City Council
Regular Meeting
AGENDA
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March 16, 2022 - 6:00 PM
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
5.a. Approval of the Minutes for the March 2, 2022, Regular Meeting.
Recommended Action:
Attachments:
1. 2022-03-02 Draft Minutes
6. RIGHT TO APPEAL DECISION
7. CONSENT CALENDAR
7.a. Report of Disbursements for the Month of February 2022.
Recommended Action: Approve the Report of Disbursements for the Month of February 2022.
Attachments:
1. February 2022 Summary of Disbursements
2. Account Codes for Reference
3. Object Codes for Reference
4. February 2022 Disbursement Detail
7.b. Adoption of Resolution of the City Council Reconsidering the Circumstances of the State of Emergency and Implementing Teleconferencing Requirements for City Council and Board and
Commission Meetings During a Proclaimed State of Emergency Due to the COVID-19 Pandemic.
Recommended Action: Adopt a Resolution of the City Council Reconsidering the Circumstances of the State of Emergency and Implementing Teleconferencing Requirements for City Council and Board and Commission Meetings during a Proclaimed State of Emergency Due to the COVID-19 Pandemic.
Attachments:
1. AB 361 Findings Reconsideration for All Legislative Bodies
7.c. Authorize the City Manager to Negotiate and Enter into a Contract with Ren Alexander Design for Consulting Services to Assist the Electric Utility Department with the Architectural Services and Plans for the Interior of the Electric Service Center for an Amount not to Exceed $75,000.
Recommended Action: Authorize City Manager to negotiate and enter into contract with Ren Alexander Design for consulting services to assist the Electric Utility Department with architectural services and plans for the interior of the Electric Service Center for an amount not to exceed $75,000.
Attachments:
1. 2203_220221_Proposal_UkiahElectric_Ren Alexander
7.d. Approve the Purchase of Radio and Pagers in the Amount of $225,276.40 through Leavitt Communications, Approve the Purchase of Headsets in the Amount of $10,760.53 through The Radio Guys, and Approve Corresponding Budget Amendments.
Recommended Action: Approve the purchase of radio and pagers in the amount of $225,276.40 through Leavitt Communications, approve the purchase of headsets in the amount of $10,760.53 through The Radio Guys, and approve corresponding budget amendments.
Attachments:
1. Bid Tabulation -RFB E39158 - Bendix King
2. Bid Tabulation -RFB E39159 - Motorola Pagers
3. Bid Tabulation -RFB E39160 - Headsets
4. BKR-5000_Brochure
5. KNGMobileRadio_Brochure
7.e. Consideration of Adoption of Resolution to Remove Approximately 816 Lineal Feet of On-Street Parking on Hamilton Street, from the Intersection of Hospital Drive to the Intersection of Clara Avenue.
Recommended Action: Adopt resolution removing approximately 816 lineal feet of on-street parking on Hamilton Street.
Attachments:
1. Resolution with Exhibit A
7.f. Award Purchase Order to Replace Three (3) HVAC Units at the Waste Water Treatment Plant to Intercounty Mechanical & Electrical, Inc. of Ukiah for the Amount of $41,926.38.
Recommended Action: Award Purchase Order to Intercounty Mechanical & Electrical, Inc. for the amount of $41,926.38
Attachments:
1. Intercounty Bid E38934
7.g. Possible Adoption of the Organic Waste Disposal Reduction Ordinance.
Recommended Action: Adopt the Organic Waste Disposal Reduction Ordinance.
Attachments:
1. Organic Waste Disposal Reduction Ordinance Introduced
7.h. Award the Purchase of One (1) New Altec Model AT40G Articulating Telescopic Aerial Device with an Insulated Boom to Altec Industries, Inc., for the Electric Utility Department in the Amount of $220,703.95, and Approve Corresponding Budget Amendment.
Recommended Action: Award purchase of a new Altec Model #AT40G Articulating Telescopic Aerial Device with an insulated boom from Altec Industries, Inc. in the amount of $220,703.95, and approve corresponding budget amendment.
Attachments:
1. Altec Bucket Truck Quote
2. Vehicle Justification Form Trouble Truck
7.i. Approve the Purchase of SCADA Equipment and Services to JM Integration in the Amount of $240,579.24, and SCADA Software Subscription to E&M Electric in the Amount of $98,447.72.
Recommended Action: Approve the Purchase of SCADA Equipment and Services to JM Integration in the Amount of $240,579.24, and SCADA Software Subscription to E&M Electric in the Amount of $98,447.72.
