed Session Items not completed prior to 6:30 p.m. will be considered at this time.
ADJOURNMENT - to the Special meeting of Monday, October 24, 2022, at 6:00 P.M.
City Council Agenda October 18, 2022
In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the Office of City Clerk at (559) 782-7464.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting and/or provision of an appropriate alternative format of the agenda and documents in the agenda packet.
Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection during normal business hours at the Office of City Clerk, 291 North Main Street, Porterville, CA 93257, and on the City’s website at www.ci.porterville.ca.us.
CITY COUNCIL AGENDA – OCTOBER 18, 2022
SUBJECT: 1. Water Conservation Phase III Status Update - September 2022 SOURCE: Public Works
COMMENT: The City has continued to implement an active water conservation approach, both conserving and providing flexibility to the community. The City transitioned from Phase IV to Phase III of the City's Water Conservation Plan as of June 1, 2022. The Water Conservation Plan applies to all municipal water users within or outside the city limits.
At the time of this report, the City was in Phase III of its Water Conservation Plan. Phase III plan limits outdoor watering to two days per week, with "odd" addresses allowed to water on Tuesday and Saturday and "even" addresses allowed to water on Wednesday and Sunday. Outdoor watering is prohibited between the hours of 5 a.m. to 10 a.m. and 5 p.m. to 10 p.m., with no watering allowed Monday, Thursday, or Friday. Watering outdoor landscaping is prohibited during and within forty-eight (48) hours after measurable rainfall, which is now defined as greater than 0.01 inch.
Effective October 1, 2022, the City transitioned to Phase IV of its Water Conservation Plan. Phase IV plan limits outdoor watering to one day per week, with "odd" addresses allowed to water on Saturday and "even" addresses allowed to water on Sunday. Outdoor watering is prohibited between the hours of 5 a.m. to 10 a.m. and 5 p.m. to 10 p.m., with no watering allowed Monday through Friday. Watering outdoor landscaping is prohibited during and within forty-eight (48) hours after measurable rainfall, which is now defined as greater than 0.01 inch.
Violations of prohibited activities are considered infractions and are punishable by fines of up to $500 for each day on which the violation occurs. Any peace officer or employee of a public agency charged with enforcing laws and authorized to do so by ordinance may issue a citation to the violator. The City will respond to enforcement by issuing a Notice of Violation for all witnessed occurrences and staff will be processing all reported issues. Enforcement statistics for the month of September 2022 show that a total of fifty-six (56) notices of violation were issued for water wasting, and three administrative citations were issued.
Water production for September 2022 reflects a two percent (2%) reduction to the 5-year average. The monthly production for September was 393 million gallons, which is a twenty-five percent (25%) decrease in comparison to the monthly production for September 2013 of 521 million gallons. Residential consumption for September 2022 was 151 gallons per capita per day (GPCD).
Compliance with individual water supplier conservation requirements is based on cumulative savings. Cumulative tracking means that conservation savings will be added together from one month to the next and compared to the amount of water used during the same months in 2013. City Staff will evaluate conservation totals in two formats: 1) Calculate the cumulative conservation totals for production as compared to production in 2013; and 2) Calculate cumulative conservation totals in relation to GPCD, in efforts to evaluate population growth impacts on production as compared to 2013. The cumulative total production for the City of Porterville's conservation efforts will be reflected from June 2015 through September 2022. Porterville's cumulative total production conservation through September 2022 is twenty (20%). The cumulative total of GPCD for the City of Porterville's conservation efforts will be reflected from June 2015 through September 2022. Porterville's cumulative total GPCD conservation through September 2022 is twenty-five percent (25%).
Under the February 2, 2016, emergency regulation, the City of Porterville received a revised conservation standard of twenty-eight percent (28%) with an additional two percent (2%) reduction for climate adjustment, making the City’s conservation standard twenty-six percent (26%). After reviewing the Water Board's Self-Certification criteria for drought impacts on water supplies, the City of Porterville Council approved maintaining a self-imposed standard of twenty-six percent (26%). The continuation of the current conservation goal keeps a standardized message that the City has worked to develop in public outreach, provides resiliency and capacity to ensure three years of supply under drought conditions, and meets the minimum twenty percent (20%) conservation standard defined in the City's Urban Water Management Plan, and assists the City in meeting the requirements of the Sustainable Groundwater Management Act (SGMA).
The State Water Board requires monthly reporting to track what agencies are doing and how they perform throughout the year. Proposed permanent regulations will require agency reporting to continue monitoring the performance of urban water conservation with a preparedness to implement conservation standards as necessary. California Governor Gavin Newsom signed into effect Executive Order N-10-21 on July 8, 2021, urging all Californians to voluntarily reduce their water use by fifteen percent (15%) compared to their prior-year levels due to extended excessive drought conditions. Water production for the City system shows an eight percent (8%) decrease from September 2021 to September 2022. California Governor Gavin Newsom issued another Executive Order N-7-22 on March 28, 2022, to address drought conditions after the driest first three months of a year in recorded history. EO N-7-22 requires that each water supplier implements at a minimum the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2). The City of Porterville's Water Conservation Plan Phase III meets the requirements for this shortage, (Level 2).
RECOMMENDATION: Information Only
ATTACHMENTS: 1. Monthly Production Status September 2022
2. Monthly Production Status GPCD September 2022
3. Drought Response Phase III Flyer
4. Drought Response Phase IV Flyer
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
0 100
200
300
400
500
600
1 2 3 4 5 6 7 8 9 10 11 12 Million Gallons/Month
Monthly Production Status & Cumulative Total June 2015 Through September 2022 Production Comparison to 2013 & 5 Year Average 2013
2017
2018
2019
2020
2021
2022
5 Year AVG
0.00 25.00
50.00 75.00
100.00
125.00
150.00
175.00
200.00
225.00
1 2 3 4 5 6 7 8 9 10 11 12 Gallons Per Capita Day
Month
Monthly Production Status & Cumulative Total June 2015 Through September 2022 Gallon Per Capita Day Comparison to 2013 & 5 Year Average 2013
2017
2018
2019
2020
2021
2022
5 Year AVG
The City of Porterville has adopted Phase III of its Drought Response Plan.
As part of the Phase III plan, the City has restricted watering days to two days per week, based on address.
Mandatory
Odd/Even Watering
Schedule
Excessive water
runoff prohibited
The washing of
sidewalks and driveways
is prohibited
Vehicles shall only be
washed on designated
watering days and with
hoses equipped with a
shut-off nozzle
Ornamental water
features are prohibited
unless the fountain uses
a recycling system
WATERING PROHIBITED
BETWEEN THE HOURS OF
5:00 – 10:00 AM
5:00 – 10:00 PM
NO WATERING ON
MONDAYS, THURSDAYS,
AND FRIDAYS.
ODD NUMBER ADDRESSES
If your address ends with an
“odd” number, 1, 3, 5, 7, or 9,
your watering days are Tuesday
and Saturday only.
EVEN NUMBER ADDRESSES
If your address ends with an
“even” number, 0, 2, 4, 6, or 8,
your watering days are
Wednesday and Sunday only.
OR
The City of Porterville has adopted Phase IV of its Drought Response Plan.
As part of the Phase IV plan, the City has restricted watering days to one day per week, based on address.
Mandatory
Odd/Even Watering
Schedule
Excessive water
runoff prohibited
The washing of
sidewalks and driveways
is prohibited
Vehicles shall only be
washed on designated
watering days and with
hoses equipped with a
shut-off nozzle
Ornamental water
features are prohibited
unless the fountain uses
a recycling system
WATERING PROHIBITED
BETWEEN THE HOURS OF
5:00 – 10:00 AM
5:00 – 10:00 PM
NO WATERING
MONDAY THROUGH
FRIDAY.
ODD NUMBER ADDRESSES
If your address ends with an
“odd” number, 1, 3, 5, 7, or 9,
your watering day is Saturday only.
EVEN NUMBER ADDRESSES
If your address ends with an
“even” number, 0, 2, 4, 6, or 8,
your watering day is Sunday only.
OR
Item No. 1.
CITY COUNCIL AGENDA – OCTOBER 18, 2022
SUBJECT: City Council Minutes of October 4, 2022
SOURCE: Administrative Services
COMMENT: Staff has prepared the draft Minutes of October 4, 2022, for the City Council's consideration.
RECOMMENDATION: That the City Council approve the draft Minutes of October 4, 2022.
ATTACHMENTS: 1. Draft Minutes of October 4, 2022
Appropriated/Funded:
Review By:
Department Director:
Patrice Hildreth, Deputy City Manager
Final Approver: Patrice Hildreth, Deputy City Manager
CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET
PORTERVILLE, CALIFORNIA
OCTOBER 4, 2022, 5:30 PM
Call to Order at 5:30 p.m.
Roll Call: Mayor Martha A. Flores, Council Member Milt Stowe, Council Member Lawana Tate, Council Member Donald Weyhrauch
Absent: Council Member Kellie Carrillo
ORAL COMMUNICATIONS
None.
CITY COUNCIL CLOSED SESSION:
A. Closed Session Pursuant to:
1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 261-130-004. Agency Negotiator: John Lollis. Negotiating Parties: City of Porterville and Cornerstone Main Partners II, L.P. Under Negotiation:
Terms and Price.
2 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 298 North Main Street, Suites 2 and 3, Porterville, CA. Agency Negotiator: John Lollis. Negotiating Parties: City of Porterville and Friends of The Porterville Library. Under Negotiation: Terms and Price. 3 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: John Lollis and Patrice Hildreth. Employee organizations: Porterville Peace Officers Association and Porterville City Firefighters Association. 4 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Rae Dean Strawn v. Bruce Sokoloff Et Al., U.S. District Court, Eastern Div., Case No. 1:22-At-00742.
5 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation: Eight (8) cases in which facts are not yet known to potential plaintiff.
6 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated litigation – Initiation of Litigation: One (1) case. 6:31 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION
TAKEN IN CLOSED SESSION
City Attorney Lew reported that there was no reportable action.
Pledge of Allegiance Led by Council Member Tate
Invocation – A member of the public came forward to give in invocation.
PRESENTATIONS
Employee of the Month - Rosio Mejia
ORAL COMMUNICATIONS
Brock Neeley, Porterville, recited a verse from the King James Version of the bible. David Horowitz, Porterville, spoke of his recent visit to the local hospital and suggested a comparison could be made between his doctors’ poor decision making and that of the City Council in matters concerning the process for cannabis dispensaries. Rae Dean Strawn, Porterville, stated she is running for Porterville School Board Trustee and stated she does not remember calling anyone any derogatory remarks.
AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code § 53232.3. 1 - Cannabis Ad Hoc Committee - September 21, 2022
Council Member Tate stated three proposals were received and reviewed by the committee and a recommendation was made to interview the applicants in the upcoming weeks.
Council Member Weyhrauch sated this was one of the first meetings he attended as a newly appointment Council Member; and that there would be a presentation by the applicants in the next few weeks by the applicants.
2 - Tulare County Homeless Task Force - September 21, 2022 Mayor Flores reported on the adoption AB361 Resolution, approval of minutes, updates on projects room key and home key and two presentations. The next meeting is scheduled for October 19th.
3 - Council of Cities - September 21, 2022
Mayor Flores reported on the approval of minutes and two items that were presented for discussion. The next meeting is scheduled for November 16th. 4 - Casino Relocation Meeting - September 26, 2022
Mayor Flores reported on status updates that were given regarding roadway improvements, non-potable water for casino supply and detention basin. 5 - Tulare County Economic Development Corporation - September 28, 2022 Mayor Flores reported on the approval of minutes, approval of financials, and a presentation by the Tule River Economic Development Corporation. 6 - Internal City Audit Committee Meeting - September 28, 2022 Mayor Flores reported on the approval of minutes, review of the Barn Theater agreement, an update on the FTA Triennial review, review of Status of Pension Obligation Bond Validation Suit, and the review of proposed Friends of the Library Lease Agreement. The next meeting is scheduled for October 26th.
7 - Tulare County Regional Transit Agency Meeting - September 28, 2022 Council Member Stowe reported on the Transdev Transition Training and Cross Valley Corridor Presentations as well as the approval of the Cash Advance and Repayment
Agreements with several cities and the approval of grant agreements with the Federal Transit Administration. The next meeting is scheduled for October 17th. 8 - Tulare County Economic Development Corporation Coordination Meeting - September 29, 2022
Mayor Flores reported on a conversation and tour with CEO Airica de Oliveira relating to economic development, within the City of Porterville.
9 - Sierra View Medical Center Foundation Gala - October 1, 2022 Mayor Flores reported on her attendance and stated the events goal was to raise funds for various equipment for the hospital.
10 - Police Department Badge Pinning Ceremony - October 3, 2022 Mayor Flores reported on her attendance to the ceremony and congratulated new officer Sarai Jimenez.
REPORTS
This is the time for all committee/commission/board reports; subcommittee reports; and staff informational items.
I. Staff Informational Reports
1. Fall Community Clean-Up Event
CONSENT CALENDAR
There were no items removed from the Consent Calendar for discussion.
COUNCIL ACTION: MOVED by Council Member Weyhrauch, SECONDED by Council Member Tate that the City Council approve Items Nos. 1-19. The motion carried unanimously.
1. CODE ENFORCEMENT VEHICLE PURCHASE
Recommendation: That the City Council:
1. Authorize staff to negotiate for the purchase of two vehicles up to a cost of $62,000 per vehicle, which is based on the Manufacturer’s Suggested Retail Price plus tax, license, and applicable fees;
2. Authorize staff to negotiate up to $20,000 per vehicle for all the necessary equipment, including emergency lights, radios, and other tools required to place the vehicles into service. The vehicles will be negotiated either separately or as a unit through a process requesting quotes from not less than three vendors;
3. Due to the unique purchasing parameters requested, staff is further requesting a ten percent (10%) contingency for the total purchase, at a total price not to exceed $90,200 per vehicle; and
4. Approve the appropriation of $90,200 in the Fire Department's General Fund budget from revenues to be generated by cannabis dispensaries and an additional appropriation of $40,200 from Measure I Funds.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 01-100422
Disposition: Approved.
2. AUTHORIZATION TO PURCHASE SPECIALIZED EQUIPMENT - BLOWER
MAGNETIC BEARING CONTROLLER
Recommendation: That City Council:
1. Authorize the purchase of a new magnetic bearing controller for a not to exceed amount of $18,421 which includes taxes, shipping and a ten percent (10%) contingency from Kaeser Compressors;
2. Direct the Finance Director to initiate a Purchase Order to Kaeser Compressors for a not to exceed amount of $18,421 which includes taxes, freight and a ten percent (10%) contingency; and
3. Direct the Finance Director to make payment to Kaeser Compressors upon receipt of the invoice approved by the Public Works Director.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 02-100422
Disposition: Approved.
3. AUTHORIZATION TO REPAIR RAW SEWAGE PUMP #1
Recommendation: That City Council:
1. Award the repair of influent pump #1 to Shape Incorporated for a do not exceed amount of $21,419 which includes taxes and a ten percent (10%) contingency;
2. Direct the Finance Director to initiate a Purchase Order to Shape Incorporated for a do not exceed amount of $21,419 which includes taxes and a ten percent (10%) contingency; and
3. Direct the Finance Director to make payment to Shape Incorporated upon receipt of an invoice approved by the Public Works Director.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 03-100422
Disposition: Approved.
4. AUTHORIZATION TO ADVERTISE FOR BIDS - AKIN AND CENTRAL MUTUAL
WATER SYSTEM IMPROVEMENT PROJECT
Recommendation: That City Council:
1. Approve Staff's recommended Plans and Project Manual; and
2. Authorize staff to advertise for bids on the project.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 04-100422
Disposition: Approved.
5. ACCEPTANCE OF PROJECT - PUBLIC SAFETY BUILDING STORAGE PROJECT Recommendation: That City Council:
1. Accept the project as complete;
2. Authorize the filing of the Notice of Completion; and
3. Authorize the immediate release of the final payment, provided no stop notices have been filed.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 05-100422
Disposition: Approved.
6. AWARD OF CONTRACT FOR CONSULTING SERVICES FOR LOCAL EARLY
ACTION PLANNING GRANT SOUTH OF TULE RIVER SPECIFIC PLAN Recommendation: That the City Council:
1. Authorize staff to negotiate a contract with Precision Engineering, Inc. to complete the Land Use and Circulation Elements for the Draft SoTu Specific plan and associated entitlements and environmental review; and
2. Authorize the Community Development Director to execute the contract.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 06-100422
Disposition: Approved.
7. AUTHORIZATION TO EXECUTE CONSULTANT AGREEMENT WITH RRM
DESIGN GROUP
Recommendation: That City Council:
1. Authorize the Engineering and Project Management Director to execute the Consultant Service Agreement for the Fourth Street Community Center and Park Project with RRM Design Group in the amount of $1,149,613; and
2. Authorize progress payments up to one hundred percent (100%) of the fee amount.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 07-100422
Disposition: Approved.
8. AUTHORIZATION TO SIGN AGREEMENT - EAGLE AERIAL SOLUTIONS Recommendation: That City Council:
1. Authorize entering into a 5-year agreement with Eagle Aerial Solutions for five user seats in an amount not to exceed $38,478 per year;
2. Direct the Finance Director to initiate a Purchase Order for five user seats to Eagle Aerial Solutions in an amount not exceed $38,478 per year; and
3. Direct the Finance Director to make payment to Eagle Aerial Solutions upon receipt of an invoice approved by the Public Works Director.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 08-100422
Disposition: Approved.
9. RESOLUTION ACCEPTING A DEED OF EASEMENT FROM THE UNITED STATES
DEPARTMENT OF AGRICULTURE FOREST SERVICE - HENRAHAN STREET Recommendation: That City Council:
1. Adopt the draft Resolution for the acceptance of the Easement from the United States Department of Agriculture Forest Service; and
2. Direct the City Clerk to record the Easement in the office of the Tulare County Recorder.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: Resolution No. 99-2022
Disposition: Approved.
10. APPROVAL OF RESOLUTION FOR THE SUBMITTAL OF AN APPLICATION,
ACCEPTANCE OF FUNDS AND EXECUTION OF A GRANT AGREEMENT WITH
THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR AN AIRPORT
IMPROVEMENT PROGRAM MATCHING GRANT
Recommendation: That the City Council adopt the attached draft Resolution authorizing the Finance Director to file an application and execute the AIP Matching Grant Agreement with the California Department of Transportation.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: Resolution No. 100-2022
Disposition: Approved.
11. EAST PORTERVILLE WATER CONNECTION ACCESSORY DWELLING UNIT Recommendation: That the City Council adopt the draft Resolution approving the second water service connection for the Accessory Dwelling Unit (ADU).
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: Resolution No. 101-2022
Disposition: Approved.
12. PROGRAM SUPPLEMENT TO THE ADMINISTERING AGENCY-STATE
AGREEMENT FOR FEDERAL-AID PROJECTS - OLIVE AVENUE AND PORTER
ROAD/CLOVERLEAF STREET INTERSECTION SIGNAL REPLACEMENT
PROJECT
Recommendation: That the City Council:
1. Approve the program supplement by passing a Resolution authorizing the Mayor to sign the subject program supplement; and
2. Direct the City Clerk to return the signed program supplement to the Department of Transportation.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: Resolution No. 102-2022
Disposition: Approved.
13. CONSENT TO SUBLET - LOT NO. 6 AT THE PORTERVILLE MUNICIPAL AIRPORT Recommendation: That the City Council:
1. Authorize the Lessee, TREDC Real Estate, to sublet the airport hangar on Lot No. 6 at the Porterville Municipal Airport to Green Power Motor Company, Inc. through July 31, 2023; and
2. Authorize the Mayor to sign the City's Consent to Sublet Airport Hangar Lot No. 6 on behalf of the City.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 09-100422
Disposition: Approved.
14. ASSIGNMENT OF AIRPORT LEASE - LOT NO. 38
Recommendation: That the City Council:
1. Approve the Assignment of Lease for Lot No. 38 at the Porterville Municipal Airport from Raymond Broad and Dernie Waikiki to Thomas S. Raya and Elizabeth M. Raya; and
2. Authorize the Mayor to sign the Lessor's Consent to Assignment of Lease on behalf of the City.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 10-100422
Disposition: Approved.
15. AUTHORIZATION OF STREET CLOSURE
Recommendation: That the City Council authorize the Fire and Police Departments to close city streets in the vicinity of Fire Station 71 as deemed necessary on October 11, 2022.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 11-100422
Disposition: Approved.
16. AUTHORIZATION OF STREET CLOSURE - PORTER ROAD
Recommendation: That the City Council:
1. Approve the request of the Porterville Military Academy to close Porter Road on Monday, October 31, 2022, from 5:00 P.M. to 9:00 P.M.; and
2. Direct City staff to locate and remove City-owned traffic safety barriers.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 12-100422
Disposition: Approved.
17. AUTHORIZATION FOR OUT-OF-STATE TRAVEL TO GEORGIA SMOKE DIVER
TRAINING
Recommendation: That the City Council authorize travel by City representatives to Dalton, Georgia to attend Smoke Divers Training.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 13-100422
Disposition: Approved.
18. REAFFIRM CONDITIONS OF STATE ASSEMBLY BILL 361 TO CONTINUE
REMOTE ATTENDANCE AT PUBLIC MEETINGS
Recommendation: That the City Council consider adoption of the draft Resolution to continue allowing the option to participate in the City's public meetings remotely through the use of the teleconferencing provisions of AB 361.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: Resolution No. 103-2022
Disposition: Approved.
19. STATUS AND REVIEW OF LOCAL EMERGENCY: DROUGHT
Recommendation: That the City Council receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 14-100422
Disposition: Approved.
SCHEDULED MATTERS
20. CONSIDERATION OF APPOINTMENTS TO THE ANIMAL CONTROL
COMMISSION
Recommendation: That the City Council consider the reappointment requests of Kathy Guinn, Jerry Hall, and Kathleen Harris for terms expiring in September 2026; and consider the appointment of individuals to the vacant seat on the commission with a term expiring in September 2024.
City Manager Lollis introduced the item and Deputy City Manager Patrice Hildreth presented the staff report.
COUNCIL ACTION: MOVED by Mayor Flores, SECONDED by Council Member Weyhrauch that the City Council approve the reappointment of Kathy Guinn, Jerry Hall, and Kathleen Harris.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 15-100422
Disposition: Approved.
COUNCIL ACTION: MOVED by Council Member Stowe, SECONDED by Mayor Flores that the City Council appoint Lacie Goodlett to the vacant seat with a term set to expire in September 2024.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 16-100422
Disposition: Approved.
21. WHOLLY-LOCAL CANNABIS ADULT-USE DISPENSARY REQUEST FOR
PROPOSALS
Recommendation: That the City Council approve the scheduling of a Special Meeting for Monday, October 24, 2022 at 6:00 P.M. to interview the qualified respondents to the RFP for wholly-local cannabis business operating permit for retail dispensary.
City Manager Lollis introduced the item and presented the staff report.
Discussion ensued between members of the council and a recommendation was made to coordinate with its Ad Hoc Committee (comprised of Council Members Tate and Weyhrauch) in recommending the interview process.
COUNCIL ACTION: MOVED by Council Member Weyhrauch, SECONDED by Council Member Milt Stowe that the City Council approve the scheduling of a Special Meeting for Monday, October 24, 2022 at 6:00 p.m. to interview the qualified responders to the RFP for a wholly-local cannabis business operating permit for retail dispensary, and meeting to be held by the Cannabis Ad Hoc Committee to review and approve a questionnaire for the applicants.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None.
ABSTAIN: None.
ABSENT: Carrillo
Documentation: M.O. 17-100422
Disposition: Approved.
ORAL COMMUNICATIONS
David Horowitz, Porterville, spoke of the Request for Proposals (RFP) Process and spoke in favor of a truly locally-owned business.
Rae Dean Strawn, Porterville, reported on the local regulations of the cannabis dispensaries and offered her expertise regarding the history of the RFP Process. Maria Morerro, Porterville, presented the council with the copies of the RFP and cited language from the RFP.
Darren Garrett, Porterville, stated he and his proponents were not present to create conflict and stated that the other applicants were not wholly-local like Bloom Farms and that the City should do what is right.
OTHER MATTERS
Council Member Tate stated she is anxious to get the cannabis dispensary business established.
Council Member Weyhrauch thanked Mayor Flores for her attendance at all the meetings in which she participates, and thanked the public for their participation at the meeting. Mayor Flores congratulated Rogelio Caudillo from the ETGSA who is soon-to-be seated on the Tulare County Water Commission, and thanked him for his attendance that evening.
Mayor Flores also spoke of her attendance at Dr. Claudia Habib’s invitation at a PC event with Author Gary Soto.
City Manager Lollis spoke of the successful conclusion of the City of Porterville Corporate Games, mentioned the upcoming Pioneer Days, as well as the scheduled check presentation next week by Senator Melissa Hurtado for the Emergency Operations Center. Mr. Lollis also congratulated Finance Director Maria Bemis on her upcoming birthday.
