City Council Agenda November 19, 2024
CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET
PORTERVILLE, CALIFORNIA
NOVEMBER 19, 2024, 5:30 PM
The City of Porterville is allowing for electronic viewing of City Council Meetings. Porterville City Council Meetings will be live streamed on YouTube at https://www.youtube.com/@cityofporterville4149
Alternatively, this meeting will also be available via Zoom as a courtesy using the following information
City of Porterville – City Council Meeting of November 19, 2024 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/84738287903?pwd=LBY1c9lrObLGdYAc7PTdmDchIYwZYa.1 Or via Telephone: 1-669-900-6833 Webinar ID: 847 3828 7903 Passcode: 024674 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 54956.95 – Liability Claim: Claimant: Guadalupe Herrera. Agency claimed against: City of Porterville.
2 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: City of Porterville v. Tulare County Regional Transit Agency and Abul Hassan, Tulare County Superior Court Case No. VCU312913, and related cross-action.
3 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Pastor Isabel Vela v. Porterville Police Department, Tulare County Superior Court Case No. PCU311765.
4 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Amber Moreno v. City of Porterville et al., U.S. District Court, Eastern District, Fresno Division, Case No. 1:21-CV-00865-JLT-BAM.
City Council Agenda November 19, 2024
5 - 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 plaintiffs.
6 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Two (2) Cases. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION
TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Vice Mayor Carrillo
Invocation
ORAL COMMUNICATIONS
This is the opportunity to address the Council on any matter of interest, whether on the agenda or not. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.
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 - November 7, 2024
2. Library & Literacy Commission - November 12, 2024
3. Arts Commission
4. Animal Control Commission
5. Youth Commission - November 13, 2024
6. Transactions and Use Tax Oversight Committee (TUTOC) II. Staff Informational Reports
1. Water Conservation Phase IV Status Update - October 2024
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. Approval of Draft Minutes of November 5, 2024
Re: Considering approval of the City Council draft Minutes of November 5, 2024.
2. Authorization to Repair City Well No.15
City Council Agenda November 19, 2024
Re: Consideration of approval for the repair of City Well No. 15, located on the South West Corner of Morton Ave. and G St. by Carver Pump, for an amount not to exceed $11,518.
3. Authorization to Replace Police Vehicle
Re: Consideration to authorize staff to purchase one 2024 Ford Explorer Police Interceptor for $48,460.00 plus tax, license, and fees; and the purchase of emergency equipment upfit for the vehicle, including Motorola radio, in the amount of $23,932.29.
4. Authorization to Amend Approved Purchase of Routeware Waste Collection Equipment In-Cab Technology and Billing Systems
Re: Council to consider the correction to the authorization of purchase price for Routeware Waste Collection Equipment In-Cab Technology and Billing Systems software and equipment.
5. Authorization to Reject All Bids for Mini Side Load Refuse Truck RFP No. 24- 25-SR1985 and Reissue with Revised Specifications
Re: Council to consider rejecting all bids for RFP No. 24-25-SR1985 for two miniside load refuse trucks and direct staff to reissue the RFP with revised specifications to meet budgetary requirements.
6. Amendment No. 1 to 4Creeks, Inc. Newcomb Street & Mulberry Avenue Traffic Signal Design Service Agreement
Re: Consideration to authorize Addendum No. 1 to the 4 Creeks, Inc. Service Agreement at an agreed-upon fee of $10,861, for the design of an extension of an existing storm drain main along Newcomb Street from approximately 550 feet (550') north of Mulberry Avenue southward to this intersection, related to the Newcomb Street & Mulberry Avenue Traffic Signal Project.
7. Authorization to enter into General Services Agreement with Western Pump, Inc. for Fuel System Upgrades
Re: Consider the approval of a General Services Agreement with Western Pump, Inc. for fuel system upgrades at the City Corporation Yard and Porterville Airport at a total project cost not to exceed $365,000.
8. Authorization to enter into General Services Agreement with Northern United Fence for Security Fencing Project
Re: Consideration to approve a General Services Agreement with Northern United Fence for the installation of security fencing at the City's Corporation Yard, at a total project cost not to exceed $150,000.
9. Authorization to enter into General Services Agreement with BigBelly Solar, LLC for Trash Receptacles Project
Re: Consideration to approve a General Services Agreement with Bigbelly Solar, LLC for providing trash receptacles to enhance waste management efforts within city limits, at a total cost not to exceed $270,000.
10. Request for Authorization to Extend the Zero-Fare Program for Public Transportation Services
City Council Agenda November 19, 2024
Re: Consider authorizing the extension of the zero-fare program for fixed-route and ADA paratransit services until June 30, 2025, supporting increased transit access and operational efficiency during the ongoing development of a regional fare system.
11. Reauthorization of Professional Services Agreement with Clean Energy for Compressed Natural Gas (CNG) Fueling Station Maintenance Services with FTA Terms and Conditions
Re: Consideration to approve the revised professional services agreement with Clean Energy for the maintenance of the City’s CNG fueling station.
12. Update and Approval of FY 2023 and FY 2024-25 Transit Programs and Transportation Development Act (TDA) Claims
Re: Consideration to approve revised FY 2023 TDA Claim and updated FY 2024-25 Transit Program of Projects to align with updated funding allocations and project priorities, ensuring compliance with Tulare County Association of Governments and Federal Transit Administration requirements.
13. Cooperative Agreement with Tulare County Association of Governments (TCAG) for SB 125 Program Funding
Re: Consider approval of a Cooperative Agreement with the Tulare County Association of Governments (TCAG) for the allocation of SB 125 Program funds which will provide $11,000,000 in funding for the City’s Zero-Emission Maintenance Facility Project.
14. Request For Will Serve Letter - 1065 E. Cleo Ave.
Re: Considering approval and issuance of a Will Serve Letter to authorize a second water service connection at the property.
15. Approval of Community Civic Event - Rotary Club of Porterville and Porterville Chamber of Commerce - Children's Christmas Parade – December 5, 2024 (Alternatively on December 12, 2024, in the Event of Rain) 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 on December 5, 2024, or alternatively on December 12, 2024, in the event of rain, on December 5, from 7:00 PM to 9:00 PM.
16. Council Member Requested Agenda Item - Consideration of "Merry Christmas" Banner for Main Street
Re: Consideration to add to the Council Agenda of December 3, 2024, an item to consider the purchase and installation of a "Merry Christmas" banner for Main Street.
17. Status and Review of Declaration of Local Flood Emergency Re: Review of the Declaration of Local Emergency made on March 13, 2023, concerning the significant weather event and impacts relative to flood event.
SECOND READINGS
18. Second Reading - Ordinance No. 1908, Amending Series 200 of the Porterville Development Ordinance
Re: Amending Series 200, Section 201.02 of the Porterville Development Ordinance regarding off-site parking in Residential Zone districts.
City Council Agenda November 19, 2024
SCHEDULED MATTERS
19. Consideration of Establishing a Standing Cannabis Committee Re: Council to consider abolishing the Ad Hoc Cannabis Committee and considering the establishment of a standing Cannabis Committee to review cannabis-related matters.
AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code § 53232.3.
1. CalVANS - November 14, 2024
2. Porterville Area Development Authority (PADA)- November 15, 2024
3. Tulare County Association of Governments (TCAG) - November 18, 2024
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 meeting of December 3, 2024, at 5:30 p.m.
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 – NOVEMBER 19, 2024
SUBJECT: 1. Water Conservation Phase IV Status Update - October 2024 SOURCE: Public Works
COMMENT: The City has continued to implement an active water conservation approach, conserving water and providing flexibility to the community.
As of October 1, 2024, the City transitioned from Phase III to Phase IV of its Water Conservation Plan. The plan applies to all municipal water users within or outside the city limits.
The Phase IV plan decreases 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 on 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.
Violations of prohibited activities are considered infractions and are punishable by fines of up to $500 each day 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 process all reported issues. Enforcement statistics for September 2024 show that five (5) notices of violations were issued for water waste, and no administrative citations were issued.
Water production for October 2024 shows a three percent (3%) decrease from the five-year average. The monthly production for October was 312 million gallons, which is a twenty-two percent (22%) decrease compared to October 2013, when it was 402 million gallons.
Residential consumption for October 2024 was 113 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 October 2015 through October 2024. Porterville's cumulative total production conservation through October 2024 is twenty percent (20%). The cumulative total of GPCD for the City of Porterville's conservation efforts will be reflected from October 2015 through October 2024. Porterville's cumulative total GPCD conservation through October 2024 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 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 urban water conservation performance with a preparedness to implement conservation standards as necessary.
California Governor Gavin Newsom signed 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 excessive drought conditions. Water production for the City system shows a two percent (2%) increase from October 2023 to October 2024.
California Governor Gavin Newsom issued another Executive Order N7-22 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 (20%). The City of Porterville's Water Conservation Plan Phase IV meets the requirements for this shortage (Level 2). California Governor Gavin Newsom signed Executive Order N-3-23 on February 13, 2023, stating the state has experienced one of the wettest three-week periods on record. With this order, California Governor Gavin Newsom removed the need to voluntarily reduce water use by fifteen percent (15%), as stated in the previous Executive Order N-10-21.
RECOMMENDATION: Information Only
ATTACHMENTS: 1. Monthly Production Status October 2024
2. Monthly Production Status GPCD October 2024
3. Drought Response Phase III Flyer -
4. Drought Response Phase IV Flyer
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, 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 October 2024 Production Comparison to 2013 & 5 Year Average 2013
2020
2021
2022
2023
2024
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 October 2024 Gallon Per Capita Day Comparison to 2013 & 5 Year Average 2013
2020
2021
2022
2023
2024
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 – NOVEMBER 19, 2024
SUBJECT: Approval of Draft Minutes of November 5, 2024
SOURCE: Administrative Services
COMMENT: Presented for Council's approval are the draft Minutes of November 5, 2024.
RECOMMENDATION: That the Council approve the draft Minutes of November 5, 2024.
ATTACHMENTS: 1. Draft Minutes of November 5, 2024
Appropriated/Funded:
Review By:
Department Director:
Yuliana Andrade, Administrative Services Director
Final Approver: Yuliana Andrade, Administrative Services Director
CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET
PORTERVILLE, CALIFORNIA
NOVEMBER 5, 2024, 5:30 PM
Call to Order: 5:30 p.m.
Roll Call: Council Member Greg Meister, Council Member Raymond Beltran, Council Member Donald Weyhrauch, Vice Mayor Kellie Carrillo, Mayor Martha A. Flores
ORAL COMMUNICATIONS
• Ed McKervey, Porterville, expressed his ongoing concern about the selection of a City Manager before the upcoming election.
• Stan Green, Porterville, hopes that the City Council will postpone their decision on a City Manager until the new city council is in place.
• Josh Flowers, Strathmore, believes that the council should interview all six candidates but ultimately let the new council choose the next City Manager. • Jesse Vasquez, Porterville, agrees that the new council should be responsible for selecting the City Manager.
• AJ Rivas, Porterville, questioned why the council cannot wait until the new council is seated to decide the new City Manager.
CITY COUNCIL CLOSED SESSION:
A. Closed Session Pursuant to:
1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 253-160-064, 253-160-065, 253-160-068, 253-160-069, 253-160-070, 261-125-018, 261-125-019, And 261-125-020. Agency Negotiator:
Patrice Hildreth and Jason Ridenour. Negotiating Parties: City of Porterville and James Gregory Shelton. Under Negotiation: Terms and Price. 2 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: Porterville Municipal Airport, Lot 9. Agency Negotiator: Julia Lew. Negotiating Parties: City of Porterville and Arrow Falcon Industries. Under Negotiation: Terms and Price.
3 - Government Code Section 54956.95 – Liability Claim: Claimant: Khamphouk Inthavong. Agency Claimed Against: City of Porterville. 4 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Pastor Isabel Vela v. Porterville Police Department, Tulare County Superior Court Case No. PCU311765.
5 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel -- Existing Litigation: Hill International, Inc. v. City of Porterville, Tulare County Superior
Court Case No. PCU309701.
6 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: City of Porterville v. Tulare County Regional Transit Agency and Abul Hassan, Tulare County Superior Court Case No. VCU312913. 7 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant exposure to Litigation: Five (5) cases in which facts are not yet known to potential plaintiffs.
8 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Two (2) cases. 9 - Government Code Section 54957 - Public Employment: City Manager. 6:36 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION
TAKEN IN CLOSED SESSION
Council Member Greg Meister left the meeting at the end of Closed Session.
City Attorney Lew reported action pertaining to A-3, as follows:
A3.On a MOTION made by Council Member Greg Meister, and SECONDED by Mayor Martha A. Flores the City Council unanimously rejected the claim filed by Khamphouk Inthavong.
Documentation: M.O. 01-110524
Disposition: Claim rejected.
The Pledge of Allegiance was led by Council Member Weyhrauch.
Invocation – a member of the public came forward to speak.
PRESENTATIONS
Employee of the Month - Dratin Wood
Outstanding Business Honoree
ORAL COMMUNICATIONS
• Kathleen Harris, Porterville, provided the council with an Animal Control Commission report.
• Brock Neeley, Porterville, spoke of his recent participation and experience at the Porterville Police Department Trunk or Treat event.
• Porterville Exchange Club gave introductions and presented the City Council with the donation of the Veterans Day Parade Banner.
REPORTS
I. Staff Informational Reports
1. Charitable Car Washes Quarterly Report Calendar Year 2024
2. Code Enforcement Quarterly Report Fiscal Year 2024-2025 (July - September 2024)
3. City Council Member Appointments Attendance Quarterly Report FY 2024-2025 (July - September 2024)
4. City Commission And Committee Attendance Quarterly Report FY 2024-2025 (July - September 2024)
5. Building Permit Activity Quarterly Report FY 2024-2025 (July - September 2024)
6. Golf Course Quarterly Report Fiscal Year 2024-2025 (July - September 2024)
7. Street Performance Measure Quarterly Report FY 2024-2025 (July - September 2024)
CONSENT CALENDAR
There were no items pulled from the Consent Calendar for discussion.
COUNCIL ACTION: MOVED by Vice Mayor Kellie Carrillo, SECONDED by Council Member Raymond Beltran that the City Council approve Items Nos. 1-
25. AYES: Beltran, Weyhrauch, Carrillo, Flores
NOES: None
ABSTAIN: None
ABSENT: Meister
1. APPROVAL OF DRAFT MINUTES OF OCTOBER 15, 2024
Recommendation: That the Council approve the draft Minutes of October 15, 2024.
Documentation: M.O. 02-110524
Disposition: Approved.
2. APPROVAL OF REPAIRS TO FIRE ENGINE
Recommendation: That the City Council approve payment to Burton's Fire, Inc. for a total cost of $11,531.11 for repairs to a Porterville Fire Department Fire Engine.
Documentation: M.O. 03-110524
Disposition: Approved.
3. AUTHORIZATION TO UPFIT POLICE VEHICLE
Recommendation: That the City Council authorize payment to Cook's Communication for the listed upfit equipment in the amount of $17,272.73.
Documentation: M.O. 04-110524
Disposition: Approved.
4. AUTHORIZATION TO PURCHASE VEHICLE TO SUPPORT
ENCAMPMENT ABATEMENT
Recommendation: That the City Council authorize the purchase of a 2024 Chevrolet Silverado 1500, to support encampment abatement, from American Chevrolet for $48,772.72.
Documentation: M.O. 05-110524
Disposition: Approved.
5. AUTHORIZATION TO PURCHASE SIDELOADER GRIPPER ASSEMBLY Recommendation: That the City Council:
1. Authorize the purchase of the side loader lower gripper assembly from One Source Parts at a cost not to exceed $7,854 (inclusive of all parts, taxes, freight, and a 10% contingency); and
2. Authorize payment upon receipt of parts.
Documentation: M.O. 06-110524
Disposition: Approved.
6. AUTHORIZATION TO PURCHASE AN AUTO THEFT INVESTIGATION
VEHICLE
Recommendation: That the City Council:
1. Authorize staff to identify and enter negotiations for the purchase of a vehicle up to a cost of $50,000 with a 10% contingency. If needed, the 10% contingency would be funded by the police department's vehicle depreciation account.
2. Authorize payment upon satisfactory delivery of the vehicle.
Documentation: M.O. 07-110524
Disposition: Approved.
7. AUTHORIZATION TO PURCHASE VETERANS DAY RUN PARTICIPANT SHIRTS
Recommendation: That the City Council approve the purchase of the Veterans Day Run race shirts from Axiom Graphics at a cost of $11.20 per unit, plus an
$2.00 more per unit for any size above extra large.
Documentation: M.O. 08-110524
Disposition: Approved.
8. AUTHORIZATION TO PURCHASE TECHNOLOGY EQUIPMENT FOR THE
COUNCIL CHAMBERS
Recommendation: That City Council approve the purchase of the technology equipment from GovConnection, Inc., to support the technology upgrades in the Council Chambers, at a cost of $12,664.72, with an additional ten percent (10%) contingency of $1,266.47, for a total of $13,931.19.
Documentation: M.O. 09-110524
Disposition: Approved.
9. AUTHORIZATION TO DISTRIBUTE REQUEST FOR PROPOSALS -
IMPACT AND CONNECTION FEE NEXUS STUDY
Recommendation: That the City Council authorize staff to distribute a Professional Services Request for Proposals for an Impact and Connection Fee Nexus Study.
Documentation: M.O. 10-110524
Disposition: Approved.
10. REIMBURSEMENT FOR MASTER PLAN IMPROVEMENTS (ADULT DAY HEALTHCARE CENTER LOCATED AT 262 N SECOND ST)
Recommendation: That the City Council authorize a reimbursement to Golden Valley Pipeline in a total amount not to exceed $80,000 from Water Revolving funds upon completion of the work and receipt of an approved invoice from the Engineering & Project Management Director.
Documentation: M.O. 11-110524
Disposition: Approved.
11. INTENT TO SET A PUBLIC HEARING - PARKS IMPACT FEES
Recommendation: That City Council direct the City Clerk to notice a Public Hearing to consider the implementation of the City of Porterville's Parks Impact Fees update at the meeting of January 21, 2025.
Documentation: M.O. 12-110524
Disposition: Approved.
12. CITY EASEMENT CONVEYANCE TO SOUTHERN CALIFORNIA EDISON (SCE) COMPANY - WELL NO. 34
Recommendation: That the City Council:
1. Approve the draft Resolution Authorizing a Grant Deed of Easement to Southern California Edison Company;
2. Accept Southern California Edison's request to have the City convey an easement to extend electrical service and related facilities down Redondo Street to the Well No. 34 site;
3. Authorize the Mayor to sign the Grant of Easement; and
4. Authorize the City Engineer to mail the signed Grant of Easement to Southern California Edison company for recordation.
Documentation: Resolution No. 81-2024
Disposition: Approved.
13. AUTHORIZATION TO EXECUTE AGREEMENT - NAVIGATION CENTER
EXPANSION PROJECT
Recommendation: That the City Council:
1. Finds that construction and operation of the expansion of the Porterville Navigation Center as proposed herein is categorically exempt from the California Environmental Quality Act under CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures.
2. Authorizes the Mayor to execute the project contract with TMJ Construction, Inc of Bakersfield (as a "Joint Venture" with Andrew Goodwin Design) for the design and installation of the expansion to the Porterville Navigation Center in the amount of $2,459,994;
3. Authorizes progress payments up to one hundred percent (100%) of the contract amount; and
4. Directs staff to bring an item back to City Council at a future meeting to allocate the additional $305,994 needed to fully fund the construction portion of the project.
Documentation: M.O. 13-110524
Disposition: Approved.
14. AUTHORIZATION TO EXECUTE CONSULTANT AGREEMENT -
EMERGENCY OPERATIONS CENTER & PUBLIC SAFETY
HEADQUARTERS DESIGN
Recommendation: That the City Council:
1. Authorize the Engineering & Project Management Director to
execute the Consultant Service Agreement for the design of the Emergency Operations Center & Public Safety Headquarters Project with COAR Design Group in the amount of $1,172,500;
2. Authorize a design contract contingency in the amount of $77,500; and
3. Authorize progress payments up to one hundred percent (100%) of the contract amount.
Documentation: M.O. 14-110524
Disposition: Approved.
15. RENEWAL OF AIRPORT LEASE - SEWER OPERATING FUND
Recommendation: That the City Council approve the renewal of the Lease Agreement between the Sewer Operating Fund and the Airport Enterprise Fund and authorize the Mayor to sign said Lease Agreement.
Documentation: M.O. 15-110524
Disposition: Approved.
16. RENEWAL OF AIRPORT LEASE - SPORTS COMPLEX PARKING
Recommendation: That the City Council approve the renewal of the Lease Agreement between the City of Porterville and the Airport Enterprise Fund and authorize the Mayor to sign said Lease Agreement.
Documentation: M.O. 16-110524
Disposition: Approved.
17. CONSIDERATION OF APPROVAL FOR RENEWAL OF BUXTON RETAIL
RECRUITMENT SOFTWARE
Recommendation: That the City Council approve payment of the annual fee of $36,750 for Buxton retail recruitment software services through October 11, 2025.
Documentation: M.O. 17-110524
Disposition: Approved.
18. CONSIDERATION OF APPROVAL OF SIDE LETTER AGREEMENT FOR
THE MANAGEMENT CONFIDENTIAL SERIES
Recommendation: That the City Council:
1. Approve the side letter agreement amending the Employee Pay and Benefit Plan pertaining to the Management Confidential
Series employees; and
2. Authorize staff to execute the agreement and amend the Employee Pay and Benefit Plan to reflect the change.
Documentation: M.O. 18-110524
Disposition: Approved.
19. FINANCIAL STATUS REPORTS
Recommendation: That the City Council accept the Financial Status Reports as presented.
Documentation: M.O. 19-110524
Disposition: Approved.
20. QUARTERLY INVESTMENT PORTFOLIO
Recommendation: That the City Council accept the Quarterly Investment Portfolio Summary Report.
Documentation: M.O. 20-110524
Disposition: Approved.
21. REQUEST FOR DONATION OF SURPLUS FIRE HOSE TO US & MEXICO
FIREFIGHTERS UNITED FOUNDATION
Recommendation: That the City Council authorize the donation of surplus equipment to US & Mexico Firefighters United Foundation.
Documentation: M.O. 21-110524
Disposition: Approved.
22. APPROVAL OF COMMUNITY CIVIC EVENT - PORTERVILLE KIWANIS - HOLIDAY VENDOR MARKET - DECEMBER 1, 2024
Recommendation: That the City Council approve the Community Civic Event application from Porterville Kiwanis Club to hold the Holiday Vendor Market on December 1, 2024, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.
Documentation: M.O. 22-110524
Disposition: Approved.
23. CONSIDERATION OF RESCHEDULING THE COMMUNITY CIVIC EVENT - MOTHER'S UNITED AGAINST GANG VIOLENCE "UNITED BY
KINDNESS"
Recommendation: That the City Council authorize the rescheduling of the Mother's United Against Gang Violence "United by Kindness" event from Saturday, November 2, 2024, to Saturday, November 9, 2024.
Documentation: M.O. 23-110524
Disposition: Approved.
24. REQUEST FOR STREET CLOSURE: 30TH ANNUAL MYERS
CHRISTMAS MEMORIAL TREE LIGHTING - DECEMBER 10, 2024
Recommendation: That the City Council approve the closure of "E" Street, between Putnam and Cleveland Avenues, on December 10, 2024, from 5:00 p.m. to 9:00 p.m., subject to the specified conditions.
Documentation: M.O. 24-110524
Disposition: Approved.
25. STATUS AND REVIEW OF DECLARATION OF LOCAL FLOOD
EMERGENCY
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.
Documentation: M.O. 25-110524
Disposition: Approved.
PUBLIC HEARINGS
26. CONSIDERING ESTABLISHMENT OF FEES ASSOCIATED WITH THE
MAIN STREET BANNER PROGRAM
Recommendation: That the City Council:
1. Conduct a Public Hearing to solicit comment on the proposed Main Street over-the-street banner fees; and
2. Consider adoption of the draft Resolution approving the new Main Street over-the-street application permit processing fee of $20, and installation/removal fee of $300 if performed by City staff.
City Manager Hildreth introduced the item and Parks and Leisure Services Director Donnie Moore presented the staff report.
Mayor Flores opened the Public Hearing at 7:00 p.m. and closed the Public Hearing at 7:00 p.m. when no one came forward to speak.
COUNCIL ACTION: MOVED by Council Member Raymond Beltran, SECONDED by Council Member Donald Weyhrauch that the City Council adopt the draft resolution approving the new Main Street over-the-street application permit processing fees of $20.00 for the Main Street banner application permit and $300.00 for the installing and removal of Main Street banners.
AYES: Beltran, Weyhrauch, Carrillo, Flores
NOES: None
ABSTAIN: None
ABSENT: Meister
Documentation: Resolution No. 82-2024
Disposition: Approved.
27. CONSIDERATION OF AMENDMENT TO SERIES 200 OF THE
PORTERVILLE DEVELOPMENT ORDINANCE FOR FAMILY
HEALTHCARE NETWORK
Recommendation: That the City Council:
1.Hold the noticed public hearing and consider the testimony provided;
2. Find that the proposed project is exempt from CEQA under CEQA Guidelines Sections 15061(b)(3);
3.Consider the draft ordinance, an Ordinance of the City Council of the City of Porterville Amending Series 200 of the Porterville Development Ordinance Regarding Off-Site Parking in Residential Zone Districts; and
4.If so approved, give first reading by title only, and order the Ordinance to print.
City Manager Hildreth introduced the item and Contracted City Planner Jeff O'neal presented the staff report.
Mayor Flores opened the Public Hearing at 7:06 p.m. and closed the Public Hearing at 7:06 p.m. when no one came forward to speak.
COUNCIL ACTION: MOVED by Council Member Donald Weyhrauch, SECONDED by Mayor Martha A. Flores that the City Council find the the proposed project is exempt from CEQA under CEQA Guidelines Sections 15061(b)(3); and approve first reading of the ordinance being, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PORTERVILLE AMENDING SERIES 200, SECTION 201.02 OF THE
PORTERVILLE DEVELOPMENT ORDINANCE REGARDING THE
RESIDENTIAL ZONE DISTRICTS, waive further reading, and order the ordinance to print.