Attachments:
1. WWTP SCADA Upgrade
2. Ukiah CF to Flex_Aveva Select California Customer Quotation
3. Flex Ukiah Spreadsheet Comparison
7.j. Report of the Emergency Purchase for the Diagnosis and Repair of a Leak at a Pressure Zone 1 South Tank, and Approve Corresponding Budget Amendment in the Amount of $329,932, Using Water Reserve Funds.
Recommended Action: Receive a report of the emergency purchase for the diagnosis and repair of a leak at the Pressure Zone 1 South Tank, and approve corresponding budget amendment in the amount of $329,932 using Water Reserve Funds.
Attachments:
1. PZ1S Estimate
2. PZ1S Estimate Phase 2
3. 00047705 (3)
7.k. Approve a Three-Year Contract with Tyler Technologies for Vendor Cloud Hosting Services of the Enterprise Resource Planning (ERP) Financial Software Servers in the Amount of $494,670, and Approve a Corresponding Budget Amendment.
Recommended Action: Approve a three-year contract with Tyler Technologies for Vendor Cloud Hosting Services of the Enterprise Resource Planning (ERP) financial software servers in the amount of $494,670, and approve a corresponding budget amendment.
Attachments:
1. Council Approved Agenda Summary Report (ASR)
2. Ukiah SaaS Quote
3. Ukiah Total Cost of Ownership
4. Tyler Technologies Draft Agreement
7.l. Approve the Purchase of Three Cluster Servers, One Virtual Machine Management Server, One Compellent Storage Array and Two Dell Network Switches to DESIGN in the Amount of $125,129; Additionally, Approve the Replacement of the APC-Schneider Electric System Power Components to Schneider Electric IT Corporation in the Amount of $39,363, for a Total Project Cost of $164,492, and Approve Corresponding Budget Amendment.
Recommended Action: Approve the purchase of three cluster servers, one virtual machine management server, one Compellent Storage Array and two Dell Network Switches to DESIGN for the amount of $125,129; Additionally, approve the replacement of the APC-Schneider Electric System Power Components with Schneider Electric IT Corporation for the amount of $39,363, for a total project cost of $164,492, and approve corresponding budget amendment.
Attachments:
1. Dell-Server-Storage-Network Switch Refresh Quote (1)
2. APC-Schneider Electric-Power Refresh Battery Replacement Quote (1)
3. Power Component Refresh - SOW (1)
4. Battery Replacement SOW (1)
7.m. Consideration and Possible Approval of Purchase of One (1) Remote Controlled 44” Rotary Mower from Owen Equipment in the Amount of $43,661.33 with Tax, and Approval of Corresponding Budget Amendments.
Recommended Action: Approve the purchase of a Remote Controlled 44” Rotary Mower in the amount of $43,661.33 with tax, and approval of corresponding budget amendments.
Attachments:
1. RC Mowers
2. City of Ukiah- RC Mower TK-44E (3)
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
9. COUNCIL REPORTS
10. CITY MANAGER/CITY CLERK REPORTS
11. PUBLIC HEARINGS (6:15 PM)
11.a. Consideration of the Following Actions Related to the Upper City View Trail Project: 1) Approval of a Resolution to Adopt an Initial Study and Mitigated Negative Declaration; and 2) Approval of Construction of the Trail, and Authorization for the City Manager or His Designee to Negotiate a Start Date and Construction Schedule with the Ukiah Valley Trail Group.
Recommended Action: Conduct a public hearing, approve the Resolution to adopt the Initial Study and Mitigated Negative Declaration for the Upper City View Trail Project, approve construction of the trail, and authorize the City Manager or designee to negotiate a start date and construction schedule with the Ukiah Valley Trail Group.
Attachments:
1. Upper City View Trail Project Description & Figures
2. Upper City View Trail Final Draft ISMND 030722
3. Upper City View Trail ISMND Public Comments and City Responses
4. Draft Findings for to Adopt Upper City View Trail ISMND
5. Draft Resolution to Adopt Upper City View Trail MND
11.b. Conduct Protest Hearing about Residential Garbage Curbside Collection Rates.
Recommended Action: Conduct protest hearing on residential garbage curbside collection rates.