ADJOURNMENT -
The Council adjourned at 7:57 to the meeting of October 18, 2022 at 5:30 p.m.
Fernando Gabriel-Moraga, Deputy City Clerk
SEAL
Martha A. Flores, Mayor
CITY COUNCIL AGENDA – OCTOBER 18, 2022
SUBJECT: Police Department Communications Center Radio Upgrade SOURCE: Police
COMMENT: The Porterville Police Department’s Communications Center is currently operating the Motorola MCC5500 dispatch console radio system. This specific communications system was purchased in 2009 and has become antiquated, subsequently reaching end of life and end of service support on December 31, 2021. Department staff have already begun to experience hardware malfunctions and related system components are costly and difficult to obtain.
Due to the now outdated equipment, components in need of replacement or repair are predominantly purchased from a third party and are refurbished parts without warranty.
Both the Police and Fire Departments rely on the Communications Center for support, which is the lifeline of their daily activity, and for emergency responses throughout the city. Public safety personnel must be confident that their Communications Center can consistently offer and transmit, without failure, when an emergency or critical incident occurs. The Police Department’s Communication Center is in need of an updated radio console system as it remains the main line of communication between public safety personnel and dispatchers.
In the continual effort for operational efficiency, staff began researching various models of radio equipment from the current vendor and sole source provider, Motorola Solutions, to replace the Motorola MCC5500 dispatch console radio system. The goal was to not only replace outdated hardware, but to replace it with a cost-effective feature-rich system that will continue to provide communication capabilities while managing the flow of critical information to our first responders. Department staff has determined, based on extensive research, that the Motorola MCC7500E Console and ASTRO 25 K2 Core would suit communications capabilities well into the next decade.
The Motorola MCC7500E offers state of the art secure communications, seamless IP-based connectivity, flexible system architecture via the conventional channel gateways and complete redundancy from switch to console. This system will pave the way for a future upgrade path to a fully digital system as the need arises or becomes a State requirement. The proposed system would include six operator stations as well as a fully redundant core site that includes dual site controllers, routers, and LAN switches that will provide dispatchers with access to their dispatch consoles even during failures with the LAN switches.
The following features are at the core of the Motorola MCC7500E system and are the fundamental reasons the Police Department staff chose this system:
• Mobility - provides a full console interface experience anywhere inside or outside of the radio network. It can operate as a permanent back up or mobile solution, with full console functionality. Whether for a planned event or immediate emergency response, it commands a wealth of information for highimpact results. • High Availability - as a fully redundant system, the MCC7500E automatically detects the failure and initiates a seamless switchover with no need to perform manual intervention, allowing dispatchers to remain focused on the task at hand. This feature ensures no interruption in dispatching operations occurs.
• Security and Reliability - operations rely on the communication of oftensensitive information. End-to-end encryption protects information in transit and agency partitioning goes a step further to help maintain autonomy of communications within a single system.
The cost of the Motorola MCC7500E system is $309,474, to include applied discounts. Additionally, in order to effectively manage this system, staff is requesting to purchase Advanced Hardware Replacement and Remote Technical Support at a cost of $49,922.43 for years 2-4 (year 1 is covered by the manufacturer’s warranty), bringing the total project cost to $359,396.43.
The Department's entire radio, computer automated dispatch, and records management system is a Motorola platform. In addition, this is an upgrade to the Motorola-based platform and qualifies as a noncompetitive process due to the following:
a. The item is available only from a single source (Motorola). b. The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation as these radio systems are past their end of life term and the system is already experiencing failures which could jeopardize public safety.
Funding for this project is available through funds provided to the City in the federal American Rescue Plan Act (ARPA).
RECOMMENDATION: That the City Council:
1. Authorize Police Department staff to negotiate the purchase of the Motorola MCC7500E Console and ASTRO 25 K2 Core; and
2. Authorize payment upon receipt and successful integration of the new radio consoles.
ATTACHMENTS: 1. Motorola Solutions Proposal
Appropriated/Funded:
Review By:
Department Director:
Jake Castellow, Chief of Police
Final Approver: John Lollis, City Manager
The design, technical, and price information furnished with this proposal is proprietary information of Motorola Solutions, Inc. (Motorola). Such information is submitted with the restriction that it is to be used only for the evaluation of the proposal, and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the proposal, without the express written permission of Motorola Solutions, Inc.
MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2021 Motorola Solutions, Inc. All rights reserved.
PS-000123456
Firm Priced Proposal
City of Porterville Police Department
6-Position MCC 7500E
Console and ASTRO 25 K2
Core
September 28, 2022
Motorola Solutions, Inc.
500 W Monroe Street, Ste 4400
Chicago, IL 60661-3781
USA
September 28, 2022
Captain Josh Maniss
City of Porterville Police Department
350 N D Street
Porterville, CA 93257
Subject: 6-Position MCC 7500E Console and ASTRO 25 Conventional K2 Redundant Core Dear Captain Maniss,
Motorola Solutions, Inc. (“Motorola Solutions”) is pleased to have the opportunity to provide City of Porterville Police Department with quality communications equipment and services. The Motorola Solutions project team has taken great care to propose a solution that will meet your needs and provide exceptional value.
To best meet the functional and operational specifications of this solicitation, our solution includes a combination of hardware, software, and services. Specifically, this solution is for the upgrade of six MCC 7500E consoles and a new ASTRO 25 Conventional -Redundant K2-core that provides:
• One (1) K2 Redundant Core
• Six (6) MCC7500 E Consoles
• Two (2) CCGWs
• One (1) AUX I/O
This proposal consists of this cover letter and the Communications System and Services Agreement (CSSA), together with its Exhibits. This proposal shall remain valid for a period of 120 days from the date of this cover letter. City of Porterville Police Department may accept the proposal by delivering to Motorola the CSSA signed by the City of Porterville representative. Alternatively, Motorola Solutions would be pleased to address any concerns Customer may have regarding the proposal. Any questions can be directed to your Motorola Account Executive, Jeff Wade at (707) 548-6527.
We thank you for the opportunity to furnish City of Porterville Police Department with “best in class” solutions and we hope to strengthen our relationship by implementing this project. Our goal is to provide you with the best products and services available in the communications industry.
Sincerely,
Gordon Poole
Area Sales Manager
Motorola Solutions, Inc.
Porterville Police Department April 19, 2022
6-Position MCC 7500E Console and ASTRO 25 K2 Core
Table of Contents
Use or disclosure of this proposal is subject to the restrictions on the cover page.
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Page i
Table of Contents
Section 1
System Description .............................................................................................................. 1-3
1.1 MCC 7500E CONSOLE UPGRADE AND ASTRO 25 K2 CORE SOLUTION OVERVIEW 1-3
1.1.1 Proposed Console and Infrastructure .................................................................................................. 1-5
1.2 Assumptions..................................................................................................................... 1-6 Section 2
Statement of Work................................................................................................................ 2-8
2.1 Responsibility Matrix........................................................................................................ 2-8
2.2 MOTOROLA SOLUTIONS RESPONSIBILITIES ............................................................. 2-17
2.3 PORTERVILLE POLICE DEPARTMENT RESPONSIBILITIES....................................... 2-18
2.4 CHANGE ORDER PROCESS.......................................................................................... 2-19 Section 3
Acceptance Test Plan............................................................................................................... 1 PORTERVILLE POLICE DEPARTMENT ......................................................................................... 1
3.1 MCC 7500E CONVENTIONAL RESOURCES ...................................................................... 2
3.1.1 Console Priority ........................................................................................................................................ 2
3.1.2 Alert Tones - Conventional Channel ........................................................................................................ 3
3.1.3 Activity Log - Conventional ....................................................................................................................... 4
3.1.4 Tone Generation on Conventional Resource........................................................................................... 5 Section 4
Service/Warranty .................................................................................................................. 2-7
1.1.1 Remote Technical Support................................................................................................................... 2-7
1.1.2 Network Hardware Repair with Advanced Replacement ..................................................................... 2-7 Section 5
Equipment List...................................................................................................................... 5-8 Section 6
Pricing Summary................................................................................................................ 6-11
6.1 Porterville P.D. MCC 7500E Consoles........................................................................... 6-11
6.2 Network Hardware Repair with Advanced Replacement Service and Tech Support Services........................................................................................................................... 6-12
6.3 Payment Terms............................................................................................................... 6-12
6.4 Lifecycle Sustainment Payment Terms......................................................................... 6-12 Section 7
Contractual Documentation............................................................................................... 6-14 Communications System and Services Agreement ................................................................ 6-14 Exhibit A ..................................................................................................................................... 6-30 Porterville Police Department April 19, 2022
6-Position MCC 7500E Console and ASTRO 25 K2 Core
Table of Contents
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Page ii
Motorola Software License Agreement .................................................................................... 6-30 Exhibit B ..................................................................................................................................... 6-35 Payment...................................................................................................................................... 6-35 Exhibit D ..................................................................................................................................... 6-36 System Acceptance Certificate ................................................................................................. 6-36 Porterville Police Department April 19, 2022
6-Position MCC 7500E Console and ASTRO 25 K2 Core
System Description
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Section 1
System Description
1.1 MCC 7500E CONSOLE UPGRADE AND ASTRO 25
K2 CORE SOLUTION OVERVIEW
Motorola Solutions, Inc. (“Motorola Solutions”) proposes an ASTRO 25 MCC 7500E dispatch console with an ASTRO 25 Conventional Redundant K2-core to interface to the existing Analog Conventional system. This will provide the Porterville Police Department (Porterville P.D.) with the confidence of state-of-the-art secure communications, seamless IP-based connectivity, flexible system architecture with scalable components, and centralized console management and an Astro 25 Conventional K Core that will provide connectivity to the existing analog radio infrastructure via the conventional channel gateways (CCGW) and would allow for a future upgrade path to a fully digital P25 compliant radio system.
Motorola Solutions designs its console to help reduce the total cost of owning an IP-based, feature- rich dispatch system without compromising quality and reliability. The console provides Porterville PD with sophisticated network management and easy migration to future capabilities.
As your existing equipment continues to age and more parts become obsolete, Motorola Solutions understands the importance of replacing your existing system to maintain your organization’s mission critical operations.
The proposed ASTRO 25 K-Core and six (6) MCC 7500E IP Dispatch Consoles solution will be located at the Porterville Police Department in the dispatch center.
The Dispatch Center will consist of six (6) operator positions; each position will be equipped with the following main components:
• (1) Standard Z2 G5 Mini Workstation Computers, keyboard & mouse (excludes monitors) • (15) Conventional Radio Resources
• (1) Audio Interface Module (AIM)
• (2) Headset Jacks
• (1) Desktop Microphone
• (2) Network Interface (NIC) Cards
• (1) Dual Pedal Transmit Footswitch
• (2) Console Desktop Speakers
• (1) Dual Instant Recall Recorder (IRR)
• (1) 7 port USB Hub
Porterville Police Department April 19, 2022
6-Position MCC 7500E Console and ASTRO 25 K2 Core
System Description
Use or disclosure of this proposal is subject to the restrictions on the cover page.
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• Spares
The ASTRO 25 K2 -redundant system and Master Site will consist of the following Core Site equipment and main components:
• (2) GCP 8000 Site Controllers
• (2) Core Routers
• (2) Core Backhaul Switches
• (1) Configuration Management Workstation (excludes monitor) with Console Alias Manager (MKM 7000) cohabitating
• (2) Conventional Channel Gateway (CCGW) High Density Routers • (1) Aux I/O Site Manager
• Spares
The proposed K-core and six (6) dispatch consoles will be located at the Porterville Police Department Building. A system diagram is shown in Figure 1-1 below.
Porterville Police Department April 19, 2022
6-Position MCC 7500E Console and ASTRO 25 K2 Core
System Description
Use or disclosure of this proposal is subject to the restrictions on the cover page.
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Figure 1-1: System Diagram - Porterville P.D.
1.1.1 Proposed Console and Infrastructure
The proposed ASTRO 25 conventional system is comprised of an ASTRO 25 conventional core site and six (6) MCC7500E consoles. Motorola has included a K2 conventional core for Porterville. The network equipment will facilitate the routing of radio audio across the system.
The proposed solution offers the Porterville PD six (6) dispatch positions to replace the existing MCC 5500 positions.
The proposed components are connected together and to the rest of the ASTRO 25 system on an IP network through console site routers and switches. The console functions as an integrated component of the total radio system and fully participates in system-level features, such as end-to-end encryption and Agency Partitioning.
The console connects directly to the radio system’s IP transport network without gateways or interface boxes. Audio processing, encryption, and switching intelligence for dispatch are performed within each software- based dispatch position without additional centralized electronics.
Porterville Police Department April 19, 2022
6-Position MCC 7500E Console and ASTRO 25 K2 Core
System Description
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Since the network is IP-based, the system interfaces and components can be distributed physically throughout the network. Some of the available console components are identified below.
The dispatch position supports commercially available accessories, including a USB microphone, USB headset, and USB footswitch, as shown in the Figure 1-2 titled “MCC 7500E Dispatch Position.” Figure 1-2: MCC 7500E Dispatch position supports multiple accessories. (*note: Figure for reference only. The proposed accessories may differ. Please reference equipment list for details)
1.2 Assumptions
Motorola's design is contingent upon the following assumptions being true. Any deviation from these assumptions will result in a change order to the customer:
• All existing sites or equipment locations will have sufficient space available for the system described.
• All existing sites or equipment locations will have adequate electrical power and site grounding suitable to support the requirements of the system described. • Any site/location upgrades or modifications are the responsibility of the City. • Approved local, State, or Federal permits as may be required for the installation and operation of the proposed equipment, are the responsibility of the City. • Any required system interconnections not specifically outlined here will be provided by the City, including but not limited to dedicated phone circuits or microwave links. • Where necessary, the City will provide a dedicated delivery point—such as a warehouse— for receipt, inventory, and storage of equipment prior to delivery to the sites. • Work is performed during normal business hours on non-holidays, Monday – Friday, 8am – 5pm.
• Union labor and Prevailing Wage labor are not requirements. • No performance bond is required.
• Motorola Solutions has proposed one (1) 7.5’ rack at the Porterville PD Dispatch Center.
Porterville Police Department April 19, 2022
6-Position MCC 7500E Console and ASTRO 25 K2 Core
System Description
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• Any necessary demarcation points are defined as the Motorola Solutions-provided equipment. This includes demarcation for the following services:
- 120VAC/ -48DC Power & Circuits
- Backup Power
- Grounding
- Communication Circuits and backhaul links between sites. • Spares for the K core are included.
• Dispatch console spares are included.
• Control stations are not included in this design.
• Any logging recorder, 9-1-1, CAD or any 3rd party upgrades or reconfigurations will be the responsibility of Porterville Police Department.
• A logging recorder is not included.
• Interfacing services to a logging recorder have not been included. • Subscribers, installations and programming have not been included. • Encryption is not included.
• Application Server Equipment and Unified Event Manager (UEM) Fault Management is not included.
• Integrated Data is not included.
• System Support Center (SSC) terminal server with firewall is not included • IP radio system infrastructure is not included.
• Backhaul switch is not included.
• Wireline or telephony interfaces will be provided by Porterville. • Furniture for the dispatch operators will be provided by Porterville. • Computer Monitors for each dispatch position and the configuration manager will be provided by Porterville PD.
• Emergency backup / UPS power is available or will be provided by the City. • Radio only interfaces will be accommodated by the proposed equipment using CCGWs for existing analog radio interfaces.
• Adequate power outlets are available within 6 feet of the proposed equipment. • Emergency backup / UPS power is available or will be provided by the City. • Adequate cooling is available from the HVAC system to support the proposed equipment.
Porterville Police Department April 19, 2022
6-Position MCC 7500E Console and ASTRO 25 K2 Core
Statement of Work
Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted
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Section 2
Statement of Work
Motorola Solutions is proposing to Porterville PD installation and configuration of the following equipment at the specified locations.
Site Name Major Equipment
Porterville PD
(Core and Dispatch)
• One (1) Conventional K2-Core
• Two (2) GCP 8000 Site Controllers
• Six (6) MCC 7500E Dispatch Consoles
• Two (2) Core LAN Switches
• Two (2) Core Routers
• One (1) Configuration Manager Desktop PC
• Two (2) Conventional Channel Gateways (CCGWs)
• One (1) Auxiliary Input/Output Server
This section delineates the general responsibilities between Motorola Solutions and Porterville PD.
2.1 Responsibility Matrix
This section delineates the responsibilities between Motorola and Porterville PD (Customer) as agreed to by contract.
Tasks Motorola Customer
PROJECT INITIATION
Contract Finalization and Team Creation
Execute contract and distribute contract
documents.
X X
Assign a Project Manager as a single point of
contact.
X X
Assign resources. X X
Schedule project kickoff meeting. X X
Deliverable: Signed contract, defined project team, and scheduled project kickoff meeting.
Porterville Police Department April 19, 2022
6-Position MCC 7500E Console and ASTRO 25 K2 Core
Statement of Work
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Tasks Motorola Customer
Project Administration
Ensure that project team members attend all
meetings relevant to their role on the project.
X X
Set up the project in the Motorola Solutions
information system.
X
Record and distribute project status meeting
minutes.
X
Maintain responsibility for third-party services
contracted by Motorola Solutions.
X
Complete assigned project tasks according to the
project schedule.
X X
Submit project milestone completion documents. X
Upon completion of tasks, approve project
milestone completion documents.
X
Conduct all project work Monday thru Friday, 7:30
a.m. to 5:00 p.m.).
X
Deliverable: Completed and approved project milestones throughout the project.
Project Kickoff and Design Review
Introduce team, review roles, and decision
authority.
X X
Present project scope and objectives. X
Review SOW responsibilities and project schedule. X X
Present the system design and operational
requirements for the solution.
X
Present installation plan. X
Present preliminary cutover plan and methods to
document final cutover process. X
Present configuration and details of sites required
by system design. X
Validate that Customer site(s) can accommodate
proposed equipment.
X X
Provide approvals required to add equipment to
proposed existing sites. X
Review safety, security, and site access
procedures.
X
Porterville Police Department April 19, 2022
6-Position MCC 7500E Console and ASTRO 25 K2 Core
Statement of Work
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Tasks Motorola Customer
Present equipment layout plans and system design
drawings.
X
Provide backhaul performance specifications and
demarcation points.
X
Provide heat load and power requirements for new
equipment.
X
Provide for heat load and power requirements as
specified by Motorola for new equipment.
X
Provide information on existing system interfaces. X
Assume liability and responsibility for proving all
information necessary for complete installation.
X
Assume responsibility for issues outside of
Motorola Solutions’ control.
X
Review and update design documents, including
System Description, Statement of Work, Project
Schedule, and Acceptance Test Plan, based on
Design Review agreements.
X
Provide minimum acceptable performance
specifications for customer provided hardware,
software, LAN, WAN and internet connectivity.
X
Provide minimum acceptable performance as
specified by Motorola for customer provided
hardware, software, LAN, WAN and internet
connectivity.
X
Execute Change Order (if any) in accordance with
all material changes to the Contract resulting from
the Design Review.
X
Deliverable: Finalized design documentation based upon “frozen” design, along with any relevant Change Order documentation.
SITE PREPARATION
Site Access
Provide site owners/managers with written notice to
provide entry to sites identified in the project design documentation.
X
Obtain site licensing and permitting, including site
lease/ownership, zoning, permits, regulatory
approvals, easements, power, and telco
connections, if required.
X
Deliverable: Access, permitting, and licensing necessary to install system equipment at each site.
Porterville Police Department April 19, 2022
6-Position MCC 7500E Console and ASTRO 25 K2 Core
Statement of Work
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Tasks Motorola Customer
General Facility Improvements
Provide adequate HVAC, grounding, lighting, cable
routing, and surge protection based upon Motorola
Solutions’ Standards and Guidelines for
Communication Sites (R56)
X
Provide adequate rack/cabinet space to
accommodate new equipment.
X
Ensure the resolution of environmental and
hazardous material issues at each site including,
but not limited to, asbestos, structural integrity
(tower, rooftop, water tank, etc.), and other building
risks.
X
Ensure that electrical service will accommodate
installation of system equipment, including isolation
transformers, circuit breakers, surge protectors, and
cabling.
X
Provide obstruction-free area for the cable run
between the demarcation point and system
equipment.
X
Provide structure penetrations (wall or roof) for
transmission equipment (e.g. antennas, microwave
radios, etc.).
X
Supply interior building cable trays, raceways,
conduits, and wire supports.
X
Pay for usage costs of power and generator fueling,
both during the construction and installation effort,
and on an ongoing basis.
X
Deliverable: Sites meet physical requirements for equipment installation.
SYSTEM INSTALLATION
Equipment Order and Manufacturing
Create equipment order and reconcile to contract. X
Manufacture Motorola Solutions-provided
equipment necessary for system based on
equipment order.
X
Procure non-Motorola Solutions equipment
necessary for the system.
X
Deliverable: Equipment procured and ready for shipment.
Equipment Shipment and Storage
Porterville Police Department April 19, 2022
6-Position MCC 7500E Console and ASTRO 25 K2 Core
Statement of Work
Use or disclosure of this proposal is subject to the restrictions on the cover page.
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Tasks Motorola Customer
Provide secure location for solution equipment. X
Pack and ship solution equipment to the identified,
or site locations.
X
Receive solution equipment. X
Inventory solution equipment. X
Deliverable: Solution equipment received and ready for installation Field System Staging
Provide information on existing system interfaces,
room layouts, or other information necessary for the
assembly to meet field conditions.
X
Set up and rack the solution equipment. X
Cut and label the cables with to/from information to
specify interconnection for field installation and
future servicing needs.
X
Complete the cabling/connecting of the subsystems
to each other (“connectorization” of the
subsystems).
X
Assemble required subsystems to assure system
functionality. X
Power up, load application parameters, program,
and test all staged equipment.
X
Confirm system configuration and software
compatibility with the existing system.
X
Inventory the equipment with serial numbers and
installation references.
X
Perform factory functional acceptance tests of
system features – Customer will not be attending.
X
Deliverable: System staged and ready for shipment.
General Installation
Deliver solution equipment to installation location. X
Coordinate receipt of and inventory solution
equipment with designated contact. X
Porterville Police Department April 19, 2022
6-Position MCC 7500E Console and ASTRO 25 K2 Core
Statement of Work
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Tasks Motorola Customer
Install all proposed fixed equipment as outlined in
the System Description based upon the agreedupon floor plans, connecting audio, control, and radio transmission cables to connect equipment to
the power panels or receptacles, and audio/control
line connection points. Installation performed in
accordance with R56 standards and state/local
codes.
X
Provide system interconnections that are not
specifically outlined in the system design, including
dedicated phone circuits, microwave links, or other
types of connectivity.
X
Install and terminate all network cables between
site routers and network demarcation points.
X
Ensure that Type 1 and Type 2 AC suppression is
installed to protect installed equipment.
X
Connect installed equipment to the provided ground
system.
X
Label equipment, racks, and cables. X
Identify circuits for connection to console and a
demarcation point located within 25 feet of the
console interface.
X
Perform preliminary audit of installed equipment to
ensure compliance with requirements and R56
standards.
X
Note any required changes to the installation for
inclusion in the “as-built” system documentation.
X
Remove, transport, and dispose of old equipment. X
Deliverable: Equipment installed.
Console System Installation and Configuration
Identify circuits for connection to console and a
demarcation point located within 25 feet of the
console interface.
X
Provide desk space for six (6) new dispatch
consoles
X
Tasks Motorola Customer
Install six (6) MCC 7500E consoles in the Dispatch
Center on existing customer-provided desk space.
X
Connect console to circuit demarcation points. X
Porterville Police Department April 19, 2022
6-Position MCC 7500E Console and ASTRO 25 K2 Core
Statement of Work
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Tasks Motorola Customer
Install purchased peripheral console equipment in
accordance with R56 standards and state/local
codes.
X
Provide all Cat6 cable to connect the consoles to
the switches in the backroom
X
Permanently install, cable, and ground equipment
in the backroom in customer provided cabinet
space.
X
Develop templates for console programming. X
Perform console programming and configuration. X
Deliverable: Console system equipment installation completed.
SYSTEM OPTIMIZATION AND TESTING
R56 Site Audit
Perform R56 site-installation quality-audits,
verifying proper physical installation and
operational configurations.
X
Create site evaluation report to verify site meets or
exceeds requirements, as defined in Motorola
Solutions’ R56 Standards and Guidelines for
Communication Sites.
X
Deliverable: R56 Standards and Guidelines for Communication Sites audits completed successfully.
Solution Optimization
Verify that all equipment is operating properly and
that all electrical and signal levels are set
accurately.
X
Verify that all audio and data levels are at factory
settings. X
Verify communication interfaces between devices
for proper operation. X
Ensure that functionality meets manufacturers’
specifications and complies with the final
configuration established during design review or
system staging.
X
Deliverable: Completion of System Optimization.
Tasks Motorola Customer
Functional Acceptance Testing
Porterville Police Department April 19, 2022
6-Position MCC 7500E Console and ASTRO 25 K2 Core
Statement of Work
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Tasks Motorola Customer
Verify the operational functionality and features of
the solution supplied by Motorola Solutions, as
contracted.