AYES: Beltran, Weyhrauch, Carrillo, Flores
NOES: None
ABSTAIN: None
ABSENT: Meister
Documentation: M.O. 26-110524
Disposition: Approved.
SCHEDULED MATTERS
28. AUTHORIZATION TO ADOPT THE PARKS MASTER PLAN
Recommendation: That the City Council:
1. Approve the Parks Master Plan as proposed; and
2. Approve the draft resolution authorizing the adoption of the Parks Master Plan.
City Manager Hildreth introduced the item and Engineering and Project Management Director Javier Sanchez presented the staff report.
COUNCIL ACTION: MOVED by Mayor Martha A. Flores, SECONDED by Vice Mayor Kellie Carrillo that the City Council adopt the draft resolution authorizing the adoption of the Parks Master Plan.
AYES: Beltran, Weyhrauch, Carrillo, Flores
NOES: None
ABSTAIN: None
ABSENT: Meister
Documentation: Resolution No. 83-2024
Disposition: Approved.
29. CONSIDERATION OF SPONSORSHIP OF 2024 TULE RIVER TRIBE POWWOW SCHEDULED FOR NOVEMBER 7-11, 2024
Recommendation: That the City Council consider sponsorship of the 2024 Tule River Tribe Powwow.
City Manager Hildreth introduced the item and Deputy City Manager Jason Ridenour presented the staff report.
COUNCIL ACTION: MOVED by Council Member Raymond Beltran, SECONDED by Mayor Martha A. Flores that the City Council approve the sponsorship of $5,000 for the upcoming Annual TuleRiver Powwow scheduled to take
place November 7-11, 2024, at the Eagle Mountain Casino.
AYES: Beltran, Weyhrauch, Carrillo, Flores
NOES: None
ABSTAIN: None
ABSENT: Meister
Documentation: M.O. 27-110524
Disposition: Approved.
AB 1234 REPORTS
1. Tulare County Taskforce on Homelessness - October 16, 2024 – no report was provided.
2. Tulare County Association of Governments (TCAG) - October 21, 2024 Mayor Flores stated that the meeting progressed quickly and highlighted two key items of importance: the adoption of a resolution approving the Transportation Development Act Claim for the City of Porterville and the resolution approving the Porterville UZA 5307 Split Letter.
3. Tulare County Economic Development Corporation (TCEDC) - October 23, 2024 Mayor Flores reported on those in attendance, a presentation that was provided, a project and client services update, and staff updates.
ORAL COMMUNICATIONS
None.
OTHER MATTERS
• Council Member Beltran praised Pizza Factory as the Outstanding Business Honoree, shared his happiness about the safe Halloween, and encouraged citizens to vote. • Council Member Weyhrauch discussed the Quarterly Reports, praised the work on the Parks Master Plan, and highlighted the effective management of city resources and funds.
• Vice Mayor Carrillo congratulated Dratin Wood, the Employee of the Month recipient, as well as the Outstanding Business Honoree Pizza Factory; she expressed her excitement for the upcoming Veterans Day Run and Parade; and additionally, she addressed a comment made by a member of the public during Oral Communications, stating that the remarks were false and inaccurate.
• Mayor Flores expressed gratitude to Vice Mayor Carrillo for her comments, while also noting Carrillos' conflict of interest regarding the Tule River Tribe. The Mayor confirmed that Vice Mayor Carrillo has not participated in any related decisions. Additionally, Mayor Flores recognized several individuals for their contributions to the city, including Human Resources Aide Aileen Calderon, Acting Chief Deputy City Clerk Fernando Gabriel-Moraga, and Executive Assistant Lori Halleck. She reiterated her previous remarks at council meetings concerning candidates wishing to campaign for council
seats. The Mayor expressed pride in the city’s accomplishments and mentioned her involvement in various events, such as the League of California Cities Conference, an interview with a Granite Hills High School student, and community events like the Domestic Violence Candlelight Vigil and the Día de los Muertos celebration. • City Manager Patrice Hildreth reminded the council of the police department's upcoming swearing-in ceremony.
• Deputy City Manager Jason Ridenour wished everyone a good evening.
CLOSED SESSION
None.
ADJOURNMENT –
The Council adjourned at 7:39 p.m. to the meeting of November 19, 2024, at 5:30 p.m.
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
SEAL
Martha A. Flores, Mayor
Item No. 2.
CITY COUNCIL AGENDA – NOVEMBER 19, 2024
SUBJECT: Authorization to Repair City Well No.15
SOURCE: Public Works
COMMENT: City Well No.15, located on the southwest corner of Morton Avenue and G Street, has experienced a failure of its submersible motor. To satisfy the City's water system demands, it is imperative that all wells are operational, making it essential that Well No.15 be repaired immediately to restore the City’s overall water system pressure and production capabilities.
Staff contacted three (3) local pump companies for quotes to replace the submersible motor and repair parts. The quotes are as follows:
Carver Pump Service $10,471
Zim Industries $11,796
S.A. Camp Pump and Drilling
Company
$13,613
Carver Pump submitted the lowest quote, securing the quote for the motor and repair parts for City Well No.15. In addition, the repair parts are immediately available, expediting the repair of City Well No.15. The Water Department Staff will perform all the repairs and install the submersible motor.
The Water Operating Fund will fund the total project cost, not exceeding $11,518 (including all parts, taxes, and a 10% contingency).
RECOMMENDATION: That City Council:
1. Direct the Finance Director to initiate a Purchase Order to Carver Pump for an amount not to exceed $11,518
(inclusive of all parts, taxes, and contingency) for the replacement parts for City Well No. 15; and
2. Direct the Finance Director to make payment to Carver Pump upon receipt of the invoice approved by the Public Works Director.
ATTACHMENTS: 1. City Well No. 15 Location Map
Item No. 2.
2. Carver Pump Service Quote
3. S. A. Camp Pump And Drilling Company Quote
4. Zim Industries Inc. Quote
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
CITY WELL 15
ENGINEERING DIVISION
CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 CITY WELL 15 N G ST
W HARRISON AVE
W CLEVELAND AVE
W MORTON AVE N HAWAII ST N EL GRANITO ST N E ST
BARTLETT
MIDDLE SCHOOL
ST. ANNE'S
SCHOOL
Estimate #
Date
Customer
Address
1-855-6CARVER
CALIFORNIA CONTRACTOR'S
LICENSE - C61 D21 #547257 Telephone
AMOUNT
$ 10,470.79
CARVER PUMP SERVICE CUSTOMER
Salesman Purchaser
Jeffrey Demacabalin
Approved by Address
COP
11/5/2024
Acceptance of this proposal is an agreement by the customer to pay in full for all services within 30 days of the date invoiced. Carver pump will charge, and customer agrees to pay, finance charges of 2 percent per month on the unpaid balance.
2- #8 splice kits
we will warranty motor for 1year as long as a carver employee inspects splice before COP installs motor in well.
TOTAL
sub toatal
SALES TAX
2- #6 splice kits
DESCRIPTION
1- 60hp 480v 3ph hitachi sub motor
350ft #4 sub cable
2- #4 splice kits
CARVER
PUMP SERVICE
139 North Cain Street
Visalia, California 93292
(559) 622-0622
S. A. CAMP PUMP AND DRILLING COMPANY
P.O. BOX 82575 BAKERSFIELD CA 93380-2575
17876 ZERKER RD BAKERSFIELD CA 93308
PHONE (661) 399-2976 FAX (661) 399-8063 CA LIC# 346951
----ESTIMATE----
CUSTOMER: CITY OF PORTERVILLE DATE: 9/25/24
ATTN: JOHNNY PHONE: 559-756-3515
__________________________________________________________________________________________
QTY DESCRIPTION AMOUNT
__________________________________________________________________________________________ 1 60 HP 480 VOLT 3 PHASE HITACHI SUB MOTOR
350' #4 WIRE
2 #4 SPLICE KITS
2 #6 SPLICE KITS
2 #8 SPLICE KITS
TOTAL AMOUNT FOR THE ABOVE MATERIAL
AND 9-1/4% SALES TAX... 13,612.55
NOTE: WARRANTY FOR SUB MOTOR IS ONE YEAR
NOTE: THE ABOVE PRICE DOES NOT INCLUDE DELIVERY
NOTE: S. A. CAMP PUMP CO CANNOT AND DOES NOT
GUARANTEE WATER QUALITY OR QUANTITY
THE ABOVE ESTIMATE AMOUNT MAY CHANGE DUE TO
UNFORSEEN VENDOR PRICING.
QUOTED BY: JOSE FELIX
JF/jr
CITY COUNCIL AGENDA – NOVEMBER 19, 2024
SUBJECT: Authorization to Replace Police Vehicle
SOURCE: Police
COMMENT: In October 2024, Unit # 3337, a 2014 Dodge Charger, was involved in a not-at-fault on-duty collision. The estimated cost to repair this vehicle was estimated to be between $3,500 and $6,500. The vehicle currently has over 90,000 miles and is over 10 years old. As such, the vehicle is due for replacement as it is at its end of life.
Department staff requests authorization to purchase a replacement vehicle through Phil Long Dealership under their National Government Fleet Sales Contract. The Department is requesting authorization to purchase this vehicle per Resolution 35-93, which authorizes no-bid purchases through a cooperative purchase program. The Department has identified Phil Long Dealership as a provider of such a program for the desired vehicle, available under The Interlocal Purchasing System Contract #220304. Phil Long Dealership is a current City-authorized vendor and has vehicles available under their National Government Fleet Sales Master Contract #220304. Phil Long Dealership is a turn-key source for police vehicles and has provided a quote of $48,460.00. This price does not include the upfitting of emergency vehicle equipment.
The vehicle is a new pursuit-rated 2024 Ford Interceptor Explorer model, which the dealership has in stock. It was determined that the Interlocal Purchasing System Contract for the purchase of this Ford Explorer was the best available price and the only known readily available vehicle and is the standard by which many agencies are purchasing their fleet vehicles. This contract price is available to the City.
In addition to the vehicle, department staff is requesting to upfit the vehicle with the necessary emergency equipment, Motorola radio and other tools before placing the vehicle into service.
Staff is requesting that the City Council authorize the negotiation for the purchase of the Ford Explorer up to a total cost of $48,460.00, which is based on the Manufacturer’s Suggested Retail Price minus the applicable government discount. The upfit of the vehicle with emergency equipment including a police Motorola radio, will cost $23,932.29; however, several components may be able to be salvaged from the crashed police unit, which could reduce the aforementioned costs.
Through sound fiscal management and savings in the Police Department's vehicle depreciation, the funds for this vehicle and associated equipment are available through the department's Equipment Replacement Fund. Due to the unique purchasing parameters, staff is requesting a 10% contingency based on the total purchasing price and associated equipment total of $72,392.29.
RECOMMENDATION: That the City Council:
1. Authorize staff to purchase one 2024 Ford Explorer
Police Interceptor for $48,460.00 plus tax, license, and fees; and
2. Authorize staff to purchase emergency equipment,
including Motorola radio, for $23,932.29 and provide
payments upon satisfactory delivery of the police vehicle and upfit of the emergency equipment.
ATTACHMENTS: 1. Porterville PD 2024 Non Eco-Boost PIU Quote 10-29- 24 2. Porterville PD 2024 PIU Window Sticker
3. UPFIT Cooks Estimate- Porterville PD 24 FPIU Patrol
4. RADIO QUOTE-2878240-1APX6500UHFE5Remote
Appropriated/Funded:
Review By:
Department Director:
Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, City Manager
QUOTE NUMBER 102924-1
QUOTE DATE October 29, 2024
Agency PO #.
CES PO#
TERMS Due on Receipt
SALES REP Herman Sanchez
QUOTE TO: Porterville Police Department SHIPPED VIA Driver ATTN: Lt. Mark Azevedo F.O.B.
PREPAID or COLLECT
Crash Replacement
2024 Ford Police Explorer Interceptor Non Eco- Boost Exterior: Agate Black
QUANTITY DESCRIPTION UNIT PRICE AMOUNT
1 48,310.00 $48,310.00
Engine Idle, Reverse Sensing, BLIS, Global Unlock, Keyless Entry) 1 Available Government Discount (1,800.00) ($1,800.00)
1 Transport To: 350 North D Street 1,950.00 $1,950.00
Porterville, CA 93257
** Vehicles will not come with hubcaps due to Manufacturer No longer making hubcaps**
48,460.00
Proposal valid for 30 Days
$48,460.00
DIRECT ALL INQUIRIES TO: Phil Long Ford of Denver Total Herman Sanchez 7887 W. Tufts Ave. AMOUNT
(505) 250-9388 Denver, CO 80123
email: [email protected]
THANK YOU FOR YOUR BUSINESS!
PRICE AGREEMENT : T.I.P.S. (The Interlocal Purchasing System) # 220304 Additional Information:
Ford Utility Interceptor, Mid Size, four Door, AWD Police Pursuit Rated (Incl. Dark Car Feature, Driver Side Spotlight, Backup Camera, Police 10/29/2024
Fuel Economy and Environment
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QR Code™
fueleconomy.gov
Calculate personalized estimates and compare vehicles
Annual fuel cost Fuel Economy & Greenhouse Gas Rating (tailpipe only) Smog Rating (tailpipe only) You
over 5 years
compared to the
average new vehicle.
1917 23 5.3
Gasoline: 414 miles
Ethanol (E85): 305 miles
gallons per 100 miles
Driving Range
Standard SUVs range from 13 to 102
MPG. The best vehicle rates 140 MPGe.
Values are based on gasoline and do not
reflect performance and ratings based on
E85. $4,500
$2,850
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This vehicle emits 462 grams CO per mile. The best emits 0 grams per mile (tailpipe only). Producing and 2 distributing fuel also create emissions; learn more at fueleconomy.gov.
Actual results will vary for many reasons, including driving conditions and how you drive and maintain your vehicle. The average new vehicle gets 28 MPG and costs $9,750 to fuel over 5 years. Cost estimates are based on 15,000 miles per year at $3.60 per gallon. This is a dual fueled automobile. MPGe is miles per gasoline gallon equivalent. Vehicle emissions are a significant cause of climate change and smog.
Fuel Economy
combined city/hwy
MPG
city highway
spend
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CHI-007089 CO 9-NORMAL,NB,007089,RA251 15641 120240204
BLEND 2494 W
CERT CERT CERT TRD RAMP BUMP CAMP BOOK EXFL ROTA 1FM5K8AB7 RGA27632 NB FU13
VEHICLE DESCRIPTION
POLICE INTERCEPTOR RG A27632
2024 UTILITY AWD EXTERIOR
119" WHEELBASE AGATE BLACK METALLIC
3.3L TI-VCT V6 FFV ENGINE INTERIOR
10-SPEED AUTO TRANSMISSION EBONY CLOTH FRT/VINYL REAR
1202402042494
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Phil Long Ford of Denver, LLC TOTAL MSRP 7887 W. Tufts Ave.
Denver CO 80123
56A 002
Phil Long Ford of Denver, LLC 56A 002
7887 W. Tufts Ave.
Denver CO 80123
CHICAGO TDM
3400 E. 126TH ST
CHICAGO IL
CZ08
SOLD TO RAMP ONE
SHIP TO (IF OTHER THAN SOLD TO) RAMP TWO
SHIP THROUGH
$48,310.00
FINAL ASSEMBLY PLANT
CHICAGO
METHOD OF TRANSP.
CONVOY
ITEM #:
56-R524 O/T 5B
RA251 N RB 2X 415 007089 01 25 24
SPECIAL ORDER
INCLUDED ON THIS VEHICLE
EQUIPMENT GROUP 500A
OPTIONAL EQUIPMENT/OTHER
.AM/FM STEREO
3.3L TI-VCT V6 FFV ENGINE - 2,830.00
10-SPEED AUTO TRANSMISSION NO CHARGE
AUX CLIMATE CONTROL 610.00
GLOBAL LOCK/UNLOCK NO CHARGE
50 STATE EMISSIONS NO CHARGE
COURTESY LAMP DISABLE 25.00
POLICE ENGINE IDLE FEATURE 260.00
DRIVER SIDE LED SPOT LAMP 395.00
BLIS (BLIND SPOT INFO SYSTEM) 545.00
KEYLESS ENTRY - 4 FOBS 340.00
4G LTE WI-FI HOTSPOT CREDIT - 20.00
STNLS STL HUB WHL CVR CREDIT - 50.00
REVERSE SENSING SYSTEM 275.00
FLEX-FUEL CAPABILITY
FRONT LICENSE PLATE BRACKET NO CHARGE
PRICE INFORMATION
BASE PRICE $47,165.00
TOTAL OPTIONS/OTHER - 450.00
____________
TOTAL VEHICLE & OPTIONS/OTHER 46,715.00
DESTINATION & DELIVERY 1,595.00
(MSRP)(MSRP)
STANDARD EQUIPMENT INCLUDED AT NO EXTRA CHARGE
EXTERIOR
18" H.D.STEEL WHEELS
255/60R18 A/S BSW
POLICE TIRES
CLASS III HITCH RECEIVER
DUAL EXHAUST SYSTEM
DUAL POWER MIRRORS
FULL SIZE 18" SPARE W/TPMS
HEADLAMPS - AUTO, LED
LOW/HIGH INCLUDES FRONT
HOUSING (W/ LED WIG-WAG)
KEY LOCKS (DR/PASS/LFTGT)
PRIVACY GLASS 2ND/3RD ROW
INTERIOR
35/30/35 SPLIT VINYL REAR
A/C W/AUTOMATIC CLIMATE
CONTROL, DUAL ZONE
BLACK VINYL FLOOR COVERING
CERTIFIED SPEEDOMETER
CLOTH BUCKET FRONT SEATS
CONSOLE MOUNTING PLATE
ENGINE HOUR / IDLE METER
HTD SANITIZATION SOLUTION
PWR DR SEAT/6-WAY/M LUMBAR
RED/WHITE TASK LIGHTING
SEATBACK INTRUSION PLATES
TILT/TELESCOPING STEERING
WHL W/ 4 CONFIGURABLE
LATCHING SWITCHES
UNIVERSAL TOP TRAY
FUNCTIONAL
AM/FM/MP3/BLUETOOTH & USB
COLUMN MOUNTED SHIFTER
ENGINE OIL COOLER
FULL-TIME ALL WHEEL DRIVE
SYSTEM
HEAVY DUTY SUSPENSION
HEAVY-DUTY 80-AMP BATTERY
INTERIOR TRUNK/LIFTGATE
RELEASE
POLICE BRAKES: 4 WHL DISC
W/ ABS & TRACTION CONTROL
POWER STEERING W/EPAS
REAR VIEW CAMERA
TRANSMISSION OIL COOLER
TRANSMISSION-10-SPEED AUTO
SAFETY/SECURITY
75 MPH REAR-CRASH TESTED
ADVANCETRAC™ WITH RSC®
AIRBAGS - FRONT AND SIDE
AIRBAGS - SAFETY CANOPY
SOS POST CRASH ALERT SYS
TIRE PRESSURE MONITOR SYS
WARRANTY
3 YR/36K MILE BUMPER-TO-
BUMPER WARRANTY
5 YR/100K MILE POWERTRAIN
CARE EXTENDED SERVICE PLAN
(ZERO DEDUCTIBLE)
Estimate
Customer No.:
Quote No.:
Quote To: Ship To:
Date Ship Via F.O.B. Terms
Purchase Order Number Sales Person Expiration Date
Quantity Item Number Description Unit Price Amount
10/30/24 Up-FIt Shop Origin Net 30
David Burchfield
City of Porterville City of Porterville
291 N Main St
Accounts Payable
Porterville, CA 93257-0000
291 N Main St
Porterville, CA 93257
PORTERVILLE
15849
160 North Broadway
Fresno, CA 93701-1592
Required
11/29/24
Phone:(559) 233-8818 (559) 268-8506
Fax:
Phone:(559) 782-7566
(559) 782-4050
Phone:
Email: Irene Anaya <[email protected]
2024 FORD FPI U
PATROL BUILD
UNIT# TBD
LIGHTBARS/LIGHTS/SIREN
lNNER EDGE PROMO PKG
BSFW50Z Whelen Inner Edge DUO
WeCanX FST
1 0.00 0.00
BSSP2ZJW Whelen Inner Edge Duo
FST Light Pkg 5/5
Promo Pkg
10 light, 5 Red/White Driver, 5 Blue/White
Passenger, DUO
1 1240.00 1240.00
BS508 Whelen RST WCX 8 Light
W|S/D Utility
1 0.00 0.00
BSSP2ZJA Whelen Inner Edge Duo
RST Light Pkg 5/5
Promo Pkg
10 light, 5 Red/ Amber Driver, 5 Blue/Amber
Passenger, DUO
1 1240.00 1240.00
CCTL7 Whelen WeCAN 21 Button
w/Slide Controller
1 0.00 0.00
C399 Whelen CENCOM CORE WCX
Control CenterAmp Module
1 1018.00 1018.00
C399K4 Whelen OBDII Canport Cable
Kit for Ford 2020 FPI U
1 0.00 0.00
1 SA315P Siren Speaker 0.00 0.00
SAK67D Whelen Siren Speaker Bracket
fits '20 FPI Utility
Drivers Side
1 0.00 0.00
CHWLFE29 Whelen WCX Howler System
Single Speaker
fits '20 FPI Utility
1 575.00 575.00
Thank You
Estimate
Customer No.:
Quote No.:
Quote To: Ship To:
Date Ship Via F.O.B. Terms
Purchase Order Number Sales Person Expiration Date
Quantity Item Number Description Unit Price Amount
10/30/24 Up-FIt Shop Origin Net 30
David Burchfield
City of Porterville City of Porterville
291 N Main St
Accounts Payable
Porterville, CA 93257-0000
291 N Main St
Porterville, CA 93257
PORTERVILLE
15849
160 North Broadway
Fresno, CA 93701-1592
Required
11/29/24
Phone:(559) 233-8818 (559) 268-8506
Fax:
Phone:(559) 782-7566
(559) 782-4050
Phone:
Email: Irene Anaya <[email protected]
VTX9J Whelen Vertex Super LED
(Red/Blue)
2 107.00 214.00
VTXFB Vertex LED Surface
Mount - Black
2 10.00 20.00
1 FHL-TAIL Rear Flasher- Alternating 94.00 94.00
CONSOLE EQUIPMENT
C-VS-1210-INUT Havis Mid-Height Angled
Console for 2020 Ford
FPI Utility
1 410.00 410.00
C-EB25-XTL-1P Havis 2.5" Faceplate
fits XTL2500/5000-05/APX7500
1 0.00 0.00
C-EB40-CCS-1P Havis Faceplate
1 Piece fits Whelen
CenCom Controller
1 0.00 0.00
1 C-FP-05 .5" Blank Havis Face Plate 0.00 0.00
5 C-FP-2 2" Blank Havis Face Plate 0.00 0.00
1 C-FP-1 1" Blank Havis Face Plate 0.00 0.00
1 C-CUP2-I Havis Dual Cup Holder 37.00 37.00
C-ARM-108 Havis Swing Away
Flip Up Arm Rest
1 173.00 173.00
1 AC-MCM1 Troy Mic Clip 15.00 15.00
MMSU-1 Magnetic Mic
Conversion Kit
1 42.00 42.00
1 C-ML-MLB-LED Havis Gooseneck LED Maplight 45.00 45.00 1 DC5E8Q-25MB Cat5 Patch Cable 25' 19.00 19.00
CUSTOMER PROVIDED
DOCKING STATION FOR
DELL 7212./7220 TABLET
LPS-138 Havis Power Supply
for Docking Station
1 222.00 222.00
Thank You
Estimate
Customer No.:
Quote No.:
Quote To: Ship To:
Date Ship Via F.O.B. Terms
Purchase Order Number Sales Person Expiration Date
Quantity Item Number Description Unit Price Amount
10/30/24 Up-FIt Shop Origin Net 30
David Burchfield
City of Porterville City of Porterville
291 N Main St
Accounts Payable
Porterville, CA 93257-0000
291 N Main St
Porterville, CA 93257
PORTERVILLE
15849
160 North Broadway
Fresno, CA 93701-1592
Required
11/29/24
Phone:(559) 233-8818 (559) 268-8506
Fax:
Phone:(559) 782-7566
(559) 782-4050
Phone:
Email: Irene Anaya <[email protected]
C-DMM-3015 Havis Dash Monitor Mount
fits '20 FPI Utility
1 429.00 429.00
C-MD-112 Havis 11" Slide Out
Locking Sling Arm
11" Slide Out Locking Swing Arm with Motion
Adapter
1 279.00 279.00
PKG-KB-2001 Havis Rugged Keyboard
w/Mount
1 565.00 565.00
MISC HARDWARE
BK0534ITU20 Setina PB400 VS Bumper
fits '20 FPI Utility
1 475.00 475.00
PK1134ITU20 Setina #8XL Partition
1/2 Poly - 1/2 coated metal
Stationary Window
1 832.00 832.00
GK10271U Setina Single T Rail
Weapon Mount 1 XL Lock
Old p/n GK10271UXLSSCA
1 319.00 319.00
WK0514ITU20 Setina Window Barrier
Steel Vertical
1 280.00 280.00
DK0100ITU20 Setina TPO Black Plastic
Door Panels
1 280.00 280.00
QK0566ITU20 Setina #12 Rear Partition
Coated Poly w/replacement
Seat & CP Seat Belts
1 1402.00 1402.00
CP-UV20-CARGO Troy Utility Cargo Mount
w/Gas Shocks
fits '20 FPI Utiltiy
1 760.00 760.00
MISC ITEMS/ELECTRICAL
1 LP450NMO 450mhz Dome Antenna 64.00 64.00
NMO58U-NC NMO Coax Kit
w/ 17' of RG58
1 19.00 19.00
Thank You
Estimate
Customer No.:
Quote No.:
Quote To: Ship To:
Date Ship Via F.O.B. Terms
Purchase Order Number Sales Person Expiration Date
Quantity Item Number Description Unit Price Amount
10/30/24 Up-FIt Shop Origin Net 30
David Burchfield
City of Porterville City of Porterville
291 N Main St
Accounts Payable
Porterville, CA 93257-0000
291 N Main St
Porterville, CA 93257
PORTERVILLE
15849
160 North Broadway
Fresno, CA 93701-1592
Required
11/29/24
Phone:(559) 233-8818 (559) 268-8506
Fax:
Phone:(559) 782-7566
(559) 782-4050
Phone:
Email: Irene Anaya <[email protected]
1 RFU6001 Mini UHF Connector RG58 5.00 5.00
7615B-BSS Blue Seas Solenoid/Timer.