Attachments:
1. January 19, 2022, City Manager's Report
2. SWS UWS April 2022 Adjustment
3. Rate Comparison
4. Prop 218 Notice, 1-19-22
5. Protest Letters
12. UNFINISHED BUSINESS
12.a. Receive Status Report and Consider Any Action or Direction Related to the Novel Coronavirus (COVID-19) Emergency Including Operational Preparedness and Response; Continuity of City Operations and Services; Community and Business Impacts; and Any Other Related Matters.
Recommended Action: Receive status report and consider any action or direction related to the Novel Coronavirus (COVID-19) Emergency including operational preparedness and response;
continuity of City operations and services; community and business impacts; and any other related matters.
Attachments: None
12.b. Possible Introduction, by Title Only, of the Ordinance Amending Article 8 of Chapter 2, Division 2 of the Ukiah City Code to Regulate Shopping Cart Containment, Retrieval, Impoundment, and Disposal.
Recommended Action: Introduce by title only, the Ordinance Amending Article 8 of Chapter 2, Division 2 of the Ukiah City Code to Regulate Shopping Cart Containment, Retrieval, Impoundment, and Disposal.
Attachments:
1. Ordinance No. 1187 Shopping Cart Containment and Retrieval
2. Ordinance No. 1191 Amending Shopping Cart Containment and Retrieval Ordinance
3. Shopping Cart Ordinance Amendment REDLINE
4. Shopping Cart Ordinance Amendment CLEAN
13. NEW BUSINESS
13.a. Authorize the City Manager to Execute the Ukiah Airport Runway Extension Study Agreement, to be Performed by Mead and Hunt for the Amount of $36,500 Recommended Action: Authorize the City Manager to Execute the Ukiah Airport Runway Extension Study Agreement, to be performed by Mead and Hunt for the amount of $36,500 Attachments:
1. Ukiah Runway Study
13.b. Possible Introduction, by Title Only, of an Ordinance Adding Article 6 to Chapter 1, Division 3 of Ukiah City Code for the Adoption of the California Model Water Efficient Landscape Ordinance.
Recommended Action: Introduce, by title only, an ordinance adopting the California Model Water Efficient Landscape Ordinance.
Attachments:
1. Proposed MWELO Ordinance
13.c. Possible Introduction, by Title Only, of an Ordinance Adding Chapter 3 to Division 3 of Ukiah City Code Setting Forth Procedures for Expediting Permit Processing for Electric Vehicle Charging Systems.
Recommended Action: Introduce, by title only, an Ordinance setting forth procedures for expediting permit processing for electric vehicle charging systems.
Attachments:
1. EV Submittal Checklist
2. Proposed Electric Vehicle Charging System Permit Ordinance
13.d. Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s).
Recommended Action:
Attachments:
1. 2022 City Council Special Assignments - 2-23-22
14. CLOSED SESSION - CLOSED SESSION MAY BE HELD AT ANY TIME DURING THE MEETING
14.a. Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d)(2 & 3))
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(Number of potential cases: 1)
Recommended Action:
Attachments: None
14.b. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2)or(3))
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (1 potential case, involving possible termination of construction contract for cause) Recommended Action:
Attachments: None
14.c. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200 Recommended Action:
Attachments: None
14.d. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-20-74612 Recommended Action:
Attachments: None
14.e. Conference with Legal Counsel – Existing Litigation (Cal. Gov’t Code Section 54956.9(d)(1))
Name of case: City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case No. SCUK- CVPT-15-66036
Recommended Action:
Attachments: None
14.f. Conference with Legal Counsel – Existing Litigation (Cal. Gov’t Code Section 54956.9(d)(1))
Name of case: Siderakis v. Ukiah, et al, Mendocino County Superior Court, Case No. 21CV00603
Recommended Action:
Attachments: None
14.g. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Gerardo Magdaleno, by and through his Guardian Ad Litem, Pedro Francisco Magdaleno v. City of Ukiah, Justin Wyatt (Fed. Dist. Ct. N.D. Cal.) 3:21-2609 VC.
Recommended Action:
Attachments: None
14.h. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN Nos: 157-050-03, 157-060-02, 157-050-04, 157-050-03, 157-030-02, 157-050- 01, 157-050-02, 157-050-10, 157-050-09, 157-070-01, 157-070-02, 003-190-01 Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Dave Hull and Ric Piffero
Under Negotiation: Price & Terms of Payment
Recommended Action:
Attachments: None
14.i. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: 1850 Talmage Road, Ukiah, CA 95482
Negotiator: Sage Sangiacomo, City Manager, or his Designee Negotiating Parties: City of Ukiah and Rogina Water Company Under Negotiation: Price & Terms of Payment
Recommended Action:
Attachments: None
14.j. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
Recommended Action:
Attachments: None
15. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda.