X
Witness the functional testing. X
Document all issues that arise during the
acceptance tests.
X
If any major task for the system as contractually
described fails during the Customer acceptance
testing or beneficial use, repeat that particular task
after Motorola Solutions determines that corrective
action has been taken.
X
Resolve any minor task failures before Final
System Acceptance.
X
Document the results of the acceptance tests and
present for review.
X
Review and approve final acceptance test results. X
If any major task as contractually described fails,
repeat that particular task after Motorola Solutions
determines that corrective action has been taken.
X
Document all issues that arise during the
acceptance tests. X
Document the results of the acceptance tests and
present to the Customer for review. X
Resolve any minor task failures before Final
System Acceptance. X
Deliverable: Completion of functional testing and approval by Customer.
PROJECT TRANSITION
Cutover
Finalize Cutover Plan. X X
Conduct cutover meeting with relevant personnel to
address both how to mitigate technical and
communication problem impacts to the users during
cutover and during the general operation of the
system.
X
Notify the personnel affected by the cutover of the
date and time planned for cutover.
X
Tasks Motorola Customer
Porterville Police Department April 19, 2022
6-Position MCC 7500E Console and ASTRO 25 K2 Core
Statement of Work
Use or disclosure of this proposal is subject to the restrictions on the cover page.
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Tasks Motorola Customer
Provide ongoing communication with users
regarding the project and schedule.
X X
Cut over console system. X
Resolve punchlist items, documented during the
Acceptance Testing phase, in order to meet all the
criteria for final system acceptance.
X
Assist Motorola with resolution of identified
punchlist items by providing support, such as
access to the sites, equipment and system, and
approval of the resolved punchlist items.
X
Deliverable: Migration to new system completed, and punchlist items resolved.
PROJECT TRANSITION
Transition to Warranty
Review the items necessary for transitioning the
project to warranty support and service.
X
Motorola Solutions to provide services during year
1 warranty which align with the proposed services.
Additional out-years have been included as an
option for Essential Plus and SUA II post-warranty
services.
X
Provide a Customer Support Plan detailing the
warranty support associated with the contract
equipment.
X
Participate in the Transition Service/Project
Transition Certificate (PTC) process. X
Provide a Customer Support Plan detailing the
warranty support associated with the contract
equipment.
X
Participate in the Transition Service/Project
Transition Certificate (PTC) process.
X
Deliverable: Service information delivered and approved by Customer Finalize Documentation and System Acceptance
Resolve punchlist items, documented during the
Acceptance Testing phase, in order to meet all the
criteria for final system acceptance.
X
Assist Motorola Solutions with resolution of
identified punchlist items by providing support, such
as access to the sites, equipment and system, and
approval of the resolved punchlist items.
X
Porterville Police Department April 19, 2022
6-Position MCC 7500E Console and ASTRO 25 K2 Core
Statement of Work
Use or disclosure of this proposal is subject to the restrictions on the cover page.
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Tasks Motorola Customer
Provide manufacturer’s installation material, part list and other related material to Customer upon project
completion.
X
Tasks Motorola Customer
Provide an electronic as-built system manual on CD
or other Customer preferred electronic media. The
documentation will include the following:
Site Floor Plans.
Site Equipment Rack Configurations.
ATP Test Checklists.
Functional Acceptance Test Plan Test Sheets and
Results.
Equipment Inventory List.
Console Programming Template (where
applicable).
Maintenance Manuals (where applicable).
Technical Service Manuals (where applicable).
Drawings will be delivered in Adobe PDF format.
X
Receive and approve documentation. X
Execute Final Project Acceptance. X X
Deliverable: All required documents are provided and approved. Final Project Acceptance.
2.2 MOTOROLA SOLUTIONS RESPONSIBILITIES
Motorola Solutions’ responsibilities include the following:
• Ship equipment to Porterville PD facility.
• Configure the K2 core for the new consoles.
• At the dispatch center, program the new consoles:
- Develop a console template based on the existing MCC5500 screen layout. • Program the new MCC 7500E consoles with the template. • Perform Cutover in Dispatch:
- Cutover details will be worked out in more detail during the project deployment with the aid of Porterville PD
Porterville Police Department April 19, 2022
6-Position MCC 7500E Console and ASTRO 25 K2 Core
Statement of Work
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2.3 PORTERVILLE POLICE DEPARTMENT
RESPONSIBILITIES
Porterville PD will assume responsibility for the installation and performance of all other equipment and work necessary for completion of this project that is not provided by Motorola Solutions. Porterville PD general responsibilities include the following:
• Provide the required Cat 6 cables for Ethernet connectivity between the new K2 Core at the IT room and all the dispatch consoles.
• Provide dispatch furniture and monitors for the 6 new MCC 7500E consoles in the existing dispatch room.
• Provide a monitor for the Console Alias Manager workstation. • Coordinate the activities of all Porterville PD vendors or other contractors. • Supply adequately sized electrical service, backup power (UPS, generator, batteries, etc.) including the installation of conduit, circuit breakers, outlets, etc., at each equipment location. • Porterville PD is responsible for supplying all necessary power circuits for both the dispatch positions and for the back room equipment. Porterville PD is responsible for supplying a power source for the Motorola provided power strips at the dispatch positions. Porterville PD is also responsible for providing the backup power for all dispatch equipment. • Provide any necessary demarcation points for the Motorola Solutions-provided equipment. This includes demarcation for the following services:
o 120VAC/ -48DC Power & Circuits.
o Backup Power.
o Grounding.
o Communication Circuits and backhaul links between sites. • Provide any Logging recorder, 911, CAD or any third-party upgrades or reconfigurations required. Integration with 3rd party solutions is outside of the scope of this proposal. • Provide desk space for the new Configuration Manager dedicated PC. • Any required system interconnections not specifically outlined here will be provided by the Customer, per Motorola Solutions specifications. Test results to confirm specification compliancy are required prior to equipment installation. o Note: These may include dedicated phone circuits, microwave links, or other types of connectivity.
Porterville Police Department April 19, 2022
6-Position MCC 7500E Console and ASTRO 25 K2 Core
Statement of Work
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• Provide required system interconnections, including:
o Connection from Porterville PD provided access control panel to Motorola Solutionsprovided Aux I/O punchblocks. o Conventional channel resource punchblock demarcation points (documented and working).
o Connection from Porterville PD provided logging recorder to the Motorola Solutions punchblock demarcation point.
2.4 CHANGE ORDER PROCESS
Either Party may request changes within the general scope of this SOW. If a requested change causes an increase or decrease in the cost or time required to perform this SOW, the Parties will agree to an equitable adjustment of the Contract Price, Performance Schedule, or both, and will reflect the adjustment in a change order. Neither Party is obligated to perform requested changes unless both Parties execute a written change order.
Porterville Police Department
6-Position MCC 7500E Console and ASTRO 25 K2 Core Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Acceptance Test Plan 5-1 Section 3
Acceptance Test Plan
PORTERVILLE POLICE DEPARTMENT
Porterville PD K2 Core and Dispatch
In-Field Draft
Porterville Police Department
6-Position MCC 7500E Console and ASTRO 25 K2 Core Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Acceptance Test Plan 5-2
3.1 MCC 7500E CONVENTIONAL RESOURCES
2. TEST
3.1.1 Console Priority
1. DESCRIPTION
Console Operator Positions have ultimate control of
transmitted audio on an assigned resource. The
Console Position has the capability to take control of
an assigned voice channel for a channel/talkgroup
call so that the operator's audio overrides any
subscriber audio. Console priority is a feature that
enables dispatchers to gain immediate access to an
assigned voice channel so that a central point of
audio control exists.
SETUP
RADIO-1 - CONVENTIONAL CHANNEL 1
RADIO-2 - CONVENTIONAL CHANNEL 1
CONSOLE-1 - CONVENTIONAL CHANNEL 1
Step 1. Initiate a call from RADIO-1 on
CONVENTIONAL CHANNEL 1. Keep this
call in progress until the test has completed.
Step 2. Observe that RADIO-2 receives the call.
Step 3. While the call is in progress, key up
CONSOLE-1 on CONVENTIONAL
CHANNEL 1.
Step 4. Observe that RADIO-2 is now receiving
audio from CONSOLE-1 on
CONVENTIONAL CHANNEL 1.
Step 5. De-key CONSOLE-1.
Step 6. Verify RADIO-2 now receives RADIO-1
audio.
Step 7. End the CONVENTIONAL CHANNEL 1 call
from RADIO-1.
Pass Fail
VERSION #1.040
Porterville Police Department
6-Position MCC 7500E Console and ASTRO 25 K2 Core Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Acceptance Test Plan 5-3 MCC 7500 Conventional Resources
3.1.2 Alert Tones - Conventional
Channel
1. DESCRIPTION
Pre-defined alert tones can be transmitted on the
selected Radio Resource to subscribers which can
alert members of a channel / talkgroup to a
particular event or signify to radio users special
instructions are to follow. The Console has the ability to send an Alert-Tone signal on selected
conventional or talkgroup resources.
SETUP
RADIO-1 - CONVENTIONAL CHANNEL 1
RADIO-2 - CONVENTIONAL CHANNEL 1
CONSOLE-1 - CONVENTIONAL CHANNEL 1
VERSION #1.030
2. TEST
Step 1. Select CONVENTIONAL CHANNEL 1 on
CONSOLE-1.
Step 2. Select Alert Tone 1 and depress the Alert
Tone button.
Step 3. Verify that RADIO-1 and RADIO-2 hearAlert
Tone 1.
Step 4. Repeat Steps 2-3 for Alert Tone 2 and 3.
Pass Fail
Porterville Police Department
6-Position MCC 7500E Console and ASTRO 25 K2 Core Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Acceptance Test Plan 5-4 MCC 7500 Conventional Resources
3.1.3 Activity Log - Conventional
1. DESCRIPTION
The MCC 7100/7500 Console activity log will show
all traffic for the resource assigned to that console to include the time, radio alias, Channel, PTT ID and
Emergency Call.
The dispatcher has the capability of selecting a
logged call within in the "Activity Log Window" for
instant transmit on the corresponding logged
resource.
This activity log can be logged to a text file for
archival purposes.
Note: The log file in the ops will only be seen if you
first check Log Activity in Elite Admin application
then in folder options uncheck hide hidden system
files. The location will be c:\Program Data\MCC
7500\MessageMonitorLogs.
SETUP
RADIO-1 – CONVENTIONAL CHANNEL 1
RADIO-2 – CONVENTIONAL CHANNEL 2
RADIO-3 – CONVENTIONAL CHANNEL 3
RADIO-4 – CONVENTIONAL CHANNEL 4
CONSOLE-1 – CONVENTIONAL CHANNEL 1,
CONVENTIONAL CHANNEL 2, CONVENTIONAL
CHANNEL 3, CONVENTIONAL CHANNEL 4
VERSION #1.060
2. TEST
Step 1. On CONSOLE-1 select the "Show Activity
Log" button on the tool bar to open the
Activity Log Window.
Step 2. Initiate calls on RADIO-1, RADIO-2, RADIO3 and RADIO-4 to log call information and verify calls are displayed in the activity log
window.
Step 3. Select a logged call in the Activity Log
Window and verify that the Channel Control
Window (CCW) at the top of the Activity log
window changes to the corresponding
resource. Verify the dispatcher is capableof
responding via the instant transmit button.
Step 4. Open the text file created by the Activity Log
and verify call traffic has been archived to
the document file.
Pass Fail
Porterville Police Department
6-Position MCC 7500E Console and ASTRO 25 K2 Core Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Acceptance Test Plan 5-5 MCC 7500 Conventional Resources
3.1.4 Tone Generation on
Conventional Resource
1. DESCRIPTION
This test will demonstrate that the dispatch console
is able to transmit on a conventional resource during
the tone generation period.
SETUP
RADIO-1 - CONVENTIONAL CHANNEL 1
CCGW-1 - CONVENTIONAL CHANNEL 1
CCGW-1 - SITE 1
CONSOLE-1 - CONVENTIONAL CHANNEL 1
CONSOLE-1 - SITE - CONSITE 1
(Note: Use General Transmit by keying up
CONVENTIONAL CHANNEL 1 via console
microphone or footswitch)
VERSION #1.040
2. TEST
Step 1. Send an Alert tone from CONSOLE-1,
followed by a voice announcement.
Step 2. Verify that RADIO-1 hears Alert tonefrom
CONSOLE-1.
Step 3. Verify that RADIO-1 hears audio from
CONSOLE-1 during the Alert Tone Talk
Extend period.
Pass Fail
Porterville Police Department
6-Position MCC 7500E Console and ASTRO 25 K2 Core Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions Confidential Restricted Acceptance Test Plan 5-6
5.1 SIGNOFF CERTIFICATE
By their signatures below, the following witnesses certify they have observed the system Acceptance Test Procedures.
Signatures
WITNESS:
Please Print Name:
Please Print Title:
Initials:
WITNESS:
Please Print Name:
Please Print Title:
Initials:
WITNESS:
Please Print Name:
Initials:
Please Print Title:
Date:
Date:
Date:
Porterville Police Department April 19, 2022
6-Position MCC 7500E Console and ASTRO 25 K2 Core
Service/Warranty
Use or disclosure of this proposal is subject to the restrictions on the cover page.
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Section 4
Service/Warranty
Motorola Solutions will provide the Porterville Police Department Warranty services as outlined in the CSSA. In addition, Motorola Solutions will include our Remote Technical Support and Network Hardware Repair with Advanced Replacement during the Warranty period. Maintenance services are described generally below and full statements of work describing the services are available upon request.
1.1.1 Remote Technical Support
Motorola Solutions’ Centralized Managed Support Operations (CMSO) will provide Remote Technical Support for infrastructure issues that require specific technical expertise. Experienced technical support specialists will be available to consult with Porterville PD to help diagnose, troubleshoot, and resolve infrastructure issues. Service Desk maintenance procedures and incident resolution techniques are based on ISO 9001 and TL 9000 standards.
1.1.2 Network Hardware Repair with Advanced Replacement To restore Porterville PD’s ASTRO 25 network components if they malfunction, Motorola Solutions will repair Motorola Solutions-provided infrastructure equipment. This includes select third-party infrastructure equipment supplied by Motorola Solutions. Motorola Solutions will ship and return repaired equipment, and will coordinate the repair of third-party solution components.
To reduce the impact of a malfunction, Motorola Solutions will exchange malfunctioning equipment with Advanced Replacement units or Field Replacement Units (FRU), as available. Motorola Solutions’ repair depot will diagnose and repair malfunctioning components, and once repaired, add those to the depot’s FRU inventory. Replacement components will remain in Porterville PD’s ASTRO 25 network to maintain continued network functionality.
If Porterville PD prefers to maintain their existing FRU inventory rather than using Motorola Solutions’ depot inventory, Motorola Solutions can provide “loaner” FRUs during the repair process.
Porterville Police Department April 19, 2022
6-Position MCC 7500E Console and ASTRO 25 K2 Core
Equipment List
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Section 5
Equipment List
This section lists the equipment necessary for the proposed solution.
BLOCK LIM O QTY NOMENCLATURE DESCRIPTION
OP_POS 1 - 1 B1948 MCC 7500E DISPATCH POSITION LICENSE
OP_POS 1 a 6 UA00653AA ADD: BASIC CONSOLE OPERATION
OP_POS 1 b 6 UA00655AA ADD: ADVANCED CONVENTIONAL OPERATIO OP_POS 1 c 6 UA00249AA ADD: 15 RADIO RESOURCES LICENSE
OP_POS 1 d 6 UA00661AA ADD: ENHANCED IRR
OP_POSIT 2 - 6 TT3903A Z2 G5 MINI WORKSTATION NON RETURNAB OP_POSIT 3 - 12 B1952 SPEAKER, DESKTOP, USB
OP_POSIT 3 a 12 CA03405AA ADD: POWER SUPPLY WITH DC CORD OP_POSIT 3 b 12 CA03406AA ADD: AC LINE CORD, NORTH AMERICA OP_POSIT 3 c 12 CA03412AA ADD: USB CABLE, TYPE C TO TYPE C, 4 OP_POSIT 4 - 6 B1941 USB AUDIO INTERFACE MODULE
OP_POSIT 5 - 6 B1951 MICROPHONE, DESKTOP, USB
OP_POSIT 5 a 6 CA03412AA ADD: USB CABLE, TYPE C TO TYPE C, 4 OP_POSIT 6 - 12 B1913 MCC SERIES HEADSET JACK
OP_POSIT 7 - 6 DSTWIN6328A PROVIDES ONE DUAL PEDAL FOOTSWITCH OP_POSIT 8 - 6 T8742 MCAFEE FOR WINDOWS CLIENT, A2019.2 OP_POSIT 9 - 6 DSUSB31000S STARTECH USB 3.0 TO GIGABIT ETHERNE OP_POSIT 10 - 6 DSST7300U3M STARTECH 7 PORT USB 3.0 HUB OP_POSIT 11 - 6 T8807A WINDOWS SUPP FULL CONFIG, A2020.1/A OP_POSIT 12 - 1 DSF2B56AA USB EXTERNAL DVD DRIVE
CCGW 13 - 1 SQM01SUM0205 GGM 8000 GATEWAY
CCGW 13 a 1 CA01616AA ADD: AC POWER
Porterville Police Department April 19, 2022
6-Position MCC 7500E Console and ASTRO 25 K2 Core
Equipment List
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BLOCK LIM O QTY NOMENCLATURE DESCRIPTION
CCGW 13 b 1 CA02086AA ADD: HIGH DENSITY ENH CONV GATEWAY CCGW 14 - 1 SQM01SUM0205 GGM 8000 GATEWAY
CCGW 14 a 1 CA01616AA ADD: AC POWER
CCGW 14 b 1 CA02086AA ADD: HIGH DENSITY ENH CONV GATEWAY CORE 15 - 1 SQM01SUM0237 SINGLE ZONE CONV NON-RED CORE
CORE 15 a 1 CA01663AB ADD: RACK
CORE 15 b 1 CA02259AA ADD: Redundancy
RACK 16 - 1 DS1101990 SPD, SHIELDED RJ-45 JACK, SINGLE LI RACK 17 - 1 DSTSJADP RACK MOUNT GROUND BAR, 19 IN FOR TS RACK 18 - 2 DSRMP615A SPD, TYPE 3, 120V RACK MOUNT, 15A P CONF_TOOL 19 - 1 TT3903A Z2 G5 MINI WORKSTATION NON RETURNAB CONF_TOOL 20 - 1 T8807A WINDOWS SUPP FULL CONFIG, A2020.1/A CONF_TOOL 21 - 1 T8742 MCAFEE FOR WINDOWS CLIENT, A2019.2 CONF_TOOL 22 - 1 BVN1013 MKM 7000 Console Alias Manager Soft AUX_IO 23 - 1 F0016A MC IOT MAIN MODEL
AUX_IO 23 a 1 VA01370AA ADD: MC-EDGE
AUX_IO 23 b 1 VA00985AA ADD: NO PIGGY_ MC-EDGE
AUX_IO 23 c 2 VA00989AA ADD: 8DO EE 16DI 5-18 V /DRY
AUX_IO 23 d 1 VA00147 ADD: FRONT CABLE COVERS
AUX_IO 23 e 1 VA00155 ADD:DC POWER CABLE
AUX_IO 23 f 1 VA00009 ADD: AC POWER SUPPLY UNIT 12V / 5A AUX_IO 24 - 1 DSIABDIN4 PANDUIT IABDIN4 4 RACK UNIT DIN RAI AUX_IO 25 - 2 FHN0057 DIN RAIL STOPPER
AUX_IO 26 - 1 CDN6135 CABLE ASSY 25 PR M-NONE 25FT
AUX_IO 27 - 1 QRN5066 punchblock w/ panel
SPARES 28 - 1 SQM01SUM0205 GGM 8000 GATEWAY
SPARES 28 a 1 CA01616AA ADD: AC POWER
Porterville Police Department April 19, 2022
6-Position MCC 7500E Console and ASTRO 25 K2 Core
Equipment List
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BLOCK LIM O QTY NOMENCLATURE DESCRIPTION
SPARES 28 b 1 CA02086AA ADD: HIGH DENSITY ENH CONV GATEWAY SPARES 29 - 1 B1941 USB AUDIO INTERFACE MODULE
SPARES 30 - 1 B1952 SPEAKER, DESKTOP, USB
SPARES 30 a 1 CA03405AA ADD: POWER SUPPLY WITH DC CORD
SPARES 30 b 1 CA03406AA ADD: AC LINE CORD, NORTH AMERICA SPARES 30 c 1 CA03412AA ADD: USB CABLE, TYPE C TO TYPE C, 4 SPARES 31 - 1 B1951 MICROPHONE, DESKTOP, USB
SPARES 31 a 1 CA03412AA ADD: USB CABLE, TYPE C TO TYPE C, 4 SPARES 32 - 1 B1913 MCC SERIES HEADSET JACK
SPARES 33 - 1 TT3903A Z2 G5 MINI WORKSTATION NON RETURNAB SPARES 34 - 1 CLN1868 2930F 24-PORT SWITCH
SPARES 35 - 1 CLN1866 FRU: 1M DAC CABLE
SPARES 36 - 1 T8493 EDGE & HUB ROUTER & FIREWALL - AC
SPARES 36 a 1 CA03445AA ADD: MISSION CRITICAL HARDENING SPARES 36 b 1 CA03448AA ADD: STATEFUL FIREWALL
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Section 6
Pricing Summary
6.1 Porterville P.D. MCC 7500E Consoles
Motorola’s pricing is based on the equipment list and services for the system designed for Porterville P.D. The Statement of Work (SOW) describes the work to be performed for the installation, optimization, and testing of the system and the equipment list provides the equipment necessary for this project.
Below pricing includes: (6) MCC 7500E Consoles, Implementation Services and 1st Year Warranty.
Description Price (USD)
Equipment:
- One Redundant K2 Core
- Six MCC7500E Consoles
- Two CCGWs
- Network Routers and Switches
- Configuration Manager and Console Alias Manager
- MC-EDGE for AUX I/Os $250,882
-$16,020
Additional Equipment Discount if purchased by 11/17/2022 -$60,340 Equipment Total $174,522
Project Services:
- Project Management
- Engineering Support
- Detailed Design Review
- Equipment Ordering and Manufacturing
- Equipment Shipment
- Field Staging
- Equipment Installation
- Programming and Configuration
- Functional Acceptance Testing $165,468
Additional Service Discount if purchased by 11/17/2022 -$42,512 Estimated Tax on Equipment (9.25%) $11,996
Project Total $309,474
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6.2 Network Hardware Repair with Advanced
Replacement Service and Tech Support Services
Below pricing is Maintenance Pricing through 2026 on the Porterville PD MCC 7500E Consoles:
Network Hardware Repair with Advanced Replacement and Tech Support Services 24 x 7 YEAR 2 YEAR 3 YEAR 4 TOTAL YEARS 2-4
$ 16,151.42 $ 16,635.96 $ 17,135.04 $ 49,922.43
6.3 Payment Terms
Except for a payment that is due on the Effective Date, the City of Porterville will make payments to Motorola within thirty (30) days after the date of each invoice. The City of Porterville will make payments when due in the form of a check, cashier’s check, or wire transfer drawn on a U.S. financial institution and in accordance with the following milestones.
1. 50% of the Contract Price due upon contract execution (due upon effective date);
2. 50% of the Contract Price due upon Final Acceptance.
Overdue invoices will bear simple interest at the rate of ten percent (10%) per annum, unless such rate exceeds the maximum allowed by law, in which case it will be reduced to the maximum allowable rate. Motorola reserves the right to make partial shipments of equipment and to request payment upon shipment of such equipment. In addition, Motorola reserves the right to invoice for installations or civil work completed on a site-by-site basis, when applicable.
6.4 Lifecycle Sustainment Payment Terms
For Lifecycle Support Plan and Subscription Based Services:
Motorola will invoice Customer annually in advance of each year of the plan.
The chart below outlines the hourly labor rates for Motorola System Integration resources to be used. The staffing requirements shall be multiplied by the appropriate rate per resource in the table below. The hourly labor rates are fully burdened. The hourly rates per resource type and level are listed in Table 1.
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These rates apply to ordinary days and times (Monday to Friday during the hours 8am to 5pm). Additional surcharges may apply to work done outside these timeframes. The minimum charge for any resource will be 4 hours. Travel expenses are not included in these rates and may be charged separately. The qualifications of each type and level of resource are defined in the tables found at https://www.motorolasolutions.com/content/dam/msi/secure/services/labor-rates-exhibit-160408.pdf. All Motorola System Integration personnel assigned to this project will be classified according these levels.
Project Administrative roles are varied and their specific duties and qualifications will be determined by the complexity and requirements of each project.
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Section 7
Contractual Documentation
Communications System and Services Agreement
Motorola Solutions, Inc. (“Motorola”) and _______________________________________ (“Customer”) enter into this “Agreement,” pursuant to which Customer will purchase and Motorola will sell the System and Services, as described below. Motorola and Customer may be referred to individually as a “Party” and collectively as the “Parties.” For good and valuable consideration, the Parties agree as follows:
Section 1 ATTACHMENTS
1.1. EXHIBITS. The Exhibits listed below are exhibits related to the System sale and implementation.
These Exhibits are incorporated into and made a part of this Agreement.