120amp 12vdc
1 123.00 123.00
5029B-BSS 12 Circuit Water Resistant
Fuse Block w/Cover
1 42.00 42.00
5029 FPI MNT BRKT Mounting Bracket for 5029
Fuse Block.
Fits '13 FPI Utility
1 50.00 50.00
7187B-BSS Bussman 100amp
Resettable Circuit Breaker
1 47.00 47.00
3 5080 Relay 14.00 42.00
RQA5000C QMA Male Connector
fits RG58
1 15.00 15.00
MATERIALSFEE3 Installation Material
Bundle
1 300.00 300.00
LAISREG Shop Installation
Complete Admin Build
2024 FORD FPI U
33.000 160.00 5280.00
Install Customer Provided
Motorola Radio
S/N#
Cradlepoint
Axon Camera System
Subtotal
Freight charges
Sales tax @ 7.75000%
Total
16972.00
500.00
906.13
18378.13
We appreciate your continued patronage
Thank You
Billing Address:
PORTERVILLE, CITY OF
291 N MAIN ST
PORTERVILLE, CA 93257
US
Shipping Address:
PORTERVILLE, CITY OF
291 N MAIN ST
PORTERVILLE, CA 93257
US
Quote Date:11/01/2024
Expiration Date:01/30/2025
Quote Created By:
Ronald Taylor
Ronald.Taylor1@
motorolasolutions.com
End Customer:
PORTERVILLE, CITY OF
Mark Azevedo
[email protected]
559.782.7424
Contract: 17724 - HGAC (TX)-RA05-21
Payment Terms:30 NET
Line # Item Number Description Qty List Price Disc % Sale Price Ext. Sale Price APX™ 6500 / Enh Series ENHANCEDAPX6500
1 M25QSS9PW1BN APX6500 ENHANCED UHF
R1 MOBILE
1 $3,383.12 27.0% $2,469.68 $2,469.68
1a G48BD ENH: CONVENTIONAL
OPERATION APX6500
1 $550.00 27.0% $401.50 $401.50
1b G67DT ADD: REMOTE MOUNT E5
APXM
1 $327.00 27.0% $238.71 $238.71
1c G78AT ENH: 3 YEAR ESSENTIAL
SVC
1 $288.00 0.0% $288.00 $288.00
1d GA01606AA ADD: NO BLUETOOTH/
WIFI/GPS ANTENNA
NEEDED
1 $0.00 0.0% $0.00 $0.00
1e B18CR ADD: AUXILIARY SPKR 7.5
WATT APX
1 $66.00 27.0% $48.18 $48.18
1f G843AH ADD: AES ENCRYPTION
AND ADP
1 $523.00 27.0% $381.79 $381.79
1g G426AD ADD: ANT 1/4 WAVE WHIP
450-470 MHZ
1 $28.00 27.0% $20.44 $20.44
1h G444AH ADD: APX CONTROL HEAD
SOFTWARE
1 $0.00 0.0% $0.00 $0.00
1i G806BL ENH: ASTRO DIGITAL CAI
OP APX
1 $567.00 27.0% $413.91 $413.91
QUOTE-2878240
APX6500 UHF E5 Remote
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Line # Item Number Description Qty List Price Disc % Sale Price Ext. Sale Price 1j GA01670AA ADD: APX E5 CONTROL
HEAD
1 $717.00 27.0% $523.41 $523.41
1k W22BA ADD: STD PALM
MICROPHONE APX
1 $79.00 27.0% $57.67 $57.67
1l QA09113AB ADD: BASELINE RELEASE
SW
1 $0.00 0.0% $0.00 $0.00
1m W969BG ENH: MULTIKEY
OPERATION
1 $363.00 27.0% $264.99 $264.99
Subtotal $5,108.28
Estimated Tax $445.88
Grand Total $5,554.16(USD)
Notes:
QUOTE-2878240
APX6500 UHF E5 Remote
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Purchase Order Checklist
Purchase Order Checklist
Marked as PO/ Contract/ Notice to Proceed on Company Letterhead (PO will not be processed without this)
PO Number/ Contract Number
PO Date
Vendor = Motorola Solutions, Inc.
Payment (Billing) Terms/ State Contract Number
Bill-To Name on PO must be equal to the Legal Bill-To Name Bill-To Address
Ship-To Address (If we are shipping to a MR location, it must be documented on PO) Ultimate Address (If the Ship-To address is the MR location then the Ultimate Destination address must be documented on PO )
PO Amount must be equal to or greater than Order Total
Non-Editable Format (Word/ Excel templates cannot be accepted) Bill To Contact Name & Phone # and EMAIL for customer accounts payable dept Ship To Contact Name & Phone #
Tax Exemption Status
Signatures (As required)
Item No. 4.
CITY COUNCIL AGENDA – NOVEMBER 19, 2024
SUBJECT: Authorization to Amend Approved Purchase of Routeware Waste Collection Equipment In-Cab Technology and Billing Systems SOURCE: Public Works
COMMENT: On September 17, 2024, the City Council approved a staff report authorizing the purchase of in-cab technology and billing systems for the Refuse Division to improve operational efficiency, enhance customer service, ensure accurate billing, and increase operator safety. However, following a detailed review of the costs associated with this project, it was determined that the original report underestimated the total project costs. The purpose of this staff report is to amend and update the total costs of the project to reflect the accurate amounts as outlined in the attached Routeware and Recyclist quotes.
The City of Porterville’s Refuse Division provides curbside and commercial garbage, organics, and recycling collection services to approximately 16,200 service addresses. The in-cab technology system integrates hardware, software, and professional services to support refuse collection operations. The system will enable staff to improve customer service by decreasing missed stops, balancing routes for better efficiency, and ensuring compliance with the State-mandated SB 1383.
This system includes:
Hardware (tablets, cameras, and power kits)
Software applications for real-time data tracking
Billing systems
Professional services for installation, training, and support The Routeware hardware, professional services, and monthly subscriptions will be purchased through the Houston-Galveston Area Council (HGACBuy) cooperative purchasing program. HGACBuy is a government procurement service that helps streamline purchasing by offering competitively awarded contracts to local governments and other public entities across the nation.
The Recyclist and ReCollect portions of the project, which includes program tracking and data services, will be purchased through the Sourcewell cooperative purchasing program. Sourcewell is a Item No. 4.
government agency that provides cooperative purchasing solutions to help local governments obtain competitive bids and secure cost savings.
Based on the attached Routeware and Recyclist quotes, the total onetime cost for hardware and professional services, including a 10% contingency, amounts to $150,871.60, with annual recurring costs for subscriptions and maintenance services totaling $226,899.84 per year.
Key Cost Breakdown:
One-Time Costs:
Total hardware, implementation, and installation fees: $137,156 10% contingency: $13,715.60
Total One-Time Cost: $150,871.60
Annual Recurring Costs:
Monthly subscription fees (e.g., cellular data, video system, EasyRoute, ReCollect, Recyclist, and user subscriptions) total $18,908.32 per month and $226,899.84 annually.
Total Project Cost for the First Year:
Combining one-time costs and the first year of recurring fees, the total project cost for the first year is $377,771.44.
Total Anticipated Cost Over Three Years:
The total anticipated cost of the project over the three-year period, including the one-time expenses and three years of recurring subscription fees, is calculated as follows:
One-Time Cost: $150,871.60 (includes contingency)
Recurring Costs (Year 1): $226,899.84
Recurring Costs (Year 2): $226,899.84
Recurring Costs (Year 3): $226,899.84
Total Anticipated Cost for Three Years: $831,571.12
The contract for this system is planned for an initial three-year term, with automatic renewal for successive one-year terms. The City may opt-out with 30 days written notice prior to the auto-renewal date. Funding for this project's one-time purchase is available through the Refuse Division’s Equipment Replacement Fund and recurring subscription fees will be funded by the Refuse Division's Operating Budget.
RECOMMENDATION: It is recommended that the City Council:
1. Approve the updated and corrected annual project
cost of in-cab technology and billing systems for the
Refuse Division at an initial one-time cost of
Item No. 4.
$150,871.60 (including a 10% contingency), and a
recurring annual subscription fee of $226,899.84;
2. Approve the purchase of the Routeware portion of the project (hardware, professional services, and monthly
subscriptions) through the Houston-Galveston Area Council (HGACBuy) cooperative purchasing program, with a total
purchase order amount of $320,951.60 for the first year (one-time cost of $139,871.60 plus an annual recurring cost of $181,080.00);
3. Approve the purchase of the Recyclist and ReCollect
portions of the project (customer engagement, program
tracker and data services) through the Sourcewell
cooperative purchasing program, with a total purchase
order amount of $56,819.84 for the first year (one-time cost of $11,000.00 plus an annual recurring cost of $45,819.84);
4. Authorize the Public Works Director to enter into a
contract for a three-year term with an automatic renewal clause for successive one-year terms, with the option for the City to opt out by providing written notice 30 days prior to renewal;
5. Approve the procurement of the in-cab technology
system through the HGACBuy and Sourcewell cooperative
purchasing programs, as authorized by California
Government Code § 6502 and City of Porterville Resolution No. 35-93; and
6. Authorize the Finance Director to make any necessary budget amendments or transfers to effectuate this
purchase.
ATTACHMENTS: 1. Previous Routeware Staff Report - 091724
2. Reso 35-93_4-20-93 (1)
3. Routeware Quote
4. Routeware-Recyclist Quote
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
Item No. 2.
CITY COUNCIL AGENDA – SEPTEMBER 17, 2024
SUBJECT: Authorization to Purchase Routeware Waste Collection Equipment In-Cab Technology and Billing Systems
SOURCE: Public Works
COMMENT: The City of Porterville’s Refuse Division provides curbside and commercial garbage, organics, and recycling collection services to approximately 16,200 service addresses within the incorporated areas of the City. To improve operational efficiency, enhance customer service, ensure accurate billing, and increase operator safety, the Public Works Department has identified the need for an in-cab technology system.
This system will integrate hardware, software, and professional services to support refuse collection operations. The technology will enable staff to improve customer service by decreasing the number of go-backs and missed stops, continuing compliance with the State-mandated SB 1383, and balancing routes for better efficiency. Given the large scale of refuse collection services in Porterville, the implementation of in-cab technology is critical to modernizing operations and addressing growing service demands.
The proposed in-cab technology system will include the installation of hardware in vehicles, software applications for real-time data tracking, billing and professional services for installation, training, and ongoing support. This system will also be integrated with the City’s existing systems to ensure a seamless transition and continued operations.
The contract for this system is planned for an initial three-year term, with an automatic renewal policy for successive one-year terms. Should the City wish to opt-out, a written notice must be provided 30 days before the auto-renewal date.
Funding for this project is available through the Refuse Division’s Equipment Replacement Fund. The initial cost for the in-cab technology system is $192,514.32, with a 10% contingency to cover any unforeseen costs associated with installation or system integration. The system also requires a monthly subscription fee of $15,090.00, covering ongoing support, data services, and software updates.
City Departments are authorized to purchase goods and services through cooperative purchasing programs, pursuant to California Government Code § 6502 and the City of Porterville Resolution No. 35-93, which was adopted by the City Council on April 20, 1993. This authorization allows the City to Item No. 2.
participate in cooperative purchasing programs with other agencies for the procurement of materials, equipment, and services, resulting in cost savings and faster procurement timelines. Staff is recommending to purchase Routeware, Inc. software, hardware and professional services through the Sourcewell awarded contract, contract number 041521-RCS. Sourcewell is a governmental agency offering cooperative purchase contracts for use by local governments.
All Sourcewell contracts have been competitively solicited, reviewed and evaluated by a committee and recommended to the Sourcewell Board of Directors for award.
RECOMMENDATION: That the City Council:
1. Approve the purchase of in-cab technology and billing system for the Refuse Division at an initial cost of
$192,514.32, including a 10% contingency, and a monthly subscription fee of $15,090.00;
2. Authorize the City Manager to enter into a contract for a three-year term with an automatic renewal clause for
successive one-year terms, with the option for the City to opt out by providing written notice 30 days prior to
renewal;
3. Approve the procurement of the in-cab technology system through a cooperative purchasing program, as authorized by California Government Code § 6502 and City of
Porterville Resolution No. 35-93; and
4. Authorize the Finance Director to make any necessary budget amendments or transfers to effectuate this
purchase.
ATTACHMENTS: 1. Quote
2. Reso 35-93_4-20-93
3. Routeware-Recyclist Order Form
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
Routeware, Inc.
16525 SW 72nd Ave
Portland, Oregon 97224
United States
Phone: (503) 906-8500
Email: [email protected]
Order Form
Order #: Q-06838-1
Agreement Term: 36 Months
Offer Good Through: 10/10/2024
Ship To
Briana Spry
City of Porterville - CA
291 N Main St
Porterville, California 93257
United States
(559) 782-7586
[email protected]
Bill To
City of Porterville - CA
291 N Main St
Porterville, California 93257
United States
SALESPERSON PHONE EMAIL PAYMENT TERMS
Kevin Hahn (650) 430-6012 [email protected] Net 10
Statement of Confidentiality & Non-Disclosure
This document contains proprietary and confidential information. All information and data submitted to City of Porterville - CA is provided in reliance upon its consent not to use or disclose any information contained herein except in the context of its business dealings with Routeware, Inc. The recipient of this document agrees to inform present and future employees of City of Porterville - CA who view or have access to its content of its confidential nature. The recipient agrees to instruct each employee that they must not disclose any information concerning this document to others except to the extent that such information is generally known to, and is available for use by, the public. The recipient also agrees not to duplicate or distribute or permit others to duplicate or distribute any material contained herein without Routeware, Inc.'s express written consent.
Routeware, Inc. retains all title, ownership and intellectual property rights to the material and trademarks contained herein, including all supporting documentation, files, marketing materials, and multi-media.
BY ACCEPTANCE OF THIS DOCUMENT THE RECIPIENT AGREES TO BE BOUND BY THE AFOREMENTIONED STATEMENT Q-06838-1 - 9/10/2024
Hardware
PRODUCT UNIT QTY UNIT PRICE EXTENDED
Heavy Duty Tablet 10" Android TA4PRO with Full
Install Kit - Price included in monthly service fee
Each 36 USD 0.00 USD 0.00
Actuator Kit for HD Android and Windows Each 19 USD 144.00 USD 2,736.00 Camera Controller (Camera Not Included) Each 29 USD 499.00 USD 14,471.00 Standard HD Camera for Camera Controller with
Cable
Each 116 USD 95.00 USD 11,020.00
Monitor for Camera Controller Each 2 USD 42.00 USD 84.00 Camera Power Kit Each 29 USD 40.00 USD 1,160.00
Video Service Hardware Each 29 USD 205.00 USD 5,945.00
Hardware Total: USD 35,416.00
Services
PRODUCT UNIT QTY UNIT PRICE EXTENDED
Vehicle Installation Each 36 USD 380.00 USD 13,680.00
Actuator Signal Installation Each 19 USD 190.00 USD 3,610.00 Camera System Installation Each 24 USD 380.00 USD 9,120.00 Additional Camera Installation Each 92 USD 190.00 USD 17,480.00 Routeware Professional Services Per Hour 160 USD 225.00 USD 36,000.00 EasyRoute Training Each 1 USD 5,000.00 USD 5,000.00
EasyRoute Support Service Pack (30 Hours) Each 1 USD 6,750.00 USD 6,750.00 Services Total: USD 91,640.00
Recurring Subscriptions
PRODUCT UNIT QTY UNIT PRICE EXTENDED
Cellular Data Charge (RD) Per Month 36 USD 15.00 USD 540.00 Auto Pickup System Fee Per Month 19 USD 20.00 USD 380.00 Picture Service Fee Per Month 29 USD 45.00 USD 1,305.00 Premium Video System Fee Per Month 29 USD 61.00 USD 1,769.00 eMobile Plus Per Month 36 USD 189.00 USD 6,804.00
Interface Support Per Month 1 USD 237.50 USD 237.50
EasyRoute Subscription Per Month 1 USD 2,524.50 USD 2,524.50 Q-06838-1 - 9/10/2024
PRODUCT UNIT QTY UNIT PRICE EXTENDED
Additional User Subscription Per Month 10 USD 153.00 USD 1,530.00 Recurring Subscriptions Total: USD 15,090.00
Q-06838-1 - 9/10/2024
Payment Terms -
Hardware is invoiced seven (7) days after execution of the Order.
Software Fees are invoiced thirty (30) days after the Contract Start Date Order (the “Effective Service Date”).
Recurring Subscriptions shall be invoiced quarterly in advance, commencing on the Effective Service Date and on each successive anniversary thereof.
For all other services, Company will submit invoices for services to the Customer by the 10th of the month following the month in which Company provided services and Company’s invoice will have a date, an invoice number, a purchase order number and a description of the goods or services.
Additional Terms:
If Data usage is greater than 1GB per vehicle per month, Routeware may limit network speeds or limit the actual downloading of video files.
Terms & Conditions Information
This Order and all products and services herein are subject to and limited to the terms and conditions located at https:// www.routeware.com/Clients. Any purchase orders issued in response to this Order, will be deemed acceptance of such terms. http://www.routeware.com/Clients Password: RWClient1!
Prices are exclusive of any federal, state, or local taxes. The customer is responsible for all federal, state, and local taxes.
This system requires a specific server to operate Routeware software, which may need to be purchased separately.
This system requires cellular connectivity for each vehicle which may need to be purchased separately.
If route sequencing by Routeware is a requirement, additional professional services fees may apply.
On-Board Computer software is sold as a perpetual license, allowing the license to be activated on replacement hardware.
Any lapse in support voids perpetual license.
Pricing does not include freight cost or travel expenses, which will be invoiced as they are incurred.
Professional Services Project Terms:
The hours included in this order and the accompanying Statement of Work represent our best estimate of hours required for the Project, based on our experience. You understand and agree that actual fees may differ. All fee and timeline estimates are based on the information provided to us to-date, including your system requirements and resource allocations. It does not account for presently unknown circumstances that create uncertainty. These include, for example, your level of participation, complexity of your processes and requirements, unknown system and data elements, changes in scope of work, changes in assumptions, delays caused by you or third parties, or other conditions outside of our reasonable control. We will notify you if we expect to exceed cost or timeline estimates, and this will be addressed through the change order process described below.
We will work with your Project Manager to help manage the scope of the Services within the estimate provided. However, both parties acknowledge and agree that actual fees may differ from this estimate. If we determine there has been a change in or unsuccessful completion of responsibilities or assumptions set forth in this Proposal, a change order may be required. In addition, any Project changes, including to address unknown circumstances, additional work requested by you or changed requirements, will require a Change Order. Change Orders may also impact the Project timeline. You understand that, in all instances, Routeware's compensation will be based upon the work actually performed and expenses actually incurred.
Subscription Hardware Additional Terms -
All Hardware on this Order sold as a subscription is the property of Routeware. Throughout the term of this Order and at no additional cost to the Customer, Routeware will repair or replace defective Subscription Hardware purchased on this Order with a comparable unit, provided that, in Routeware's sole determination, the unit has not been damaged beyond normal wear and tear. Normal wear and tear includes battery/component failure, scratches and superficial damage to the top, bottom, and corners of the unit. That not covered under the replacement program includes, but is not limited to, damage from (a) drops, (b) immersion in water, (c) cracked screens Q-06838-1 - 9/10/2024
caused by excess pressure or hard devices, or (d) deliberate damage to the unit. Unit replacement costs resulting from damage not covered by the warranty is the responsibility of Customer. Customer shall surrender to Routeware any computers that are replaced under this program. Notwithstanding any other agreements or clauses on this matter in this agreement or others, Routeware reserves the right to increase monthly service if, in Routeware's sole determination, units are routinely abused or mishandled to the point of failure. Refer to Section 7.2 of the Routeware Master Sales and License Agreement for additional warranty details. At the conclusion of the License Period, Customer shall return all Subscription Hardware to Routeware in good condition and working order. In the event the Customer does not return all Subscription Hardware, or the Subscription Hardware is damaged, lost, or stolen while in the Customer’s possession, the Subscription Hardware will be deemed sold to Customer, and Customer agrees to pay the then-current list price (plus any applicable taxes) upon receipt of an invoice.
Q-06838-1 - 9/10/2024
City of Porterville - CA
Signature: \s1\ Date:\d1\
Name (Print): \n1\ Title:\t1\
Routeware, Inc., and affiliates
Signature: \s3\ Date:\d3\
Name (Print): \n3\ Title:\t3\
Please sign and email to Kevin Hahn at [email protected]
FOR INTERNAL USE ONLY
Reviewed By:
\s2\
Q-06838-1 - 9/10/2024
16525 SW 72nd Ave.
Portland, OR 97224
www.Routeware Inc..com
(503) 906-8500 | Corporate Offices
(877) 906-8550 | Toll Free
(503) 906-8544 | Fax
ROUTEWARE INC. CONFIDENTIAL PAGE 1 OF 6
STATEMENT OF WORK
Purpose
This statement of work (“SOW”) and any addenda attached hereto, sets forth the deliverables associated with the Routeware Inc. implementation of licensed software/subscription services (hereafter “Product” or “Services”) as determined by the applicable Master Sales and License Agreement and Professional Services Agreement, hereafter “Agreement”, executed by the city of Porterville CA (“Licensee” or “Customer” or “Subscriber”) and Routeware Inc. (“Licensor” or “Provider”).
This SOW and attached Addenda set forth the scope and objectives, project stages, project governance and objectives, gate checks and lifecycle stages, and change management, applicable to the implementation of the Product or Services as further identified within the Routeware Inc. line of business below:
☒EnCore (CORE)
☒EasyRoute (ER)
Routeware Inc.’s Gate Checks
Routeware Inc. will develop a project plan to manage the implementation lifecycle and to report on progress. Any requests for deviations to the project plan will be documented, reviewed, and approved by the respective project managers for the Customer and Routeware Inc. In addition, a summary of requested changes will also be reviewed during the scheduled gate check reviews. Changes must be mutually approved by both parties.
As part of its standard and proven project execution, Routeware Inc. will structure the project into several phases designed to ensure success. Routeware Inc. will work collaboratively with the Customer to develop a plan that details requirements, assigns responsibilities, and sets due dates – to best achieve the goal of meeting the designated go-live date with a minimum of business disruption. From the onset of the project, Routeware Inc. will assign a core implementation team.
Routeware Inc. will execute gate check reviews at the completion of the Discover, Design, and Deploy stages of the project lifecycle. The gate check reviews provide the following:
ROUTEWARE INC. CONFIDENTIAL PAGE 2 OF 6
Stage 1 - Discover
The Discover stage includes the comprehensive planning and resource scheduling for the duration of the project, including a review of the approach and governance, the cadence for status reporting, and clarification of roles and responsibilities for Routeware Inc. and Customer project team members. It also includes the requirements confirmation interview, documentation, and approval, along with the initial solution configuration based on Routeware Inc.’s best practices for a specific Customer’s needs, and the import of Customer data.
Stage 2 - Design
The “future state” is documented, reviewed, and approved by the Customer, including a validation of the data imported, upon which time the environment is provisioned, the solution installed, and the Customer provided access to the solution. There will be progressive “targeted” training and begin the solution familiarization process for key users, along with the creation of a validation plan to be used during the Deploy stage. The Routeware Inc. team performs an internal verification that the solution, as configured, is operating properly, and aligns with the approved requirements and future state configuration, reaching the milestone referred to as being “solution complete”.
Stage 3 - Deploy
The Deploy stage includes scenario-based training, followed by the Customer’s end-to-end validation of the solution across business scenarios/use cases identified and configured during the Discover and Design stages. Scenario-based training - typically conducted with Customer-identified “super users” - follows a tell, show, do model, where the individual delivering the training outlines the scenario, then demonstrates the scenario, and finally the super users complete an end-to-end example themselves using the “happy path”, a clean, well-executed process without exceptions. Upon completion of the validation plan, the milestone of “solution acceptance” is confirmed by the Customer. At go-live there is final training and practice for end users and drivers, with a focus on what a user needs to do in the system to complete the duties of a particular role, including handling of typical “operational exceptions” encountered on a day-to-day basis. The final system cutover is performed and Routeware Inc. aids the Customer during the go live event and stabilization period, helping to triage, manage and resolve issues that may arise, followed by a transition to support, and project closeout.
Services
The scope of Services outlined below provides a breakdown of the key components and gate checks of the Routeware Inc. implementation and the corresponding deliverables provided by Routeware Inc. and the Customer.
Routeware Inc. Deliverables Customer Deliverables
Discover Key activities include:
● Project kick-off
● Develop implementation plan/key
milestones
● Complete pre-implementation documents
● Review, document, and approve business
requirements:
o Scenarios
Key activities include:
● Define/assemble project team
● Project planning
● Define measures of project success
Key deliverables include:
● Process questionnaires
ROUTEWARE INC. CONFIDENTIAL PAGE 3 OF 6
o Reporting
o Integrations
o Data workshop/Data import
Key deliverables include:
● Draft project plan
● Session agendas
● Documented business requirements
● Environment provisioning/solution
installation
● Provide documented process to
model recommended configuration
● Provide sample data sets
Design Key activities include:
● Define, configure, document and approve
future state
● Conduct status meetings
● Update project plan
● Install solutions(s)
● Targeted training on data maintenance,
transactions etc.