Kristine Lawler, CMC/City Clerk
Dated: 3/11/22
AGENDA ITEM 5a
CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
Virtual Meeting Link: https://zoom.us/j/97199426600
Ukiah, CA 95482
March 2, 2022
6:00 p.m.
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on March 2, 2022, having been legally noticed on February 25, 2022. The meeting was held virtually at the following link:
https://zoom.us/j/97199426600. Mayor Brown called the meeting to order at 6:00 p.m. Roll was taken with the following Councilmembers Present: Juan V. Orozco, Douglas, F. Crane, Mari Rodin, Josefina Dueňas, and Jim O. Brown. Staff Present: Sage Sangiacomo, City Manager; Darcy Vaughn, Assistant City Attorney; and Kristine Lawler, City Clerk.
MAYOR BROWN PRESIDING.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Brown.
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Proclamation of the Ukiah City Council Recognizing March as Women’s History Month.
Presenter: Councilmember Rodin.
Proclamation was issued.
4. PETITIONS AND COMMUNICATIONS
City Clerk, Kristine Lawler, stated that no communications had been received.
5. APPROVAL OF MINUTES
a. Approval of the Minutes for the February 16, 2022, Special Meeting. b. Approval of the Minutes for the February 16, 2022, Regular Meeting.
Motion/Second: Rodin/Orozco to approve Minutes of February 16, 2022, special and regular meetings, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None.
6. RIGHT TO APPEAL DECISION
7. CONSENT CALENDAR
a. Approval of Contract Amendment (COU No. 2122-118-A1) with GHD Inc. for the Additional Support in Environmental Studies and Permitting for the Great Redwood Trail Phase 4 Project – Public Works.
b. Approval Notice of Completion for Ghilotti Construction Co. for the Downtown Streetscape Road Diet Project, Specification 19-18, and Direct the City Clerk to File the Notice of Completion with the County Recorder – Public Works.
City Council Minutes for March 2, 2022, Continued:
c. Approval Notice of Completion for CV Larsen Co. for the Pressure Zone 2 South (PZ2S) Water Reservoir Replacement Project, Specification 20-02, and Direct the City Clerk to File the Notice of Completion with the County Recorder – Public Works.
d. Approval Notice of Completion for Pavement Coatings Co., for the 2021 Slurry Seal of Local Streets, Specification 21-03, and Direct the City Clerk to File the Notice of Completion with the County Recorder – Public Works.
e. Report of the Emergency Purchase (PO No. 47727) of New Traffic Signal Control System at the Intersection of North State and Empire Drive/Ford Road from DC Electric Group in the amount of $30,395.00 – Public Works.
f. Approve Contract Amendment (COU No. 1516-143-A5) with Ukiah Waste Solutions for Biosolids Removal at the Wastewater Treatment Plant – Water Resources. g. Approve a Budget Amendment to the Engineering Fund for the expenses related to Preliminary Engineering of the Local Roadway Safety Plan (LRSP) using (TBD) Funds – Public Works. h. Approve to Use Professional Service Contracts (Thomas Hise - COU No. 2122-197; David Jankovsky – COU No. 2122-198; OTMK Law – COU No. 2122-199) for the Grace Hudson Museum Roof Replacement Project on an As-Needed Basis – Community Services.
Motion/Second: Crane/Orozco to approve Consent Calendar Items 7a-7h, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES:
None. ABSENT: None. ABSTAIN: None.
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No public comment was received.
9. COUNCIL REPORTS
Presenter: Mayor Brown
10. CITY MANAGER/CITY CLERK REPORTS
Presenters: Sage Sangiacomo, City Manager; and
Hazard Mitigation Grant from FEMA – Cindy Sauers, Electric Utility Director. PZ1 Emergency Water Tank Repair Update – Sean White, Water Resources Director. Lease Revenue and Electric Financing Update – Sage Sangiacomo, City Manager.
11. PUBLIC HEARINGS (6:15 PM)
12. UNFINISHED BUSINESS
a. Consideration of the Following Actions Associated with the Ukiah Western Hills Open Land Acquisition & Limited Development Agreement Project: 1) Authorize the City Manager to Negotiate and Execute the Easement and Road Maintenance Agreement; 2) Authorize the City Manager to Negotiate and Execute the Limited Development and Property Exchange Agreement; and 3) Approval of Corresponding Budget Amendments.