Exhibit A “Motorola Software License Agreement”
Exhibit B “Payment”
Exhibit C Technical and Implementation Documents
C-1 “System Description” dated _______________
C-2 “Pricing Summary & Equipment List” dated _______________ C-3 “Implementation Statement of Work” dated _______________ C-4 “Acceptance Test Plan” or “ATP” dated _______________ C-5 “Performance Schedule” dated _______________
Exhibit D “System Acceptance Certificate”
1.2. ADDENDUM (ADDENDA). Customer may elect to purchase professional or subscription services in addition to the System and related services. Any such services will be governed by the terms in the main body of the Agreement and an applicable Addendum containing terms specific to such service. Such Addenda will be labeled with the name of the service being purchased.
1.3 ORDER OF PRECEDENCE. In interpreting this Agreement and resolving any ambiguities: 1) the main body of this Agreement takes precedence over the exhibits (unless otherwise specified in an exhibit), and any inconsistency between Exhibits A through D will be resolved in their listed order, and 2) The applicable service Addendum will take precedence over the main body of the Agreement and the Exhibits.
Section 2 DEFINITIONS
Capitalized terms used in this Agreement have the following meanings:
“Acceptance Tests” means those tests described in the Acceptance Test Plan. “Addendum (Addenda)” is the title of the document(s) containing a specific set of terms and conditions applicable to a particular service or other offering beyond the Communication System and System implementation services.
The terms in the Addendum are applicable only to the specific service or offering described therein. “Administrative User Credentials” means an account that has total access over the operating system, files, end user accounts and passwords at either the System level or box level. Customer’s personnel with access to the Administrative User Credentials may be referred to as the Administrative User.
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“Beneficial Use” means when Customer first uses the System or a Subsystem for operational purposes (excluding training or testing).
“Confidential Information” means all information consistent with the fulfillment of this Agreement that is (i) disclosed under this Agreement in oral, written, graphic, machine recognizable, and/or sample form, being clearly designated, labeled or marked as confidential or its equivalent or (ii) obtained by examination, testing or analysis of any hardware, software or any component part thereof provided by discloser to recipient. The nature and existence of this Agreement are considered Confidential Information. Confidential Information that is disclosed orally must be identified as confidential at the time of disclosure and confirmed by the discloser by submitting a written document to the recipient within thirty (30) days after such disclosure. The written document must contain a summary of the Confidential Information disclosed with enough specificity for identification purpose and must be labeled or marked as confidential or its equivalent.
“Contract Price” means the price for the System and implementation Services, excluding applicable sales or similar taxes and freight charges. Further, unless otherwise stated in Exhibit B, “Payment” or the pricing pages of the proposal, recurring fees for maintenance, SUA, or subscription services are not included in the Contract Price. “Deliverables” means all written information (such as reports, specifications, designs, plans, drawings, analytics, Solution Data, or other technical or business information) that Motorola prepares for Customer in the performance of the Services and is obligated to provide to Customer under this Agreement. The Deliverables, if any, are more fully described in the Statement of Work.
“Derivative Proprietary Materials” means derivatives of the Proprietary Materials that Motorola may from time to time, including during the course of providing the Services, develop and/or use and/or to which Motorola provides Customer access.
“Effective Date” means that date upon which the last Party executes this Agreement. “Equipment” means the hardware components of the Solution that Customer purchases from Motorola under this Agreement. Equipment that is part of the System is described in the Equipment List. “Feedback” means comments or information, in oral or written form, given to Motorola by Customer in connection with or relating to Equipment or Services, during the term of this Agreement. “Force Majeure” means an event, circumstance, or act that is beyond a Party’s reasonable control, such as an act of God, an act of the public enemy, an act of a government entity, strikes, other labor disturbances, supplier performance, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, riots, or any other similar cause. “Motorola Software” means software that Motorola or its affiliated companies owns. “Non-Motorola Software” means software that a party other than Motorola or its affiliated companies owns. “Open Source Software” (also called “freeware” or “shareware”) means software with either freely obtainable source code, license for modification, or permission for free distribution. “Proprietary Materials” means certain software tools and/or other technical materials, including, but not limited to, data, modules, components, designs, utilities, subsets, objects, program listings, models, methodologies, programs, systems, analysis frameworks, leading practices and specifications which Motorola has developed prior to, or independently from, the provision of the Services and/or which Motorola licenses from third parties. “Proprietary Rights” means the patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, mask works, know-how, and other intellectual property rights in and to the Equipment and Software, including those created or produced by Motorola under this Agreement and any corrections, bug fixes, enhancements, updates or modifications to or derivative works from the Software whether made by Motorola or Porterville Police Department April 19, 2022
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another party.
“Services” means system implementation, maintenance, support, subscription, or other professional services provided under this Agreement, which may be further described in the applicable Addendum and/or SOW. “Software” (i) means proprietary software in object code format, and adaptations, translations, de-compilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain one or more items of software owned by a third party supplier. The term "Software" does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement. “Software License Agreement” means the Motorola Software License Agreement (Exhibit A). “Software Support Policy” (“SwSP”) means the policy set forth at https://www.motorolasolutions.com/content/dam/msi/secure/services/software_policy.pdf describing the specific technical support that will be provided to Customers under the Warranty Period and during any paid maintenance support period for Motorola Software. This policy may be modified from time to time at Motorola’s discretion.
“Solution” means the combination of the System(s) and Services provided by Motorola under this Agreement. “Solution Data” means Customer data that is transformed, altered, processed, aggregated, correlated or operated on by Motorola, its vendors or other data sources and data that has been manipulated or retrieved using Motorola know-how to produce value-added content to data consumers, including customers or citizens which is made available to Customer with the Solution and Services.
“Specifications” means the functionality and performance requirements that are described in the Technical and Implementation Documents.
“SUA” or “SUA II” means Motorola’s Software Upgrade Agreement program. “Subsystem” means a major part of the System that performs specific functions or operations. Subsystems are described in the Technical and Implementation Documents. “System” means the Equipment, including incidental hardware and materials, Software, and design, installation and implementation services that are combined together into an integrated system; the System(s) is (are) described in the Technical and Implementation Documents.
“System Acceptance” means the Acceptance Tests have been successfully completed. “System Data” means data created by, in connection with or in relation to Equipment or the performance of Services under this Agreement.
“Warranty Period” for System Hardware, Software, or services related to system implementation means one (1) year from the date of System Acceptance or Beneficial Use, whichever occurs first. Unless otherwise stated in the applicable Addendum, Warranty Period for other Services means ninety (90) days from performance of the Service.
Section 3 SCOPE OF AGREEMENT AND TERM
3.1. SCOPE OF WORK. Motorola will provide, install and test the System(s), and perform its other contractual responsibilities to provide the Solution, all in accordance with this Agreement. Customer will perform its contractual responsibilities in accordance with this Agreement.
3.2. CHANGE ORDERS. Either Party may request changes within the general scope of this Agreement. If a Porterville Police Department April 19, 2022
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requested change causes an increase or decrease in the cost or time required to perform this Agreement, the Parties will agree to an equitable adjustment of the Contract Price or applicable subscription fees, Performance Schedule, or both, and will reflect the adjustment in a change order or Addendum. Neither Party is obligated to perform requested changes unless both Parties execute a written change order.
3.3. TERM. Unless terminated in accordance with other provisions of this Agreement or extended by mutual agreement of the Parties, the term of this Agreement begins on the Effective Date and continues until the date of Final Project Acceptance or expiration of the Warranty Period, or completion of the Services, whichever occurs last.
The term and the effective date of recurring Services will be set forth in the applicable Addendum.
3.4. ADDITIONAL EQUIPMENT OR SOFTWARE. For three (3) years after the expiration date of the Agreement, Customer may order additional Equipment or Software, if it is then available. Each purchase order must refer to this Agreement, the expiration date of the Agreement, and must specify the pricing and delivery terms.
The Parties agree that, notwithstanding expiration of the Agreement, the applicable provisions of this Agreement (except for pricing, delivery, passage of title and risk of loss to Equipment, warranty commencement, and payment terms) will govern the purchase and sale of the additional Equipment or Software. Additional or contrary terms in the purchase order will be inapplicable, unless signed by both parties. Title and risk of loss to additional Equipment will pass at shipment, warranty will commence upon delivery, and payment is due within thirty (30) days after the invoice date. Motorola will send Customer an invoice as the additional Equipment is shipped or Software is licensed.
Alternatively, Customer may register with and place orders through the Motorola Solutions Customer Portal eCommerce Shop, and this Agreement will be the “Underlying Agreement” for those eCommerce transactions rather than the eCommerce Shop Terms and Conditions of Sale. eCommerce Shop registration and other information may be found at https://www.motorolasolutions.com/en_us/registration and the shop support telephone number is (800) 814-0601.
3.5. MOTOROLA SOFTWARE. Any Motorola Software, including subsequent releases, is licensed to Customer solely in accordance with the Software License Agreement. Customer hereby accepts and agrees to abide by all of the terms and restrictions of the Software License Agreement.
3.6. NON-MOTOROLA SOFTWARE. Any Non-Motorola Software is licensed to Customer in accordance with the standard license, terms, and restrictions of the copyright owner on the Effective Date unless the copyright owner has granted to Motorola the right to sublicense the Non-Motorola Software pursuant to the Software License Agreement, in which case it applies and the copyright owner will have all of Licensor’s rights and protections under the Software License Agreement. Motorola makes no representations or warranties of any kind regarding NonMotorola Software. Non-Motorola Software may include Open Source Software.
3.7. SUBSTITUTIONS. At no additional cost to Customer, Motorola may substitute any Equipment, Software, or services to be provided by Motorola, if the substitute meets or exceeds the Specifications and is of equivalent or better quality to the Customer. Any substitution will be reflected in a change order.
3.8. OPTIONAL EQUIPMENT OR SOFTWARE. This paragraph applies only if a “Priced Options” exhibit is shown in Section 1, or if the parties amend this Agreement to add a Priced Options exhibit. During the term of the option as stated in the Priced Options exhibit (or if no term is stated, then for one (1) year after the Effective Date), Customer has the right and option to purchase the equipment, software, and related services that are described in the Priced Options exhibit. Customer may exercise this option by giving written notice to Seller which must designate what equipment, software, and related services Customer is selecting (including quantities, if applicable).
To the extent they apply, the terms and conditions of this Agreement will govern the transaction; however, the parties acknowledge that certain provisions must be agreed upon, and they agree to negotiate those in good faith promptly after Customer delivers the option exercise notice. Examples of provisions that may need to be negotiated are: specific lists of deliverables, statements of work, acceptance test plans, delivery and implementation schedules, payment terms, maintenance and support provisions, additions to or modifications of the Software License Agreement, hosting terms, and modifications to the acceptance and warranty provisions.
Section 4 SERVICES
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4.1. If Customer desires and Motorola agrees to continue Services beyond the Term, Customer’s issuance and Motorola’s acceptance of a purchase order for Services will serve as an automatic extension of the Agreement for purposes of the continuing Services. Only the terms and conditions applicable to the performance of Services will apply to the extended Agreement.
4.2. During the Warranty Period, in addition to warranty services, Motorola will provide maintenance Services for the Equipment and support for the Motorola Software pursuant to the applicable maintenance and support Statements of Work. Support for the Motorola Software will be in accordance with Motorola's established Software Support Policy. Copies of the SwSP can be found at
https://www.motorolasolutions.com/content/dam/msi/secure/services/software_policy.pdf and will be sent by mail, email or fax to Customer upon written request. Maintenance Services and support during the Warranty Period are included in the Contract Price. Unless already included in the Contract Price, if Customer wishes to purchase 1) additional maintenance or software support services during the Warranty Period; or 2) continue or expand maintenance, software support, installation, and/or SUA services after the Warranty Period, Motorola will provide the description of and pricing for such services in a separate proposal document. Unless otherwise agreed by the parties in writing, the terms and conditions in this Agreement applicable to maintenance, support, installation, and/or SUA Services, will be included in the Maintenance and Support Addendum, SUA Addendum, the applicable Statements of Work, and the proposal, (if applicable). These collective terms will govern the provision of such Services.
To obtain any such additional Services, Customer will issue a purchase order referring to this Agreement and the separate proposal document. Omission of reference to this Agreement in Customer’s purchase order will not affect the applicability of this Agreement. Motorola’s proposal may include a cover page entitled “Service Agreement” or “Installation Agreement”, as applicable, and other attachments. These cover pages and other attachments are incorporated into this Agreement by this reference
4.3. PROFESSIONAL AND SUBSCRIPTION SERVICES. If Customer purchases professional or subscription Services as part of the Solution, additional or different terms specific to such Service will be included in the applicable Addendum and will apply to those Services. Customer may purchase additional professional or subscription services by issuing a purchase order referencing this Agreement and Motorola’s proposal for such additional services.
4.4. Any information in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer in providing Services under this Agreement or Motorola data viewed, accessed, will remain Motorola’s property, will be deemed proprietary, Confidential Information. This Confidential Information will be promptly returned at Motorola's request.
4.5. TOOLS. All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of providing Services under this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer’s custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola’s use without charge and may be removed from Customer’s premises by Motorola at any time without restriction. Upon termination of the contract for any reason, Customer shall return to Motorola all equipment delivered to Customer.
4.6. COVENANT NOT TO EMPLOY. During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering Services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law.
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4.7. CUSTOMER OBLIGATIONS. If the applicable Statement of Work or Addendum contains assumptions that affect the Services or Deliverables, Customer will verify that they are accurate and complete. Any information that Customer provides to Motorola concerning the Services or Deliverables will be accurate and complete in all material respects. Customer will make timely decisions and obtain any required management approvals that are reasonably necessary for Motorola to perform the Services and its other duties under this Agreement. Unless the Statement of Work states the contrary, Motorola may rely upon and is not required to evaluate, confirm, reject, modify, or provide advice concerning any assumptions and Customer-provided information, decisions and approvals described in this paragraph.
4.8. ASSUMPTIONS. If any assumptions or conditions contained in this Agreement, applicable Addenda or Statements of Work prove to be incorrect or if Customer’s obligations are not performed, Motorola’s ability to perform under this Agreement may be impacted and changes to the Contract Price, subscription fees, project schedule, Deliverables, or other changes may be necessary.
4.9. NON-PRECLUSION. If, as a result of the Services performed under this Agreement, Motorola recommends that Customer purchase products or other services, nothing in this Agreement precludes Motorola from participating in a future competitive bidding process or otherwise offering or selling the recommended products or other services to Customer. Customer represents that this paragraph does not violate its procurement or other laws, regulations, or policies.
4.10. PROPRIETARY MATERIALS. Customer acknowledges that Motorola may use and/or provide Customer with access to Proprietary Materials and Derivative Proprietary Materials. The Proprietary Materials and the Derivative Proprietary Materials are the sole and exclusive property of Motorola and Motorola retains all right, title and interest in and to the Proprietary Materials and Derivative Proprietary Materials.
4.11. ADDITIONAL SERVICES. Any services performed by Motorola outside the scope of this Agreement at the direction of Customer will be considered to be additional Services which are subject to additional charges. Any agreement to perform additional Services will be reflected in a written and executed change order, Addendum or amendment to this Agreement.
Section 5 PERFORMANCE SCHEDULE
The Parties will perform their respective responsibilities in accordance with the Performance Schedule. By executing this Agreement, Customer authorizes Motorola to proceed with contract performance.
Section 6 CONTRACT PRICE, PAYMENT AND INVOICING
6.1. Customer affirms that a purchase order or notice to proceed is not required for contract performance or for subsequent years of service, if any, and that sufficient funds have been appropriated in accordance with applicable law. The Customer will pay all invoices as received from Motorola and any changes in scope will be subject to the change order process as described in this Agreement. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement.
6.2. CONTRACT PRICE. The Contract Price in U.S. dollars is $________________________. If applicable, a pricing summary is included with the Payment schedule in Exhibit B. Motorola has priced the Services, Software, and Equipment as an integrated System. A change in Software or Equipment quantities, or Services, may affect the overall Contract Price, including discounts if applicable. Fees for professional, SUA, and/or subscription services which are not included in the Contract Price may be listed in Exhibit B, the pricing pages of the proposal, or the applicable Addendum.
6.3. INVOICING AND PAYMENT. Motorola will submit invoices to Customer according to the Payment schedule in Exhibit B. Invoices will be mailed or emailed to Customer pursuant to Section 6.5, Invoicing and Porterville Police Department April 19, 2022
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Shipping Addresses. Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a wire transfer, check, or cashier’s check from a U.S. financial institution. Overdue invoices will bear simple interest at the maximum allowable rate. For reference, the Federal Tax Identification Number for Motorola is 36- 1115800.
6.4. FREIGHT, TITLE, AND RISK OF LOSS. Motorola will pre-pay and add all freight charges to the invoices.
Title and risk of loss to the Equipment will pass to Customer upon shipment. Title to Software will not pass to Customer at any time. Motorola will pack and ship all Equipment in accordance with good commercial practices.
6.5. INVOICING AND SHIPPING ADDRESSES. Invoices will be sent to the Customer at the following address:
Name:______________________________________________________________________________ Address:_____________________________________________________________________________ Phone:______________________________________________________________________________ E-INVOICE. To receive invoices via email:
Customer Account Number:____________________________________________________________ Customer Accounts Payable Email:______________________________________________________ Customer CC(optional) Email: __________________________________________________________ The address which is the ultimate destination where the Equipment will be delivered to Customer is:
Name:______________________________________________________________________________ Address:_____________________________________________________________________________ The Equipment will be shipped to the Customer at the following address (insert if this information is known):
Name:______________________________________________________________________________ Address:_____________________________________________________________________________ Phone:______________________________________________________________________________ Customer may change this information by giving written notice to Motorola.
Section 7 SITES AND SITE CONDITIONS
7.1. ACCESS TO SITES. In addition to its responsibilities described elsewhere in this Agreement, Customer will provide a designated project manager; all necessary construction and building permits, zoning variances, licenses, and any other approvals that are necessary to develop or use the sites and mounting locations; and access to the worksites or vehicles identified in the Technical and Implementation Documents as reasonably requested by Motorola so that it may perform its duties in accordance with the Performance Schedule and Statement of Work. If the Statement of Work so indicates, Motorola may assist Customer in the local building permit process.
7.2. SITE CONDITIONS. Customer will ensure that all work sites it provides will be safe, secure, and in compliance with all applicable industry and OSHA standards. To the extent applicable and unless the Statement of Work states to the contrary, Customer will ensure that these work sites have adequate: physical space; air conditioning and other environmental conditions; adequate and appropriate electrical power outlets, distribution, equipment and connections; and adequate telephone or other communication lines (including modem access and adequate interfacing networking capabilities), all for the installation, use and maintenance of the System. Before installing the Equipment or Software at a work site, Motorola may inspect the work site and advise Customer of any apparent deficiencies or non-conformities with the requirements of this Section. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A. standard RS-222 in effect on the Effective Date.
7.3. SITE ISSUES. If a Party determines that the sites identified in the Technical and Implementation Documents are no longer available or desired, or if subsurface, structural, adverse environmental or latent conditions at any site differ from those indicated in the Technical and Implementation Documents, the Parties will promptly investigate the conditions and will select replacement sites or adjust the installation plans and Porterville Police Department April 19, 2022
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specifications as necessary. If change in sites or adjustment to the installation plans and specifications causes a change in the cost or time to perform, the Parties will equitably amend the Contract Price, Performance Schedule, or both, by a change order.
Section 8 TRAINING
Any training to be provided by Motorola to Customer will be described in the applicable Statement of Work.
Customer will notify Motorola immediately if a date change for a scheduled training program is required. If Motorola incurs additional costs because Customer reschedules a training program less than thirty (30) days before its scheduled start date, Motorola may recover these additional costs.
Section 9 SYSTEM ACCEPTANCE
9.1. COMMENCEMENT OF ACCEPTANCE TESTING. Motorola will provide to Customer at least ten (10) days notice before the Acceptance Tests commence. System testing will occur only in accordance with the Acceptance Test Plan.
9.2. SYSTEM ACCEPTANCE. System Acceptance will occur upon successful completion of the Acceptance Tests. Upon System Acceptance, the Parties will memorialize this event by promptly executing a System Acceptance Certificate. If the Acceptance Test Plan includes separate tests for individual Subsystems or phases of the System, acceptance of the individual Subsystem or phase will occur upon the successful completion of the Acceptance Tests for the Subsystem or phase, and the Parties will promptly execute an acceptance certificate for the Subsystem or phase. If Customer believes the System has failed the completed Acceptance Tests, Customer will provide to Motorola a written notice that includes the specific details of the failure. If Customer does not provide to Motorola a failure notice within thirty (30) days after completion of the Acceptance Tests, System Acceptance will be deemed to have occurred as of the completion of the Acceptance Tests. Minor omissions or variances in the System that do not materially impair the operation of the System as a whole will not postpone System Acceptance or Subsystem acceptance, but will be corrected according to a mutually agreed schedule.
9.3. BENEFICIAL USE. Customer acknowledges that Motorola’s ability to perform its implementation and testing responsibilities may be impeded if Customer begins using the System before System Acceptance.
Therefore, Customer will not commence Beneficial Use before System Acceptance without Motorola’s prior written authorization, which will not be unreasonably withheld. Motorola is not responsible for System performance deficiencies that occur during unauthorized Beneficial Use. Upon commencement of Beneficial Use, Customer assumes responsibility for the use and operation of the System.
9.4. FINAL PROJECT ACCEPTANCE. Final Project Acceptance will occur after System Acceptance when all deliverables and other work have been completed. When Final Project Acceptance occurs, the parties will promptly memorialize this final event by so indicating on the System Acceptance Certificate.
Section 10 REPRESENTATIONS AND WARRANTIES
10.1. SYSTEM FUNCTIONALITY. Motorola represents that the System will perform in accordance with the Specifications in all material respects. Upon System Acceptance or Beneficial Use, whichever occurs first, this System functionality representation is fulfilled. Motorola is not responsible for System performance deficiencies that are caused by ancillary equipment not furnished by Motorola which is attached to or used in connection with the System or for reasons or parties beyond Motorola’s control, such as natural causes; the construction of a building that adversely affects the microwave path reliability or radio frequency (RF) coverage; the addition of frequencies at System sites that cause RF interference or intermodulation; or Customer changes to load usage or configuration outside the Specifications.
10.2. EQUIPMENT WARRANTY. During the Warranty Period, Motorola warrants that the Equipment under normal use and service will be free from material defects in materials and workmanship. If System Acceptance is delayed beyond six (6) months after shipment of the Equipment by events or causes beyond Motorola’s control, Porterville Police Department April 19, 2022
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this warranty expires eighteen (18) months after the shipment of the Equipment.
10.3. SOFTWARE WARRANTY. Except as described in the SwSP and unless otherwise stated in the Software License Agreement, during the Warranty Period, Motorola warrants the Software in accordance with the warranty terms set forth in the Software License Agreement and the provisions of this Section that are applicable to the Software. If System Acceptance is delayed beyond six (6) months after shipment of the Motorola Software by events or causes beyond Motorola’s control, this warranty expires eighteen (18) months after the shipment of the Motorola Software. Nothing in this Warranty provision is intended to conflict or modify the Software Support Policy. In the event of an ambiguity or conflict between the Software Warranty and Software Support Policy, the Software Support Policy governs.
10.4. EXCLUSIONS TO EQUIPMENT AND SOFTWARE WARRANTIES. These warranties do not apply to: (i) defects or damage resulting from: use of the Equipment or Software in other than its normal, customary, and authorized manner; accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, repair, installation, alteration, modification, or adjustment not provided or authorized in writing by Motorola; Customer’s failure to comply with all applicable industry and OSHA standards; (ii) breakage of or damage to antennas unless caused directly by defects in material or workmanship; (iii) Equipment that has had the serial number removed or made illegible; (iv) batteries (because they carry their own separate limited warranty) or consumables; (v) freight costs to ship Equipment to the repair depot; (vi) scratches or other cosmetic damage to Equipment surfaces that does not affect the operation of the Equipment; and (vii) normal or customary wear and tear.
10.5. SERVICE WARRANTY. During the Warranty Period, Motorola warrants that the Services will be provided in a good and workmanlike manner and will conform in all material respects to the applicable Statement of Work.
Services will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. Customer acknowledges that the Deliverables may contain recommendations, suggestions or advice from Motorola to Customer (collectively, “recommendations”). Motorola makes no warranties concerning those recommendations, and Customer alone accepts responsibility for choosing whether and how to implement the recommendations and the results to be realized from implementing them.