● Solution familiarization exercises
● Drafting solution validation plan
● Creation of scenario-based training plan
● Conduct status meetings
Key deliverables include:
● Data import (3 imports into test
environment)
● Solution configuration
o Users
o Customers
o Equipment
o Routes
o Codes
o Other applicable data
● Session agendas
● Targeted training
● Final solution configuration
● Design gate check
● Project plan revisions
Key activities include:
● Customer completes recommended
Product training
● Attend all system configuration
sessions
● Complete all action items after each
system configuration session
● Required configuration and testing
● Internal process review
● Attend all design sessions
● Complete solution familiarization
exercises
● Attend all status meetings
● Begin work on change management
activities
Key deliverables include:
● Approved business requirements
● Provide data for import
o Accepted file formats
include .csv or .xml
o Updated data sets as
required
● Approved future state
configurations
● Enumeration of test plans
● Solution familiarization activities
● Data maintenance
● Transaction practice
● Solution validation
● Usage documentation and/or
standard operating procedures
(SOPs)
● Approval/sign-off
Deploy Key activities include:
● Scenario-based super user training
● Solution validation (user acceptance
testing, UAT)
● Creation of end-user training plan
● Solution acceptance milestone
● Conduct status meetings
● Update project plan
Key activities include:
● Solution validation activities
● End-user training plans
● Approval/sign-off
● Solution acceptance
Key deliverables include:
● End-user training and practice
ROUTEWARE INC. CONFIDENTIAL PAGE 4 OF 6
● End-user training and practice
● Go-live cutover
● Issue management and stabilization
● Transition to support
● Project closeout
Key deliverables include:
● Scenario-based training
● Readiness gate check
● Project plan revisions
● Go-live cutover and stabilization assistance
● Issue management and resolution
● Transition to support
● Project closeout
● Issue triage and management
Assumptions
● All data to be imported will be provided in the Routeware Inc.-approved .csv, .sql or .xml format, and will not require transformation during the import process.
● The Customer will provide adequate resources and key decision makers required to meet tasks associated with implementation milestones.
● The Routeware Inc. project manager will be the primary contact throughout the project, will coordinate the efforts of implementation consultants and subject matter experts (SMEs) throughout the project, and will establish a cadence of status meetings with the Customer. ● The data import process will validate the integrity of the data, and exceptions provided back to the Customer for resolution prior to final import.
Out of Scope
● Interfaces – No interfaces to 3rd party applications are included in this estimate. ● Custom Reports – Reporting is robust across all Routeware Inc. solutions. If you require unique custom reports, those will be scoped separately with an estimate for your consideration.
SOW Change Order
Changes to a SOW will require a written change order signed by the parties prior to implementation of the changes. Such changes may include, for example, changes to the scope of work and any corresponding changes to the estimated fees and schedule for the performance of the applicable Services. Upon Routeware Inc.’s receipt of a change order request from the Customer, Routeware Inc. will promptly notify the Customer if Routeware Inc. believes that the change order request requires an adjustment to the fees or to the schedule for the performance of the applicable Services. In such an event, the parties will negotiate in good faith a reasonable and equitable adjustment to the fees and/or schedule, as applicable. During such negotiations, Routeware Inc. may continue to perform Services pursuant to the existing SOW and will have no obligation to perform Services pursuant to the change order request unless and until the parties have executed an applicable change order. Any time and materials that are required to evaluate a change order request are billable at Routeware Inc.’s then-current standard rates.
ROUTEWARE INC. CONFIDENTIAL PAGE 5 OF 6
Pricing
An estimate for the Routeware Inc. Professional Services stated herein is set forth in the Order Form(s) # Q-06838 and is based on time and materials required as related to the Product or Service, Routeware Inc.’s current understanding of the Customer’s business requirements, and the expected future state of the project or a fixed fee. Any new SOW or changes or requests for additional Services hereunder shall incur additional charges billed at Routeware Inc.’s then-current rates.
The estimated fees are provided for budgetary purposes only. Fees for Professional Services will be billed on either a time and materials or fixed fee basis, as specified below, and shall be payable to Routeware Inc. in consideration of the Professional Services provided under this SOW. ☒ EnCore - Time and Materials
☒ EasyRoute – Fixed Fee
Professional Services Description Hours Rate Total
Project Management Project planning, resource coordination, status reporting, budget, risk and issue management
40 $225 $9,000.00
Implementation
Consultant(s)
Requirements confirmation, solution
configuration, documentation, training, go live
assistance
60 $225 $13,500.00
Data Migration Initial data import 60 $225 $13,500.00
EasyRoute Implementation
Consultant
Requirements confirmation, solution
configuration, documentation, virtual and onsite training, go live assistance ----- ----- $5,000.00
EasyRoute Service Pack Each service pack includes 30-hours of Professional Services hours for ongoing system
training and support
----- ----- $6,750.00
TOTALS $47,750.00
Fees shall be payable in accordance with the terms of the governing Agreement. Fees do not include charges for any taxes imposed by any government authority on the provision of Professional Services to you, and you shall pay any such taxes upon our invoice, including without limitation any sales or use tax a governmental authority may impose on the provision of Professional Services to you (but excluding any taxes based upon our net income).
ROUTEWARE INC. CONFIDENTIAL PAGE 6 OF 6
In addition to paying the fees described above, you will reimburse us for reasonable travel, lodging and other expenses incurred in connection with Professional Services under this SOW, provided that such expenses shall not be reimbursable unless we have provided you with receipts or other documentation reasonably substantiating such expenses or costs as part of the reimbursement request. Final acceptance of this SOW will follow the formal quote which includes this document.
Confidentiality Statement
This SOW, including all attachments, copies, and derivatives thereof, is considered Routeware Inc. confidential information, and is subject to all obligations of confidentiality set forth in the Agreement.
Routeware, Inc.
16525 SW 72nd Ave
Portland, Oregon 97224
United States
Phone: (503) 906-8500
Email: [email protected]
Order Form
Order #: Q-07082-1
Agreement Term: 36 Months
Offer Good Through: 10/9/2024
Ship To
Briana Spry
City of Porterville, CA
291 N Main St
Porterville, California 93257
United States
(559) 782-7586
[email protected]
Bill To
City of Porterville, CA
291 N Main St
Porterville, California 93257
United States
SALESPERSON PHONE EMAIL PAYMENT TERMS
Sean Ostlund (503) 906-8530 [email protected] Net 10 Statement of Confidentiality & Non-Disclosure
This document contains proprietary and confidential information. All information and data submitted to City of Porterville, CA is provided in reliance upon its consent not to use or disclose any information contained herein except in the context of its business dealings with Routeware, Inc. The recipient of this document agrees to inform present and future employees of City of Porterville, CA who view or have access to its content of its confidential nature. The recipient agrees to instruct each employee that they must not disclose any information concerning this document to others except to the extent that such information is generally known to, and is available for use by, the public. The recipient also agrees not to duplicate or distribute or permit others to duplicate or distribute any material contained herein without Routeware, Inc.'s express written consent.
Routeware, Inc. retains all title, ownership and intellectual property rights to the material and trademarks contained herein, including all supporting documentation, files, marketing materials, and multi-media.
BY ACCEPTANCE OF THIS DOCUMENT THE RECIPIENT AGREES TO BE BOUND BY THE AFOREMENTIONED STATEMENT Q-07082-1 - 9/9/2024
Services
PRODUCT UNIT QTY UNIT PRICE EXTENDED
Program Tracker Implementation Each 1 USD 5,000.00 USD 5,000.00 Services Total: USD 5,000.00
Recurring Subscriptions
PRODUCT UNIT QTY UNIT PRICE EXTENDED
Program Tracker Per Month 1 USD 2,285.00 USD 2,285.00
RST Data Import - Prepaid Per Month 4 USD 83.33 USD 333.32 Recurring Subscriptions Total: USD 2,618.32
Q-07082-1 - 9/9/2024
Payment Terms -
Software Fees are invoiced thirty (30) days after the Contract Start Date Order (the “Effective Service Date”).
Recurring Subscriptions shall be invoiced annually in advance, commencing on the Effective Service Date and on each successive anniversary thereof.
For all other services, Company will submit invoices for services to the Customer by the 10th of the month following the month in which Company provided services and Company’s invoice will have a date, an invoice number, a purchase order number and a description of the goods or services.
Terms & Conditions Information
This Order and all products and services herein are subject to and limited to the terms and conditions located at https:// www.routeware.com/Clients. Any purchase orders issued in response to this Order, will be deemed acceptance of such terms. https://www.routeware.com/Clients Password: RWClient1!
Prices are exclusive of any federal, state, or local taxes. The customer is responsible for all federal, state, and local taxes.
This system requires a specific server to operate Routeware software, which may need to be purchased separately.
This system requires cellular connectivity for each vehicle which may need to be purchased separately.
If route sequencing by Routeware is a requirement, additional professional services fees may apply.
On-Board Computer software is sold as a perpetual license, allowing the license to be activated on replacement hardware.
Any lapse in support voids perpetual license.
Pricing does not include freight cost or travel expenses, which will be invoiced as they are incurred.
Additional Terms -
"RST Data Import - Prepaid" allows four (4) data import per every twelve (12) months. A quote for any additional imports will be provided upon request.
Q-07082-1 - 9/9/2024
City of Porterville, CA
Signature: \s1\ Date:\d1\
Name (Print): \n1\ Title:\t1\
Routeware, Inc., and affiliates
Signature: \s3\ Date:\d3\
Name (Print): \n3\ Title:\t3\
Please sign and email to Sean Ostlund at [email protected]
FOR INTERNAL USE ONLY
Reviewed By:
\s2\
Q-07082-1 - 9/9/2024
Item No. 5.
CITY COUNCIL AGENDA – NOVEMBER 19, 2024
SUBJECT: Authorization to Reject All Bids for Mini Side Load Refuse Truck RFP No. 24-25-SR1985 and Reissue with Revised Specifications SOURCE: Public Works
COMMENT: On August 20, 2024, the City Council authorized the distribution of RFP No. 24-25-SR1985 to procure two mini-auto side-loader refuse trucks to enhance refuse collection at high-usage transit bus stops and the downtown transit center. The RFP aimed to secure vehicles that could improve efficiency, reduce fuel consumption, and operate effectively in confined areas. The engineer's estimate for the project was set at $400,000, funded in part by a $320,000 Federal Transit Administration (FTA) grant with an $80,000 local match covered by Local Transportation Funds (LTF).
After reviewing the proposals, it was found that none of the submitted bids met the engineer’s estimate. A Best and Final Offer (BAFO) request was issued on October 23, 2024, to give vendors an opportunity to adjust their bids. However, no proposals were received within the budgeted engineer's estimate, even after considering possible adjustments such as left-hand steer-only configuration and alternative chassis and body options.
Following the evaluation process, staff identified several challenges, prompting the recommendation to reject all bids:
1. Budgetary Constraints: All proposals, even after the BAFO process, exceeded the project’s budget, making them financially infeasible within the allocated funds.
2. Specification Revisions Needed: The original specifications may have contributed to higher bid prices. Updating the project specifications could help attract proposals that meet operational needs while aligning with budgetary constraints.
3. Compliance with Federal Requirements: Due to FTA funding, the project must adhere to federal guidelines. The FTA mandates that for procurements of $150,000 or more, recipients must use a competitive sealed bid process unless conditions are not appropriate for its use. This ensures transparency and competitiveness in the procurement process.
Item No. 5.
Staff believes that revised specifications may yield more competitive bids that remain compliant with FTA procurement standards.
To better meet budgetary requirements, staff recommends rejecting all bids and reissuing the RFP with updated specifications. This revision will focus on cost-effective solutions that fulfill the City’s operational objectives within the engineer’s estimate. In addition, rejecting the current bids will have no immediate financial impact.
RECOMMENDATION: That the City Council:
1. Reject all bids submitted for RFP No. 24-25-SR1985; and
2. Direct staff to reissue the RFP with updated project specifications to align with budgetary requirements.
ATTACHMENTS: 1. August 20, 2024 Staff Report
2. RFP 24-25-SR1985 Best and Final Offer
Appropriated/Funded:
Review By:
Department Director:
Richard Tree, Director of Transportation
Final Approver: Patrice Hildreth, City Manager
Item No. 6.
CITY COUNCIL AGENDA – AUGUST 20, 2024
SUBJECT: Authorization to Distribute a Request for Proposals for Two Mini Side Loading Refuse Trucks
SOURCE: Public Works
COMMENT: The City’s current transit operations include servicing trash receptacles at 150 transit bus stops and the downtown transit center. These receptacles often require frequent servicing due to high usage, particularly in areas with heavy pedestrian traffic and high ridership. In the past, this task was either performed using larger refuse trucks or using pickup trucks and trailers.
To improve efficiency and reduce operational costs, the Transportation Department proposes the acquisition of two mini refuse trucks specifically designed for servicing smaller trash receptacles. These smaller, more maneuverable trucks will allow for easier access to bus stop areas, reduce fuel consumption, and minimize the impact on city streets.
The proposed RFP will seek vendors who can supply mini refuse trucks that meet the city’s operational requirements. The RFP will include specifications for the trucks, including size, capacity, fuel efficiency, and durability. Proposals will be evaluated based on cost and compliance with the City’s specifications.
The Independent Cost Estimate (ICE) for the project is $400,000. Funding is sourced from a Federal Transit Administration (FTA) grant amounting to $320,000. A local match of $80,000 is required, which will be covered by Local Transportation Funds (LTF). These funds have been appropriated in the FY 2024-2025 Budget. The negotiated contract will be presented to the Council for final approval.
RECOMMENDATION: That the City Council:
1. Approve the draft Request for Proposals;
2. Authorize staff to advertise for proposals on the project; and
3. Authorize staff to negotiate with the most responsive and responsible Proposer who has demonstrated the ability to perform the project in an acceptable manner and is most advantageous to the City.
ATTACHMENTS: 1. Draft Request for Proposals - Mini Side Load Refuse Truck Appropriated/Funded:
Item No. 6.
Review By:
Department Director:
Richard Tree, Director of Transportation
Final Approver: Patrice Hildreth, City Manager
October 23, 2024
Subject: Best and Final Offer Request – Mini Side Load Refuse Truck Proposals Dear Proposer’s,
Thank you for submitting your proposal in response to the City of Porterville’s Request for Proposals (RFP) No. 24/25-SR1985 for two (2) Mini Auto Side Load Refuse Trucks. After careful evaluation of the proposals, the City is now requesting a Best and Final Offer (BAFO) from your company to finalize the selection process.
As part of your BAFO, you may revise and adjust your proposal based on the following considerations:
1. Left-Hand Steer Only: The City is interested in exploring options for left-hand steer-only configurations. Please indicate if your company can provide this option and any associated cost adjustments.
2. Chassis and Body Configuration: The City requests that you consider revising your proposal specifications to include an Isuzu chassis paired with an 8-yard refuse body, such as the New Way Mamba, Curbtender Tomcat, or a similar model. Any revisions to the chassis and body combination should be clearly detailed, including any impact on cost, delivery, and performance.
Your Best and Final Offer must be submitted by email to Richard Tree, Transportation Director, at [email protected], no later than 2:00 PM on November 7, 2024. Please ensure that any changes in pricing, technical specifications, or delivery schedule are clearly outlined.
We appreciate your continued interest in partnering with the City of Porterville on this important project and look forward to receiving your Best and Final Offer.
Sincerely,
Richard Tree
Transportation Director
City of Porterville
Item No. 6.
CITY COUNCIL AGENDA – NOVEMBER 19, 2024
SUBJECT: Amendment No. 1 to 4Creeks, Inc. Newcomb Street & Mulberry Avenue Traffic Signal Design Service Agreement
SOURCE: Engineering and Project Management
COMMENT: 4Creeks, Inc. is under contract with the City to design and provide plans and specifications for the Newcomb Street & Mulberry Avenue Traffic Signal Project. In an effort to improve storm drain runoff in the area, staff has requested that 4 Creeks, Inc. include the design of the extension of the existing storm drain main along Newcomb Street from approximately 550 feet (550') north of Mulberry Avenue southward to this intersection.
The design contract will also include the required catch basins, storm drain manholes, alterations to the existing cross gutters, and modifications to the curb ramp at the intersection's southeast corner.
Staff is seeking an amendment to the 4 Creeks, Inc. Service agreement for the added design work described herein to deliver a complete set of plans and specifications. Cost for the additional design services is $10,861 for a revised contract total of $150,000. Funding for the design of this project is provided by Measure R Local Funds as approved in the Fiscal Year 2024-2025 Budget.
Staff has found the negotiated price acceptable.
RECOMMENDATION: That the City Council:
1. Authorize the Engineering & Project Management
Director to execute Addendum No. 1 to the 4 Creeks, Inc.
Service Agreement at an agreed upon fee of $10,861 for
the services described herein; and
2. Authorize progress payments up to one hundred percent (100%) of the fee amount.
ATTACHMENTS: 1. Locator Map
2. 4Creeks, Inc. - Contract Amendment No. 1
Appropriated/Funded:
Item No. 6.
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager
PROPOSED TRAFFIC
SIGNAL LOCATION
ENGINEERING DIVISION
CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 TRAFFIC SIGNAL PROJECT
NEWCOMB STREET AND
MULBERRY AVENUE N NEWCOMB ST
W MULBERRY AVE N LOTAS PL
MONACHE HIGH
SCHOOL
November 13, 2024
Ms. Sarah Weaver
Project Manager
City of Porterville
291 N. Main Street
Porterville, CA 93257
Subject: Newcomb St. & Mulberry Ave. Traffic Signal – Contract Amendment 1 4Creeks Project No. 22549
Dear Ms. Weaver,
We have prepared a scope of work and fee for the additional services required to complete the plans, specifications, and opinion of probable construction costs (PS&E) for the proposed Newcomb Street and Mulberry Avenue traffic signal project. Our understanding is that the additional scope of work includes the following:
Task 8: Storm Drain Extension on Newcomb St. from W. Mulberry Ave. to 550’ North 4Creeks will design a storm drain main extension on Newcomb Street from the existing SDMH located at the northern properly line of 1000 N. Newcomb Street (Porterville Church of Christ) southward to the intersection with W. Mulberry Avenue.
• 4Creeks will dip manholes and drainage inlets for the storm drain extension between W.
Mulberry Avenue and San Lucia Avenue.
• 4Creeks will design approximately 720 LF of 18” storm drain main on Newcomb Street that will extend from the existing SDMH near the Porterville Church of Christ southward to the intersection with W. Mulberry Street and a stub to the south for future connection. 4Creeks will design two (2) catch basins south of the intersection of Newcomb Street and W.
Mulberry Avenue as well as three (3) new SDMHs.
o The cross gutters on the west and east sides of the intersection will be eliminated.
A pavement patch will be designed.
• 4Creeks proposes including the SE corner curb ramp into the scope of this task. The removal of the cross gutter would require sawcutting at the flow line of the curb return.
Rather, we would like to propose dual directional curb ramps at this corner to match the rest of the intersection.
The above Task 8 services will be provided for a Fixed Fee of $10,861.
Total Contract Amendment 1 = $10,861.
Newcomb St. & Mulberry Ave.
Traffic Signal Project October 17, 2024
Contract Amendment 1 Page 2
Exclusions
• Any work not specifically listed in this scope of services.
If you have any questions or need any additional information, please feel free to give us a call to discuss.
Sincerely,
Lisa M. Wallis-Dutra, PE 71262, TE, PTOE, RSP1 Matthew D. Ainley, PE 66233 Senior Civil Engineer Principal-In-Charge
Project: Newcomb St. & Mulberry Ave. Traffic Signal – Contract Amendment 1 City of Porterville Approval:
Signature Date
Print Name and Title
Item No. 7.
CITY COUNCIL AGENDA – NOVEMBER 19, 2024
SUBJECT: Authorization to enter into General Services Agreement with Western Pump, Inc. for Fuel System Upgrades
SOURCE: Public Works
COMMENT: The City of Porterville issued RFP No. 24/25-SR1978 on August 20, 2024, to solicit proposals for Fuel System Upgrades at the City Corporation Yard and Porterville Airport. The project, funded in part by the Federal Transit Administration (FTA), includes replacing the fuel management system software, dispensers, gate controllers, cellular modems, and contactless tags and cards to improve fuel system infrastructure and ensure compliance with federal funding requirements.
Proposals were due on September 24, 2024. The City received submissions from multiple qualified vendors, and the following vendors were evaluated and scored:
Vendor Score
Western Pump 100
West Star 98
Western Pump received the highest score, demonstrating a comprehensive understanding of the project scope, relevant experience with federally funded projects, and a competitive cost proposal. Their proposed approach aligns with the City's objectives for enhanced fuel management and regulatory compliance.
Under the General Services Agreement, Western Pump will:
• Replace specific fuel dispensers at designated locations within the City.
• Adhere to all federal, state, and local requirements, ensuring FTA compliance.
• Complete the project on schedule, coordinating closely with City staff for minimal service disruption.
The total project cost is not to exceed $365,000, in alignment with the Federal Transportation Improvement Program (FTIP) and the City's FTA Item No. 7.
grant application CA-6260-2. The Fuel System Upgrades Project is funded at eighty percent (80%) by the FTA, totaling $292,000 in federal funds, with the remaining twenty percent (20%), or $73,000, covered by Local Transportation Funds (LTF). This budget structure is consistent with the project’s federal and local funding allocations, ensuring full compliance with funding and project requirements.
RECOMMENDATION: That the City Council:
1. Approve the General Services Agreement between the
City of Porterville and Western Pump, Inc. for the Fuel System Upgrades Project at a total project cost not to
exceed $365,000; and
2. Authorize the Mayor, or designee, to execute the
agreement and any related documents, subject to final
review by the City Attorney.
ATTACHMENTS: 1. Porterville RFP # 24-25-SR1978_Plan Holders
2. Porterville RFP # 24-25-SR1978 Scoring Matrix
3. WP General Services Agreement
4. Exhibit A - RFP# 24-25-SR1978
5. Exhibit B - Addendums
6. Exhibit C - Western Pump Proposal
7. Exhibit D - FTA Terms and Conditions
Appropriated/Funded:
Review By:
Department Director:
Richard Tree, Director of Transportation
Final Approver: Patrice Hildreth, City Manager
Plan Holders
Agency City of PortervilleBid Number 24/25-SR1978Bid Title Name Contact Address Phone Email Yes No
Montauk Tracy R Kirby 41085 Elm Street Murrieta, CA, 92562, (951) 813-2084 [email protected] XFUEL SERV Robert Rodriguez 5196 Benito StSuite 6Montclair, CA, 91763, (800) 581-3710 [email protected] X Western Pump, Inc. John Hendrick 3235 F St.San Diego, CA, 92102, (310) 463-4276 [email protected] XTulare Kings Counties Builders Exchange Berenice Ruiz 823 W. Center Ave , Visalia, CA 93291 (559) 732-4568 [email protected] XWEST STAR ENVIRONMENTAL, INC DAVE MENDRIN 4770 W. JENNIFER AVE. , FRESNO, CA 93722 (559) 647-5451 [email protected] X Request for Proposals - Fuel System Upgrades
Proposal
Points West Star Western Pump
Understanding ofthe Scope ofWork
Demonstrates a clear understanding ofthe
LCFS services required.
Technical Approach and Methodology
Proposal outlines a comprehensive and
feasible approach to providing the required
services.
Experience and Qualifications
Firm’s experience with similar projects,
particularly federally funded transit
projects
Key Personnel and Project Team
Qualifications of key personnel who will be
assigned to this project.
Price Proposal
Competitive and reasonable cost in
Total Points 100 98 100
20 10
30 20
20 28
20 20
20 20
20 30
RFP 24/25‐SR 1978
Fuel System Upgrades
Scoring Matrix
20 10 10
1 CITY OF PORTERVILLE
GENERAL SERVICES AGREEMENT WITH
WESTERN PUMP FOR FUEL SYSTEM UPGRADES
This Fuel System Upgrades Agreement (this “Agreement”) is dated as of the ___ day of ___________, 2024 (the “Effective Date”) by and between City of Porterville, a charter city and municipal corporation (“City”), and Western Pump, a California corporation (“WP”). The City and WP may be referred to herein as a “Party” individually and the “Parties” collectively.
RECITALS
WHEREAS, on August 20, 2024, the City issued a Request for Proposals No. 24/25-SR1978 for the Fuel System Upgrades Project (the “RFP”) as described in Exhibit A; WHEREAS, on September 10, 2024, the City provided certain responses to questions submitted during the RFP process, as described in Exhibit B;
WHEREAS, on September 24, 2024, WP submitted its proposal outlining its services, qualifications and technical capabilities for the fuel system upgrades project as described in Exhibit C;
WHEREAS, the City owns fueling facilities located at 555 N. Prospect Street, Porterville, CA 93257 and 1893 Newcomb St, Porterville, CA 93257 (the “Facilities”) on property owned by the City (the “Property”);
WHEREAS, the City desires for WP to provide Services (hereinafter defined) at the Facilities on the City’s behalf, upon the terms set forth herein.
NOW THEREFORE, in consideration of the respective covenants and promises contained herein and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. Term of Agreement. The initial term of this Agreement shall commence on the Effective Date and end when the City Council accepts the project as complete. The initial term and any renewal terms are referred to herein as the "Term."
2. License for Access to Facilities. The City hereby grants to WP during the Term, a license for ingress, egress, and general access to the Facilities and the Property to the extent necessary for WP to perform the project (as defined below).
3. Fuel System Upgrades
(a) WP’s Responsibilities. The City hereby engages WP as the exclusive service provider for the products and services at the Facilities as described in Exhibit A and Exhibit B, attached hereto, and to perform certain other services relating to the Facilities, as described in Exhibit C, attached hereto, (collectively, the “Services”), all on the terms and conditions and as more fully described in this Agreement. WP hereby accepts such 2 engagement and agrees to perform the Services in accordance with the terms and conditions of this Agreement.
(b) Fees. As consideration for providing the Products and Services under this Agreement, the City shall pay WP the amounts set forth in Exhibit C attached hereto, with total payments not to exceed $365,000.