Presenters: Maya Simerson, Project and Grant Administrator; Craig Schlatter, Community Development Director; Michelle Irace, Planning Manager; David Rapport, City Attorney.
Motion/Second: Crane/Rodin to approve the following actions; 1) Authorize the City Manager to Negotiate and Execute the Easement, Road Access and Maintenance Agreement (“Road Access Agreement” COU No. 2122-200); 2) Authorize the City Manager to Negotiate and Execute the Property Purchase-Sale / Exchange and Development Agreement and Joint Escrow Instructions
City Council Minutes for March 2, 2022, Continued:
(“Limited Development and Property Exchange Agreement” COU No. 2122-201); and 3) Approve Corresponding Budget Amendments, with the added condition for Mr. Hull to sign in writing to the comply with the conditions of approval. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. b. Possible Introduction by Title Only of the Organic Waste Disposal Reduction Ordinance.
Presenters: Tim Eriksen, Public Works Director/City Engineer and Darcy Vaughn, Assistant City Attorney.
Motion/Second: Crane/Rodin to introduce the ordinance by title only. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT:
None. ABSTAIN: None.
City Clerk, Kristine Lawler, read the following title into the record:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING CHAPTER 4.1 TO DIVISION 5 OF THE UKIAH CITY CODE TO REGULATE AND ENFORCE REDUCTION OF
ORGANIC WASTE DISPOSAL
Motion/Second: Crane/Orozco to introduce the Organic Waste Disposal Reduction Ordinance.
Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown.
NOES: None. ABSENT: None. ABSTAIN: None.
c. Approval of Plans and Specifications for the Dora Street Utility Improvement Project, Specification No. 19-01, and Direct Staff to Advertise for Bids.
Presenter: Tim Eriksen, Public Works Director/City Engineer.
Staff Comment: Cindy Sauers, Electric Utility Director.
Motion/Second: Crane/Orozco to approve the Plans and Specifications for the Dora Street Utility Improvement Project, Specification No. 19-01, and direct Staff to advertise for bids. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None.
ABSENT: None. ABSTAIN: None.
d. Approval of Plans and Specifications for the Dora Street Overlay Project, Specification No. 21-05, and Direct Staff to Advertise for Bids.
Presenter: Tim Eriksen, Public Works Director/City Engineer.
Motion/Second: Rodin/Crane to approve the Plans and Specifications for the Dora Street Overlay Project, Specification No. 21-05, and direct Staff to advertise for bids. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None.
ABSTAIN: None.
e. Approval of Plans and Specifications for the State Street and Dora Street Rehabilitation Project, Specification No. 21-04, and Direct Staff to Advertise for Bids.
Presenter: Tim Eriksen, Public Works Director/City Engineer.
Public Comment: Lucy Bartholomew.
City Council Minutes for March 2, 2022, Continued:
Motion/Second: Rodin/Crane to approve the Plans and Specifications for the South State Street and Dora Street Rehabilitation Project, Specification No. 21-04, and direct Staff to advertise for bid, and to apply for a grant, and/or coordinate with Blue Zones, to conduct a master planning process for State St. from city limit to city limit. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None.
13. NEW BUSINESS
a. Receive Updates on City Council Committee and Ad Hoc Assignments and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad hoc(s).
No reports were received.
THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 8:06 P.M.
RECESS: 8:06 – 8:15 P.M.
14. CLOSED SESSION
a. Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d)(2 & 3))
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(Number of potential cases: 1)
b. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2)or(3))
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (1 potential case, involving possible termination of construction contract for cause) c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018- 70200
d. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-20-74612 e. Conference with Legal Counsel – Existing Litigation
(Cal. Gov’t Code Section 54956.9(d)(1))
Name of case: City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case No. SCUK- CVPT-15-66036
f. Conference with Legal Counsel – Existing Litigation
(Cal. Gov’t Code Section 54956.9(d)(1))
Name of case: Siderakis v. Ukiah, et al, Mendocino County Superior Court, Case No. 21CV00603
g. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Gerardo Magdaleno, by and through his Guardian Ad Litem, Pedro Francisco Magdaleno v. City of Ukiah, Justin Wyatt (Fed. Dist. Ct. N.D. Cal.) 3:21-2609 VC.