10.6. WARRANTY CLAIMS. To assert a warranty claim, Customer must notify Motorola in writing of the claim before the expiration of the Warranty Period. Upon receipt of this notice, Motorola will investigate the warranty claim. If this investigation confirms a valid Equipment or Software warranty claim, Motorola will (at its option and at no additional charge to Customer) repair the defective Equipment or Motorola Software, replace it with the same or equivalent product, or refund the price of the defective Equipment or Motorola Software. These actions will be the full extent of Motorola’s liability for the warranty claim. In the event of a valid Services warranty claim, Customer’s sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. If this investigation indicates the warranty claim is not valid, then Motorola may invoice Customer for responding to the claim on a time and materials basis using Motorola’s then current labor rates. Repaired or replaced product is warranted for the balance of the original applicable warranty period. All replaced products or parts will become the property of Motorola.
10.7. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the original user purchasing the System or Services for commercial, industrial, or governmental use only, and are not assignable or transferable.
10.8. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE WARRANTIES
FOR THE EQUIPMENT AND MOTOROLA SOFTWARE PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Section 11 DELAYS
11.1. FORCE MAJEURE. Neither Party will be liable for its non-performance or delayed performance if caused Porterville Police Department April 19, 2022
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by a Force Majeure. A Party that becomes aware of a Force Majeure that will significantly delay performance will notify the other Party promptly (but in no event later than fifteen days) after it discovers the Force Majeure. If a Force Majeure occurs, the Parties will execute a change order to extend the Performance Schedule or applicable Addenda for a time period that is reasonable under the circumstances.
11.2. PERFORMANCE SCHEDULE DELAYS CAUSED BY CUSTOMER. If Customer (including its other contractors) delays the Performance Schedule, it will make the promised payments according to the Payment schedule as if no delay occurred; and the Parties will execute a change order to extend the Performance Schedule and, if requested, compensate Motorola for all reasonable charges incurred because of the delay. Delay charges may include costs incurred by Motorola or its subcontractors for additional freight, warehousing and handling of Equipment; extension of the warranties; travel; suspending and re-mobilizing the work; additional engineering, project management, and standby time calculated at then current rates; and preparing and implementing an alternative implementation plan.
Section 12 DISPUTES
The Parties will use the following procedure to address any dispute arising under this Agreement (a “Dispute”).
12.1. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the laws of the State in which the System is installed.
12.2. NEGOTIATION. Either Party may initiate the Dispute resolution procedures by sending a notice of Dispute (“Notice of Dispute”). The Parties will attempt to resolve the Dispute promptly through good faith negotiations including 1) timely escalation of the Dispute to executives who have authority to settle the Dispute and who are at a higher level of management than the persons with direct responsibility for the matter and 2) direct communication between the executives. If the Dispute has not been resolved within ten (10) days from the Notice of Dispute, the Parties will proceed to mediation.
12.3. MEDIATION. The Parties will choose an independent mediator within thirty (30) days of a notice to mediate from either Party (“Notice of Mediation”). Neither Party may unreasonably withhold consent to the selection of a mediator. If the Parties are unable to agree upon a mediator, either Party may request that American Arbitration Association nominate a mediator. Each Party will bear its own costs of mediation, but the Parties will share the cost of the mediator equally. Each Party will participate in the mediation in good faith and will be represented at the mediation by a business executive with authority to settle the Dispute.
12.4. LITIGATION, VENUE and JURISDICTION. If a Dispute remains unresolved for sixty (60) days after receipt of the Notice of Mediation, either Party may then submit the Dispute to a court of competent jurisdiction in the state in which the System is installed. Each Party irrevocably agrees to submit to the exclusive jurisdiction of the courts in such state over any claim or matter arising under or in connection with this Agreement.
12.5. CONFIDENTIALITY. All communications pursuant to subsections 12.2 and 12.3 will be treated as compromise and settlement negotiations for purposes of applicable rules of evidence and any additional confidentiality protections provided by applicable law. The use of these Dispute resolution procedures will not be construed under the doctrines of laches, waiver or estoppel to affect adversely the rights of either Party.
Section 13 DEFAULT AND TERMINATION
13.1. DEFAULT BY A PARTY. If either Party fails to perform a material obligation under this Agreement, the other Party may consider the non-performing Party to be in default (unless a Force Majeure causes the failure) and may assert a default claim by giving the non-performing Party a written and detailed notice of default. Except for a default by Customer for failing to pay any amount when due under this Agreement which must be cured immediately, the defaulting Party will have thirty (30) days after receipt of the notice of default to either cure the default or, if the default is not curable within thirty (30) days, provide a written cure plan. The defaulting Party will begin implementing the cure plan immediately after receipt of notice by the other Party that it approves the plan. If Customer is the Porterville Police Department April 19, 2022
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defaulting Party, Motorola may stop work on the project until it approves the Customer’s cure plan.
13.2. FAILURE TO CURE. If a defaulting Party fails to cure the default as provided above in Section 13.1, unless otherwise agreed in writing, the non-defaulting Party may terminate any unfulfilled portion of this Agreement. In the event of termination for default, the defaulting Party will promptly return to the non-defaulting Party any of its Confidential Information. If Customer is the non-defaulting Party, terminates this Agreement as permitted by this Section, and completes the System through a third Party, Customer may as its exclusive remedy recover from Motorola reasonable costs incurred to complete the System to a capability not exceeding that specified in this Agreement less the unpaid portion of the Contract Price. Customer will mitigate damages and provide Motorola with detailed invoices substantiating the charges. In the event Customer elects to terminate this Agreement for any reason other than default, Customer shall pay Motorola for the conforming Equipment and/or Software delivered and all services performed.
Section 14 INDEMNIFICATION
14.1. GENERAL INDEMNITY BY Motorola. Motorola will indemnify and hold Customer harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Customer to the extent it is caused by the negligence of Motorola, its subcontractors, or their employees or agents, while performing their duties under this Agreement, if Customer gives Motorola prompt, written notice of any claim or suit. Customer will cooperate with Motorola in its defense or settlement of the claim or suit. This Section sets forth the full extent of Motorola’s general indemnification of Customer from liabilities that are in any way related to Motorola’s performance under this Agreement.
14.2. GENERAL INDEMNITY BY CUSTOMER. Customer will indemnify and hold Motorola harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Motorola to the extent it is caused by the negligence of Customer, its other contractors, or their employees or agents, while performing their duties under this Agreement, if Motorola gives Customer prompt, written notice of any the claim or suit. Motorola will cooperate with Customer in its defense or settlement of the claim or suit. This Section sets forth the full extent of Customer’s general indemnification of Motorola from liabilities that are in any way related to Customer’s performance under this Agreement.
14.3. PATENT AND COPYRIGHT INFRINGEMENT.
14.3.1. Motorola will defend at its expense any suit brought against Customer to the extent it is based on a thirdparty claim alleging that the Equipment manufactured by Motorola or the Motorola Software (“Motorola Product”) directly infringes a United States patent or copyright (“Infringement Claim”). Motorola’s duties to defend and indemnify are conditioned upon: Customer promptly notifying Motorola in writing of the Infringement Claim; Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and Customer providing to Motorola cooperation and, if requested by Motorola, reasonable assistance in the defense of the Infringement Claim. In addition to Motorola’s obligation to defend, and subject to the same conditions, Motorola will pay all damages finally awarded against Customer by a court of competent jurisdiction for an Infringement Claim or agreed to, in writing, by Motorola in settlement of an Infringement Claim.
14.3.2 If an Infringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola may at its option and expense: (a) procure for Customer the right to continue using the Motorola Product; (b) replace or modify the Motorola Product so that it becomes non-infringing while providing functionally equivalent performance; or (c) accept the return of the Motorola Product and grant Customer a credit for the Motorola Product, less a reasonable charge for depreciation. The depreciation amount will be calculated based upon generally accepted accounting standards.
14.3.3 Motorola will have no duty to defend or indemnify for any Infringement Claim that is based upon: (a) the combination of the Motorola Product with any software, apparatus or device not furnished by Motorola; (b) the use of ancillary equipment or software not furnished by Motorola and that is attached to or used in connection with the Motorola Product; (c) Motorola Product designed or manufactured in accordance with Customer’s designs, specifications, guidelines or instructions, if the alleged infringement would not have occurred without such designs, Porterville Police Department April 19, 2022
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specifications, guidelines or instructions; (d) a modification of the Motorola Product by a party other than Motorola; (e) use of the Motorola Product in a manner for which the Motorola Product was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by Customer to install an enhancement release to the Motorola Software that is intended to correct the claimed infringement. In no event will Motorola’s liability resulting from its indemnity obligation to Customer extend in any way to royalties payable on a per use basis or the Customer’s revenues, or any royalty basis other than a reasonable royalty based upon revenue derived by Motorola from Customer from sales or license of the infringing Motorola Product.
14.3.4. This Section 14 provides Customer’s sole and exclusive remedies and Motorola’s entire liability in the event of an Infringement Claim. Customer has no right to recover and Motorola has no obligation to provide any other or further remedies, whether under another provision of this Agreement or any other legal theory or principle, in connection with an Infringement Claim. In addition, the rights and remedies provided in this Section 14 are subject to and limited by the restrictions set forth in Section 15.
Section 15 LIMITATION OF LIABILITY
Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, indemnification, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of the Equipment, Software, or implementation and other one-time Services with respect to which losses or damages are claimed. With respect to all subscription or other ongoing Services and unless as otherwise provided under the applicable Addenda, Motorola’s total liability will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Services preceding the incident giving rise to the claim. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR
DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS, INCONVENIENCE, LOSS OF USE, LOSS TIME, DATA, GOODWILL, REVENUES, PROFITS OR SAVINGS; OR
OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR
ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. This limitation of liability provision survives the expiration or termination of the Agreement and applies notwithstanding any contrary provision. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account.
Section 16 CONFIDENTIALITY AND PROPRIETARY RIGHTS
16.1. CONFIDENTIAL INFORMATION.
16.1.1. Each party is a disclosing party (“Discloser”) and a receiving party (“Recipient”) under this Agreement. All Deliverables will be deemed to be Motorola’s Confidential Information. During the term of this Agreement and for a period of three (3) years from the expiration or termination of this Agreement, Recipient will (i) not disclose Confidential Information to any third party; (ii) restrict disclosure of Confidential Information to only those employees (including, but not limited to, employees of any wholly owned subsidiary, a parent company, any other wholly owned subsidiaries of the same parent company), agents or consultants who must be directly involved with the Confidential Information for the purpose and who are bound by confidentiality terms substantially similar to those in this Agreement; (iii) not copy, reproduce, reverse engineer, decompile, or disassemble any Confidential Information; (iv) use the same degree of care as for its own information of like importance, but at least use reasonable care, in safeguarding against disclosure of Confidential Information; (v) promptly notify Discloser upon discovery of any unauthorized use or disclosure of the Confidential Information and take reasonable steps to regain possession of the Confidential Information and prevent further unauthorized actions or other breach of this Agreement; and (vi) only use the Confidential Information as needed to fulfill this Agreement.
16.1.2. Recipient is not obligated to maintain as confidential, Confidential Information that Recipient can demonstrate by documentation (i) is now available or becomes available to the public without breach of this Porterville Police Department April 19, 2022
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agreement; (ii) is explicitly approved for release by written authorization of Discloser; (iii) is lawfully obtained from a third party or parties without a duty of confidentiality; (iv) is known to the Recipient prior to such disclosure; or (v) is independently developed by Recipient without the use of any of Discloser’s Confidential Information or any breach of this Agreement.
16.1.3. All Confidential Information remains the property of the Discloser and will not be copied or reproduced without the express written permission of the Discloser, except for copies that are absolutely necessary in order to fulfill this Agreement. Within ten (10) days of receipt of Discloser’s written request, Recipient will return all Confidential Information to Discloser along with all copies and portions thereof, or certify in writing that all such Confidential Information has been destroyed. However, Recipient may retain one (1) archival copy of the Confidential Information that it may use only in case of a dispute concerning this Agreement. No license, express or implied, in the Confidential Information is granted other than to use the Confidential Information in the manner and to the extent authorized by this Agreement. The Discloser warrants that it is authorized to disclose any Confidential Information it discloses pursuant to this Agreement.
16.2. PRESERVATION OF MOTOROLA’S PROPRIETARY RIGHTS. Motorola, the third party manufacturer of any Equipment, and the copyright owner of any Non-Motorola Software own and retain all of their respective Proprietary Rights in the Equipment and Software, and nothing in this Agreement is intended to restrict their Proprietary Rights. All intellectual property developed, originated, or prepared by Motorola in connection with providing to Customer the Equipment, Software, or related services remain vested exclusively in Motorola, and this Agreement does not grant to Customer any shared development rights of intellectual property. Except as explicitly provided in the Software License Agreement, Motorola does not grant to Customer, either directly or by implication, estoppel, or otherwise, any right, title or interest in Motorola’s Proprietary Rights. Customer will not modify, disassemble, peel components, decompile, otherwise reverse engineer or attempt to reverse engineer, derive source code or create derivative works from, adapt, translate, merge with other software, reproduce, distribute, sublicense, sell or export the Software, or permit or encourage any third party to do so. The preceding sentence does not apply to Open Source Software which is governed by the standard license of the copyright owner.
16.3 VOLUNTARY DISCLOSURE. Except as required to fulfill its obligations under this Agreement, Motorola will have no obligation to provide Customer with access to its Confidential Information and/or proprietary information.
Under no circumstances will Motorola be required to provide any data related to cost and pricing.
16.4 DATA AND FEEDBACK.
16.4.1 To the extent permitted by law, Customer owns all right, title and interest in System Data created solely by it or its agents (hereafter, “Customer Data”), and grants to Motorola the right to use, host, cache, store, reproduce, copy, modify, combine, analyze, create derivatives from, communicate, transmit, publish, display, and distribute such Customer Data.
16.4.2 Motorola owns all right, title and interest in data resulting from System Data that is or has been transformed, altered, processed, aggregated, correlated or operated on (hereafter, “Derivative Data”).
16.4.3 Any Feedback given by Customer is and will be entirely voluntary and, even if designated as confidential, will not create any confidentiality obligation for Motorola. Motorola will be free to use, reproduce, license or otherwise distribute and exploit the Feedback without any obligation to Customer. Customer acknowledges that Motorola’s receipt of the Feedback does not imply or create recognition by Motorola of either the novelty or originality of any idea. The parties further agree that all fixes, modifications and improvements made to Motorola products or services conceived of or made by Motorola that are based, either in whole or in part, on the Feedback are the exclusive property of Motorola and all right, title and interest in and to such fixes, modifications or improvements to the Motorola product or service will vest solely in Motorola.
Section 17 GENERAL
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17.1. TAXES. The Contract Price does not include any excise, sales, lease, use, property, or other taxes, assessments or duties, all of which will be paid by Customer except as exempt by law. If Motorola is required to pay any of these taxes, Motorola will send an invoice to Customer and Customer will pay to Motorola the amount of the taxes (including any interest and penalties) within thirty (30) days after the date of the invoice. Customer will be solely responsible for reporting the Equipment for personal property tax purposes, and Motorola will be solely responsible for reporting taxes on its income or net worth.
17.2. ASSIGNABILITY AND SUBCONTRACTING. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a “Separated Business”), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a “Separation Event”), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event.
Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement.
17.3. WAIVER. Failure or delay by either Party to exercise a right or power under this Agreement will not be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power.
17.4. SEVERABILITY. If a court of competent jurisdiction renders any part of this Agreement invalid or unenforceable, that part will be severed and the remainder of this Agreement will continue in full force and effect.
17.5. INDEPENDENT CONTRACTORS. Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership or formal business organization of any kind.
17.6. HEADINGS AND SECTION REFERENCES. The section headings in this Agreement are inserted only for convenience and are not to be construed as part of this Agreement or as a limitation of the scope of the particular section to which the heading refers. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party.
17.7. NOTICES. Notices required under this Agreement to be given by one Party to the other must be in writing and either personally delivered or sent to the address provided by the other Party by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as Federal Express, UPS, or DHL), or by facsimile with correct answerback received, and will be effective upon receipt.
17.8. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal, state, and local laws, regulations and rules concerning the performance of this Agreement or use of the System. Customer will obtain and comply with all Federal Communications Commission (“FCC”) licenses and authorizations required for the installation, operation and use of the System before the scheduled installation of the Equipment. Although Motorola might assist Customer in the preparation of its FCC license applications, neither Motorola nor any of its Porterville Police Department April 19, 2022
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employees is an agent or representative of Customer in FCC or other matters.
17.9 FUTURE REGULATORY REQUIREMENTS. The Parties acknowledge and agree that this is an evolving technological area and therefore, laws and regulations regarding Services and use of Solution may change.
Changes to existing Services or the Solution required to achieve regulatory compliance may be available for an additional fee. Any required changes may also impact the price for Services.
17.10. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that it has obtained all necessary approvals, consents and authorizations to enter into this Agreement and to perform its duties under this Agreement; the person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this Agreement by the Parties, it is a valid and binding contract, enforceable in accordance with its terms; and the execution, delivery, and performance of this Agreement does not violate any bylaw, charter, regulation, law or any other governing authority of the Party.
17.11. ADMINISTRATOR LEVEL ACCOUNT ACCESS. If applicable to the type of System purchased by Customer, Motorola will provide Customer with Administrative User Credentials. Customer agrees to only grant access to the Administrative User Credentials to those personnel with the training and experience to correctly use them. Customer is responsible for protecting Administrative User Credentials from disclosure and maintaining Credential validity by, among other things, updating passwords when required. Customer may be asked to provide valid Administrative User Credentials when in contact with Motorola System support personnel. Customer understands that changes made as the Administrative User can significantly impact the performance of the System.
Customer agrees that it will be solely responsible for any negative impact on the System or its users by any such changes. System issues occurring as a result of changes made using the Administrative User Credentials may impact Motorola’s ability to perform Services or other obligations under the Agreement. In such cases, a revision to the appropriate provisions of the Agreement, including the Statement of Work, may be necessary. To the extent Motorola provides assistance to correct any issues caused by or arising out of the use of or failure to maintain Administrative User Credentials, Motorola will be entitled to bill Customer and Customer will pay Motorola on a time and materials basis for resolving the issue.
17.12. SURVIVAL OF TERMS. The following provisions will survive the expiration or termination of this Agreement for any reason: Section 3.5 (Motorola Software); Section 3.6 (Non-Motorola Software); if any payment obligations exist, Sections 6.2 and 6.3 (Contract Price and Invoicing and Payment); Subsection 10.8 (Disclaimer of Implied Warranties); Section 12 (Disputes); Section 15 (Limitation of Liability); and Section 16 (Confidentiality and Proprietary Rights); and all of the General provisions in Section 17.
17.13. ENTIRE AGREEMENT. This Agreement, including all Exhibits, constitutes the entire agreement of the Parties regarding the subject matter of the Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be executed in multiple counterparts, and shall have the same legal force and effect as if the Parties had executed it as a single document.
The Parties may sign in writing, or by electronic signature, including by email. An electronic signature, or a facsimile copy or computer image, such as a PDF or tiff image, of a signature, shall be treated as and shall have the same effect as an original signature. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any Customer purchase or purchase order, acknowledgment or other form will not be considered an amendment or modification of this Agreement, even if a representative of each Party signs that document.
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The Parties hereby enter into this Agreement as of the Effective Date.
Customer
By: ______________________________
Name: ____________________________
Title: _____________________________
Motorola Solutions, Inc.
By: ______________________________
Name: _Gordon Poole______________
Title: _Area Sales Manager________
Date: __8/4/2022__________________ Date: _____________________________ Porterville Police Department April 19, 2022
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Exhibit A
Motorola Software License Agreement
This Exhibit A Motorola Software License Agreement ("Agreement") is between Motorola Solutions, Inc., (“Motorola"), and ______________________________________ (“Licensee”).
For good and valuable consideration, the parties agree as follows:
Section 1 DEFINITIONS
1.1 “Designated Products” means products provided by Motorola to Licensee with which or for which the Software and Documentation is licensed for use.
1.2 “Documentation” means product and software documentation that specifies technical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which such information is provided).
1.3 “Open Source Software” means software with either freely obtainable source code, license for modification, or permission for free distribution.
1.4 “Open Source Software License” means the terms or conditions under which the Open Source Software is licensed.
1.5 “Primary Agreement” means the agreement to which this exhibit is attached.
1.6 “Security Vulnerability” means a flaw or weakness in system security procedures, design, implementation, or internal controls that could be exercised (accidentally triggered or intentionally exploited) and result in a security breach such that data is compromised, manipulated or stolen or the system damaged.
1.7 “Software” (i) means proprietary software in object code format, and adaptations, translations, decompilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain one or more items of software owned by a third party supplier. The term "Software" does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement.
Section 2 SCOPE
Motorola and Licensee enter into this Agreement in connection with Motorola's delivery of certain proprietary software or products containing embedded or pre-loaded proprietary software, or both. This Agreement contains the terms and conditions of the license Motorola is providing to Licensee, and Licensee’s use of the proprietary software and affiliated documentation.
Section 3 GRANT OF LICENSE
3.1. Subject to the provisions of this Agreement and the payment of applicable license fees, Motorola grants to Licensee a personal, limited, non-transferable (except as permitted in Section 7) and non-exclusive license under Motorola’s copyrights and Confidential Information (as defined in the Primary Agreement) embodied in the Software to use the Software, in object code form, and the Documentation solely in connection with Licensee's use of the Designated Products. This Agreement does not grant any rights to source code.
3.2. If the Software licensed under this Agreement contains or is derived from Open Source Software, the terms Porterville Police Department April 19, 2022
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and conditions governing the use of such Open Source Software are in the Open Source Software Licenses of the copyright owner and not this Agreement. If there is a conflict between the terms and conditions of this Agreement and the terms and conditions of the Open Source Software Licenses governing Licensee’s use of the Open Source Software, the terms and conditions of the license grant of the applicable Open Source Software Licenses will take precedence over the license grants in this Agreement. If requested by Licensee, Motorola will use commercially reasonable efforts to: (i) determine whether any Open Source Software is provided under this Agreement; and (ii) identify the Open Source Software (or specify where that license may be found).
3.3 TO THE EXTENT, IF ANY, THAT THERE IS A SEPARATE LICENSE AGREEMENT PACKAGED WITH,
OR PROVIDED ELECTRONICALLY WITH, A PARTICULAR PRODUCT THAT BECOMES EFFECTIVE ON AN
ACT OF ACCEPTANCE BY THE END USER, THEN THAT AGREEMENT SUPERSEDES THE SOFTWARE LICENSE AGREEMENT AS TO THE END USER OF EACH SUCH PRODUCT.
Section 4 LIMITATIONS ON USE
4.1. Licensee may use the Software only for Licensee's internal business purposes and only in accordance with the Documentation. Any other use of the Software is strictly prohibited. Without limiting the general nature of these restrictions, Licensee will not make the Software available for use by third parties on a "time sharing," "application service provider," or "service bureau" basis or for any other similar commercial rental or sharing arrangement.
4.2. Licensee will not, and will not allow or enable any third party to: (i) reverse engineer, disassemble, peel components, decompile, reprogram or otherwise reduce the Software or any portion to a human perceptible form or otherwise attempt to recreate the source code; (ii) modify, adapt, create derivative works of, or merge the Software; (iii) copy, reproduce, distribute, lend, or lease the Software or Documentation to any third party, grant any sublicense or other rights in the Software or Documentation to any third party, or take any action that would cause the Software or Documentation to be placed in the public domain; (iv) remove, or in any way alter or obscure, any copyright notice or other notice of Motorola's proprietary rights; (v) provide, copy, transmit, disclose, divulge or make the Software or Documentation available to, or permit the use of the Software by any third party or on any machine except as expressly authorized by this Agreement; or (vi) use, or permit the use of, the Software in a manner that would result in the production of a copy of the Software solely by activating a machine containing the Software.
Licensee may make one copy of Software to be used solely for archival, back-up, or disaster recovery purposes; provided that Licensee may not operate that copy of the Software at the same time as the original Software is being operated. Licensee may make as many copies of the Documentation as it may reasonably require for the internal use of the Software.
4.3. Unless otherwise authorized by Motorola in writing, Licensee will not, and will not enable or allow any third party to: (i) install a licensed copy of the Software on more than one unit of a Designated Product; or (ii) copy onto or transfer Software installed in one unit of a Designated Product onto one other device. Licensee may temporarily transfer Software installed on a Designated Product to another device if the Designated Product is inoperable or malfunctioning, if Licensee provides written notice to Motorola of the temporary transfer and identifies the device on which the Software is transferred. Temporary transfer of the Software to another device must be discontinued when the original Designated Product is returned to operation and the Software must be removed from the other device. Licensee must provide prompt written notice to Motorola at the time temporary transfer is discontinued.
4.4 Licensee will maintain, during the term of this Agreement and for a period of two years thereafter, accurate records relating to this license grant to verify compliance with this Agreement. Motorola or an independent third party (“Auditor”) may inspect Licensee’s premises, books and records, upon reasonable prior notice to Licensee, during Licensee’s normal business hours and subject to Licensee's facility and security regulations. Motorola is responsible for the payment of all expenses and costs of the Auditor. Any information obtained by Motorola and the Auditor will be kept in strict confidence by Motorola and the Auditor and used solely for the purpose of verifying Licensee's compliance with the terms of this Agreement.