(c) Service Guidelines. WP shall provide the Products and Services in material compliance with any and all Applicable Laws. For purposes of this Agreement, “Applicable Law” shall mean (a) all applicable federal, state, and local statutes, laws, requirements, decrees, ordinances, and codes, of all governmental authorities, including any federal, state, and local governments or any departments, bureaus, or agencies thereof having jurisdiction over the Property or the Facilities; and (b) all other applicable rules, regulations, interpretations, and orders of any commissions, boards, agencies, or other legislative, executive, judicial, or other governmental or quasi-governmental bodies or officers having jurisdiction to regulate or supervise the Property or the Facilities. (d) Training of Personnel. WP shall be responsible for the selection and training of all WP employees or contractors that perform Services pursuant to this Agreement. All personnel employed or controlled by WP shall be appropriately trained and shall comply with all applicable safety processes and procedures standard for the services at the Facilities as described in Exhibit A.
(e) Permits and Approvals. The City shall, at the City’s cost, be responsible for obtaining and maintaining any licenses, permits, or approvals required to operate and maintain the Property and the Facilities, except for any such licenses, permits or approvals that WP is legally required to obtain in its name in connection with its provision of the Services.
(f) Property Conditions. If, at any time during the Term, it is determined that underground hazards, soil contaminants and/or soil conditions exist (including, without limitation, migratory pollution or other migratory conditions) that were not brought to the Property by WP and that either (a) require removal, replacement, and disposal of soils or materials, (b) require remediation, or (c) require unanticipated soil or foundation preparation work, WP shall not be financially and/or legally responsible for such underground hazards, soil contaminants and/or soil conditions and any required remediation, removal, replacement preparation work, and/or disposal. If the City does not commence, within ten (10) days after discovery of any such underground hazard or soil contaminant or soil condition, and thereafter diligently prosecute to completion the correction of such condition, WP may, without further obligation or penalty, terminate this Agreement by written notice to the City, and the City shall pay WP all amounts which accrued up to the date of the termination and reimburse WP for any and all reasonable costs related to the repair and maintenance of the Facilities, paid or irrevocably committed to by WP prior to the date of the termination. This Section shall survive the termination of this Agreement.
4. The City’s Obligations and Responsibilities.
(a) Maintenance of Property. The City shall be responsible for and shall at its own expense maintain the surrounding Property in the vicinity of the Facilities. 3 (b) Payment of WP Billings. The City shall pay each invoice submitted by WP within thirty (30) days following receipt of the invoice by the City. For purposes of this Section, receipt shall be defined as the day the invoice is transmitted by WP. Any payments not made when due shall accrue interest on the unpaid amount at a rate of 10% per annum, calculated from the date payment is due to and including the date payment is received by WP. IF PERMITTED BY LAW, WP SHALL PASS THROUGH TO THE CITY ANY SURCHARGES INCURRED BY WP RELATED TO THE CITY’S PAYMENT OF ITS INVOICES THROUGH USE OF A CREDIT CARD.
In the event that the City fails to make payments in a timely manner or fails to meet WP’s continuing credit approval, WP may suspend any and all services provided under this Agreement, until such time as the City brings payments current and meets WP’s continuing credit approval.
(c) Compliance with Law. In performing its obligations under this Agreement, the City shall comply in all material respects with all Applicable Laws. (d) Materials. In the event that the City has required WP to store materials on the Property for the Facilities, upon the expiration or termination of the Agreement, the City shall purchase all materials stored on the Property by WP at such time at a mutually agreeable price no less than documented WP’s purchase price.
5. Termination.
(a) For Convenience. The City may terminate this Agreement, in whole or in part, at any time for its convenience and without cause by providing WP with thirty (30) days’ written notice. In the event of such termination, the City shall be liable only for payment for services satisfactorily rendered and expenses incurred up to the effective date of termination. WP shall not be entitled to any other form of compensation, including for anticipated profits or unperformed services.
(b) For Default or Breach. Either Party may terminate this Agreement for default if the other Party: (a) becomes insolvent; (b) files any proceeding in bankruptcy, or acquires bankruptcy status; (c) has a receiver or receiver manager appointed with respect to it or any of its assets; or (d) seeks the benefit of any statute providing protection from creditors.
Either Party may also terminate this Agreement for breach if the other Party materially breaches any provision of this Agreement provided: (i) the non-breaching Party provides the breaching Party with written notice of breach and a thirty (30) day period within which to cure such breach ("Cure Period"); and (ii) the breaching Party fails to cure each such breach within the Cure Period provided, however, that where it is not commercially reasonable to fully effect a cure to the other Party within the thirty (30) day period set forth above, the Party in breach shall not be deemed to be in default of the Agreement and subject to termination for cause where it commences implementation of the cure within such thirty (30) day period and thereafter proceeds diligently to cure the breach to the reasonable satisfaction of the non-breaching Party. Any termination of this Agreement shall be without prejudice to each right and/or remedy which the non-breaching Party may possess against the breaching Party under this Agreement, at law, in equity, and/or otherwise. In the event of termination, the City shall pay WP all amounts which accrued up to the date of the termination and reimburse WP for any and all reasonable costs related to the repair and maintenance of the Facilities, paid or irrevocably committed to by 4 WP prior to the date of the termination. The preceding sentence shall survive termination of this Agreement.
6. Ownership of Facilities and Improvements. As between WP and the City, all right, title, and interest in and to the Facilities and any improvements made to the Facilities shall at all relevant times remain with the City. The City retains all rights in and to the Facilities and any improvements thereon.
7. Warranty.
With respect to services performed by WP pursuant to this Agreement, for a period of one (1) year from the date of performance of such services (the “Warranty Period”), WP warrants to the City that the services shall be free from defects in workmanship (the “Warranty”).
If the City gives WP prompt written notice of breach of this Warranty during the Warranty Period, WP shall, at its sole option and as the City’s sole remedy, either re-perform the service (the City to provide WP with unencumbered access to the Property and equipment) or refund the purchase price therefore. The City shall bear the costs of access for WP’s remedial Warranty efforts (including removal and replacement of systems, structures or other parts of the City’s facilities), de-installation, re-installation and transportation of the parts to WP and back to the City. If WP determines that any claimed breach is not, in fact, covered by this Warranty, the City shall pay WP its then customary charges for any re-performance completed by WP, or, in the event WP refunded the City the purchase price, the City shall return the purchase price to WP. WP’s warranty is conditioned on the City’s (a) operating and maintaining the applicable work in accordance with WP’s instructions, (b) not making any unauthorized repairs or alterations, and (c) not being in default of any payment obligation to WP. WP’s warranty does not cover damage caused by chemical action or abrasive material, misuse or improper installation (unless installed by WP). Warranty repair or replacement shall not extend or renew the applicable Warranty Period.
With respect to equipment, part(s) or material(s) provided by WP to the City pursuant to this Agreement, WP hereby assigns to the City, to the extent assignable, any warranties made to WP by the applicable manufacturer or supplier, and WP shall have no other liability to the City related to the supplied equipment, part or material under warranty, tort or any other legal theory.
THE WARRANTIES SET FORTH IN THIS SECTION ARE WP’S SOLE AND EXCLUSIVE WARRANTIES. WP MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS SECTION SHALL SURVIVE TERMINATION OF THE AGREEMENT.
8. Indemnification.
(a) WP hereby agrees to indemnify, hold harmless and defend the City, and its officers, directors, employees and agents (collectively, the “City Indemnitees”), from and against any and all liabilities, penalties, fines, forfeitures, fees, demands, claims, causes of action, suits, judgments and costs and expenses incidental thereto, including attorneys’ fees (collectively, “Damages”), which any or all of the City Indemnitees may hereafter 5 suffer, incur, be responsible for or pay out, including for personal injuries, property damage, or contamination of or adverse effects on the environment, to the extent caused by, or arising from or in connection with: (a) WP’s material breach of any representations, covenants or warranties of WP set forth in this Agreement; (b) any negligent actions or omissions or willful or reckless misconduct of WP, its employees, officers, owners, directors or agents in the performance of this Agreement; or (c) the material violation of any law, ordinance or regulation by WP. Such indemnity shall exclude Damages to the extent they arise as a result of any negligent actions or omissions or willful or reckless misconduct of the City Indemnitees.
(b) The City hereby agrees to indemnify, hold harmless and defend WP, and its officers, directors, employees and agents (collectively, the “WP Indemnitees”), from and against any and all liabilities, penalties, fines, forfeitures, fees, demands, claims, causes of action, suits, judgments and costs and expenses incidental thereto, including attorneys’ fees (collectively, “Damages”), which any or all of the WP Indemnitees may hereafter suffer, incur, be responsible for or pay out, including for personal injuries, property damage, or contamination of or adverse effects on the environment, to the extent caused by, or arising from or in connection with: (a) the City’s material breach of any representations, covenants or warranties of the City set forth in this Agreement; (b) any negligent actions or omissions or willful or reckless misconduct of the City, its employees, officers, owners, directors or agents in the performance of this Agreement; (c) the material violation of any law, ordinance or regulation by the City; or (d) any pre-existing or migratory environmental condition or hazard. Such indemnity shall exclude Damages to the extent they arise as a result of any negligent actions or omissions or willful or reckless misconduct of the WP Indemnitees.
9. Insurance Requirements.
The City and WP shall each procure at their respective expense, and maintain in full force and effect during the Term of this Agreement, including any renewals, with insurance carriers rated at least A- VII or Better in A.M. Best's Insurance Report and admitted to do business in the state where the Facilities is located, the following primary insurance in at least the minimum amounts specified, with the other respective Party named in the commercial general liability policy (or excess liability or umbrella liability policy, if applicable) and the automotive liability policy as an additional insured and including a transfer of rights or waiver of subrogation endorsement. Such insurance, excluding workers compensation, shall be endorsed to require at least thirty (30) days' written notice to the other respective Party of cancellation.
(a) Commercial General Liability Insurance, including coverage at least as broad as the latest version of the Insurance Service Office Commercial General Liability coverage (occurrence form CG001) to a combined single limit of not less than $1,000,000.
Excess liability or umbrella liability coverage may be used to evidence or provide limits in addition to primary limits of no less than $1,000,000 on the commercial general liability policy.
(b) Commercial Automobile Liability Insurance, including owned, nonowned and hired automobiles covering bodily injury and property damage, to a combined single limit of $1,000,000.
6 (c) Workers Compensation and Employers Liability
(i) Workers’ compensation in compliance with applicable state and federal laws.
(ii) Employers’ liability with a limit of not less than $1,000,000.
The requirements for carrying the foregoing insurance shall not derogate from the provisions of indemnification as set forth in this Agreement. If a Party maintains higher limits than the minimums shown above, the other Party requires and shall be entitled to coverage for the higher limits maintained.
The City shall send certificates of insurance evidencing such coverage within thirty (30) days after the date of this Agreement to:
Western Pump
3235 F Street
San Diego, CA 92102
Attn: John Hendrick
Phone: (310) 463-4276
Email: [email protected]
WP shall send certificates of insurance evidencing such coverage within thirty (30) days after the date of this Agreement to:
City of Porterville
555 N. Prospect St
Porterville, CA 93257
Attn: Richard Tree
Email: [email protected]
10. Assignment. Neither Party shall have the right to assign its rights or obligations hereunder, in whole or in part, without obtaining the prior written consent of the other Party and any attempted assignment without such prior written consent shall be void. Permitted assigns shall have the benefit of, and shall be bound by, all terms and conditions of this Agreement.
11. Liens. The City represents that it is the owner of the Property and has full authority to enter into this Agreement. So long as the City is not in breach of any term of this Agreement and has timely paid all of WP’s invoices, then WP shall make timely payment to all contractors performing work on behalf of WP and shall, at its expense, cause any lien filed by any contractor performing work on behalf of WP to be canceled or discharged of record by payment, deposit, bond, order of a court of competent jurisdiction, or otherwise within thirty (30) days after WP receives actual notice of the filing of such lien, charge, or order for the payment of money.
12. Relationship of Parties. WP and the agents and employees of WP in the performance of this Agreement shall act in an independent capacity as independent contractors and not as officers or partners or employees or agents of the City.
13. Governing Law. This Agreement shall be subject to and construed in accordance with the laws of the State of California.
7 14. Attorneys’ Fees. In the event of any litigation between the Parties concerning any provision of this Agreement or the rights and obligations of any party in relation thereto, the prevailing Party shall be entitled to an award for all costs incurred by reason of such litigation, including but not limited to reasonable attorneys’ fees and fees and expenses of witnesses. The trier of fact shall designate the prevailing Party.
15. Notices. Any notice, demand, offer, or other written instrument required or permitted to be given pursuant to this Agreement shall be in writing signed by the Party giving such notice and shall be hand delivered or sent by certified mail, return receipt requested, or overnight courier or facsimile to the other Party at such address as set forth below:
If delivered to City:
City of Porterville
Attn: Richard Tree
555 N. Prospect St
Porterville, CA 93257
Email: [email protected]
If delivered to WP:
Western Pump
3235 F Street
San Diego, CA 92102
Attn: John Hendrick
Phone: (310) 463-4276
Email: [email protected]
Each Party shall have the right to change the place to which notice shall be sent or delivered by similar notice sent in like manner to the other Party. Without limiting any other means by which a Party may be able to prove that a notice has been received by the other Party, a notice shall be deemed to be duly received:
(a) if sent by hand, the date when left at the address of the recipient; (b) if sent by certified mail, the date of the return receipt; (c) if sent by overnight courier, the date when receipt is acknowledged at the address of the recipient; or
(d) if sent by facsimile, the date of the confirmation.
16. Force Majeure. If either Party is prevented from or delayed in performing its duties under this Agreement by circumstances beyond its control, whether or not foreseeable, including, without limitation, fires, typhoons, hurricanes, severe weather, floods, volcanic eruptions, pandemics, quarantines, war, civil disturbances, acts of terrorism, interruptions in utility services, the cessation of providing necessary products or services to WP by any supplier to WP, labor disputes, catastrophic equipment failures due to extraordinary events beyond the control of WP, acts of God, or threats of such circumstances, or any future laws, rules, regulations, orders, or acts of any local, state, federal, or provincial government (“Force Majeure”), then the affected 8 Party shall be excused from performance hereunder during the period of such disability. The Party claiming Force Majeure shall promptly notify the other Party when it learns of the existence of a Force Majeure condition and when the Force Majeure condition has terminated. Notwithstanding anything in this Agreement to the contrary, the term “Force Majeure” does not include and a Party shall not be excused from any payment obligations hereunder.
17. Limitation of Liability. Neither Party shall have any liability to the other Party for special, consequential, or incidental damages, except however in connection with a claim made against either Party by a third party, provided that such claim arises out of or results from the negligence or willful misconduct or any other claim within the scope of the indemnity obligations of WP or the City, as applicable, under this Agreement.
18. No Third Party Beneficiaries. This Agreement is intended solely for the benefit of the Parties, and is not intended to create any benefits to any third parties.
19. Headings. The headings in this Agreement are for convenience and reference only, and shall not affect the interpretation of this Agreement.
20. Waiver. No waiver by either Party of any one or more defaults by the other Party in the performance of any provisions of this Agreement shall operate or be construed as a waiver of any other default or defaults, whether of a like or different character. No waiver or modification of this Agreement shall occur as the result of any course of performance or usage of trade.
21. Severability. If any provision of this Agreement or the application thereof to any person or circumstances shall to any extent be held in any proceeding to be invalid or unenforceable, the remainder of this Agreement shall be valid and enforceable to the fullest extent permitted by law, but only if, and to the extent, such enforcement would not materially and adversely alter the Parties’ essential objectives as expressed herein.
22. Negotiated Transaction. The drafting and negotiation of this Agreement has been participated in by all of the Parties. For all purposes, this Agreement shall be deemed to have been drafted jointly by each of the Parties.
23. Representation regarding Authority to Sign Agreement. Each of the representatives of the Parties signing this Agreement warrants and represents to the other that he, she or it has the actual authority to sign this Agreement on behalf of the Party for whom he, she or it is purporting to represent.
24. Incorporation of FTA Terms. The preceding provisions, as described in Exhibit D, include in part certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT) Federal Transit Administration (FTA), whether or not expressly set forth in this Agreement. All contractual provisions required by FTA are hereby incorporated by reference, and any conflicts between FTA requirements and other contract provisions shall be resolved in favor of FTA requirements. WP shall not perform any act or fail to perform any act that would cause the City to be in violation of FTA requirements.
25. Order of Precedence. Conflicting provisions hereof, if any, shall prevail in the following descending order of precedence: (i) Exhibit D (FTA Terms and Conditions); (ii) the body of this Agreement, (iii) Exhibit A (RFP 24/25-SR1978), (iv) Exhibit B (Addendums) and (v) Exhibit C (WP Proposal).
9 26. Miscellaneous. This Agreement, along with the exhibits and appendix attached hereto, constitutes the complete and exclusive agreement and understanding between the Parties and supersedes all prior communications and agreements, whether oral or written. The Parties expressly agree that there are no other agreements, understandings, restrictions, warranties, and/or representations by, between and among the Parties relating to the subject matter of this Agreement other than those expressly set forth herein or herein provided for. This Agreement may only be modified by an instrument that is executed by each Party’s duly authorized representative. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which collectively constitute one (1) and the same instrument. Signatures to this Agreement transmitted by facsimile, email, portable document format (or .pdf) or by any other electronic means intended to preserve the original graphic and pictorial appearance of this Agreement shall have the same effect as the physical delivery of the paper document bearing original signature.
(Signature Page Follows)
10 IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed on their respective behalf, by their respective officers thereunto duly authorized, all as of the Effective Date.
CITY OF PORTERVILLE WESTERN PUMP
By: Martha A. Flores______________ By: __________________________ Title: Mayor_____________________ Title: _________________________ Signature: _______________________ Signature: _____________________ Attest:
_____________________________
Patrice Hildreth, City Clerk
Approved as to form:
_____________________________
Julia M. Lew, City Attorney
Exhibits:
A. RFP No. 24/25-SR1978
B. Addendums
C. Western Pump Proposal
D. FTA Terms and Conditions
11 EXHIBIT A
RFP 24/25-SR1978
12 EXHIBIT B
RFP 24/25-SR1978 ADDENDUMS
13 EXHIBIT C
WESTERN PUMP PROPOSAL
14 EXHIBIT D
FTA TERMS & CONDITIONS
CITY OF PORTERVILLE
REQUEST FOR PROPOSAL RFP No. 24/25-SR1978
FUEL SYSTEM UPGRADES
August 20, 2024
The City of Porterville does not discriminate on the basis of race, gender, ethnicity, age, national origin, religion or disability in its employment opportunities, programs, services, contracting opportunities or activities. It is the City’s policy to ensure compliance with the Title VI of the Civil Rights Act of 1964 in its contracting opportunities.
The project is funded in part by the Federal Transit Administration Catalog of Federal Domestic Assistance (CFDA) 20.500 and 20.507. The City of Porterville reserves the right to reject any or all proposals.
City of Porterville
Fuel System Upgrades
CITY OF PORTERVILLE, CALIFORNIA
REQUEST FOR PROPOSALS (RFP) NO. 24/25-SR1978
FUEL SYSTEM UPGRADES
SEALED PROPOSALS will be received by the Transportation Department located at 291 N. Main Street, Porterville, CA 93257, until 2:00 P.M. on Tuesday, September 24, 2024, for the Contract to provide Fuel System Upgrades.
A mandatory site visit is REQUIRED in order to be familiar with the site and the work to be performed. To examine the site, please contact the Director of Transportation, Richard Tree at (559) 782-7514 or [email protected]. The site visit will be concluded on September 21, 2024, at 10:00 am.
This contract is federally funded and as such, the Federal Requirements associated with the performance of services under this contract have been included with this RFP. The awarded Proposer will be responsible for adherence to all local, state, and federal requirements listed herein. These requirements are hereby incorporated into the subsequent contract arising from this RFP.
Proposal forms and documents may be inspected and electronically downloaded at no cost, at the Public Purchase website, www.publicpurchase.com. No copies of said documents will be provided by the City.
All addenda and correspondence during the process will be handled electronically through the Public Purchase website.
The City has not established a DBE goal for this Contract. However, proposers are encouraged to obtain DBE participation for this contract. The City of Porterville overall DBE goal is 1% of total contracts (including subcontracts) awarded.
The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded the full opportunity to submit proposals in response to this notice.
Individuals and/or entities submitting bids/proposals to the City of Porterville will not be discriminated against on the basis of race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, age, sexual orientation, or military or veteran status in any consideration leading to the award of contract.
The right is reserved by the City of Porterville to reject any or all proposals, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted and to award the contract according to the proposal which best serves the interests of said City.
Publication Dates:
August 20, 2024
City of Porterville
Fuel System Upgrades
Table of Contents
Section I - Instructions................................................................................................................................4 Section II – Standard Terms and Conditions.........................................................................................14 Section III – Special Terms and Conditions...........................................................................................25 Section IV – Insurance and Indemnification..........................................................................................34 Section V - SCOPE OF WORK...............................................................................................................38 Section VI – Federal Transit Administration (FTA) Terms and Conditions......................................44 Exhibit A – Required Forms....................................................................................................................69 Exhibit B – Sample General Services Agreement..................................................................................76 Attachment 1 .............................................................................................................................................85
City of Porterville
Fuel System Upgrades
Section I - Instructions
RFP/Agreement Schedule
Event Date of Event
RFP Available to the public August 20, 2024
Required Site Tour Pre-Scheduled
Deadline to submit questions September 10, 2024
Proposal submittal deadline @ 2:00 pm PST September 24, 2024 Short list established and vendors notified October 3, 2024 Interviews/Presentation with short-listed vendors (if required) October 9, 2024 Award of Contract @ City Council Meeting October 15, 2024 Contract Begins November 1, 2024
City’s Vendor Self-Registration and Notification
Proposal forms and documents may be inspected and electronically downloaded at no cost, at the Public Purchase website, www.publicpurchase.com. No copies of said documents will be provided by the City. No proposal shall be received from an individual or firm that has not accessed the proposal documents from the Public Purchase website. All addenda and correspondence during the process will be handled electronically through the Public Purchase website. Questions regarding this request for proposals must be submitted through the Public Purchase website.
Background
The City of Porterville (“CITY”) is located in Tulare County, which is part of the Central San Joaquin Valley of California. The San Joaquin Valley is a rich agricultural area and Tulare County is recognized as the largest agricultural-producing county in the world.
Porterville has a land area of approximately 14.3 square miles (9,161 acres), situated at the base of the foothills of the Sierra Nevada Mountain Range. It is approximately 30 miles southeast of Visalia (the County seat); 60 miles northeast of Bakersfield, 165 miles northeast of Los Angeles, and 254 miles southeast of San Francisco. State Routes 65 and 190 bisect the community.
The Porterville City Council is the policy-making body for the City of Porterville’s Transportation Department. It adopts the Short-Range Transit Plan, and through the annual budgetary process, establishes operational and funding levels for the system. The City Council also sets operational policies and parameters.
Management of the City’s public transportation system, referred to as Porterville Transit, is an integrated function of the City of Porterville. The Transportation department is responsible for the overall management of the service. The City is also responsible for the maintenance of the transit fleet, through its Field Services Division.
The City outsources, to a private contractor, to perform daily operations of Porterville Transit. The Director of Transportation is responsible for the overall administration, planning, monitoring, and
City of Porterville
Fuel System Upgrades
marketing of the system. The Director of Transportation also acts as a liaison to the Tulare County Association of Governments (TCAG), the California Department of Transportation (Caltrans) and the Federal Transit Administration (FTA). The contracted local General Manager is responsible for the day-to-day operations management; the hiring, testing, training and supervision of all drivers and dispatch staff; fare collection; reporting; ridership data collection; and the operation of Porterville Transit vehicles in accordance with City policy and all State and Federal regulations.
The County of Tulare contracts with the City of Porterville to provide transit service to unincorporated areas surrounding Porterville. The County reimburses the City for service provided to County residents using Local Transportation Funds (LTF).
Porterville Transit provides an array of transportation services in the form of fixed route bus services, ADA complementary paratransit, and innovative On-Demand services.
Preparation of Offer
1. Any person (“Proposer”) submitting a Proposal (“Proposal”) in response to this Request for Proposals (“RFP”) shall examine the Scope of Work carefully and be informed thoroughly regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract to the awarded under this RFP (the “Contract”). No allowances shall be made because of lack of knowledge of any specifications, conditions, or requirements of this RFP.
2. All forms provided must be completed and submitted with your Proposal.
3. It is permissible to copy submittal forms if necessary. Erasures, interlineations, or other modifications of the Proposal must be initialed in original ink by the authorized person signing the offer. No Proposal will be altered, amended, or withdrawn after the specified offer due date and time. The City is not responsible for Proposer’s errors or omissions.
4. All time periods stated as a number of days will be calendar days.
5. It is the responsibility of all Proposers to examine the entire solicitation and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting a Proposal. Negligence in preparing a Proposal confers no right of withdrawal after due date and time. Proposers are strongly encouraged to:
1) Consider applicable laws and/or economic conditions that may affect cost, progress, performance, or furnishing of the products or services. 2) Study and carefully correlate Proposer’s knowledge and observations with the RFP document and other related data.
City of Porterville
Fuel System Upgrades
3) Promptly notify the City of all conflicts, errors, ambiguities, or discrepancies which a proposer has discovered in or between the RFP document and such other related documents.
4) The City does not reimburse the cost of developing, presenting or providing any response to this solicitation. Proposals submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The Proposer is responsible for all costs incurred in responding to this solicitation. All materials and documents submitted in response to this solicitation become the property of the City and will not be returned.
5) Proposers are reminded that the specifications stated in the solicitation are the minimum level required and that offers submitted must be for products or services that meet or exceed the minimum level of all features specifically listed in this solicitation. Proposals offering less than any minimum specifications or criteria specified are not responsive and should not be submitted. 6) Proposers’ responses submitted for products considered by the seller to be acceptable alternates to the brand names or manufacturer’s catalog references specified herein must be submitted with technical literature and/or detailed product brochures for the City’s use to evaluate the products proposed. Proposals submitted without this product information may be considered as non-responsive and rejected.
The City will be the sole judge as to the acceptability of alternate products offered. 7) Prices shall be submitted on a per unit basis by line item, when applicable. Failure to submit any unit pricing will be sufficient grounds for the City to consider the proposal to be non-responsive. In the event of a disparity between the unit price and extended price, the unit price shall prevail unless obviously in error.