City Council Minutes for March 2, 2022, Continued:
h. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN Nos: 157-050-03, 157-060-02, 157-050-04, 157-050-03, 157-030-02, 157-050- 01, 157-050-02, 157-050-10, 157-050-09, 157-070-01, 157-070-02, 003-190-01 Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Dave Hull and Ric Piffero
Under Negotiation: Price & Terms of Payment
i. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: 1850 Talmage Road, Ukiah, CA 95482
Negotiator: Sage Sangiacomo, City Manager, or his Designee Negotiating Parties: City of Ukiah and Rogina Water Company Under Negotiation: Price & Terms of Payment
j. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
No action reported; direction provided to staff.
15. ADJOURNMENT
There being no further business, the meeting adjourned at 8:47 p.m. ________________________________
Kristine Lawler, City Clerk/CMC
Agenda Item No: 7.a.
MEETING DATE/TIME: 3/16/2022
ITEM NO: 2022-1479
AGENDA SUMMARY REPORT
SUBJECT: Report of Disbursements for the Month of February 2022.
DEPARTMENT: Finance PREPARED BY: Candice Rasmason, Accounts Payable PRESENTER: Consent Calendar
ATTACHMENTS:
1. February 2022 Summary of Disbursements
2. Account Codes for Reference
3. Object Codes for Reference
4. February 2022 Disbursement Detail
Summary: The Council will review and consider approval of the Report of Disbursements for the month of February 2022.
Background: Payments made during the month of February 2022 are summarized in the Report of Disbursements. Further detail is supplied on the Schedule of Bills, representing the four (4) individual payment cycles within the month.
Accounts Payable Check Numbers (City & UVFA): 3046294-3046403; 3046404-3046519; 3046520-3046627; 3046628-3046711
Accounts Payable Wire Transfers: 62
Payroll Check Numbers: 510248-510318; 510319-510386
Payroll Manual Check Numbers: 510248-510249; 510384-510356 Direct Deposit Numbers: 109609-109871; 109872-110140
Manual Direct Deposit Numbers: N/A
Void Check Numbers:3046315, 3046385, 3045543, 3041042, 509780, 509930 Void Direct Deposit Numbers: N/A
Discussion: This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1.
Attachment #1: February 2022 Summary of Disbursements
Attachment #2: Account Codes for Reference
Attachment #3: Object Codes for Reference
Attachment #4: February 2022 Disbursement Detail
Recommended Action: Approve the Report of Disbursements for the Month of February 2022.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
Attachment 1
FUNDS:
100 General Fund $267,812.44 700 Sanitary Disposal Site Fund $51,829.94 101 GF-(Sub-Fund) Visit Ukiah 701 Landfill Corrective Fund 105 GF-(Sub-Fund) Fire Authority $44,404.71 702 Disposal Closure Reserve Fund $22,935.49 110 Special General Fund 704 Post Closure Fund - Solid Waste 120 Streets Capital Improvement $30,996.69 710 Ambulance Services Fund $18,956.62 130 Gov'tl Debt SVC/Reserve Fund 720 Golf Fund $1,807.42 200 City Adminstrative Services $109,889.92 730 Confernence Center Fund $3,351.68 201 Worker's Comp Fund $420,968.94 750 Visit Ukiah
202 Liability Fund 777 Airport Fund $27,865.22
203 Garage Fund $3,973.79 778 Airport Capital Improvement Fund 204 Purchasing Fund $185.62 779 Special Aviation Fund
205 Billing & Collections Fund $9,456.99 800 Electric Fund $906,553.77 206 Public Safety Dispatch Fund $1,760.94 801 Electric Capital Reserve Fund $925,656.94 207 Payroll Posting Fund $328,570.46 803 Lake Mendocino Bond Reserve 208 Building Maintenance/Corp Yard Fund $20,528.63 805 Street Lighting Fund $9,071.74 209 IT Fund $52,113.20 806 Public Benefits Fund $7,022.81 220 Equipment Reserve Fund 807 Cap and Trade