Section 5 OWNERSHIP AND TITLE
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Motorola, its licensors, and its suppliers retain all of their proprietary rights in any form in and to the Software and Documentation, including, but not limited to, all rights in patents, patent applications, inventions, copyrights, trademarks, trade secrets, trade names, and other proprietary rights in or relating to the Software and Documentation (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de-compilations, disassemblies, emulations to or derivative works from the Software or Documentation, whether made by Motorola or another party, or any improvements that result from Motorola’s processes or, provision of information services). No rights are granted to Licensee under this Agreement by implication, estoppel or otherwise, except for those rights which are expressly granted to Licensee in this Agreement. All intellectual property developed, originated, or prepared by Motorola in connection with providing the Software, Designated Products, Documentation or related services, remains vested exclusively in Motorola, and Licensee will not have any shared development or other intellectual property rights.
Section 6 LIMITED WARRANTY; DISCLAIMER OF WARRANTY
6.1. Unless otherwise stated in the Primary Agreement, the commencement date and the term of the Software warranty will be a period of ninety (90) days from Motorola's shipment of the Software (the "Warranty Period"). If Licensee is not in breach of any of its obligations under this Agreement, Motorola warrants that the unmodified Software, when used properly and in accordance with the Documentation and this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Whether a defect occurs will be determined by Motorola solely with reference to the Documentation. Motorola does not warrant that Licensee’s use of the Software or the Designated Products will be uninterrupted, error-free, completely free of Security Vulnerabilities, or that the Software or the Designated Products will meet Licensee’s particular requirements. Motorola makes no representations or warranties with respect to any third party software included in the Software. Notwithstanding, any warranty provided by a copyright owner in its standard license terms will flow through to Licensee for third party software provided by Motorola.
6.2 Motorola’s sole obligation to Licensee and Licensee’s exclusive remedy under this warranty is to use reasonable efforts to remedy any material Software defect covered by this warranty. These efforts will involve either replacing the media or attempting to correct significant, demonstrable program or documentation errors or Security Vulnerabilities. If Motorola cannot correct the defect within a reasonable time, then at Motorola’s option, Motorola will replace the defective Software with functionally-equivalent Software, license to Licensee substitute Software which will accomplish the same objective, or terminate the license and refund the Licensee’s paid license fee.
6.3. Warranty claims are described in the Primary Agreement.
6.4. The express warranties set forth in this Section 6 are in lieu of, and Motorola disclaims, any and all other warranties (express or implied, oral or written) with respect to the Software or Documentation, including, without limitation, any and all implied warranties of condition, title, non-infringement, merchantability, or fitness for a particular purpose or use by Licensee (whether or not Motorola knows, has reason to know, has been advised, or is otherwise aware of any such purpose or use), whether arising by law, by reason of custom or usage of trade, or by course of dealing. In addition, Motorola disclaims any warranty to any person other than Licensee with respect to the Software or Documentation.
Section 7 TRANSFERS
Licensee will not transfer the Software or Documentation to any third party without Motorola's prior written consent.
Motorola’s consent may be withheld at its discretion and may be conditioned upon transferee paying all applicable license fees and agreeing to be bound by this Agreement. If the Designated Products are Motorola's radio products and Licensee transfers ownership of the Motorola radio products to a third party, Licensee may assign its right to use the Software (other than CPS and Motorola's FLASHport® software) which is embedded in or furnished for use with the radio products and the related Documentation; provided that Licensee transfers all copies of the Software and Documentation to the transferee, and Licensee and the transferee sign a transfer form to be provided by Porterville Police Department April 19, 2022
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Motorola upon request, obligating the transferee to be bound by this Agreement.
Section 8 TERM AND TERMINATION
8.1 Licensee’s right to use the Software and Documentation will begin when the Primary Agreement is signed by both parties and will continue for the life of the Designated Products with which or for which the Software and Documentation have been provided by Motorola, unless Licensee breaches this Agreement, in which case this Agreement and Licensee's right to use the Software and Documentation may be terminated immediately upon notice by Motorola.
8.2 Within thirty (30) days after termination of this Agreement, Licensee must certify in writing to Motorola that all copies of the Software have been removed or deleted from the Designated Products and that all copies of the Software and Documentation have been returned to Motorola or destroyed by Licensee and are no longer in use by Licensee.
8.3 Licensee acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Software and Documentation and that Licensee's breach of this Agreement will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Licensee breaches this Agreement, Motorola may terminate this Agreement and be entitled to all available remedies at law or in equity (including immediate injunctive relief and repossession of all non-embedded Software and associated Documentation unless Licensee is a Federal agency of the United States Government).
Section 9 Commercial Computer Software
9.1 This Section 9 only applies to U.S. Government end users. The Software, Documentation and updates are commercial items as that term is defined at 48 C.F.R. Part 2.101, consisting of “commercial computer software” and “computer software documentation” as such terms are defined in 48 C.F.R. Part 252.227-7014(a)(1) and 48 C.F.R.
Part 252.227-7014(a)(5), and used in 48 C.F.R. Part 12.212 and 48 C.F.R. Part 227.7202, as applicable. Consistent with 48 C.F.R. Part 12.212, 48 C.F.R. Part 252.227-7015, 48 C.F.R. Part 227.7202-1 through 227.7202-4, 48 C.F.R.
Part 52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, the Software, Documentation and Updates are distributed and licensed to U.S. Government end users: (i) only as commercial items, and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions contained herein.
9.2 If Licensee is licensing Software for end use by the United States Government or a United States Government agency, Licensee may transfer such Software license, but only if: (i) Licensee transfers all copies of such Software and Documentation to such United States Government entity or interim transferee, and (ii) Licensee has first obtained from the transferee (if applicable) and ultimate end user an enforceable end user license agreement containing restrictions substantially identical to the ones contained in this Agreement. Except as stated in the foregoing, Licensee and any transferee(s) authorized by this subsection 9.2 may not otherwise use or transfer or make available any Motorola software to any third party nor permit any party to do so.
Section 10 CONFIDENTIALITY
Licensee acknowledges that the Software and Documentation contain Motorola’s valuable proprietary and Confidential Information and are Motorola’s trade secrets, and that the provisions in the Primary Agreement concerning Confidential Information apply.
Section 11 LIMITATION OF LIABILITY
The Limitation of Liability provision is described in the Primary Agreement.
Section 12 NOTICES
Notices are described in the Primary Agreement.
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Section 13 GENERAL
13.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as an admission or presumption of publication of the Software or public disclosure of any trade secrets associated with the Software.
13.2. COMPLIANCE WITH LAWS. Licensee acknowledges that the Software is subject to the laws and regulations of the United States and Licensee will comply with all applicable laws and regulations, including export laws and regulations of the United States. Licensee will not, without the prior authorization of Motorola and the appropriate governmental authority of the United States, in any form export or re-export, sell or resell, ship or reship, or divert, through direct or indirect means, any item or technical data or direct or indirect products sold or otherwise furnished to any person within any territory for which the United States Government or any of its agencies at the time of the action, requires an export license or other governmental approval. Violation of this provision is a material breach of this Agreement.
13.3 FUTURE REGULATORY REQUIREMENTS. The Parties acknowledge and agree that this is an evolving technological area and therefore, laws and regulations regarding Services and use of Solution may change.
Changes to existing Services or the Solution required to achieve regulatory compliance may be available for an additional fee. Any required changes may also impact the price for Services.
13.4. ASSIGNMENTS AND SUBCONTRACTING. Motorola may assign its rights or subcontract its obligations under this Agreement, or encumber or sell its rights in any Software, without prior notice to or consent of Licensee.
13.5. GOVERNING LAW. This Agreement is governed by the laws of the United States to the extent that they apply and otherwise by the internal substantive laws of the State to which the Software is shipped if Licensee is a sovereign government entity, or the internal substantive laws of the State of Illinois if Licensee is not a sovereign government entity. The terms of the U.N. Convention on Contracts for the International Sale of Goods do not apply.
In the event that the Uniform Computer Information Transaction Act, any version of this Act, or a substantially similar law (collectively "UCITA") becomes applicable to a party's performance under this Agreement, UCITA does not govern any aspect of this Agreement or any license granted under this Agreement, or any of the parties' rights or obligations under this Agreement. The governing law will be that in effect prior to the applicability of UCITA.
13.6. THIRD PARTY BENEFICIARIES. This Agreement is entered into solely for the benefit of Motorola and Licensee. No third party has the right to make any claim or assert any right under this Agreement, and no third party is deemed a beneficiary of this Agreement. Notwithstanding the foregoing, any licensor or supplier of third party software included in the Software will be a direct and intended third party beneficiary of this Agreement.
13.7. SURVIVAL. Sections 4, 5, 6.4, 7, 8, 9, 10, 11 and 13 survive the termination of this Agreement.
13.8. ORDER OF PRECEDENCE. In the event of inconsistencies between this Exhibit and the Primary Agreement, the parties agree that this Exhibit prevails, only with respect to the specific subject matter of this Exhibit, and not the Primary Agreement or any other exhibit as it applies to any other subject matter.
13.9. SECURITY. Motorola uses reasonable means in the design and writing of its own Software and the acquisition of third party Software to limit Security Vulnerabilities. While no software can be guaranteed to be free from Security Vulnerabilities, if a Security Vulnerability is discovered, Motorola will take the steps set forth in Section 6 of this Agreement.
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Exhibit B
Payment
Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a check, cashier’s check, or wire transfer drawn on a U.S. financial institution. If Customer has purchased additional Professional or Subscription services, payment will be in accordance with the applicable addenda. Payment for the System purchase will be in accordance with the following milestones.
System Purchase (excluding Subscribers, if applicable)
1. 50% of the Contract Price due upon contract execution (due upon effective date);
2. 50% of the Contract Price due upon Final Acceptance.
If Subscribers are purchased, 100% of the Subscriber Contract Price will be invoiced upon shipment (as shipped).
Motorola shall make partial shipments of equipment and will request payment upon shipment of such equipment.
In addition, Motorola shall invoice for installations completed on a site-by-site basis or when professional services are completed, when applicable. The value of the equipment shipped/services performed will be determined by the value shipped/services performed as a percentage of the total milestone value. Unless otherwise specified, contract discounts are based upon all items proposed and overall system package. For invoicing purposes only, discounts will be applied proportionately to the FNE and Subscriber equipment values to total contract price. Overdue invoices will bear simple interest at the maximum allowable rate by state law.
For Lifecycle Support Plan and Subscription Based Services:
Motorola will invoice Customer annually in advance of each year of the plan.
The chart below outlines the hourly labor rates for Motorola System Integration resources to be used. The staffing requirements shall be multiplied by the appropriate rate per resource in the table below. The hourly labor rates are fully burdened. The hourly rates per resource type and level are listed in Table 1.
These rates apply to ordinary days and times (Monday to Friday during the hours 8am to 5pm). Additional surcharges may apply to work done outside these timeframes. The minimum charge for any resource will be 4 hours. Travel expenses are not included in these rates and may be charged separately. The qualifications of each type and level of resource are defined in the tables found at https://www.motorolasolutions.com/content/dam/msi/secure/services/labor-rates-exhibit-160408.pdf. All Motorola System Integration personnel assigned to this project will be classified according these levels. Project Administrative roles are varied and their specific duties and qualifications will be determined by the complexity and requirements of each project.
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Exhibit D
System Acceptance Certificate
Customer Name: ______________________________________________________ Project Name: ________________________________________________________ This System Acceptance Certificate memorializes the occurrence of System Acceptance. Motorola and Customer acknowledge that:
1. The Acceptance Tests set forth in the Acceptance Test Plan have been successfully completed.
2. The System is accepted.
Customer Representative: Motorola Representative:
Signature: ____________________________ Signature: ____________________________ Print Name: ___________________________ Print Name: ___________________________ Title: ________________________________ Title: ________________________________ Date: ________________________________ Date: ________________________________ FINAL PROJECT ACCEPTANCE:
Motorola has provided and Customer has received all deliverables, and Motorola has performed all other work required for Final Project Acceptance.
Customer Representative: Motorola Representative:
Signature: ____________________________ Signature: ____________________________ Print Name: ___________________________ Print Name: ___________________________ Title: ________________________________ Title: ________________________________ Date: ________________________________ Date: ________________________________ Item No. 3.
CITY COUNCIL AGENDA – OCTOBER 18, 2022
SUBJECT: Authorization to Amend Digester No. 4 Cleaning Project SOURCE: Public Works
COMMENT: At its meeting on September 20, 2022, the City Council awarded the Digester No. 4 Cleaning Project to Wastewater Solids Management Company. Since that time, digester No.1 has experienced damage to its gas system piping which requires it to be taken out of service to perform the required repairs. Digester No.1 must be emptied and cleaned of its contents in order to eliminate potentially explosive atmospheres (methane) before the required repairs are completed.
As Wastewater Solids Management Company was the only company to submit a quote for the cleaning of digester No.4, staff is requesting to amend the project to include the cleaning and dewatering of digester No.1. Amending the project will expedite the cleaning and repairs to both digesters.
Wastewater Solids Management Company submitted quotes of $49,690 and $44,690 to clean digesters No.4 and No.1 respectively, bringing the total project amount not to exceed $103,818, inclusive of prevailing wage and a ten percent (10%) contingency. Expenditure for the project is to be funded from the Wastewater Treatment Facility Capital Reserve Fund.
RECOMMENDATION: That City Council:
1. Amend the Digester No. 4 Cleaning Project awarded to Wastewater Solids Management Company, to include
digester No.1 for a total project amount not to exceed
$103,818, which includes a ten percent (10%)
contingency;
2. Direct the Finance Director to initiate a Purchase Order to Wastewater Solids Management Company for a not to
exceed amount of $103,818, which includes a ten percent (10%) contingency; and
3. Direct the Finance Director to make payment to
Wastewater Solids Management Company upon receipt of
the invoice approved by the Public Works Director.
ATTACHMENTS: 1. Wastewater Solids Management Co. Inc. Quote - Digester #1
Item No. 3.
2. Wastewater Solids Management Co. Inc. Quote - Digester #4
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
A DMINISTRATIVE OFFI CE ACCOUNTING O F FIC E CORPORATE OFFICE P.O. BOX 430 P.O. BOX 1327 P.O. BOX 826
YACHATS, OR 97498 LINCOLN, C A 95648 YERINGTON, NV 89447 (541) 547 - 3213 PHONE
(541) 971 - 4571 FAX
October 10, 2022
Mr. Robert Alvarez
City of Porterville
1333 W Grand Ave.
Porterville, CA 93257
(559) 782-7505
(559) 783-1419 (fax)
[email protected]
Dear Robert:
I would like to thank you for your continued interest in Wastewater Solids Management, Inc. We are a corporation with over 30 years cumulative experience in digester/lagoon cleaning and biosolids management. We are pleased to provide this estimate for the removal and dewatering of solids from Digester #1 at the City of Porterville Wastewater Facility.
Above all else we are concerned with safety on the job and closely follow the OSHA rules and regulations set forth for maintenance activities. These procedures include lock out/tag out and confined space entry among others.
Attached is a proposal for digester cleaning, solids dewatering and on site solids removal services. The scope of work has been prepared based on the data you provided along with historical data (dimensions, etc.), however, if there is anything which needs to be corrected, please let me know. Our anticipated project duration is approximately one week of operations for the removal of the material from the digester structure.
If you have any questions or require any further information, please advise by contacting (541) 547-3213 or (916) 425- 0531. We look forward to this opportunity to work with you.
Respectfully submitted,
Victoria E. Prince
General Manager
Wastewater Solids Management Co., Inc.
[email protected]
www.wastewatermanagement.com
Enclosures: quotation / agreement
– 2 – October 10, 2022
City of Porterville
Request for Quotation
City of Porterville – Digester #1 Dewatering
QUOTATION DATE: OCTOBER 10, 2022
Mobilization/Demobilization: $ 8,000.00
Digester Dewatering Operations: $ 36,690.00
Project Total: $ 44,690.00
Description:
Wastewater Solids Management Co., Inc. will remove all sludge, grit, sand, rags, plastics, grease and other miscellaneous debris from the digester structure. Prior to turning over the primary digester for cleaning operations, City of Porterville personnel will drain the digester below the side hatch entryway. There will be approximately 62,000 gallons of material remaining in place (~7’). The sludge material will be screened to a 3/16” capture rate. The screenings will be deposited in roll-off bins or other receptacle for end disposal by City of Porterville personnel. The screened sludge will be transferred to a mixing type tank and fed to a mobile belt press unit. The material will be dewatered with the filtrate being discharged back to the plant at a point designated by plant personnel. The dewatered sludge cake will be deposited in end dump trailers or stockpiled onsite for end disposal by City of Porterville personnel. WWSMC will hydro-wash the interior of the digester at the City of Porterville Wastewater Treatment Plant utilizing high volume water (300 gpm, 80 psi). Hydro-washing services will remove sludge and other material from the interior surfaces of the digester structure, however, some closely adhered materials may remain upon completion. (Struvite, vivianite, etc.). Wastewater Solids Management Co., Inc. will provide these services with the following provisions:
Digester Dimensions: D: 40’; SWD: 29'; Solids Depth: 7’ Maximum volume: 62,000 gallons (7’ estimated depth)
< 8% solids concentration
Coned bottom surface
Minimum top access: 30”; Minimum side access: 30”
< 1,000 ft. to staging, processing and filtrate return point Min. Filtrate Return: 200 gpm; Max Filtrate Conc. 500 mg/L Prevailing wage determinations included
This will include all labor and materials except as listed below. City of Porterville will provide the following:
150 amps; 480 V; 3-phase power available
Water available: 300 gpm, 80 psi (1 ½” connection or other) Remove & replace access hatch covers
Roll-off bins for transport and disposal of screenings Sufficient storage space for sludge solids
Sufficient staging area for WWSM, Inc. Equipment
Equipment for the unloading and placement of WWSM, Inc. equipment (backhoe or other).
– 3 – October 10, 2022
Integrated Agreement
Between City of Porterville and Wastewater Solids Management Co., Inc.
This agreement with attachments of addends, represents the entire and integrated agreement between the City of Porterville and Wastewater Solids Management Co., Inc. and supersedes all prior negotiations, representations or agreements, written or oral. However, the proposal submitted by Wastewater Solids Management Co., Inc. and related documents establish the background and framework in which the contract was prepared and do set forth the expectations of each party to the contract. This agreement may be amended only by written instrument signed by both the City of Porterville and Wastewater Solids Management Co., Inc.
Dated this the _10t h _ day of _October _, 2022
_________________________________ ______________________________ City of Porterville Wastewater Solids Management Co., Inc. _________________________________ _General Manager______________ Title Title
Item No. 4.
CITY COUNCIL AGENDA – OCTOBER 18, 2022
SUBJECT: Authorization to Purchase by Negotiation Equipment Scheduled for Replacement
SOURCE: Public Works
COMMENT: As part of the annual budget process, the Public Works Department requests City Council authorization to negotiate equipment purchases scheduled for replacement. Due to supply chain issues, staff is finding it more challenging to coordinate the ordering windows provided by manufacturers to government fleets with the budget approval and purchase order process. The windows are often as short as two (2) weeks.
Staff is currently working on its third-year attempt to purchase three (3) pickup trucks under the State contract. It is unknown when or if the supply chain issues will return to normal. Staff is seeking Council authorization to begin the equipment replacement purchase process earlier than in previous years to align with these narrow windows to purchase heavy-duty vehicles from State contracts or Co-op purchasing agreements. These efforts will secure procurement of Solid Waste Refuse vehicles and improve on a two-year build timeline. Replacement equipment not identified in this staff report will remain on the regularly scheduled negotiated purchase list to be presented with the annual budget approval.
In accordance with the City’s Purchasing Policy and Procedure Manual, as amended by Resolution No. 122-87 adopted by City Council on October 20, 1987, staff hereby requests approval to begin negotiations for the purchase of the following equipment scheduled for replacement in the FY 2023-2024 for the Solid Waste Division.
Division Equipment Description Estimated Cost
Solid Waste Roll-Off $296,730
Frontloader (2) $735,168
Sideloader (3) $1,096,987
Funds for the purchase of these equipment items are available in the Solid Waste Equipment Replacement Fund.
RECOMMENDATION: That the City Council authorize the purchase by negotiation of the Solid Waste Division equipment listed and authorize payment for Item No. 4.
said equipment upon satisfactory delivery.
ATTACHMENTS:
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
Item No. 5.
CITY COUNCIL AGENDA – OCTOBER 18, 2022
SUBJECT: Authorization to Amend and Continue with the Purchase of Water Shares or Surface Water for Groundwater Recharge
SOURCE: Public Works
COMMENT: The City Council has annually approved staff's request to fund the purchase of surface water and/or water shares, when available, from surrounding water entities to be used for groundwater recharge, which offsets groundwater pumping demands.
It has been the Council’s direction to increase the City’s holdings and water rights when opportunities arise. If approved, when water shares become available, the Public Works Director will be authorized to submit bids for share purchases. The authorization will also be given to negotiating surface water purchases with local irrigation districts that may have water available for sale to be used as groundwater recharge.
At its meeting on July 19, 2022, the Council provided the authorization for the Public Work Director or the City Managers designee to move forward with surface water and/or water share purchases to be used for groundwater recharge.
Since Council approval for the annual expenditure, and the end of the irrigation year, surface water rates have been increased due to continued drought conditions. In addition to increased costs of surface water, the City was able to secure eight Pioneer Shares, raising its share total to 481. The City is expected to receive surface water totals from the 2022-2023 irrigation year deliveries at roughly 2,107 acre-feet of water available to the City for purchase. The total cost to secure surface water for recharge is expected to exceed the Council's current expenditure authorization of $500,000. The cost to cover all current allocations available to the City is $835,000, with a projected cost for the remaining fiscal year to be $665,000. Staff would request that the Council authorize a budgeted amount of $1,500,000 to cover the current allocation and continue to perform through the end of the 2022 - 2023 Fiscal Year.
Staff recommends that Council amend the previous authorization to the Public Works Director, or the City Manager's designee, to purchase or bid on any available water shares in the 2022-2023 Fiscal Year with Pioneer Water Company and/or other water entities who may have available water for purchase, also allowing for the purchase of surface water being offered for sale.
Funds for the purchase of water shares or surface water have been set aside in the Water Operating Fund budget for the 2022-2023 Fiscal Year.
Item No. 5.
RECOMMENDATION: That the City Council amend and authorize the Public Works Director, or the City Manager's designee, to purchase up to $1,500,000 of water shares or surface water during the 2022-2023 Fiscal Year.
ATTACHMENTS:
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
Item No. 6.
CITY COUNCIL AGENDA – OCTOBER 18, 2022
SUBJECT: Ratification of Expenditures - Emergency Sterilization & Haul Away Services SOURCE: Engineering and Project Management
COMMENT: On Wednesday, October 12, 2022, staff were made aware that the building at the site of the City's future Animal Shelter had been broken into, vandalized, and littered with waste. The amount of human waste and other dangerous items makes the situation within the building hazardous and requires immediate clean-up and sterilization to remediate the hazardous environment.
Due to the need for the emergency work to be completed, the normal bid process was not used. Staff contacted a couple of companies in the area that specialize in this type of clean-up and found that only one was willing and available to start the work immediately. Staff received a quote from Service Master by Beneveto of Visalia in the amount of $13,044.30. Staff found the quote acceptable emergency authorization to engage the services of Service Master by Benevento was obtained from the Mayor by the City Manager.
Funding is available from Risk Management Funds.
RECOMMENDATION: That the City Council:
1. Ratify the emergency sterilzation and haul away services at the future Animal Shelter building as necessary and that it met the emergency criteria as promulgated in Article VII, Section 2-38 of the City Code;
2. Direct the Finance Director to initiate a Purchase Order to Service Master by Benevento in an amount not to exceed
$13,044.30; and
3. Direct the Finance Director to make payment to Service Master by Benevento upon receipt of invoice approved by the
Engineering & Project Management Director.
ATTACHMENTS: 1. ServiceMaster by Benevento Estimate
Appropriated/Funded:
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, Deputy City Manager
Item No. 6.
Service Master By Benevento:
ServiceMaster by Benevento
8230 East Doe Ave.
Visalia Ca. 93291
C.L. #: 723039
Tax ID# 770361244
Insured: City of Porterville Home: (559) 310-6607
E-mail: [email protected] Property: 165 N D St Porterville, CA 93257
Billing: 291 N Main St
Porterville, CA 93257
Claim Rep.: Private Pay
Estimator: Guy Fawkes Business: (559) 333-9605
Position: DR Estimator E-mail: [email protected]
Company: ServiceMaster by Benevento
Business: 8230 W. Doe Ave
Visalia 93291
Contractor: Business: (559) 625-8554
Company: Service Master by Benevento CL# 723039
Business: 8230 East Doe Ave.