Exceptions
Proposer must not take any exceptions to any terms, conditions or material requirements of this solicitation. Proposals submitted with exceptions may be deemed non-responsive and disqualified from further consideration in the City’s sole discretion. Proposals must conform to all the requirements specified in the solicitation. The City encourages Proposers to send inquiries to the procurement officer rather than including exceptions in their Proposal.
Communications to City
All questions pertaining to this RFP, or any matters relating thereto the Scope of Work, or any questions pertaining to the RFP or RFP documents, shall be in writing and shall be submitted only through the Public Purchase website. Communications sent to any other person at the City or at any other address may, in the City’s sole discretion, be deemed to be "non-responsive" and the
City of Porterville
Fuel System Upgrades
City in its discretion may elect to disregard any such questions. The City shall not respond to oral inquiries, and oral statements of any nature by the City or any of its representatives may not be relied upon for any purpose whatsoever.
Addenda
The City of Porterville will not be responsible for any oral instructions made by any employees or officers of the City of Porterville regarding this solicitation. Any changes will be in the form of an addendum. The Offeror must acknowledge receipt of any/all addenda by signing and returning the document with the offer submittal.
Business in California
The City will not enter contracts with Proposers (or any company(ies)) not granted authority to transact business, or not in good standing, in the state of California, unless the proposer asserts a statutory exception prior to entering a contract with the City.
Licenses
If required by law for the operation of the business or work related to this Proposal, Proposer must possess all valid certifications and/or licenses as required by federal, state or local laws at the time of submittal.
Certification
By signing the Proposal, proposer certifies:
• The Proposer’s submission of the Proposal did not involve collusion or other anticompetitive practices • The Proposer shall not discriminate against any employee, or applicant for employment in violation of Federal or State Law.
• The Proposer has not given, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted proposal.
Minimum Qualifications
• Proposer must have been in operation a minimum of five years.
Certificates of Insurance
Upon notification of a recommended award, the Proposer will have 14 calendar days to submit a complete certificate of insurance in the minimum amounts and the coverages as required in the Insurance Requirements of this solicitation. Insurance requirements are non-negotiable.
Award of Contract
Unless otherwise indicated, award(s) will be made to the most responsive and responsible Proposer whose proposal, in the sole and absolute discretion of City, for providing the goods and/or services
City of Porterville
Fuel System Upgrades
contained in this solicitation, who have demonstrated the ability to perform in an acceptable manner, and is most advantageous to the City.
Notwithstanding any other provision of this solicitation, the City reserves the right to: (1) waive any immaterial defect or informality; or (2) reject any or all offers or portions thereof; or (3) reissue a solicitation.
A response to a solicitation is a Proposal to contract with the City based upon the terms, conditions, and specifications contained in the City’s solicitation. Proposals do not become contracts until they are executed by the Mayor. A contract has its inception in the award, eliminating a formal signing of a separate contract. For that reason, all of the terms, conditions and specifications of the procurement contract are contained in the solicitation, and in any addendum or contract amendment.
Solicitation Transparency Policy
Commencing on the date and time a solicitation is published, potential or actual proposers or respondents (including their representatives) shall only discuss matters associated with the solicitation with the Mayor, any members of City Council, the City Manager, Deputy City Manager, or any department director directly associated with the solicitation (including in each case their assigned staff, except for the designated procurement officer) at a public meeting, posted under California Statutes, until the resulting contract(s) are awarded to all proposals or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City’s intent to reissue the same or similar solicitation.
As long as the solicitation is not discussed, Proposers may continue to conduct business with the City and discuss business that is unrelated to the solicitation with the City staff. Proposers may not discuss the solicitation with any City employees or evaluation panel members.
Proposers may discuss their proposal or the solicitation with the Mayor or one or more members of the Porterville City Council, provided such meetings are scheduled through the Procurement Officer, and are posted as open meetings with the City Clerk at least 24 hours prior to the scheduled meetings. The City Clerk will be responsible for posting the meetings. The posted notice shall identify the participants and the subject matter, as well as invite the public to participate.
With respect to the selection of the successful Proposals, the City Manager will continue the past practice of exerting no undue influence on the process. In all solicitations of bids and proposals, any direction on the selection from the City Manager and Department Head (or representative) to the proposal review panel or selecting authority must be provided in writing to all prospective Offerors.
This policy is intended to create a level playing field for all Proposers, assure that contracts are awarded in public, and protect the integrity of the selection process. PROPOSERS THAT VIOLATE THIS POLICY SHALL BE DISQUALIFIED. After official Notice is received by the City for disqualification, the Proposer may follow the Protest process, unless the Solicitation is cancelled without notice of intent to re-issue.
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“To discuss” means any contact by the Proposer, regardless of whether the City responds to the contact. Proposers that violate this policy will be disqualified until the resulting contract(s) are awarded, or all proposals or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City’s intent to reissue the same or a similar solicitation. The City interprets the policy as continuing through a cancellation of a solicitation until Council award of the contract, as long as the City cancels with a statement that the City will rebid the solicitation.
Protest Process
In the event any person wishes to file a Protest regarding this RFP, such Protest shall be made in accordance with City’s FTA Procurement and Contract Administration Manual (which is available at www.ci.porterville.ca.us), the terms of which are hereby included herein by this reference. The City reserves the right to modify the terms of the protest procedure if it determines that such modification is in its best interest. Should there be any dispute between the City’s FTA Procurement and Contract Administration Manual and the provisions of this Section, the City in its discretion shall determine which provision governs.
By way of background, all Proposers understand and agree that the procurement process undertaken by virtue of this RFP is solely for the benefit of the City, and it is for the City to determine in its discretion which Proposal the City desires to accept. The City has provided for a Protest procedure not to grant any rights to any particular Proposer but, rather, to provide the City the opportunity to review and examine any information regarding any Proposal which it may not have fully evaluated. Thus, no Proposer has any legal right in connection with any Protest Proceeding and the City may, in its discretion, determine whether or not to reject any Protest.
In the event a Protest is rejected, the Proposer may appeal the rejection as set forth in the City’s FTA Procurement and Administration Manual or herein but, again, said appeal shall be decided by the City based upon what it determines to be in its best interest. As such, legal concepts (such as the California or Federal Rules of Civil Procedure and the Judicial Rules of Evidence) and other matters which may be applicable to judicial or other proceedings are not applicable to a Protest in accordance with the City’s FTA Procurement and Contract Administration Manual. In addition, the appeal process set forth in the City’s FTA Procurement and Contract Administration Manual is exclusive and upon the exhaustion of the appeal, no further appeal may be taken, or separate suit filed against the City.
By virtue of submitting its Proposal, any Protesting Party expressly agrees that its remedies are exclusively limited to the City’s Protest procedure set forth in the City’s FTA Procurement and Contract Administration Manual (as the same may be modified hereby) and that there shall be no appeal or litigation resulting from the final award of any Contract by the City. The foregoing is a material consideration in the consideration by the City of any Proposal.
Public Record
All Proposals submitted in response to this solicitation will become the property of the City and become a matter of public record available for review pursuant to California State law. If a
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Proposer believes that a specific section of its Proposal response is confidential, the Proposer will isolate the pages marked confidential in a specific and clearly labeled section of its Proposal response. A Proposer may request specific information contained within its Proposal is treated by the Procurement Officer as confidential provided the Proposer clearly labels the information “confidential.” To the extent necessary for the evaluation process, information marked as “confidential” will not be treated as confidential. Once the procurement file becomes available for public inspection, the Procurement Officer will not make any information identified by the Proposers as “confidential” available to the public unless necessary to support the evaluation process or if specifically requested in accordance with applicable public records law. When a public records request for such information is received, the Procurement Officer will notify the Proposer in writing of any request to view any portion of its Proposal marked “confidential.” The Proposer will have the time set forth in the notice to obtain a court order enjoining such disclosure.
If the Proposer does not provide the Procurement Officer with a court order enjoining release of the information during the designated time, the Procurement Officer will make the information requested available for inspection.
Right to Disqualify
The City reserves the right to disqualify any Proposer who fails to provide information or data requested or who provides materially inaccurate or misleading information or data. The City further reserves the right to disqualify any Proposer on the basis of any real or apparent conflict of interest that is disclosed by the Proposer submitted or any other data or information available to the City. This disqualification is at the sole discretion of the City. By submission of a solicitation response, the Proposer waives any right to object now or at any future time, before any agency or body including, but not limited to, the City Council of the City of Porterville or any court as to the exercise by the City of such right to disqualify or as to any disqualification by reason of real or apparent conflict of interest determined by the City. The City reserves the right to replace the disqualified Proposer.
Late Proposals
Late Proposals must be rejected, except for good cause. If a late Proposal is submitted, the Department will document the date and time of the submittal of the late Proposal, keep the Proposal and notify the Proposer that its Proposal was disqualified for being late.
Pre-Bid Meeting
A mandatory site visit is REQUIRED in order to be familiar with the site and the work to be performed. To examine the site, please contact the Director of Transportation, Richard Tree at (559) 782-7514 or [email protected].
Contract Award
The City reserves the right to award a contract by individual line items, by group, all or none, or any other combination most advantageous to the City. The City reserves the right to multiple award contracts.
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Determining Responsiveness and Responsibility
Proposals will be reviewed for documentation of any required minimum qualifications, completeness, and compliance with the Solicitation requirements. The City reserves sole discretion to determine responsiveness and responsibility.
Responsiveness: Nonresponsive Proposals will not be considered in the evaluation process. The solicitation states criteria that determine responsiveness, and the solicitation includes terms and conditions that if included or excluded from Proposals will render a Proposal nonresponsive.
Exceptions, conditions, reservations, or understandings are presumed to be unacceptable, and a Proposal that includes unacceptable exceptions, conditions, reservations, or understandings may be rejected as nonresponsive. Alternatively, the City in its sole discretion may instruct in writing that any Proposer remove the conditions, exceptions, reservations or understandings. If the Proposer fails to do so in writing, the City may determine the Proposal to be nonresponsive.
Responsibility: To obtain true economy, the City must conduct solicitations to minimize the possibility of a subsequent default by Contractor, late deliveries, or other unsatisfactory performance that may result in additional administrative costs. It is important that the Proposer be a responsible contractor. Responsibility includes the Proposer’s integrity, compliance with public policy, skill, capacity, experience, record of past performance, financial and technical resources, and facilities for conducting the work to be performed.
The Procurement Officer will review each Proposal to determine if the Proposer is responsible.
The City’s determination as to whether an Proposer is responsible will be based on all information furnished by the Proposer, interviews (if any), any information at the City’s request and information received from Proposer’s references, including information about Proposer’s history, terminations for convenience or cause, contract breach lawsuits or notices of claim and any other sources the City deems appropriate. Award of the Contract resulting from the solicitation will not be made until any necessary investigation, which each Proposer agrees to permit by submitting its Proposal, is made by the City as it deems necessary. A review of responsibility may occur up to contract award.
The Proposer’s unreasonable failure to promptly supply information about an inquiry with respect to responsibility may be grounds for a determination of non-responsibility with respect to such Proposal.
Clarifications
The City may request written clarifications for such purposes as information gathering or eliminating minor irregularities in offers. Clarifications shall not otherwise afford the Offerors the opportunity to alter or change their offers.
Detailed Evaluation of Proposals and Determination of Competitive Range During deliberations, the Evaluation Panel will reach a consensus score for each evaluation criterion except price. The Procurement Officer will score the price, which will be added to the
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overall consensus score. The overall consensus scores will determine the Proposer’s rankings and which Proposals are within the Competitive Range, when appropriate.
Proposals Not Within The Competitive Range
The City may notify Proposers of Proposals that the City determined are not in the Competitive Range.
Discussions With Proposers In The Competitive Range
The City will notify each Proposer whose Proposal is in the Competitive Range or made the ‘short list’ and provide in writing any questions or requests for clarification to the Proposer. Each Proposer so notified may be interviewed by the City and asked to discuss answers to written or oral questions or provide clarifications to any facet of its Proposal. The Proposers in the competitive range may be required to provide a demonstration of their product.
Demonstrations - Proposers in the competitive range may be invited to construct a hands-on sample or presentation of their solution at the City of Porterville. In addition, each finalist may prepare and deliver a presentation of their proposed solution based on the script developed by the evaluation panel. The City may also require a hands-on lab demonstration designed specifically for the evaluation panel. The results of the surveys will be tabulated and delivered to the evaluation team for the final review and solution selection session(s).
If a Proposal in the Competitive Range contains conditions, exceptions, reservations or understandings to or about any Contract or Solicitation Scope requirement, the City may discuss or negotiate the conditions, exceptions, reservations or understandings during these meetings. But the City in its sole discretion may reject any and all conditions, exceptions, reservations and understandings, and the City may instruct any Proposer to remove the conditions, exceptions, reservations or understandings. If the Proposer fails to do so, the City may determine the Proposal is nonresponsive, and the City may revoke its determination that the Proposer is in the Competitive Range.
To the fullest extent permitted by law, the City will not provide any information, financial or otherwise, to any Proposer about other Proposals received in response to this solicitation. During discussions with Proposers in the Competitive Range, the City will not give Proposers specific prices or specific financial requirements that Proposers must meet to qualify for further consideration. The City may state that proposed prices are too high with respect to the marketplace or otherwise unacceptable. Proposers will not be told of their relative rankings before Contract award.
Best and Final Offers (BAFO)
A BAFO is an option available for negotiations. Each Proposer in the Competitive Range, which is determined in the City’s sole discretion, may be afforded the opportunity to amend its Proposal and make one BAFO.
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If a Proposer’s BAFO modifies its initial offer, the BAFO should include a “Change Log” identifying all modifications made to the Proposal. The City will evaluate BAFOs based on the same requirements and criteria applicable to initial Proposals. The City will adjust appropriately, at its sole discretion, the initial scores for criteria that have been affected by Proposal modifications made by a BAFO. Based on the criteria defined in the solicitation as weighted, the City will then perform final scoring and prepare final rankings.
The Evaluation Panel will recommend the Proposal that is the most advantageous to the City based on the evaluation criteria.
The City reserves the right to make an award to a Proposer whose Proposal is the highest rated and most advantageous to the City based on the evaluation criteria, without conducting written or oral discussions with any Offeror, without negotiations, and without soliciting BAFOs.
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Section II – Standard Terms and Conditions
Contract Interpretation
Applicable Law
This Contract will be governed by the law of the State of California, and suits pertaining to this Contract will be brought only in Federal or State courts in Tulare County, State of California.
Contract Order Of Precedence
In the event of a conflict in the provisions of the Contract, as accepted by the City and as they may be amended, the following will prevail in the order set forth below:
• Federal Terms and Conditions
• Special Terms and Conditions
• Standard Terms and Conditions
• Amendments
• Scope of Work
• Specifications
• Attachments
• Exhibits
• Instructions to Contractors
• Other documents referenced or included in the RFP
Organization – Employment Disclaimer
The Agreement resulting hereunder is not intended to constitute, create, give rise to, or otherwise recognize a joint venture agreement or relationship, partnership or formal business organization of any kind, and the rights and obligations of the parties will be only those expressly set forth in the agreement. The parties agree that no persons supplied by the Contractor in the performance of Contractor’s obligations under the agreement are considered to be City’s employees and that no rights of City civil service, retirement or personnel rules accrue to such persons. The Contractor will have total responsibility for all salaries, wage bonuses, retirement, withholdings, workmen’s compensation, occupational disease compensation, unemployment compensation, other employee benefits and all taxes and premiums appurtenant thereto concerning such persons and will save and hold the City harmless with respect thereto.
Severability
The provisions of this Contract are severable to the extent that any provision or application held to be invalid will not affect any other provision or application of the contract which may remain in effect without the invalid provision or application.
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Non-Waiver of Liability
The City of Porterville as a public entity supported by tax monies, in execution of its public trust, cannot agree to waive any lawful or legitimate right to recover monies lawfully due it. Therefore, any Contractor agrees that it will not insist upon or demand any statement whereby the City agrees to limit in advance or waive any right the City might have to recover actual lawful damages in any court of law under applicable California law.
Parol Evidence
This Agreement is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of this agreement. No course of prior dealings between the parties and no usage in the trade will be relevant to supplement or explain any term used in this Contract. Acceptance or acquiescence in a course of performance rendered under this contract will not be relevant to determine the meaning of this Contract even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity to object.
Contract Administration and Operation
Records
All books, accounts, reports, files, and other records relating to the contract will be subject at all reasonable times to inspection and audit by the City for five years after completion of the contract.
Such records will be produced at a City of Porterville office as designated by the City.
Confidentiality will be maintained, and City will not violate any proprietary or other confidentiality agreements vendor has in place.
Discrimination Prohibited
Any Contractor, in performing under this contract, will not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age or disability nor otherwise commit an unfair employment practice. The Contractor will take action to ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, or national origin, age or disability and adhere to a policy to pay equal compensation to men and women who perform jobs that require substantially equal skill, effort, and responsibility, and that are performed within the same establishment under similar working conditions. Such action will include but not be limited to the following: Employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff, or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The Contractor further agrees that this clause will be incorporated in all subcontracts with all labor organizations furnishing skilled, unskilled, and union labor, or who may perform any such labor or services in connection with this contract. Contractor further agrees that this clause will be incorporated in all subcontracts.
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Equal Employment Opportunity and Pay
For a Contractor with 35 employees or fewer: Contractor in performing under this Agreement shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age, or disability, nor otherwise commit an unfair employment practice. The Contractor will ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, national origin, age, or disability. Such action shall include but not be limited to the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship.
The Contractor further agrees that this clause will be incorporated in all subcontracts related to this Agreement that involve furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this Agreement. Contractor further agrees that this clause will be incorporated in all subcontracts.
For a Contractor with more than 35 employees: Contractor in performing under this Agreement shall not discriminate against any worker, employee or applicant, or any member of the public, because of race, color, religion, sex, national origin, age, or disability, nor otherwise commit an unfair employment practice. The Contractor will ensure that applicants are employed, and employees are dealt with during employment without regard to their race, color, religion, sex, national origin, age, or disability, and shall adhere to a policy to pay equal compensation to men and women who perform jobs that require substantially equal skill, effort, and responsibility, and that are performed within the same establishment under similar working conditions. Such action shall include but not be limited to the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The Contractor further agrees that this clause will be incorporated in all subcontracts with all labor organizations furnishing skilled, unskilled and union labor, or who may perform any such labor or services in connection with this contract. Contractor further agrees that this clause will be incorporated in all subcontracts, job-Contractor agreements. The Contractor further agrees not to discriminate against any worker, employee or applicant, or any member of the public, because of sexual orientation or gender identity or expression and shall ensure that applicants are employed, and employees are dealt with during employment without regard to their sexual orientation or gender identity or expression.
Documentation: Contractors may be required to provide additional documentation to the Equal Opportunity Department affirming that a nondiscriminatory policy is being utilized.
Monitoring: The City shall monitor the employment policies and practices of Contractors subject to this article as deemed necessary. The City is authorized to conduct on-site compliance reviews of selected firms, which may include an audit of personnel and payroll records, if necessary.
Health, Environmental and Safety Requirements
The Contractor’s products, services and facilities will be in full compliance with all applicable Federal, State and local health, environmental and safety laws, regulations, standards, codes and ordinances, regardless of whether or not they are referred to by the City.
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At the request of City representatives, the Contractor will provide the City:
• Environmental, safety and health regulatory compliance documents (written safety programs, training records, permits, etc.) applicable to services provided by the Contractor in this contract.
• A list of all federal, state, or local (EPA, OSHA, Tulare County, etc.) citations or notice of violations issued against their firm or their subcontractors including dates, reasons, dispositions and resolutions.
The City will have the right, but not the obligation to inspect the facilities, transportation vehicles or vessels, containers and disposal facilities provided by the Contractor or subcontractor. The City will also have the right to inspect operations conducted by the Contractor or subcontractor in the performance of this Agreement. The City further reserves the right to make unannounced inspections of the Contractor’s facilities (during normal business hours).
Compliance With Laws
Contractor agrees to fully observe and comply with all applicable Federal, State and local laws, regulations, standards, codes and ordinances when performing under this Contract regardless of whether they are being referred to by the City. Contractor agrees to permit City inspection of Contractor’s business records, including personnel records to verify any such compliance.
Because the Contractor will be acting as an independent Contractor, the City assumes no responsibility for the Contractor’s acts.
Continuation During Disputes
Contractor agrees that notwithstanding the existence of any dispute between the parties, insofar as is possible, under the terms of the contract, the Contractor will continue to perform the obligations required of Contractor during the continuation of any such dispute unless enjoined or prohibited by a California Court of competent jurisdiction.
Emergency Purchases
The City reserves the right to purchase from other sources those items which are required on an emergency basis and cannot be supplied immediately from stock by the Contractor.
Costs and Payments
General
Any prompt payment terms offered must be clearly noted by the Contractor on all invoices submitted to the City for the payment of goods or services received. The City will make every effort to process payment for the purchase of material or services within thirty to forty-five calendar days after receipt of a correct invoice, unless a good faith dispute exists to any obligation to pay all or a portion of the account. Payment terms are specified in the Proposal.
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Payment Deduction Offset Provision
Contractor acknowledges that the City Charter requires that no payment be made to any Contractor as long as there is an outstanding obligation due to the City. Contractor agrees that any obligation it owes to the City will be offset against any payment due to the Contractor from the City.
Late Submission of Claim By Contractor
The City will not honor any invoices or claims which are tendered one year after the last item of the account accrued.
Discounts
Payment discounts will be computed from the date of receiving acceptable products, materials and/or services or correct invoice, whichever is later to the date payment is mailed.
No Advance Payment
Advance payments are not authorized. Payment will be made only for actual services or commodities that have been received, unless addressed specifically in the Scope of work for subscription services.
Fund Appropriation Contingency
The Contractor recognizes that any agreement entered into will commence upon the day first provided and continue in full force and effect until termination in accordance with its provisions.
The Contractor and the City herein recognize that the continuation of any contract after the close of any given fiscal year of the City, which ends on June 30th of each year, will be subject to the approval of the budget of the City providing for or covering such contract item as an expenditure therein. The City does not represent that said budget item will be actually adopted, said determination being the determination of the City Council at the time of the adoption of the budget.
Maximum Prices
The City will not be invoiced at prices higher than those stated in any contract resulting from this Proposal. Contractor certifies, by signing this Proposal that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions, as applicable and shown by quotes for like services and goods. Contractor further agrees that any reductions in the price of the goods or services covered by this Proposal and occurring after award will apply to the undelivered balance. The Contractor will promptly notify the City of such price reductions.
F.O.B Point
All prices are to be quoted F.O.B. destination, unless specified elsewhere in this solicitation.
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Contract Changes
Contract Amendments
Contracts will be modified only by a written contract amendment signed persons duly authorized to enter into contracts on behalf of the Contractor. No verbal agreement or conversation with any officer, agent, or employee of the City either before or after execution of the contract, will affect or modify any of the terms or obligations contained or to be contained in the contract. Any such verbal agreements or conversation shall be considered as unofficial information and in no way binding upon the City or the Contractor. All agreements shall be in writing and contract changes shall be by written amendment signed by both parties.
Assignment – Delegation
No right or interest in this contract nor monies due hereunder will be assigned in whole or in part without written permission of the City, and no delegation of any duty of Contractor will be made without prior written permission of the City, which may be withheld for good cause. Any assignment or delegation made in violation of this section will be void.
Non-Exclusive Contract
Any contract resulting from this solicitation will be awarded with the understanding and agreement that it is for the sole convenience of the City. The City reserves the right to obtain like goods or services from another source when necessary.
Risk of Loss and Liability
Title and Risk of Loss
The title and risk of loss of material or service will not pass to the City until the City actually receives the material or service at the point of delivery; and such loss, injury, or destruction will not release seller from any obligation hereunder.
Acceptance
All material or service is subject to final inspection and acceptance by the City. Material or service failing to conform to the specifications of this contract will be held at Contractor's risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor.
Noncompliance will conform to the cancellation clause set forth in this document.
Force Majeure
Except for payment of sums due, neither party will be liable to the other nor deemed in default under this contract if and to the extent that such party's performance of this contract is prevented by reason of force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Force majeure will not include late performance by a subcontractor unless the delay arises out of a force majeure occurrence in accordance with this force majeure term and condition.
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If either party is delayed at any time in the progress of the work by force majeure, the delayed party will notify the other party in writing of such delay, as soon as is practical, of the commencement thereof and will specify the causes of such delay in such notice. Such notice will be hand-delivered or mailed certified-return receipt and will make a specific reference to this provision, thereby invoking its provisions. The delayed party will cause such delay to cease as soon as practicable and will notify the other party in writing when it has done so. The time of completion will be extended by contract modification for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with this contract.
Loss of Materials
The City does not assume any responsibility, at any time, for the protection of or for loss of materials, from the time that the contract operations have commenced until the final acceptance of the work by the project manager.
Contract Performance
Contractor will furnish all necessary labor, tools, equipment, permitting, and supplies to perform the required services at the City facilities designated, unless otherwise specifically addressed in the scope, or elsewhere in this Agreement. The City's authorized representative will decide all questions which may arise as to the quality and acceptability of any work performed under the contract. If, in the opinion of the City's authorized representative, performance becomes unsatisfactory, the City will notify the Contractor.
The Contractor will have 30 days from that time to correct any specific instances of unsatisfactory performance, unless a different amount of time is specified in the agreement. In the event the unsatisfactory performance is not corrected within the time specified, the City will have the immediate right to complete the work to its satisfaction and will deduct the cost to cover from any balances due or to become due the Contractor. Repeated incidences of unsatisfactory performance may result in cancellation of the agreement for default.
Damage to City Property
Contractor will perform all work so that no damage to the building or grounds results. Contractor will repair any damage caused to the satisfaction of the City at no cost to the City.
Contractor will take care to avoid damage to adjacent finished materials that are to remain. If finished materials are damaged, Contractor will repair and finish to match existing material as approved by the City at Contractor's expense.
City’s Contractual Rights
Whenever one party to this contract in good faith has reason to question the other party's intent to perform, the former party may demand that the other party give a written assurance of this intent to perform. In the event that a demand is made, and no written assurance is given within five days, the demanding party may treat this failure as an anticipatory repudiation of this contract.
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Non-Exclusive Remedies
The rights and remedies of the City under this Contract are non-exclusive.
Default In One Installment To Constitute Breach
Each installment or lot of the agreement is dependent on every other installment or lot and a delivery of non-conforming goods or a default of any nature under one installment or lot will impair the value of the whole agreement and constitutes a total breach of the agreement as a whole.
On Time Delivery
Because the City is providing services which involve health, safety and welfare of the general public, delivery time is of the essence. Delivery must be made in accordance with the delivery schedule promised by the Contractor.
Default
In case of default by the Contractor, the City may, by written notice, cancel this contract and repurchase from another source and may recover the excess costs by (1) deduction from an unpaid balance due; (2) collection against the bid and/or performance bond, or (3) a combination of the aforementioned remedies or other remedies as provided by law.
Covenant Against Contingent Fees
Contractor warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employers or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the City will have the right to annul the contract without liability or in its discretion to deduct from the contract price a consideration, or otherwise recover the full amount of such commission, brokerage or contingent fee.
Cost Justification
In the event only one response is received, the City may require that the Contractor submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the Proposal price is fair and reasonable.
Work Product, Equipment and Materials
All work product, equipment, or materials created or purchased under this contract belongs to the City and must be delivered to the City at City’s request upon termination of this contract.
Contractor agrees to assign to City all rights and interests Contractor may have in materials prepared under this contract that are “works for hire” within the meaning of the copyright laws of the United States, including any right to derivative use of the material.
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Contract Termination
Gratuities
The City may, by written notice to the Contractor, cancel this contract if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor, to any officer or employee of the City making any determinations with respect to the performing of such contract. In the event this contract is canceled by the City pursuant to this provision, the City will be entitled, in addition to any other rights and remedies, to recover or withhold from the Contractor the amount of the gratuity.
Conditions and Causes for Termination
This contract may be terminated at any time by mutual written consent, or by the City, with or without cause, upon giving thirty-day written notice to Contractor. The City at its convenience, by written notice, may terminate this contract, in whole or in part. If this contract is terminated, the City will be liable only for payment under the payment provisions of this contract for services rendered and accepted material received by the City before the effective date of termination. Title to all materials, work-in-process and completed but undeliverable goods, will pass to the City after costs are claimed and allowed. The Contractor will submit detailed cost claims in an acceptable manner and will permit the City to examine such books and records as may be necessary in order to verify the reasonableness of any claims.
The City reserves the right to cancel the whole or any part of this contract due to failure of Contractor to carry out any term, promise, or condition of the contract. The City will issue a written notice of default to Contractor for acting or failing to act as in any of the following:
• In the opinion of the City, Contractor provides personnel who do not meet the requirements of the contract;
• In the opinion of the City, Contractor fails to perform adequately the stipulations, conditions or services/specifications required in this contract; • In the opinion of the City, Contractor attempts to impose on the City personnel or materials, products or workmanship, which is of an unacceptable quality. • Contractor fails to furnish the required service and/or product within the time stipulated in the contract;
• In the opinion of the City, Contractor fails to make progress in the performance of the requirements of the contract and/or give the City a positive indication that Contractor will not or cannot perform to the requirements of the contract.
State and Local Sales and Use Taxes
In accordance with applicable state and local law, sales and use taxes may be applicable to this transaction. The state and local sales and use tax burden and legal liability to remit taxes are on the vendor that is conducting business in California and the City of Porterville. It is the responsibility of the prospective bidder to determine any applicable taxes. The City will look at the price or offer submitted and will not deduct, add or alter pricing based on speculation or
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application of any taxes, nor will the City provide advice or guidance. If you have questions regarding your tax liability, please seek advice from a tax professional prior to submitting your offer. Once your proposal is submitted, the Proposal is valid for the time specified in this Solicitation, regardless of mistake or omission of tax liability. If the City finds over payment of a project due to tax consideration that was not due, the Contractor will be liable to the City for that amount, and by contracting with the City, the Contractor agrees to remit any overpayments back to the City for miscalculations on taxes included in an offer price.
Tax Indemnification
Contractor shall, and require the same of all subcontractors, pay all federal, state and local taxes applicable to its operation and any persons employed by the Contractor. Contractor shall, and require the same of all subcontractors, hold the City harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under federal, and/or state and local laws and regulations and any other costs including sales and use taxes, unemployment compensation insurance, Social Security and Worker’s Compensation, and require the same of all subcontractors.
Tax Responsibility Qualifications
Contractor may be required to establish, to the satisfaction of City, that any and all fees and taxes due to the City or the State of California for any License or Sales taxes, Use Taxes or similar excise taxes, are currently paid (except for matters under legal protest). Contractor agrees to a waiver of the confidentiality provisions contained in the City Finance Code and any similar confidentiality provisions contained in California statutes relative to State Sales and Use Taxes. Contractor agrees to provide written authorization to the City Finance Department and to the California State Department of Revenue to release tax information relative to California Sales and Use Taxes in order to assist the Department in evaluating Contractor's qualifications for and compliance with contract for duration of the term of contract.
Russia Sanctions
Executive Order N-6-22 – Russia Sanctions. On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, which shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.
Mitigation of Heat-Related Illnesses and Injuries in the Workplace Any contractor whose employees and contract workers perform work in an outdoor environment under this contract must keep on file a written heat safety plan. The City may request a copy of this plan and documentation of all heat safety and mitigation efforts currently implemented to
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prevent heat-related illnesses and injuries in the workplace. The plan must also be posted where it is accessible to employees. At a minimum, the heat safety and mitigation plan and documentation required under this provision shall include each of the following as it relates to heat safety and mitigation:
• Availability of sanitized cool drinking water free of charge at locations that are accessible to all employees and contract workers.
• Ability to take regular and necessary breaks as needed and additional breaks for hydration. • Access to shaded areas and/or air conditioning.
• Access to air conditioning in vehicles with enclosed cabs. All such vehicles must contain functioning air conditioning by no later than May 1, 2025. • Effective acclimatization practices to promote the physiological adaptations of employees or contract workers newly assigned or reassigned to work in an outside environment. • Conduct training and make it available and understandable to all employees and contract workers on heat illness and injury that focuses on the environmental and personal risk factors, prevention, how to recognize and report signs and symptoms of heat illness and injury, how to administer appropriate first aid measures, and how to report heat illness and injury to emergency medical personnel.
The Contractor further agrees that this clause will be incorporated in all subcontracts with subcontractors, sublicensees or sublessees who may perform labor or services in connection with this contract. Additionally, the Contractor agrees to require all subcontractors, sublicensees or sublessees to include this clause in all contracts with any third party who is contracted to perform labor or services in connection with this contract. It is the obligation of the Contractor to ensure compliance by its subcontractors.
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Section III – Special Terms and Conditions
Term of Contract and Option To Extend
The Contract shall commence on the date both the City and Contractor execute the Agreement (“Contract’s start date”), and end when the City Council accepts the project as completed (“Contract’s end date”).
Post Award Conference
A post award conference may be held by the City prior to commencement of any work. Contractor will be required to attend. The purpose of this conference would be to discuss critical elements of the work schedule, operational problems, the transition plan and procedures.
Estimated Quantities
Quantities listed are the City’s best estimate and do not obligate the City to order or accept more than City’s actual requirements during the period of this Contract, as determined by actual needs.
It is expressly understood and agreed that the Contract is to supply the City with its complete actual requirement for the Contract period.
Authorized Changes
The City reserves the right at any time to make changes in any one or more of the following: (a) specifications; (b) methods of shipment or packing; (c) place of delivery; (d) time of delivery; and/or (e) quantities. If the change causes an increase or decrease in the cost of or the time required for performance, an equitable adjustment may be made in the price or delivery schedule, or both.
Any claim for adjustment will be deemed waived unless asserted in writing within sixty days from the receipt of the change. Price increases or extensions of delivery time will not be binding on the City unless evidenced in writing and approved by the City Council prior to the institution of the change
Alteration In Character Of Work
No changes in the scope, character, or complexity of work may be made by Contractor without first receiving approval by contract amendment properly defining and limiting the change. The City will not pay any claim for extra work done or materials furnished by Contractor except as provided in this Contract, and Contractor may not do any work or furnish any materials not covered by this Contract unless first approved by the City through contract amendment. Any such work or materials furnished by Contractor without prior contract amendment is Contractor’s sole risk, cost, and expense, and Contractor may not make any claim for compensation for any such work or materials.
Method Of Invoicing And Payment
The CITY will compensate Contractor for satisfactory and complete performance of work under the Contract at the prices set forth in the Contract, with no additional charges for equipment, supplies, overhead, travel or administrative support.
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Contractor shall be paid monthly in arrears. On or before the 10th day of each calendar month, Contractor shall submit one (1) invoice to the City for services provided during the previous month and each invoice shall contain the date, contract number, supporting documentation, and invoice amount. Advance payments are not authorized. Payment may only be made for actual goods and/or services that have been received, less liquidated damages.
The invoice must contain the associated purchase order number on the invoice itself and must be free of mathematical errors and/or missing supporting documentation. Upon finding an error and/or missing documentation, the City will return the invoice to Contractor. Contractor shall promptly resubmit the revised invoice to the City. Failure to identify an error does not waive any of the City’s rights. The City shall make every effort to process payment for the purchase of services within 45 calendar days after receipt and approval of a correct invoice.
Any prompt payment discounts offered must be clearly noted by Contractor on all invoices submitted to the City. Monthly invoice must be sent for review to the City’s Project Manager. The City shall notify the Contractor if the invoice has been approved or if it requires additional documentation and/or correction.
Following invoice approval, Contractor will email the invoice in PDF format to [email protected], copying the City’s Project Manager. Each PDF attachment will contain only one invoice, although multiple PDFs may accompany an email. The email will be in plain text format free of any signatures or images (jpeg, bmp, etc.).
A “remit to” address must also be on the invoice and must match the address on file with the City.
Any changes to the remit to address must be updated by the vendor.
Key Personnel
Contractor shall maintain the Key Personnel identified in its proposal for a minimum of 24 months from the “Effective Date” of contract award by City Council unless they are no longer employed by Contractor. Contractor shall notify the City in writing prior to removing, reassigning, or appointing an individual from or to any Key Personnel position whether in an acting or permanent capacity. For all Key Personnel, Contractor shall fill vacancies with City approval within 45 calendar days of the vacancy, unless otherwise approved by the City in writing. All of Contractor’s Key Personnel shall be assigned full-time (a minimum of 40 hours per week) to this project, unless otherwise approved in writing by the City. In the event one or more of Contractor’s Key Personnel is permanently replaced, Contractor shall notify the City in writing at least 72 hours prior to the replacement date and time. The replacement personnel shall be subject to the City’s prior approval in writing.
Strict Performance
Failure of either party to insist upon the strict performance of any item or condition of the contract or to exercise or delay the exercise of any right or remedy provided in the contract, or by law, or the acceptance of materials or services, obligations imposed by this contract, or by law, will not be deemed a waiver of any right of either party to insist upon the strict performance of the contract.
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Performance Interference
Contractor shall notify the City’s Project Manager immediately of any occurrence and/or condition that threatens to interfere with the full performance of the contract and confirm it in writing within 24 hours.
Unsatisfactory Performance
Contractor will furnish all necessary labor, tools, equipment, permitting, and supplies to perform the required services at the City facilities designated, unless otherwise specifically addressed in the Scope of Work, or elsewhere in this Contract. The City shall decide all questions as to the quality and acceptability of any work performed under the Contract as monitored and documented by the City. If, in the opinion of the City, performance becomes unsatisfactory, the City shall notify Contractor. Contractor shall have a reasonable time to cure the unsatisfactory performance.
If the unsatisfactory performance is not cured within the time specified, the City may immediately correct or complete the work to its satisfaction and deduct the associated costs from any balances due or to become due to Contractor. Contractor will be liable for difference between cost to the City to complete the Work with other forces and the cost to the City for completion of the Work by Contractor per the contract. Repeated incidences of unsatisfactory performance may result in cancellation of the Contract for default.
Employee Identification and Facility Access
Only authorized Contractor employees are allowed on the premises of City facilities. Contractor employees are not to be accompanied in the work area by acquaintances, family members, assistants or any other person unless said person is an authorized Contractor or subcontractor employee.
Confidentiality
“Confidential Information” means all non-public, confidential, sensitive, or proprietary information disclosed or made available by City to Contractor or its affiliates, employees, contractors, partners, or agents (collectively “Recipient”), whether disclosed before or after the “Effective Date” of contract award by City Council, whether disclosed orally, in writing, or via permitted electronic access, and whether or not marked, designated, or otherwise identified as confidential. Confidential Information includes, but is not limited to: user contents, electronic data, meta data, employment data, network configurations, information security practices, business operations, strategic plans, financial accounts, personally identifiable information, protected health information, protected criminal justice information, and any other information that by the nature and circumstance of the disclosure should be deemed confidential. Confidential Information does not include this document or information that: (a) is now or subsequently becomes generally available to the public through no wrongful act or omission of Recipient; (b) Recipient can demonstrate by its written records to lawfully have had in its possession prior to receiving such information from the City; (c) Recipient can demonstrate by its written records to have been independently developed by Recipient without direct or indirect use of any Confidential
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Information; (d) Recipient lawfully obtains from a third party who has the right to transfer or disclose it; or (e) the City has approved in writing for disclosure.
Recipient shall: (a) protect and safeguard Confidential Information with at least the same degree of care as Recipient would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care, such as ensuring data is encrypted in transit and at rest and maintaining appropriate technical and organizational measures in performing the Services under the Contract; (b) not use Confidential Information, or permit it to be accessed or used, for any purpose other than in accordance with the Contract; (c) not use Confidential Information, or permit it to be accessed or used, in any manner that would constitute a violation of law, including without limitation export control and data privacy laws; and (d) not disclose Confidential Information except to the minimum number of recipients who have a need to know and who have been informed of and agree to abide by confidentiality obligations that are no less restrictive than the terms of this Contract. If Recipient is required by law or court order to disclose any Confidential Information, Recipient will first give written notice to the City and provide the City with a meaningful opportunity to seek a protective order or limit disclosure.
Upon the City’s written request or expiration of this Contract, whichever is earlier, Recipient shall, at no additional costs to the City, promptly return or destroy all Confidential Information belonging to the City that Recipient has in its possession or control. After return or destruction of the Confidential Information, Recipient shall certify in writing as to its compliance with this paragraph.
If applicable, Contractor agrees to comply with all City information technology policies and security standards, as may be updated from time to time, when accessing City networks and computerized systems whether onsite or remotely.
In addition to, and not in lieu of, all other rights and remedies available to the City, Contractor will defend, indemnify, and hold the City harmless against all losses, claims, costs, attorneys’ fees, damages or proceedings arising out of Contractor’s breach of this Section. Contractor’s obligations pursuant to this Section shall not be subject to any limits of liability or exclusions as may be stated elsewhere in the Contract.
A violation of this Section shall be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may at the City’s discretion result in immediate termination of this Contract without notice. The obligations of Contractor under this Section shall survive the termination of this Contract.
Data Protection
The parties agree this Section shall apply to the City’s Confidential Information and all categories of legally protected personally identifiable information (collectively “PII”) that Contractor processes pursuant to the Contract. “Personally identifiable information” is defined as in the Federal Privacy Council’s Glossary available at: fpc.gov/resources/glossary.
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As between the parties, the City is the data controller and owner of PII and Contractor is a data processor. In this Section, the term “process,” “processing,” or its other variants shall mean: an operation or set of operations which is performed on PII, whether or not by automated means, including without limitation: collection, recording, copying, analyzing, caching, organizing, structuring, storage, adaptation, alteration, retrieval, transmission, dissemination, alignment, combination, restriction, erasure, or destruction.
When Contractor processes PII pursuant to the Contract, Contractor shall, at no additional cost to the City:
(1) process PII only within the United States and only in accordance with the Contract and not for Contractor’s own purposes, including product research, product development, marketing, or commercial data mining, even if the City’s data has been aggregated, anonymized, or pseudonymized;
(2) implement and maintain appropriate technical and organizational measures to protect PII against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure, including at a minimum, and as applicable, those measures specified by the National Institute of Standards and Technology (NIST) SP800-53; Health Information Technology for Economic and Clinical Health (HITECH) Act; Payment Card Industry Data Security Standards; and good industry practice. (When considering what measures are appropriate and in line with good industry practice, Contractor shall keep abreast of current regulatory trends in data security and the state of technological development to ensure a level of security appropriate to the nature of the data to be protected and the harm that might result from such unauthorized or unlawful processing or accidental loss, destruction, damage, theft, alteration or disclosure. At minimum, Contractor will timely remediate any vulnerabilities found within its network that are rated medium or more critical by the Common Vulnerability Scoring System (CVSS); however, Contractor must remediate vulnerabilities that are rated critical within 14 days and vulnerabilities that are rated high within 30 days. If requested by the City, Contractor shall promptly provide a written description of the technical and organizational methods it employs for processing PII.) (3) not subcontract any processing of PII to any third party (including affiliates, group companies or sub-contractors) without the prior written consent of the City; and Contractor shall remain fully liable to the City for any processing of PII conducted by a sub-processor appointed by Contractor; (4) as applicable, implement and maintain appropriate policies and procedures to manage payment card service providers with whom Contractor shares sensitive financial information or cardholder data; and provide the City with a Qualified Security Assessor Attestation of Compliance for Payment Card Industry Data Security Standards on an annual basis, but no later than within 30 days of attestation report completion;
(5) take reasonable steps to ensure the competence and reliability of Contractor’s personnel or subprocessor who have access to the PII, including verifications and background checks appropriate to the security level required for such data access;
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(6) maintain written records of all information reasonably necessary to demonstrate Contractor’s compliance with this Contract and applicable laws;
(7) allow the City or its authorized agents to conduct audit inspection during the term of the Contract, but no more than once per year, which may include providing access to the premises, documents, resources, personnel Contractor or Contractor’s sub-contractors use in connection with the Services; provided however, the City may at its sole discretion accept a qualified and industry recognized independent third-party assessment report or certification (such as SSAE 18 SOC 2 or ISO/IEC 27001) provided by Contractor at no cost to the City in lieu of the audit inspection rights of this Section.
If Contractor becomes aware of any actual or potential data breach (each an “Incident”) arising from Contractor’s processing obligations pursuant to the Contract, Contractor shall notify the City without undue delay within 48 hours; and:
(1) provide the City with a detailed description of the Incident, the type of data that was the subject of the Incident, and the identity of each affected person as soon as such information can be collected or otherwise becomes available;
(2) take action immediately, at Contractor’s own expense, to investigate the Incident and to identify, prevent, and mitigate the effects of the Incident and to carry out any recovery or other action necessary to remedy the Incident;
(3) cooperate with the City in investigating the occurrence, including making available all relevant records, logs, files, data reporting, and other materials required to comply with applicable laws or as otherwise required by the City; and
(4) not directly contact any individuals who may be impacted by the Incident or release or publish any filing, communication, notice, press release, or report concerning the Incident without the City’s prior written approval (except where required to do so by applicable laws).
In addition to, and not in lieu of, all other rights and remedies available to the City, Contractor will defend, indemnify, and hold the City harmless against all losses, claims, costs, attorneys’ fees, damages or proceedings arising out of Contractor’s breach of this Section. Contractor’s obligations pursuant to this Section shall not be subject to any limits of liability or exclusions as may be stated elsewhere in the Contract.
A violation of this Section shall be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may at the City’s discretion result in immediate termination of this Contract without notice. The obligations of Contractor under this Section shall survive the termination of this Contract.
Security Inquiries
Contractor acknowledges that all of the employees that it provides pursuant to this Contract shall, at Contractor’s expense, be subject to background and security checks and screening at the request of the City. Contractor shall perform all such security inquiries and shall make the results available
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to the City for all employees considered for performing work (including supervision and oversight) under this Contract. City may make further security inquiries. Whether or not further security inquiries are made by the City, City may, at its sole, absolute and unfettered discretion, accept or reject any or all of the employees proposed by the Contractor for performing work under this Contract. Employees rejected by the City for performing services under this Contract may still be engaged by Contractor for other work not involving the City. An employee rejected for work under this Contract shall not be proposed to perform work under other City contracts or engagements without the City’s prior approval.
The City, in its sole discretion, reserves the right, but not the obligation to:
(1) require an employee/prospective employee of the Contractor to provide fingerprints and execute such other documentation as may be necessary to obtain criminal justice information; (2) act on newly acquired information whether or not such information should have been previously discovered;
(3) unilaterally change its standards and criteria relative to the acceptability of Contractor’s employees and/or prospective employees; and
(4) object, at any time and for any reason, to an employee of Contractor performing work (including supervision and oversight) under this Contract. Contractor will bear the costs of all inquiries requested by the City.
Contacts With Third Parties
Contractor or its subcontractors shall not contact third parties to provide any information in connection with the deliverables provided under this Contract without the prior written consent of the City. Should Contractor or its subcontractors be contacted by any person requesting information or requiring testimony relative to the Services provided under this Contract or any other prior or existing contract with the City, Contractor or its subcontractors shall promptly inform the City, giving the particulars of the information sought, and shall not disclose such information or give such testimony without the written consent of the City or court order. The obligations of Contractor and its subcontractors under this Section shall survive the termination of this Contract.
Contractor agrees that the requirements of this Section shall be incorporated into all subcontractor agreements entered into by Contractor. It is further agreed that a violation of this Section shall be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may result in immediate termination of this Contract without notice.
No Third Party Beneficiaries
The parties expressly agree that this Contract is not intended by any of its provisions to create any right of the public or any member thereof as a third-party beneficiary nor to authorize anyone not a party to this Contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Contract.
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Non-Disclosure
Contractor shall not disclose, without the City’s prior written consent, any information in the performance of the Services under this Contract to any person, firm, corporation, association, or other entity other than persons in the City’s organization qualified to receive such information, for any reason or purpose whatsoever, nor shall Contractor make use of any such confidential or proprietary information for its own purposes or for the benefit of any person, firm, corporation, or other entity, except the City.
Contractor agrees to act as a trustee of the foregoing information and as trustee of any other confidential information learned in connection by Contractor’s relationship with the City.
Contractor further represents to the City that, as an inducement to enter this Contract, Contractor will hold this information in trust and confidence for the City’s sole benefit and use.
Further, there shall be no dissemination or publication of any information gathered, or documents prepared in the course of the performance of the Services without the prior written consent of the City.
Should the City, upon advice of counsel, deem it necessary, due to existing or anticipated litigation, to assert a legal privilege of protection and non-disclosure with regard to the subject matter of this Contract, then, and in that event, upon written demand, Contractor shall relinquish to the possession and control of the City its entire file related to this Contract and only those portions of said file deemed by the City to be not privileged shall be returned to Contractor pending the resolution of the existing or anticipated litigation.
Contractor agrees that the requirements of this Section shall be incorporated into any subcontractor agreements entered into by Contractor. It is further agreed that a violation of this Section shall be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may result in immediate termination of this Contract without notice. The obligations of Contractor under this Section shall survive the termination of this Contract.
Advertising
Except as required by law, Contractor shall not publish, release, disclose or announce to any member of the public, press, official body, or any other third party any information or documents concerning this Contract or any part thereof without the prior written consent of the City. The name of any City site on which services are performed by the Contractor pursuant to this Contract shall not be used in any advertising or other promotional context by Contractor without the prior written consent of the City.
Accrued Liabilities
Contractor shall be responsible for the payment of all liabilities to its employees accrued during the contract term, including but not limited to accrued vacation, sick time, and any other benefits accrued under the terms of any collective bargaining agreement between Contractor and the union representing its employees or under the terms of any employment contract or agreement. All such payments shall be made by Contractor at the end of the contract term and no additional
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compensation shall be provided by the City for such accrued liabilities. Contractor shall not have any obligation for the liabilities of the prior contractor to its employees.
Claims or Demands Against The City
Contractor acknowledges and accepts the provisions of the Charter of the City of Porterville pertaining to claims or demands against the City, including provisions therein for set-off of indebtedness to the City against demands on the City, and Contractor agrees to adhere to the prescribed procedure for presentation of claims and demands. Nothing in the Charter of the City of Porterville alters, amends or modifies the supplemental and complementary requirements of the State of California Notice of Claim statutes pertaining to claims or demands against the City. If for any reason it is determined that the City Charter and state law conflict, then state law will control.
Moreover, nothing in this Contract will constitute a dispute resolution process, an administrative claims process, or contractual term sufficient to affect the date on which the cause of action accrues.
Conflicts of Interest
Contractor acknowledges that, to the best of its knowledge, information and belief, no person has been employed or retained to solicit or secure this Contract upon a promise of a commission, percentage, brokerage, or contingent fee, and that no member of the Porterville City Council or any employee of the City has any financial interest in the consulting firm. For breach of violation of this warranty, the City will have the right to annul this Contract without liability, including any such commission, percentage, brokerage or contingent fee.
The City reserves the right to immediately terminate the contract in the event that the City determines that Contractor has an actual or apparent conflict of interest.
Upon a finding by the City that gratuities in the form of entertainment, gifts or inducements were offered or given by Contractor, or any agent or representative of Contractor, to any officer or employee of the City for the purpose of securing this Contract, or securing favorable treatment with respect to the awarding, amending, or making of any determination with respect to the performance of this Contract, the City may, by one calendar day written notice to Contractor, terminate the right of Contractor to proceed under this Contract, provided that the existence of the facts upon which the City made such finding will be an issue and may be litigated in a California court of competent jurisdiction. In the event of such termination, the City will be entitled to the same remedies against Contractor as could be pursued in the event of default by Contractor.