Visalia, CA 93291
Claim Number: PRIVATE PAY Policy Number: PRIVATE PAY Type of Loss: Vandalism Coverage Deductible Policy Limit
Dwelling $0.00 $0.00
Other Structures $0.00 $0.00
Contents $0.00 $0.00
Date Contacted: 10/12/2022 12:00 PM
Date of Loss: 10/11/2022 12:00 PM Date Received: 10/12/2022 12:00 PM Date Inspected: 10/13/2022 10:00 AM Date Entered: 10/13/2022 7:55 AM Price List: CAVL8X_OCT22 Depreciate Material: Yes Depreciate O&P: No Depreciate Non-material: Yes Depreciate Taxes: Yes
Depreciate Removal: No
Restoration/Service/Remodel
Estimate: 22-2421-BIO
Service Master By Benevento:
ServiceMaster by Benevento
8230 East Doe Ave.
Visalia Ca. 93291
C.L. #: 723039
Tax ID# 770361244
22-2421-BIO 10/14/2022 Page: 2
This Time and Materials Estimate is an approximation of the Labor Hours and Materials needed to perform Vandalism Cleanup at the site due to Homeless / Transient Intrusion and Encampment.
Actual Labor Hours and Materials used will be applied to a Finalized Estimate / Invoice once the Scope of Work has been completed.
ServiceMaster by Benevento technicians will wear full PPE during services for their safety, due to the nature and unknown nature of the contamination
at the site.
Bio Waste, Garbage and Debris will need to be removed from site and disposed of, Exterior Surfaces where Feces and other waste has accumulated will need to be pressure-washed, and floors, lower parts of walls and high-touch surfaces such as doors and door hardware will need to be decontaminated with a cleaning agent. 3 Service Master By Benevento:
ServiceMaster by Benevento
8230 East Doe Ave.
Visalia Ca. 93291
C.L. #: 723039
Tax ID# 770361244
22-2421-BIO 10/14/2022 Page: 3
22-2421-BIO
SKETCH1
Main Level
Main Level
CAT SEL ACT DESCRIPTION
CALC QTY REMOVE REPLACE TAX TOTAL
*** DEBRIS REMOVAL & Pressure Wash***
1. CLN PWASHMN + Pressure/chemical wash
1 1.00 EA [*] 0.00+ 350.00 = 0.85 350.85
2. HMR LABH + Hazardous Waste/Mold Cleaning Technician - per hour 6*8*1 48.00 HR [*] 0.00+ 80.00 = 0.00 3,840.00
3. DMO DTRLR - Tandem axle dump trailer - per load - including dump fees 1 1.00 EA 210.49+ 0.00 = 0.00 210.49
4. HMR PPE+ + Add for personal protective equipment - Heavy duty 6*3*1 18.00 EA 0.00+ 38.65 = 64.35 760.05
5. HMR PPERF + Respirator - Full face - multi-purpose resp. (per day) 6*1 6.00 DA 0.00+ 7.61 = 0.00 45.66
6. HMR PPERCM + Respirator cartridge - HEPA & vapor & gas (per pair) 6*1 6.00 EA 0.00+ 34.29 = 19.03 224.77
7. DMO BAG - Plastic contractor debris bag
200 200.00 EA 0.83+ 0.00 = 15.36 181.36
*** CLEANING / APPLY DISINFECTANT ***
8. HMR PPE + Add for personal protective equipment (hazardous cleanup) 4*3*3 36.00 EA 0.00+ 13.91 = 41.59 542.35
9. HMR PPEE + Eye protection - plastic goggles - Disposable 4*1 4.00 EA 0.00+ 9.79 = 3.62 42.78
10. HMR PPEM + Personal protective mask (N-95)
4*3*3 36.00 EA 0.00+ 2.91 = 9.69 114.45
11. CAP LABM + Cleaning Technician - incl. cleaning agent - per hour 4*8*3 96.00 HR [*] 0.00+ 70.00 = 11.54 6,731.54
Total: Main Level 166.03 13,044.30
Total: SKETCH1 166.03 13,044.30
Line Item Totals: 22-2421-BIO 166.03 13,044.30
Service Master By Benevento:
ServiceMaster by Benevento
8230 East Doe Ave.
Visalia Ca. 93291
C.L. #: 723039
Tax ID# 770361244
22-2421-BIO 10/14/2022 Page: 4
Grand Total Areas:
513.33 SF Walls 254.69 SF Ceiling 768.03 SF Walls and Ceiling 254.69 SF Floor 28.30 SY Flooring 64.17 LF Floor Perimeter
0.00 SF Long Wall 0.00 SF Short Wall 64.17 LF Ceil. Perimeter 254.69 Floor Area 276.53 Total Area 513.33 Interior Wall Area 601.50 Exterior Wall Area 66.83 Exterior Perimeter of
Walls
0.00 Surface Area 0.00 Number of Squares 0.00 Total Perimeter Length
0.00 Total Ridge Length 0.00 Total Hip Length
Coverage Item Total % ACV Total %
Dwelling 6,312.76 48.39% 6,312.76 48.39%
Other Structures 0.00 0.00% 0.00 0.00%
Contents 6,731.54 51.61% 6,731.54 51.61%
Total 13,044.30 100.00% 13,044.30 100.00%
5 Service Master By Benevento:
ServiceMaster by Benevento
8230 East Doe Ave.
Visalia Ca. 93291
C.L. #: 723039
Tax ID# 770361244
22-2421-BIO 10/14/2022 Page: 5
Summary for Dwelling
Line Item Total 6,158.27
Material Sales Tax 154.49
Replacement Cost Value $6,312.76
Net Claim $6,312.76
Guy Fawkes
DR Estimator
6 Service Master By Benevento:
ServiceMaster by Benevento
8230 East Doe Ave.
Visalia Ca. 93291
C.L. #: 723039
Tax ID# 770361244
22-2421-BIO 10/14/2022 Page: 6
Summary for Contents
Line Item Total 6,720.00
Material Sales Tax 11.54
Replacement Cost Value $6,731.54
Net Claim $6,731.54
Guy Fawkes
DR Estimator
Service Master By Benevento:
ServiceMaster by Benevento
8230 East Doe Ave.
Visalia Ca. 93291
C.L. #: 723039
Tax ID# 770361244
22-2421-BIO 10/14/2022 Page: 7
Recap of Taxes
Material Sales Tax (9.25%) Storage Rental Tax (9.25%)
Line Items 166.03 0.00
Total 166.03 0.00
8 Service Master By Benevento:
ServiceMaster by Benevento
8230 East Doe Ave.
Visalia Ca. 93291
C.L. #: 723039
Tax ID# 770361244
22-2421-BIO 10/14/2022 Page: 8
Recap by Room
Estimate: 22-2421-BIO
Area: SKETCH1
Area: Main Level 12,878.27 100.00%
Coverage: Dwelling 47.82% = 6,158.27
Coverage: Contents 52.18% = 6,720.00
Area Subtotal: Main Level 12,878.27 100.00%
Coverage: Dwelling 47.82% = 6,158.27
Coverage: Contents 52.18% = 6,720.00
Area Subtotal: SKETCH1 12,878.27 100.00%
Coverage: Dwelling 47.82% = 6,158.27
Coverage: Contents 52.18% = 6,720.00
Subtotal of Areas 12,878.27 100.00%
Coverage: Dwelling 47.82% = 6,158.27
Coverage: Contents 52.18% = 6,720.00
Total 12,878.27 100.00%
9 Service Master By Benevento:
ServiceMaster by Benevento
8230 East Doe Ave.
Visalia Ca. 93291
C.L. #: 723039
Tax ID# 770361244
22-2421-BIO 10/14/2022 Page: 9
Recap by Category
Items Total %
CONT: CLEAN APPLIANCES 6,720.00 51.52%
Coverage: Contents @ 100.00% = 6,720.00
CLEANING 350.00 2.68%
Coverage: Dwelling @ 100.00% = 350.00
GENERAL DEMOLITION 376.49 2.89%
Coverage: Dwelling @ 100.00% = 376.49
HAZARDOUS MATERIAL REMEDIATION 5,431.78 41.64%
Coverage: Dwelling @ 100.00% = 5,431.78
Subtotal 12,878.27 98.73%
Material Sales Tax 166.03 1.27%
Coverage: Dwelling @ 93.05% = 154.49
Coverage: Contents @ 6.95% = 11.54
Total 13,044.30 100.00%
Item No. 7.
CITY COUNCIL AGENDA – OCTOBER 18, 2022
SUBJECT: Selection of On-Call Environmental Consultants SOURCE: Community Development
COMMENT: On July 19, 2022, the City Council authorized staff to distribute a Request for Qualifications (RFQ) for On-Call Consulting Services. The City received seven responses and offered interviews to all responsive firms. The responding firms were Crawford & Bowen, LSA, 4 Creeks, Precision Civil Engineering, Ultra Systems, Soar Environmental Consulting, and Provost & Pritchard Consulting Group. All firms were found to meet the desired qualifications.
Since 2003, the City has maintained an on-call consulting services contract.
Until 2012, the City contracted with only one consulting firm at any given time; in 2012, the contract was amended to include multiple firms, so that staff could solicit proposals from multiple firms, rank them appropriately, and execute task orders as needed. In keeping with that intent, staff recommends the selection of the top five consulting firms, allowing flexibility, expedited response time, and capacity for the City’s consulting needs. The proposed contract has a term of three years, with two (2) possible one (1) year extensions.
During the review of the Statements of Qualifications and the interview process, the top ranking firms were identified as Crawford & Bowen, LSA, 4 Creeks, Precision Civil Engineering, and Provost & Pritchard Consulting Group.
RECOMMENDATION: That the City Council:
1. Authorize staff to negotiate on-call contracts with Crawford & Bowen, LSA, 4 Creeks, Precision Civil Engineering, and Provost & Pritchard Consulting Group;
2. Authorize the Mayor to sign contract documents;
3. Authorize the Assistant City Manager to sign task orders; and
4. Authorize staff to make payments up to 100% upon satisfactory completion of tasks.
ATTACHMENTS: 1. On-Call Environmental Consultant RFQ
Appropriated/Funded:
Review By:
Department Director:
Jason Ridenour, Community Development Director
Item No. 7.
Final Approver: Fernando Gabriel-Moraga, Deputy City Clerk
REQUEST FOR QUALIFICATIONS
On-Call Environmental Services
JULY 2022
PREPARED BY:
DEPARTMENT OF COMMUNITY DEVELOPMENT
PLANNING DIVISION
July 2022
I INTRODUCTION AND OBJECTIVES:
The City of Porterville (hereinafter referred to as ''CITY'') is requesting statements of qualifications (SOQs) to establish a list of competent consultants to provide on-call environmental services for multiple Capital Improvement Projects and developer-initiated projects through task orders on an as-needed basis. On-call services are expected to begin in October 2022 and terminate five years from date of award of contract.
II EXAMINATION OF PROPOSAL DOCUMENTS:
By submitting a proposal, each CONSULTANT represents that it has thoroughly examined and become familiar with the work required under this RFQ and that it is capable of performing quality work to achieve the objectives of CITY.
III ADDENDA/CLARIFICATIONS:
Any CITY changes to this RFQ will be made by written addendum. No verbal modification shall be binding.
IV PROPOSAL REQUIREMENTS:
Proposals for this project will be accepted at this office until 4:00 p.m., on Monday, August, 22, 2022. Three (3) copies of the proposal shall be submitted in a sealed envelope, plainly marked “On- Call Environmental Services Qualifications for the City of Porterville.” Cost proposals shall not be submitted until requested by the CITY. Proposals shall be addressed to:
Jason Ridenour, Comm Dev. Director
Community Development Department
City of Porterville
291 N. Main Street
Porterville, CA 93257
The City reserves the right to reject any and all proposals that do not meet the requirements of this RFQ and/or any portion of the requirements of this project.
V PRE-CONTRACTUAL EXPENSES:
Pre-contractual expenses are defined as expenses incurred by the CONSULTANT in:
1) preparing and reproducing its proposal in response to this RFQ; 2) submitting its proposal to CITY; 3) negotiating with CITY any matter related to this RFQ and CONSULTANT's proposal; 4) other matters prior to the date of award of a Contract.
CITY shall not be liable for any pre-contractual expenses incurred by CONSULTANT in the preparation of proposals. Pre-contractual expenses shall not be included in the cost proposal.
VI EXCEPTIONS/DEVIATIONS:
Any exceptions to the requirements of this RFQ must be included in the CONSULTANT's proposal. Such exceptions must be included as a separate element of the proposal entitled “Exceptions and Deviations.”
VII CONSULTANT REPRESENTATIVE:
The CONSULTANT shall assign a responsible representative and an alternate, both of whom shall be identified in the proposal. The CONSULTANT's representative shall remain in responsible charge for the duration of the project. Should the CONSULTANT's primary representative be unable to continue with the project, the CONSULTANT's alternate representative shall become the primary representative. No personnel changes will be acceptable without prior approval by CITY. CITY reserves the right to reject any changes in personnel at any time during the course of this project. CITY also reserves the right to terminate the contract if, in the opinion of CITY, substantial changes in project management may jeopardize the successful completion of this project to the satisfaction of CITY.
VIII LOCAL AGENCY REPRESENTATIVE:
Jason Ridenour, Community Development Director, shall be the Contract Administrator and contact person for all communications with CITY.
IX INSURANCE REQUIREMENTS:
The CONSULTANT shall maintain and provide current copies to CITY of the following minimum insurance coverage for the duration of this project:
Full liability under Worker’s Compensation laws of the State of California General comprehensive liability (bodily injury and property damage)* Professional liability insurance (errors and omissions)* Automotive liability Insurance*
*All must provide a combined single limit (CSL) of not less than $1 million per occurrence.
X INDEMNIFICATION:
The CONSULTANT shall indemnify, defend, and hold harmless CITY, its elected and appointed officers, employees agents from and against any and all claims, including attorney's fees and reasonable expenses for litigation or settlement, for any loss, damages, bodily injuries, and loss of property caused by negligent acts, omissions, or willful misconduct by the successful CONSULTANT and its subconsultants arising out of performance of the requirements of the Contract.
XI SUBCONTRACTING:
Only those firms identified in the Contract as subcontractors or subconsultants shall be allowed to perform work for this project. Any amendments to this requirement shall be made in writing by prime CONSULTANT to CITY. CITY has the right to reject any requested amendments at any time during the course of this project.
XII FEDERAL, STATE, AND LOCAL LAWS:
The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, ordinances, and statutes. In accordance with federal-aid funded projects, Disadvantaged Business Enterprise (DBE) requirements must be met. The DBE participation goal percentage will be established on a project-by-project basis.
XIII PROPOSAL EVALUATION CRITERIA:
Evaluation criteria used to select the CONSULTANT shall include, but not be limited to, the following:
A. Firm(s) experience with similar projects;
B. Firm(s) key personnel qualifications/certifications and experience, especially the project manager and individuals performing services;
C. Firm(s) understanding of the project requirements;
D. Firm(s) ability to provide the required services in a timely and cost-effective manner to meet the required schedule;
E. Firm(s) policy in providing Equal Employment Opportunity; and F. Firm(s) approach to provide the best product for CITY.
The attached CITY’S Consultant Selection Rating Form shall be used to rate each firm.
XIV CONSULTANT SELECTION AND INTERVIEWS:
CITY selection committee, consisting of the Contract Administrator and at least two additional staff members familiar with the project requirements, will review all proposals and rank CONSULTANTs according to their demonstrated competence and professional qualifications as assessed by their response to this RFQ and the evaluation criteria contained in the CITY’S Consultant Selection Rating Form. The highest ranked CONSULTANT(s) may be invited for oral interviews with CITY team. Interviews, if deemed necessary by CITY, are tentatively scheduled for late June 2018. Each participating firm will be contacted via telephone for verification of interview date and time. Failure to be available at the time of a scheduled interview shall be considered non-responsive and shall be cause for elimination from any further consideration.
CITY reserves the right to begin negotiations and enter into a Contract without interviews or further discussion.
XV COST PROPOSAL:
The cost proposal shall not be submitted until requested by the CITY. Negotiations with the topranked candidate(s) may begin immediately. If an agreement cannot be reached within ten (10) working days, CITY may begin negotiations with the next selected candidate(s) and proceed. If necessary, this process will continue until either an agreement is reached or CITY elects to readvertise for new proposals. CITY reserves the right to reject any and all proposals prior to award of a Contract. All cost proposals not opened shall be returned to their respective firms.
XVI CONTRACTS/AGREEMENTS:
The successful CONSULTANTs shall enter into upcoming Contracts with CITY that are based on the contents of this RFQ, the CONSULTANT's proposal, and CITY Contract. Where two or more CONSULTANTs desire to submit a single proposal (joint venture), only one CONSULTANT shall be listed as prime CONSULTANT. All others shall be listed as subconsultants. The list of chosen on-call CONSULTANTs is expected to be presented at the City Council meeting scheduled for Tuesday, September 20, 2022. Issuance of this RFQ and receipt of proposals does not commit CITY to award a Contract. CITY reserves the right to postpone award of a Contract for its own convenience, accept or reject any or all proposals received in response to this RFQ, negotiate with any CONSULTANT on the chosen on-call list, and cancel any or all portions of this RFQ and resulting Contract. CITY also reserves the right to award individual or groups of projects to different firms at the sole discretion of CITY.
XVII COMPENSATION:
A. All items of work required for completion of the projects to result from this RFQ shall be paid for following the cost proposal format specified in each task order request. Projects that involve Caltrans approval for any phase of the project must follow LAPM Chapter 10 cost proposal format requirements. Costs for any and all items not specifically listed, but required to complete the work for projects (including all exceptions and deviations stated included in CONSULTANT's proposal), shall be included as part of the total cost proposed. No additional compensation shall be paid for such items. No additional compensation shall be given for any reproduction costs, except those in excess of the requirements stated in this RFQ. Only a change in scope or any significant task addition or increase shall receive consideration for additional compensation.
B. lf the CONSULTANT feels that any work it has been directed to perform is beyond the scope of the Contract and constitutes extra work, it shall notify CITY in writing within ten (10) days. CITY will review such notice and, if justified, authorize additional compensation to the CONSULTANT on a fair and equitable basis.
C. Monthly progress payments will be made to the CONSULTANT only upon submittal of invoices to CITY. Said invoice shall indicate the percentage completion of each task, as well as the overall percentage completion of the entire project. In addition, an updated schedule showing tasks and their degree of completion shall be provided.
XVIII OWNERSHIP OF REPORTS AND DOCUMENTS:
Originals of all documents, letters, drawings, design calculations, estimates, specifications, and other documents and data produced under the terms of the Contract shall become the property of CITY. CITY shall retain all rights in copyright. Copies may be made and retained by the CONSULTANT for its records, but shall not be furnished to others without the written consent of CITY for a period of three (3) years from the date of acceptance, by CITY, of all requirements of this project.
XIX PROPOSAL FORMAT AND CONTENT:
Proposals shall be brief and include a concise address of the following information:
A. Firm Experience:
1. A brief list of similar projects completed in the last five (5) years, indicate the specific relationship if other than principal and each firm's responsibilities.
Descriptions of pertinent experience should include a summary of work performed, adherence to schedules, the duration of each project, and the name, title, and phone number of clients that may be contacted for reference.
2. Other information that might aid CITY in ascertaining proposing firm's qualifications.
B. Consultant Team:
Name of prime consulting firm, subconsultant(s), names of principals, associates, project manager, and key personnel, their proposed level and areas of responsibility, and their qualifications/certifications in those areas. The CONSULTANT's Project Manager and key personnel will be an important factor considered by CITY.
1. Any changes to personnel assigned to this project shall be made in writing to CITY. CITY reserves the right to reject any proposal with modified personnel.
2. If subconsultants are used, names of subconsultant's key personnel for the project, their professional experience, qualifications/certifications, and training, which are applicable to this project, and the scope of services that will be provided by each subconsultant.
3. The office location from which the CONSULTANT(s) shall operate along with telephone and/or cell number of the project manager.
C. Proposal Format:
1. Proposals shall contain no more than twenty (20) pages, excluding cover sheet, table of contents, index sheets, and resumes, double-sided, font size no less than 10 pt., and single or double-spaced. Cover letters will be counted as part of the twenty sheets. The City encourages the use of recycled materials.
2. Proposals should include, but not be limited to, the following:
a. Page numbering;
b. Table of Contents, if applicable;
c. Section dividers with tabs, if applicable;
d. Identification of offering firms, including name, address, and telephone number of each firm;
e. Prime CONSULTANT organizational chart, which includes subconsultant(s) with names and titles of personnel to be used for this project; f. Acknowledgment of receipt of RFQ addenda, if any;
g. Concise, complete response to the technical aspects requested in the “Environmental Consultant Qualifications and Selection Criteria”; and h. Exceptions to or deviations from the requirements of this RFQ, separating technical exceptions from contractual exceptions. Any alternative approach proposed by the CONSULTANT shall be thoroughly explained and shall meet the objectives of CITY.
CITY OF PORTERVILLE
REQUEST FOR QUALIFICATIONS (RFQ) FOR ON-CALL ENVIRONMENTAL SERVICES The City of Porterville seeks the services of an environmental consultant or consulting firm to provide assistance to City Staff as necessary in the preparation of environmental documents for multiple capital improvement projects and developer-initiated projects. The services to be rendered under this contract would consist of the preparation of Initial Studies, Negative Declarations, Environmental Impact Reports and where appropriate, Categorical Exclusions, Environmental Assessments, and other documents as necessary to comply with state and federal environmental guidelines. It is anticipated that the majority of the work effort would be focused on CEQA compliance. The selected environmental consultant must have a substantial working knowledge of CEQA and NEPA, must possess strong writing and communication skills, and have a flexible schedule that will allow for attendance at meetings as necessary. Although the consultant’s work will be reviewed by the Community Development Director or Community Development Manager, the above referenced skills are essential to meeting the objectives of this program.
In addition to the preparation of environmental documents and studies, it is anticipated that the City will have a number of projects requiring on-site biological and/or archaeological monitoring during construction. Other servicestypically rendered by the selected firm(s) may also be utilized during the course of this agreement.
SCOPE OF ENVIRONMENTAL CONSULTANT SERVICES:
The consultant will respond directly to the Community Development Manager or her designee on a particular project. The selected consultant will perform, but not be limited to the following tasks:
1. Compile background data necessary for the preparation of the appropriate environmental documents.
2. Prepare Initial Study checklists, technical studies, categorical exemptions, negative declarations, mitigated negative declarations, environmental impact reports, environmental assessments, categorical exclusions, and environmental impact statements.
3. Develop timelines and work hour estimates necessary for the preparation of the environmental documents based on specific projects.
4. Identify key factors that need to be evaluated, which may require hiring a specialist in a particular area of analysis (i.e. air quality, noise, etc.). This may be addressed through services normally rendered by the consultant under this contract.
5. Coordinate early consultation and ongoing meetings with City staff and staff at other agencies.
6. Prepare appropriate forms associated with the applicable environmental document such as public hearing notices, notices of determination, negative declarations, notice of completion, etc.
7. Prepare requests for proposals for the preparation of technical studies to be utilized in the preparation of the environmental documents.
8. Provide biological and archaeological and other technical analysis staff or subconsultants for project site monitoring during construction activities in response to project specific mitigation measures.
9. Provide other consulting services as available through the selected firm(s).
DESIRABLE QUALIFICATIONS OF THE CONSULTANT:
The City isseeking a qualified consultant to provide on-call consulting servicesforthe preparation of environmental documents, studies, related notices, and mitigation monitoring for compliance with the applicable environmental regulations and other consulting services. The desired consultant shall have the following qualifications:
1. Extensive experience in the preparation of environmental documentsin compliance with CEQA and NEPA.
2. The Consultant’s proven ability to expeditiously and accurately produce the required product in a concise and useable format.
3. Knowledge of the City of Porterville development and environmental review process is highly desirable.
4. The consultant must possess strong writing skills and be proficient using Microsoft Word and other standard software programs.
5. Be equipped with qualified biologists available for construction monitoring for project specific mitigation measures, and to provide site-specific project reviews for nondiscretionary projects as needed.
6. Provide archaeological services either in-house or through a subconsultant that is listed on the Southern San Joaquin Valley Information List of qualified consultants.
LOCAL AGENGY RESPONSIBILITIES:
The CONSULTANT will report to the CITY’s Contract Administrator who reports to the CITY’s Public Works Director. The CONSULTANT shall not proceed with any work until the CITY provides the Notice to Proceed to the CONSULTANT.
The CITY’s Contract Administrator will directly handle the project management and monitoring of the CONSULTANT’s work to ensure it is complete, accurate, and consistent with the terms and conditions of the CONSULTANT contract. The Contract Administrator and designees will also inspect, review, and discuss project progress, comply with Federal, State and Local policies and regulations, and other requirements to further the prosecution of the contract work with the least delay.
The CITY’s Contract Administrator shall be responsible for the following:
o Serve as the CITY’s primary contact person for the CONSULTANT o Monitor the CONSULTANT’s progress and provide direction o Review billings and determines whether costs billed are reasonable in relation to the work performed during billing period
o Approve the CONSULTANT’s progress payments
o Identify other CITY personnel for CONSULTANT to contact, if needed All records and documentation produced by the CONSULTANT become property of the CITY.