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Section IV – Insurance and Indemnification
Standard General Defense and Indemnification
Contractor (“Indemnitor”) must defend, indemnify, and hold harmless the City of Porterville and its officers, officials (elected or appointed), agents, and employees (“Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses or expenses (including but not limited to court costs, attorney fees, expert fees, and costs of claim processing, investigation and litigation) of any nature or kind whatsoever (“Losses”) caused, or alleged to be caused, in whole or in part, by the wrongful, negligent or willful acts, or errors or omissions of Indemnitor or any of its owners, officers, directors, members, managers, agents, employees or subcontractors (“Indemnitor’s Agents”) arising out of or in connection with this Contract. This defense and indemnity obligation includes holding Indemnitee harmless for any Losses arising out of or recovered under any state’s Workers’ Compensation Law or arising out of the failure of Indemnitor or Indemnitor’s Agents to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. Indemnitor’s duty to defend Indemnitee accrues immediately at the time a claim is threatened or a claim is made against Indemnitee, whichever is first. Indemnitor’s duty to defend exists regardless of whether Indemnitor is ultimately found liable. Indemnitor must indemnify Indemnitee from and against any and all Losses, except where it is proven that those Losses are solely a result of Indemnitee’s own negligent or willful acts or omissions. Indemnitor will be responsible for primary loss investigation, defense and judgment costs where this indemnification applies. In consideration of the award of this Contract, Indemnitor waives all rights of subrogation against Indemnitee for losses arising from the work performed by Indemnitor or Indemnitor’s Agents for the City of Porterville. The obligations of Indemnitor under this provision survive the termination or expiration of this Contract.
Contractor’s Insurance
Contractor and subcontractors must procure insurance against claims that may arise from or relate to performance of the work hereunder by Contractor and its agents, representatives, employees and subcontractors. Contractor and subcontractors must maintain that insurance until all their obligations have been discharged, including any warranty periods under this Contract.
The City in no way warrants that the limits stated in this Section are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors and Contractor may purchase such additional insurance as they determined necessary.
Contractor must provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the liability limits provided that (1) the coverage is written on a “following form” basis, and (2) all terms under each line of coverage below are met.
Commercial General Liability – Occurrence Form
General Aggregate - $1,000,000
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Products – Completed Operations Aggregate - $1,000,000
Personal and Advertising Injury - $1,000,000
Fire Damage - $1,000,000
Each Occurrence - $1,000,000
The policy must name the City of Porterville as an additional insured with respect to liability for bodily injury, property damage and personal and advertising injury with respect to premises, ongoing operations, products and completed operations, and liability assumed under an insured contract arising out of the activities performed by, or on behalf of the Contractor related to this Contract.
There shall be no endorsement or modification which limits the scope of coverage or the policy limits available to the City of Porterville as an additional insured.
City of Porterville is an additional insured to the full limits of liability purchased by the Contractor.
The Contractor’s insurance coverage must be primary insurance and non- contributory with respect to any insurance or self-insurance carried by the City.
Automobile Liability
Bodily injury and property damage coverage for any owned, hired, and non-owned vehicles used in the performance of this Contract.
Combined Single Limit (CSL) $1,000,000
UM/UIM Per Person Limit $1,000,000
UM/UIM Per Accident Limit $1,000,000
• The policy must be endorsed to include the City of Porterville as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor, relating to this Contract.
• City of Porterville is an additional insured to the full limits of liability purchased by the Contractor.
• The Contractor’s insurance coverage must be primary insurance and non-contributory with respect to any insurance or self-insurance carried by the City.
Worker’s Compensation and Employers’ Liability
Workers’ Compensation
Employers’ Liability: Statutory
Each Accident $100,000
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Disease – Each Employee $100,000
Disease – Policy Limit $500,000
• Policy must contain a waiver of subrogation against the City of Porterville. • This requirement does not apply when a contractor or subcontractor is exempt, AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form.
Property Insurance – Contractor’s Property and Equipment Contractor must maintain all risk property insurance for Contractor’s personal property. The CITY will have no responsibility for any damage to Contractor’s personal property and Contractor’s property insurance must be endorsed to include a waiver of subrogation against the CITY.
Additional Insurance Requirements
Policies must include, or be endorsed to include, the following provisions:
1) On insurance policies where the City of Porterville is named as an additional insured, the City of Porterville must be an additional insured to the full limits of liability purchased by Contractor even if those limits of liability are in excess of those required by Contract. 2) Contractor’s insurance coverage or self-insurance must be primary insurance and noncontributory with respect to all other available sources. 3) Coverage provided by Contractor must not be limited to the liability assumed under the indemnification provisions of the Contract.
Notice of Cancellation
For each insurance policy required by the insurance provisions of this Contract, the Contractor must provide to the City, within 5 business days of receipt, a notice if a policy is suspended, voided, or cancelled for any reason. Such notice must be mailed, emailed, or hand delivered to City of Porterville.
Acceptability of Insurers
Insurance is to be placed with insurers duly licensed or authorized to do business in the state of California and with an “A.M. Best” rating of not less than B+ VI. The City in no way warrants that the required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.
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Verification of Coverage
Contractor must furnish the City with certificates of insurance (ACORD form or equivalent approved by the City) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.
All certificates and any required endorsements are to be received and approved by the City before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project.
Failure to maintain the insurance policies as required by this Contract or to provide evidence of renewal is a material breach of contract.
All certificates required by this Contract must be mailed, emailed, or hand delivered to City of Porterville.
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Section V - SCOPE OF WORK
The scope of work set forth in this Request for Proposals represents an outline of the goods and services which the CITY anticipates the successful Proposer to perform, and is presented for the primary purpose of allowing the CITY to compare proposals. The precise scope of work to be incorporated into the General Services Agreement shall be negotiated between the City and the successful Proposer. The CITY requests that the Proposer suggest changes to the scope of work (as a part of the proposal) in order to achieve the CITY’s Project Objectives.
Background
The City of Porterville’s Fuel Management System operates multiple fueling sites, bus wash, and gates for its fleet of approximately 300 vehicles and equipment. The fueling sites are located at the 555 N. Prospect Street, Porterville, CA 93257 and 1893 Newcomb St., Porterville, CA 93257.
City Corporation Yard (555 N. Prospect St., Porterville, CA 93257) The main fueling site (private) is located at the City Corporation Yard and has two 20,000 gallon in-ground tanks one for diesel and one for gasoline. The fuel is dispensed from two fuel islands, each with two fast fill single-hose dispensers for diesel and two for gasoline. There is a single controller for the fuel islands (Pictures Below)
The second fueling site (public) has a standalone controller and one fast fill two-hose Compressed Natural Gas (CNG) dispenser. The standalone controller is setup for payment and authorizations. (Pictures Below)
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The bus wash system is controlled by a single controller. (Picture Below).
Two entrance gates are each controlled by standalone controllers. (Picture Below)
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The main fuel station, with in-ground tanks, is monitored by a Veeder-Root TLS-350 automatic tank gauge. (Picture Below)
Data is collected using mag-strip cards with manual entry for utilization. All data is stored on a City computer and is integrated into the City’s Fleet Maintenance Software, RTA.
Porterville Airport (1893 Newcomb St., Porterville, CA 93257) The Porterville Airport fueling site (public) has two 20,000 gallon in-ground tanks one for JetA and one for AVGAS. The fuel is dispensed from a single fuel island, one fast fill single-hose dispenser for JetA and one dispenser for AVGAS. There is a single site controller and VeederRoot for the fuel site (Pictures Below)
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General Scope of Work
Proposer shall provide all necessary equipment, software/licensing, data plans, and labor required to perform a turnkey Fuel Management System Upgrade at each fueling site. The primary goals of this project are to:
1. Reduce labor managing legacy mag-strip cards.
2. Reduce dependency on local computer hardware to run fuel management system.
3. Improve real-time monitoring of equipment.
4. Improve customer service for public and private users.
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5. Improve reliability of fuel management system and equipment.
6. Improve operations by integrating technology.
7. Replace outdated or end-of-life equipment.
The objectives in meeting the primary goals are to:
1. Replace existing dispensers with next-generation commercial equipment.
2. Replace existing site controllers with next-generation commercial equipment.
3. Replace legacy fuel management system with next-generation cloud-based software.
4. Utilize automated and contactless payment/authorization whenever possible.
5. Offer fleet card features for self-service operations.
The City is seeking a fuel management system that requires no human intervention in the authorization of fueling and data collection. The system must also be able to work simultaneously with a wide range of authorization and secure payment methods. In addition to the fuel management system, the selected vendor must replace all out dated equipment, including but not limited to dispensers, site controllers, and tank monitoring.
A full list of bid specifications is provided in Attachment 1.
Proposal Format
Proposals should be clear, concise, and provide detailed information concerning the Proposer’s ability to successfully perform the obligations as described in the Scope of Work. All Proposals shall include the following documentation in the proposal package:
1. Cover Letter
a. Cover letter shall introduce the Proposer and establish interest in providing a turnkey Fuel System Upgrades that meet the requirements of the City. i. An individual duly authorized to commit resources on behalf of the Proposer must sign the letter.
2. Experience Statement
a. Indicate how many years of experience Proposer has in providing and the installation of fuel system equipment.
3. Describe procedures in place to provide assurances that fuel system upgrades will meet the needs of the intended use for the City.
4. Provide a list of at least three (3) references, current or past customers; including company name, address, contact name, phone number, current email address that have purchased units similar to the City’s request.
5. Provide a contract price proposal
6. Provide an estimated project schedule
7. Complete and submit all required forms
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Project Restrictions
A. Time is of the essence for the project. The Proposer shall complete the specified work within ninety (90) working days from the date of execution of the Agreement.
B. The City hours of operation are from 6:00 a.m. to 5:00 p.m., Monday to Friday. The Proposer may work outside of these hours with prior approval from the City. No request to work outside operating hours will be unreasonably denied.
C. Proposer is expected to provide a price proposal and detailed budget to complete all work detailed in the scope of work. All fees for elements contained in this scope of work should be included in the proposal. A total proposed “Not to Exceed” Fee for goods and services, including a Fee Schedule describing all charges and hourly rates for services shall be negotiated between the CITY and Proposer for this project.
D. Proposer is required to obtain a CITY Business License and must be registered to do business in California with the Secretary of State.
E. Proposer is required to obtain all necessary permits, certifications, testing, and authority to construct and permit to operate from the San Joaquin APCD.
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Section VI – Federal Transit Administration (FTA) Terms and Conditions These clauses are required because this procurement is funded in whole or in part by the United States Department of Transportation (USDOT), Federal Transit Administration. The requirements in these clauses are in addition to and, unless inconsistent and irreconcilable, do not supplant requirements found elsewhere in this Contract. If any requirements in these clauses are inconsistent with a provision found elsewhere in this Contract and is irreconcilable with such provision, the requirement in these clauses shall prevail.
Contractor shall comply with the following FTA requirements. For purposes of these clauses, the AGENCY is the City of Porterville (FTA recipient) that is entering the Contract with Contractor.
1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES.
[These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over $2,000).]
The AGENCY and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation of this Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the AGENCY, Contractor or any other party (whether or not a party to that Contract) pertaining to any matter resulting from the Contract. Contractor shall include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
2. NOTIFICATION TO FTA.
[These requirements apply to all contracts and subcontracts in excess of $25,000.] If a current or prospective legal matter that may affect the Federal Government emerges, Contractor must promptly notify the AGENCY, which must then promptly notify the FTA Chief Counsel and FTA Regional Counsel for Region 9. Contractor must include an equivalent provision in its subagreements at every tier for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220.
A. Types of Legal Matters Requiring Notification. The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.
B. Matters Affecting the Federal Government. Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the Contract, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements.
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C. Additional Notice to U.S. DOT Inspector General. Contractor must promptly notify the AGENCY, which must then promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for Region 9 if Contractor has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving federal assistance. This responsibility occurs whether the Project is subject to this Contract or another agreement between the AGENCY and FTA, or an agreement involving a principal, officer, employee, agent, or Third-Party Participant of the AGENCY. It also applies to subcontractors at any tier.
Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of Contractor. In this paragraph, “promptly” means to refer information without delay and without change. This notification provision also applies to all divisions of the
AGENCY,
3. PROGRAM FRAUD & FALSE/FRAUDULENT STATEMENTS OR RELATED ACTS. [These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over $2,000).]
A. Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31, apply to its actions pertaining to this Project.
Upon execution of the Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the Contract or the FTA-assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.
B. Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on Contractor, to the extent the Federal Government deems appropriate.
C. Contractor shall include the above two paragraphs in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the
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clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.
4. ACCESS TO RECORDS, REPORTS, and SITES
A. Record Retention. Contractor shall retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, subagreements, leases, subcontracts, arrangements, other third-party agreements of any type, and supporting materials related to those records.
B. Retention Period. Contractor shall comply with the record retention requirements in accordance with 2 CFR § 200.333. Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.
C. Access to Records. Contractor shall provide sufficient access to the U.S. Secretary of Transportation, the Comptroller General of the United States, FTA, the Agency, and their duly authorized representatives to inspect and audit records and information, including such records and information the AGENCY or Contractor may regard as confidential or proprietary related to performance of this contract as reasonably may be required.
D. Access to the Sites of Performance. Contractor shall permit FTA, the Agency, and their duly authorized representatives’ access to the
5. FEDERAL CHANGES
Contractor shall at all times comply with all applicable federal laws, regulations, requirements, policies, procedures, guidance, and directives, including without limitation those listed directly or by reference in the FTA Master Agreement between the City of Porterville and the FTA, as they may be amended or promulgated from time to time during the term of the Contract.
Contractor’s failure to so comply shall constitute a material breach of the Contract.
6. CIVIL RIGHTS
The AGENCY must comply with applicable federal civil rights laws, regulations, and requirements, and follow applicable federal guidance, except as the Federal Government determines otherwise in writing. Therefore, unless an AGENCY or federal program, including any Indian Tribe or Tribal Transit Program, is specifically exempted from a civil rights statute, FTA requires compliance with each civil rights statute, including compliance with equity in service requirements.
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A. Nondiscrimination in Federal Public Transportation Programs.
1. Contractor must prohibit: (a) discrimination based on race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or age; (b) exclusion from participation in employment or a of program benefits in employment or a business opportunity identified in 49 U.S.C. § 5332; and (d) discrimination identified in 49 U.S.C. § 5332, including discrimination in employment or a business opportunity identified in 49 U.S.C. § 5332.
2. Contractor must follow the most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance. However, FTA does not require an Indian Tribe to comply with FTA program specific guidelines for Title VI when administering its agreement supported with federal assistance under the Tribal Transit Program.
B. Nondiscrimination – Title VI of the Civil Rights Act.
1. Contractor must prohibit discrimination based on race, color, or national origin;
2. Contractor must comply with: (a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, et seq.; (b) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 CFR Part 21; and (c) Federal transit law, specifically 49 U.S.C. § 5332; and
3. Contractor must follow: (a) the most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance; (b) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3; and (c) all other applicable federal guidance that may be issued.
C. Equal Employment Opportunity.
1. Federal Requirements and Guidance. Contractor must prohibit discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin. Contractor must also comply with: (a) Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq.; (b) Title I of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101, et seq.; (c) Executive Order No. 11246, “Equal Employment Opportunity” September 24, 1965 (42 U.S.C. § 2000e note), as amended by any later Executive Order that amends or supersedes it in part and is applicable to federal assistance programs; (d) federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master Agreement; and (e) FTA Circular 4704.1 “Equal Employment Opportunity (EEO) Requirements and Guidelines for Federal Transit Administration Recipients.” Further, Contractor must follow other federal guidance pertaining to EEO laws, regulations, and requirements.
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2. Affirmative Action. If required to do so by U.S. DOT regulations (49 CFR Part 21) or U.S. Department of Labor regulations (41 C.F.R. chapter 60), Contractor must take affirmative action that includes, but is not limited to: (a) recruitment advertising, recruitment, and employment; (b) rates of pay and other forms of compensation; (c) selection for training, including apprenticeship, and upgrading; and (d) transfers, demotions, layoffs, and terminations.
3. Age. In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age.
4. Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities.
5. Indian Tribe. Contractor recognizes that Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of “Employer.”
6. Equal Employment Opportunity for Construction Activities. When undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), Contractor must comply with all applicable equal employment opportunity requirements of U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R.
Chapter 60 (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and Executive Order 13672, "Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity," 42 U.S.C. § 2000e note).
7. Access for Elderly Individuals and Individuals with Disabilities. Contractor agrees to comply with all applicable provisions of Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq., and the Architectural Barrier Act of 1968, as amended, 42 U.S.C. § 4151, et seq. In addition, Contractor agrees to comply with applicable Federal implementing regulations.
7. INCORPORATION OF FTA TERMS
[These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over $2,000).]
The preceding provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the
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preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, and are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in the contract. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests of the AGENCY that would cause the AGENCY to be in violation of the FTA terms and conditions. Contractor shall include this clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA.
8. FREE SPEECH & RELIGIOUS LIBERTY
All Federal funding must be expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements, including but not limited to those prohibiting discrimination and protecting free speech, religious liberty, public welfare, and the environment.
9. FEDERAL TERMINATION RIGHTS
The termination rights under this Contract are in addition to, and in no way limit, the Federal Government’s right to terminate as described in 2 CFR § 200.340.
10. DEBARMENT, SUSPENSION, INELIGIBILITY, & VOLUNTARY EXCLUSION [This requirement does not apply to contracts and subcontracts under $25,000.] A. Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Government-Wide Debarment and Suspension (Non-procurement),” 2 CFR part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount.
B. Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally-funded contract (which includes review of SAM at sam.gov, if necessary to comply with U.S. DOT regulations, 2 CFR Part 1200) and are not presently declared by any Federal department or AGENCY to be: (1) debarred from participation in any federally-assisted Award; (2) suspended from participation in any federally-assisted Award; (3) proposed for debarment from participation in any federally-assisted Award; (4) declared ineligible to participate in any federally-assisted Award; (5) voluntarily excluded from participation in any federally-assisted Award; or (6) disqualified from participation in any federally-assisted Award.
C. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
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The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later determined by the AGENCY that Contractor available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Contractor shall comply with the requirements of 2 CFR part 180, subpart C, as supplemented by 2 CFR part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer.
Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.
D. Contractor agrees that it will not enter into any “covered transaction” (as defined at 2 CFR 180.220 and 1200.220) with any “third party participant” (as defined in Section 1 of FTA’s Master Agreement (Version 31, dated May 2, 2024), as may be updated or amended) that is, or whose principal is, suspended, debarred, or otherwise excluded from participating in covered transactions except as otherwise authorized by applicable Federal laws, regulations, or requirements regarding participation with debarred or suspended Recipients or Third Party Participants. Contractor further agrees that it will review the Federal Government’s “System for Award Management — Lists of Parties Excluded from Federal Procurement and Nonprocurement Programs,” if required by USDOT regulations (2 C.F.R. Part 1200).
11. TERMINATION
The AGENCY must include provisions in their contracts and subcontracts that allows for termination for cause and for convenience by the AGENCY, including the manner by which it will be effected and the basis for settlement. See Appendix II(B) to 2 CFR part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, and FTA Circular 4220.1F, Chapter IV, paragraph 2.b.(6)(b)4 – Termination.
12. VIOLATION & BREACH OF CONTRACT
[These requirements are not applicable to contracts and subcontracts under the simplified acquisition threshold (currently set at $250,000).]
Unless otherwise provided for by the AGENCY, the following provisions shall apply:
A. Dispute Resolution. Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by the authorized representative of AGENCY. This decision shall be final and conclusive unless within ten calendar days from the date of receipt of its copy, Contractor mails or otherwise furnishes a written appeal to the authorized representative of AGENCY. In connection with any such appeal, Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the authorized representative of AGENCY shall be binding upon Contractor, and Contractor shall abide by the decision.
B. Performance During Disputes. Notwithstanding the existence of any dispute between the parties, insofar as is possible, under the terms of the Contract, Contractor shall
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continue to perform the obligations required of Contractor during the continuation of any such dispute unless enjoined or prohibited by an California Court of competent jurisdiction.
C. Rights and Remedies. The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the AGENCY or Contractor shall constitute a waiver of any right or duty afforded any of them under this Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed upon in writing.
13. LOBBYING RESTRICTIONS
[These requirements do not apply to contracts and subcontracts under $100,000.] Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the AGENCY.
14. CARGO PREFERENCE (USE OF U.S.-FLAG VESSELS)
[These requirements apply to all contracts involving equipment, material, or commodities that may be transported by ocean vessels.]
A. At least 50 percent of any equipment, materials or commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or advanced by the U.S.
Government under this Contract, and which may be transported by ocean vessel, shall be transported on privately owned United States-flag commercial vessels, if available.
Contractor shall use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the Contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels (46 U.S.C. § 55305, and U.S. Maritime Administration regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 CFR Part 381); B. Within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-
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lading in English for each shipment of cargo described in 46 CFR § 381.7(a)(1) shall be furnished to both the AGENCY (through the Contractor in the case of subcontractor billsof-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590; and
C. Contractor shall include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.
15. FLY AMERICA
[These requirements apply to contracts and subcontracts involving the transportation of persons or property by air between a place in the United States and a place outside of the United States, or between places outside the United States, when the FTA will participate in the cost of such air transportation.]
A. As used in this clause: (1) “international air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States; (2) “United States” means the 50 States, the District of Columbia, and outlying areas; and (3) “U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C. Chapter 411.
B. When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) and U.S. General Services Administration (U.S. GSA) regulations, “Use of United States Flag Air Carriers,” 41 C.F.R. §§ 301-10.131 – 301-10.143, requires contractors, recipients, and others use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreignflag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services.
C. If available, Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property.
D. If Contractor selects a carrier other than a U.S.-flag air carrier for international involving such transportation essentially as follows:
Statement of Unavailability of U.S. - Flag Air Carriers - International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons. See FAR § 47.403. [State reasons]:
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_____________________________________________
(End of statement)
E. Contractor shall include the substance of this clause, including this paragraph (E), in each subcontract or purchase under this contract that may involve international air transportation.
16. EMPLOYEE PROTECTIONS
A. Prevailing Wage & Anti-Kickback
[These requirements apply to all prime construction, alteration, or repair contracts in excess of $2,000.]
1. For all prime construction, alteration or repair contracts in excess of $2,000 awarded by FTA, Contractor shall comply with the Davis-Bacon Act and the Copeland “AntiKickback” Act. Under 49 U.S.C. § 5333(a), prevailing wage protections apply to laborers and mechanics employed on FTA assisted construction, alteration, or repair projects. Contractor will comply with the Davis-Bacon Act, 40 U.S.C. §§ 3141-3144, and 3146-3148 as supplemented by DOL regulations at 29 CFR part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction.” In accordance with the statute, Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.
2. In addition, Contractor shall pay wages not less than once a week. Contractor shall also comply with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 CFR part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States.” Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.
B. Contract Work Hours/Safety Standards for Awards Involving Construction [These requirements apply to all contracts involving construction in excess of $100,000 that involve the employment of mechanics or laborers.]
1. For all contracts in excess of $100,000 that involve the employment of mechanics or laborers, Contractor shall comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701-3708), as supplemented by the DOL regulations at 29 CFR part 5. Under 40 U.S.C. § 3702 of the Act, Contractor shall compute the wages of every mechanic and laborer, including watchmen and guards, on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic be required to work in surroundings or under working
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conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or to contracts for transportation or transmission of intelligence.
2. In the event of any violation of the clause set forth herein, Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of this clause in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by this clause.
3. The FTA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in this section.
4. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Contract.
C. Contract Work Hours/Safety Standards for Awards Not Involving Construction [These requirements apply to all contracts (not involving construction) in excess of $100,000 that involve the employment of mechanics or laborers.]
1. Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour protections for non-construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR part
5. 2. Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee,
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social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid.
3. Such records maintained under this paragraph shall be made available by Contractor for inspection, copying, or transcription by authorized representatives of the FTA and the Department of Labor, and Contractor will permit such representatives to interview employees during working hours on the job.
4. Contractor shall require the inclusion of the language of this clause within subcontracts of all tiers.
17. SEISMIC SAFETY
[These requirements apply only to contracts for the construction of new buildings or additions to existing buildings.]
Contractor shall design and construct any new building or addition to an existing building in accordance with the standards for Seismic Safety required in Department of Transportation (DOT) Seismic Safety Regulations (49 CFR part 41) and will certify its compliance to the extent required by the regulation. Contractor shall ensure that all work performed under this Contract, including work performed by a subcontractor, is in compliance with the standards required by the Seismic Safety regulations and the certification of compliance issued on the project.
18. VETERANS EMPLOYMENT
[These requirements apply only to capital projects. See 49 U.S.C. § 5302(3).] Contractor shall give a hiring preference, to the extent practicable, to veterans (as defined in U.S.C. Section 2108 of title 5) who have the requisite skills and abilities to perform the construction work required under the Contract. This requirement shall not be understood, construed or enforced in any manner that would require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former employee.
19. BONDING
[These requirements are applicable to all construction or facility improvement contracts and subcontracts exceeding the simplified acquisition threshold (currently set at $250,000). See FTA Circular C 4220.1F for specific bonding requirements.] Bonds are required for all construction or facility improvement contracts and subcontracts exceeding the simplified acquisition threshold. FTA may accept the bonding policy and requirements of the AGENCY if FTA has determined that the Federal interest is adequately protected. If such a determination has not been made, the following minimum requirements apply:
A. A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or
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other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified.
B. A performance bond on the part of Contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all of Contractor's obligations under such contract.
C. A payment bond on the part of Contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.
20. PUBLIC TRANSPORTATION EMPLOYEE PROTECTIVE ARRANGEMENTS [These requirements apply only to contracts for transit operations performed by employees of contractors and subcontractors recognized by FTA to be a transit operator.] Contractor shall comply with the following employee protective arrangements of 49 U.S.C. § 5333(b):
A. U.S. DOL Certification. To the extent that FTA determines that this Contract or any Amendments thereto involve public transportation operations financed in whole or in part with Federal assistance, Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 U.S.C. § 5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient’s project from which Federal assistance is provided to support work on the underlying contract. The Contractor agrees to carry out that work in compliance with the conditions stated in that U.S. DOL Letter. The requirements of this subsection (A), however do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate provisions for those projects are set forth in subsections (B) and (C) of this clause.
B. Special Warranty. If the Contract involves public transportation operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto.
C. Special Arrangements. If the Contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S.