CONSULTANT SELECTION RATING FORM
Project Name: Date:
Project Number:
Evaluation Factor
Rating Factor
Numerical Range &
Weighting Based on
Importance of
Factor
FIRM FIRM FIRM FIRM
Score Score Score Score
a. Capability to perform all or most aspects of the project. 0-10 b. Recent experience in projects comparable to the proposed project. 0-10 c. Firm’s reputation for professional integrity and competence. 0-5 d. Key personnel’s professional background and caliber. 0-7 e. Adequate qualified personnel available for assignment to the project. 0-5 f. Recent experience in specialized areas of expertise associated with the project. 0-5 g. Demonstrated ability to meet schedules or deadlines. 0-10 h. Demonstrated ability to complete projects without having major cost escalations or overruns.
0-7
i. Qualifications and experience of outside consultants regularly engaged by the consultant under consideration.
0-10
j. Quality of project previously undertaken. 0-10
k. Familiarity with and proximity to the geographic location of the project. 0-5 l. Capability of a branch office, which will do the work to perform independently of the home office, or conversely, its capability to obtain necessary support from the home office.
0-3
m. Demonstration of an understanding of the project’s potential problems and the City’s special concerns.
0-5
n. Degree of interest shown in undertaking the project. 0-3 o. Evidence that consultant is an equal opportunity employer. 0-2 p. Proximity of firm’s office to project. 0-3
TOTAL SCORE:
RANKING:
P:\pubworks\Templates\COP Forms\Consultant Selection Rating Form.doc Highest Possible Score = 100
SERVICE AGREEMENT
DATE:
PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY"; and (insert name), hereinafter referred to as "CONSULTANT".
RECITALS: CITY has undertaken a project on which it is seeking assistance from CONSULTANT. Said project which will hereinafter be referred to as "project" is described as follows:
Project Name:
Description of Project: In general, Consultant to provide (plans and specifications) (services) for the (proposed project). Details are summarized in the Scope of Services as Attachment “A”.
IN CONSIDERATION OF MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER set forth the parties hereto do contract and agree as follows:
SECTION 1. CONTRACT SERVICES:
CONSULTANT hereby agrees to provide the following services and materials, in a timely manner as described:
SECTION 2. PAYMENT:
In consideration for said services and materials, CITY shall pay CONSULTANT on a time and materials basis (and/or not to exceed Dollars, ($ )).
TIME OF PAYMENT: Progress payment requests shall be submitted by the 25th of each month.
CONSULTANT should receive payment within 45 days of the date the bill is received.
SECTION 3. COMPLETION DATE:
The services to be performed by CONSULTANT will be commenced upon execution of this agreement and all “work directives” shall be completed by (date). In the case of ongoing testing and results protocol, the CONSULTANT shall submit results as required to CITY, State and/or Federal governing agencies.
SECTION 4. FAMILIARITY WITH PROJECT:
CONSULTANT certifies and agrees that it is fully familiar with all of the details of the project required to perform its services. CONSULTANT agrees it will not rely upon any opinions and representations of CITY unless CITY is the only available source of said information.
SECTION 5. INDEPENDENT CONTRACTOR:
It is expressly understood that CONSULTANT is entering into this contract and will provide all services and materials required hereunder as an independent contractor and not as an employee of CITY.
CONSULTANT specifically warrants that it will have in full force and effect, valid insurance covering:
(i) Full liability under worker's compensation laws of the State of California; and (ii) Bodily injury and property damage insurance in the amount not less than One Million Dollars ($1,000,000) per occurrence; and
(iii) Errors and Omissions insurance of One Million Dollars ($1,000,000) minimum per occurrence, if deductible for Errors and Omissions insurance is Fifty Thousand Dollars ($50,000) or more, the City may require a Surety Bond for the deductible; and (iv) Automotive liability in the amount not less than One Million Dollars ($1,000,000) per occurrence; fully protecting CITY, its elected and appointed officers, employees, agents Rev. 2013-02-19
Service Agreement
and assigns, against all claims arising from the negligence of CONSULTANT and any injuries to third parties, including employees of CITY and CONSULTANT. To the fullest extent permitted by law, CONSULTANT agrees to indemnify, defend (at CITY’S election), and hold harmless the CITY against any claims, actions or demands against CITY, and against any damages, liabilities for personal injury or death or for loss or damage to property, or any of them arising out of negligence of CONSULTANT or any of its employees or agents, or CONSULTANT’S activities related to the terms and conditions of or implementation of this Agreement.
SECTION 6. WORKMANSHIP AND MATERIALS:
Every part of the work herein described shall be executed in a professional manner with competent, experienced personnel. Finished or unfinished material prepared under the agreement, prepared by CONSULTANT, shall become property of CITY. CONSULTANT hereby warrants that any materials prepared under this agreement shall be fit for the intended use contemplated by the parties.
SECTION 7. ASSIGNMENT OF CONTRACT:
It is acknowledged by the parties that CITY has entered into this contract with the express understanding that CONSULTANT will perform all work. CONSULTANT shall not, without the written consent of CITY, assign, transfer or sublet any portion or part of this work, nor assign any payments to others.
SECTION 8. AFFIRMATIVE ACTION.
CONSULTANT will not discriminate against any employee, or applicant for employment as required by applicable Federal and State law.
SECTION 9. CONFLICT OF INTEREST CODE:
CONSULTANT agrees to comply with the regulations of CITY’S “Conflict of Interest Code.” Said code is in accordance with the requirements of the Political Reform Act of 1974.
CONSULTANT covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of service required hereunder. The term "conflict" shall include, as a minimum, the definition of a "conflict of interest" under the California Fair Political Practices Act and the City of Porterville Conflict of Interest Code, as that term is applied to consultants.
SECTION 10. TERMINATION:
Either party for just cause may terminate this contract by giving seven (7) days written notice to the other party. Upon termination by CITY, CITY shall be relieved of any obligation to pay for work not completed including profit and overhead. CONSULTANT may be entitled to just and equitable compensation for satisfactory work completed, except CITY can withhold damages incurred as a result of the termination.
SECTION 11. ENTIRE CONTRACT:
It is understood and agreed that this Service Agreement represents the entire Agreement between the parties. Should it be necessary to institute legal proceedings to enforce any and all of the covenants and conditions of this Agreement, the prevailing party shall be entitled to recover attorneys’ fees and costs.
Service Agreement
SECTION 12. DISPUTES; VENUE:
If either party initiates an action to enforce the terms hereof or declare rights hereunder, the parties agree that this Agreement is entered into and is to be performed in Tulare County, California.
CONSULTANT hereby waives any rights it might have to remove any such action pursuant to California Code of Civil Procedure Section 394.
IN WITNESS WHEREOF, the parties have executed this Service Agreement on the date and year first above written.
CITY OF PORTERVILLE CONSULTANT
By By
Date Date
Scope of Services as Attachment “A”
(Scope of Services shall identify the project specifics as well as duration of the project or the duration of the contract. For example, lab services shall include page identifying charges for specific tests as well as hourly rates for personnel. The scope shall also include any potential/optional extensions of this contract).
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EXHIBIT 10-R A &ESAMPLE CONTRACT LANGUAGE
(For Local Assistance Federal-aid Projects)
NOTE TO LOCAL AGENCY - BE SURE THAT YOUR LEGAL STAFF REVIEWS AND APPROVES ALL CONSULTANT CONTRACTS BEFORE EXECUTION. THIS CONTRACT LANGUAGE IS ONLY SUGGESTED LANGUAGE. MODIFY AS RECOMMENDED BY YOUR OWN LEGAL STAFF AND TO FIT YOUR PARTICULAR REQUIREMENTS AND PROJECT.
TABLE OF CONTENTS
A&E SAMPLE CONTRACT LANGUAGE
Article Subject Page
Article I Introduction................................................................................................................................2 Article II Statement of Work .....................................................................................................................2 Article III Consultant's Reports or Meetings...............................................................................................4 Mandatory Fiscal and Federal provisions (Verbatim):
Article IV Performance Period....................................................................................................................4 Article V Allowable Costs and Payments..................................................................................................4 Article VI Termination................................................................................................................................8 Article VII Cost Principles and Administrative Requirements ......................................................................8 Article VIII Retention of Records/Audit........................................................................................................9 Article IX Audit Review Procedures...........................................................................................................9 Article X Subcontracting..........................................................................................................................10 Article XI Equipment Purchase.................................................................................................................11 Article XII State Prevailing Wage Rates....................................................................................................11 Article XIII Conflict of Interest ...................................................................................................................12 Article XIV Rebates, Kickbacks or other Unlawful Consideration..............................................................12 Article XV Prohibition of Expending Local Agency State or Federal Funds for Lobbying .......................12 Article XVI Statement of Compliance .........................................................................................................13 Article XVII Debarment and Suspension Certification .................................................................................14 Miscellaneous provisions:
Article XVIII Funding Requirements..............................................................................................................14 Article XIX Change in Terms ......................................................................................................................14 Article XX Disadvantaged Business Enterprises (DBE) Participation........................................................15 Article XXI Contingent Fee .........................................................................................................................16 Article XXII Disputes....................................................................................................................................16 Article XXIII Inspection of Work...................................................................................................................16 Article XXIV Safety .......................................................................................................................................17 Article XXV Insurance ..................................................................................................................................17 Article XXVI Ownership of Data ...................................................................................................................18 Article XXVII Claims Filed by LOCAL AGENCY’S Construction Contractor..............................................18 Article XXVIII Confidentiality of Data.............................................................................................................19 Article XXIX National Labor Relations Board Certification...........................................................................19 Article XXX Evaluation of Consultant..........................................................................................................19 Article XXXI Retention of Funds...................................................................................................................19 Article XXXII Notification...............................................................................................................................21 Article XXXIII Contract....................................................................................................................................21 Article XXXIV Signatures.................................................................................................................................21 Local Assistance Procedures Manual EXHIBIT 10-R
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ARTICLE I INTRODUCTION
A. This contract is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:
The name of the “CONSULTANT” is as follows:
Incorporated in the State of (Name of State)
The Project Manager for the “CONSULTANT” will be (Name) The name of the “LOCAL AGENCY” is as follows:
The Contract Administrator for LOCAL AGENCY will be (Name) B. The work to be performed under this contract is described in Article II entitled Statement of Work and the approved CONSULTANT’s Cost Proposal dated (Date) . The approved CONSULTANT’s Cost Proposal is attached hereto (Attachment I) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this contract, this contract shall take precedence.
C. CONSULTANT agrees to indemnify and hold harmless LOCAL AGENCY, its officers, agents, and employees from any and all claims, demands, costs, or liability arising from or connected with the services provided hereunder due to negligent acts, errors, or omissions of CONSULTANT. CONSULTANT will reimburse LOCAL AGENCY for any expenditure, including reasonable attorney fees, incurred by LOCAL AGENCY in defending against claims ultimately determined to be due to negligent acts, errors, or omissions of CONSULTANT.
D. CONSULTANT and the agents and employees of CONSULTANT, in the performance of this contract, shall act in an independent capacity and not as officers or employees or agents of LOCAL AGENCY.
E. Without the written consent of LOCAL AGENCY, this contract is not assignable by CONSULTANT either in whole or in part.
F. No alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.
G. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.
ARTICLE II STATEMENT OF WORK
(INSERT APPROPRIATE STATEMENT OF WORK INCLUDING A DESCRIPTION OF THE DELIVERABLES) A. Consultant Services
Detail based on the services to be furnished should be provided by CONSULTANT. Nature and extent should be verified in the negotiations to make precise statements to eliminate subsequent uncertainties and misunderstandings. Reference to the appropriate standards for design or other standards for work performance stipulated in consultant contract should be included. Describe acceptance criteria, and if the responsible consultant/engineer shall sign all Plans, Specifications and Estimate (PS&E) and engineering data furnished under the contract including registration number.
Environmental documents are not considered complete until a Caltrans District Senior Environmental Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No Local Assistance Procedures Manual EXHIBIT 10-R
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Significant Impact, or the Caltrans District Director signs the Record of Decision [see Chapter 6, “Environmental Procedures” in the LAPM, and the Standard Environmental Reference].
B. Right of Way
State whether Right of Way requirements are to be determined and shown by CONSULTANT, whether land surveys and computations with metes and bounds descriptions are to be made, and whether Right of Way plots are to be furnished.
C. Surveys
State whether or not the CONSULTANT has the responsibility for performing preliminary or construction surveys.
D. Subsurface Investigations
State specifically whether or not CONSULTANT has responsibility for making subsurface investigations. If borings or other specialized services are to be made by others under the supervision of CONSULTANT, appropriate provisions are to be incorporated. Archaeological testing and data recovery guidance can be found in the Standard Environmental Reference.
E. Local Agency Obligations
All data applicable to the project and in possession of LOCAL AGENCY or another agency, or government that are to be made available to CONSULTANT are referred to in the contract. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly.
F. Conferences, Visits to Site, Inspection of Work
The contract provides for conferences as needed, visits to the site, and inspection of the work by representatives of the state, or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.
G. Checking Shop Drawings
For contracts requiring the preparation of construction drawings, make provision for checking shop drawings.
Payment for checking shop drawings by CONSULTANT may be included in the contract fee, or provision may be made for separate payment.
H. Consultant Services During Construction
The extent, if any of CONSULTANT’s services during the course of construction as material testing, construction surveys. etc., are specified in the contract together with the method of payment for such services.
I. Documentation and Schedules
Contracts where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the contract objectives.
J. Deliverables and Number of Copies
The number of copies of papers or documents to be furnished, such as reports, brochures, sets of plans, specifications, or Right of Way plots is specified. Provision may be made for payment for additional copies.
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ARTICLE III CONSULTANT’S REPORTS OR MEETINGS
(Choose either Option 1 or Option 2)
(Option 1 - Use paragraphs A & B below for standard contracts) A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the contract.
(Option 2 - Use paragraphs A & B below for on-call contracts) A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order.
These reports shall be submitted at least once a month. The report should be sufficiently detailed for LOCAL AGENCY’s Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s).
ARTICLE IV PERFORMANCE PERIOD (Verbatim)
(A time must be set for beginning and ending the work under the contract. The time allowed for performing the work is specified; it should be reasonable for the kind and amount of services contemplated; and it is written into the contract. If it is desirable that Critical Path Method (CPM) networks, or other types of schedules be prepared by CONSULTANT, they should be identified and incorporated into the contract. (Choose either Option 1 or Option 2)
(Option 1 - Use paragraphs A & B below for standard and on-call contracts) A. This contract shall go into effect on (Date) , contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The contract shall end on (Date) , unless extended by contract amendment.
B. CONSULTANT is advised that any recommendation for contract award is not binding on LOCAL AGENCY until the contract is fully executed and approved by LOCAL AGENCY. (Option 2 - Use paragraph C below in addition to paragraphs A & B above for on-call contracts) C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this contract, the terms of the contract shall be extended by contract amendment.
ARTICLE V ALLOWABLE COSTS AND PAYMENTS (Verbatim)
(Choose either Option 1, 2, 3, or 4)
(Option 1 - Use paragraphs A through J below for Actual Cost-Plus-Fixed Fee contracts. Use Exhibit 10-H, Example #1 for Cost Proposal Format)
A. The method of payment for this contract will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental Local Assistance Procedures Manual EXHIBIT 10-R
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costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work.
CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by contract amendment.
In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and contract is required, the contract time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by contract amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “H” shall not be exceeded, unless authorized by contract amendment.
B. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $ (Amount) The fixed fee is nonadjustable for the term of the contract, except in the event of a significant change in the scope of work and such adjustment is made by contract amendment.
C. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.
D. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.
E. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs.
A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this Contract in accordance with the provisions of Article VI Termination.
F. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this contract.
G. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this contract number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase of this contract. The final invoice should be submitted within 60 calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
(LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
H. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $ (Amount) .
I. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and is approved by LOCAL AGENCY’s Contract Administrator.
For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. (Option 2 - For Cost per Unit of Work contracts, replace paragraphs A & B of Option 1 with the following paragraphs A, B, and C and re-letter the remaining paragraphs. Adjust as necessary for work specific to your project. Use Exhibit 10-H, Example #3 for Cost Proposal Format) Local Assistance Procedures Manual EXHIBIT 10-R
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A. The method of payment for the following items shall be at the rate specified for each item, as described in this Article. The specified rate shall include full compensation to CONSULTANT for the item as described, including but not limited to, any repairs, maintenance, or insurance, and no further compensation will be allowed therefore.
B. The specified rate to be paid for vehicle expense for CONSULTANT’s field personnel shall be $ (Amount) per approved Cost Proposal. This rate shall be for a fully equipped vehicle, with radio and flashing yellow light (if needed), as specified in Article II of this contract.
The specified rate to be paid for equipment shall be, as listed in Attachment (Inser_t Attachment Number) .
C. The method of payment for this contract, except those items to be paid for on a specified rate basis, will be based on cost per unit of work. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment-rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for, by contract amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY approved overhead rate set forth in the approved Cost Proposal. In the event, LOCAL AGENCY determines that changed work from that specified in the approved Cost Proposal and contract is required; the actual costs reimbursable by LOCAL AGENCY may be adjusted by contract amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I,” shall not be exceeded unless authorized by contract amendment. (Option 3 - Use paragraphs A through P for Specific Rates of Compensation contracts [such as on-call contracts]. Use Exhibit 10-H, Example #2 for Cost Proposal Format) A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in CONSULTANTs Cost Proposal (Attachment Number). The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fee. These rates are not adjustable for the performance period set forth in this Contract.
B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the cost proposal and identified in the cost proposal and in the executed Task Order.
C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders.
D. After a project to be performed under this contract is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review.
CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT.
E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s Cost Proposal.
F. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal.
G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.
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H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.
I. CONSULTANT shall not commence performance of work or services until this contract has been approved by LOCAL AGENCY, and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this contract.
J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY.
K. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in triplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than 45 calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable.
Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this contract number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase of this contract, must be reimbursed by CONSULTANT prior to the expiration or termination of this contract. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
(NAME OF LOCAL AGENCY/ NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this Contract.
M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment.
N. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.
O. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement.
P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this contract shall not exceed $ (Amount) . It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this contract through Task Orders. (Option 4 - Use paragraphs A through E below for lump sum contracts. Use Exhibit 10-H, Example #1 for Cost Proposal Format)
A. The method of payment for this contract will be based on lump sum. The total lump sum price paid to CONSULTANT will include compensation for all work and deliverables, including travel and equipment described in Article II Statement of Work of this contract. No additional compensation will be paid to CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between CONSULTANT and LOCAL AGENCY. Adjustment in the total lump sum compensation will not be effective until authorized by contract amendment and approved by LOCAL AGENCY.
B. Progress payments may be made monthly in arrears based on the percentage of work completed by CONSULTANT. If CONSULTANT fails to submit the required deliverable items according to the schedule Local Assistance Procedures Manual EXHIBIT 10-R
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set forth in the Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this Contract in accordance with the provisions of Article VI Termination.
C. CONSULTANT shall not commence performance of work or services until this contract has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this contract.
D. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference this contract number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase of this contract. The final invoice should be submitted within 60-calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
(NAME OF LOCAL AGENCY/ NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
E. The total amount payable by LOCAL AGENCY shall not exceed $ (Amount) .
ARTICLE VI TERMINATION (Verbatim)
A. LOCAL AGENCY reserves the right to terminate this contract upon thirty (30) calendar days written notice to CONSULTANT with the reasons for termination stated in the notice.
B. LOCAL AGENCY may terminate this contract with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, LOCAL AGENCY may proceed with the work in any manner deemed proper by LOCAL AGENCY. If LOCAL AGENCY terminates this contract with CONSULTANT, LOCAL AGENCY shall pay CONSULTANT the sum due to CONSULTANT under this contract prior to termination, unless the cost of completion to LOCAL AGENCY exceeds the funds remaining in the contract. In which case the overage shall be deducted from any sum due CONSULTANT under this contract and the balance, if any, shall be paid to CONSULTANT upon demand.
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS (Verbatim) A. CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items.
B. CONSULTANT also agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by CONSULTANT to LOCAL AGENCY.
ARTICLE VIII RETENTION OF RECORDS/AUDIT (Verbatim)
For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; CONSULTANT, subconsultants, and LOCAL AGENCY shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of Local Assistance Procedures Manual EXHIBIT 10-R
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administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract.
The state, State Auditor, LOCAL AGENCY, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of CONSULTANT and it’s certified public accountants (CPA) work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested.
ARTICLE IX AUDIT REVIEW PROCEDURES (Verbatim)
A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by agreement, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.
B. Not later than 30 days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this contract. (The following AUDIT CLAUSE must be inserted into all contracts of $150,000 or greater) D. CONSULTANT and subconsultant contracts, including cost proposals and ICR, are subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the contract, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, state, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The contract, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY contract manager to conform to the audit or review recommendations.
CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the contract by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, state or local governments have access to CPA work papers, will be considered a breach of contract terms and cause for termination of the contract and disallowance of prior reimbursed costs. (The following AUDIT CLAUSE must be inserted into all contracts of $3,500,000 or greater).
E. CONSULTANT Cost Proposal is subject to a CPA ICR Audit Work Paper Review by Caltrans’ Audit and Investigation (Caltrans). Caltrans, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the contract terms and cause for termination of the contract and disallowance of prior reimbursed costs.
1. During a Caltrans’ review of the ICR audit work papers created by the CONSULTANT’s independent CPA, Caltrans will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If Caltrans identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at a provisional ICR until a FAR compliant ICR {e.g. 48 CFR, part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Local Assistance Procedures Manual EXHIBIT 10-R
A&E Sample Contract Language
January 2018
Association of State Highways and Transportation Officials Audit Guide; and other applicable procedures and guidelines}is received and approved by A&I. Provisional rates will be as follows:
a. If the proposed rate is less than 150% - the provisional rate reimbursed will be 90% of the proposed rate.
b. If the proposed rate is between 150% and 200% - the provisional rate will be 85% of the proposed rate.
c. If the proposed rate is greater than 200% - the provisional rate will be 75% of the proposed rate.
2. If Caltrans is unable to issue a cognizant letter per paragraph E.1. above, Caltrans may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. Caltrans will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.
3. If the CONSULTANT fails to comply with the provisions of this Section E, or if Caltrans is still unable to issue a cognizant approval letter after the revised independent CPA-audited ICR is submitted, overhead cost reimbursement will be limited to the provisional ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this provisional ICR will become the actual and final ICR for reimbursement purposes under this contract.
4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) Caltrans approves or rejects the original or revised independent CPA-audited ICR; (2) all work under this contract has been completed to the satisfaction of LOCAL GAENCY; and, (3) Caltrans has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICETO local agency no later than 60 days after occurrence of the last of these items.
The provisional ICR will apply to this contract and all other contracts executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.
ARTICLE X SUBCONTRACTING (Verbatim)
A. Nothing contained in this contract or otherwise, shall create any contractual relation between LOCAL AGENCY and any subconsultant(s), and no subcontract shall relieve CONSULTANT of its responsibilities and obligations hereunder. CONSULTANT agrees to be as fully responsible to LOCAL AGENCY for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by CONSULTANT. CONSULTANT’s obligation to pay its subconsultant(s) is an independent obligation from LOCAL AGENCY’S obligation to make payments to the CONSULTANT.
B. CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by LOCAL AGENCY’s Contract Administrator, except that, which is expressly identified in the approved Cost Proposal.
C. CONSULTANT shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to CONSULTANT by LOCAL AGENCY.
D. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this contract to be applicable to subconsultants.
E. Any substitution of subconsultant(s) must be approved in writing by LOCAL AGENCY’s Contract Administrator prior to the start of work by the subconsultant(s).
ARTICLE XI EQUIPMENT PURCHASE (Verbatim)
A. Prior authorization in writing, by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, Local Assistance Procedures Manual EXHIBIT 10-R
A&E Sample Contract Language
January 2018
equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service or consulting work not covered in CONSULTANT’s Cost Proposal and exceeding $5,000 prior authorization by LOCAL AGENCY’s Contract Administrator; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified.
C. Any equipment purchased as a result of this contract is subject to the following: “CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the contract, or if the contract is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.” 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project.
ARTICLE XII STATE PREVAILING WAGE RATES (Verbatim)
(Choose either Option 1 or Option 2)
(Option 1 - For contracts where a portion of the proposed work to be performed are crafts affected by state labor laws, use paragraphs A and B)
A. CONSULTANT shall comply with the State of California’s General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work.
B. Any subcontract entered into as a result of this contract, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations.
C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov. (Option 2 - Use only paragraph A below when all of the proposed work in the contract is performed by crafts not affected by state labor laws or are not contemplated for use) A. The State of California’s General Prevailing Wage Rates are not applicable to this contract.
Note: The Federal “Payment of Predetermined Minimum Wage” applies only to federal-aid construction contracts.
ARTICLE XIII CONFLICT OF INTEREST (Verbatim)
A. CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this contract, or any ensuing LOCAL AGENCY construction project.
CONSULTANT shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing LOCAL AGENCY construction project, which will follow.
Local Assistance Procedures Manual EXHIBIT 10-R
A&E Sample Contract Language