249 City Housing Bond Proceeds 820 Water Fund $157,410.16 250 Special Revenue Fund $0.00 822 Water Capital Improvement Fund $251,830.70 251 Special Projects Reserve Fund 830 Recycled Water Fund $132,335.14 253 CITY PROP 172 840 City/District Sewer Fund $152,169.68 300 Park Development Fund $707.50 841 Sewer Contruction Fund 301 Anton Stadium Fund $0.00 843 Sewer Capital Fund
302 Observatory Park Fund 900 Special Deposit Trust $6,414.48 304 Swimming Pool Fund $0.00 901 General Service (Accts Recv) $29,382.11 305 Riverside Park Fund $0.00 902 U.S.W. Billing & Collection $87,787.09 306 Skate Park Fund $0.00 903 Public Safety - AB 109 $0.00 310 Museum Grants 905 Federal Emergency Shelter Grant
311 Alex Rorbaugh Recreation Center Fund $3,764.87 905 Mendocino Emergency Service Authority 312 Downtown Business Improvement Fund $3,418.77 911 Russian River Watershed Association $26,997.71 313 LMIHF Housing Asset Fund 915 UVFD $729.29
314 Winter Special Events $9,580.28 916 UVFD PROP 172
315 Advanced Planning Fund $0.00 917 UVFD Measure B
500 2106 Gas Tax Fund 918 UVFD Mitigation $1,361.77
501 2107 Gas Tax Fund 940 Sanitation District Special Fund 503 2105 Gas Tax Fund 942 Rate Stabilization - UVSD Fund 505 Signalization Fund 943 Sanitation District Capital Improvement Fund 506 Bridge Fund 952 REDIP Sewer Enterprise Fund
507 1998 STIP Augmentation Fund 960 Community Redevelopment Agency 508 SB325 Reimbursement Fund 961 RDA Housing Pass-Through 509 S.T.P. Fund 962 Redevelopment Housing Fund
510 Trans-Traffic Congest Relief Fund 963 Housing Debt
511 Rail Trail Fund $75,828.12 964 RDA Capital Pass-Through 600 Community Development Block Grant 965 Redevelopment Capital Improvement Fund 601 EDBG 94-333 Revolving Loan 966 Redevelopment Debt Service 602 Community Development Fund 967 Housing Bond Proceeds 603 08-HOME-4688 968 Non-Housing Bond Proceeds
604 CDBG Grant 09-STBG-6417 969 RDA Obligation Retirement Fund 605 11-HOME-7654 Fund $0.00 844/944 Sewer Capital Projects Fund $25,670.55 606 CDBG Grant 10-EDEF-7261
607 Prop 84 Grant Fund
609 13-CDBG-8940
610 City RDA Projects Fund
613 Home Program Activities
620 CASP Train
630 Asset Seizure Fund $12,802.45 Retainage Withheld $48,545.05 631 Asset Seizure Fund (Drug/Alcohol) 611 CDBG 16-CDBG-11147 $17,781.71 633 H & S Education 11489(B)(2)(A1)
634 Federal Asset Seizure Grants
635 SUP Law Enforcement Service Fund
636 CBTHP Officer $1,420.25
637 Local Law Enforcement Block Grant
638 Asset Forfeiture 11470.2 H & S
639 Special Revenue - Police
640 Parking District Fund $588.58
670 Federal American Rescue Fund
691 Museum Fund
695 Transfer Station Fund
696 Solid Waste Mitigation Fund
PAYROLL CHECK NUMBERS: 510248-510318 TOTAL DEMAND PAYMENTS- A/P CHECKS $4,312,240.22 DIRECT DEPOSIT NUMBERS: 109609-109871 TOTAL DEMAND PAYMENTS- EFT's $0.00 PAYROLL PERIOD: 1/23/22-2/5/22 TOTAL PAYROLL CHECKS & DIRECT DEPOSITS $1,122,170.15 PAYROLL CHECK NUMBERS: 510319-510386 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS) $606,121.40 DIRECT DEPOSIT NUMBERS: 109872-110140 * vendor name( if applicable) PAYROLL PERIOD: 2/6/22-2/19/22
PAYROLL CHECK NUMBERS:
DIRECT DEPOST NUMBERS:
PAYROLL PERIOD:
VOID CHECK NUMBERS: TOTAL PAYMENTS $6,040,531.77
3046315, 3046385, 3045543, 3041042
509780, 509930
510248, 510249, 510384-510356
WIRE TRANSFER NUMBERS:
62 CERTIFICATION OF CITY CLERK
This register of Payroll and Demand Payments was duly approved by the City Council on ____________________.
City Clerk
APPROVAL OF CITY MANAGER CERTIFICATION OF DIRECTOR OF FINANCE I have examined this Register and approve same. I have audited this Register and approve for accuracy and available funds.
____________________________________________ ________________________________________________ City Manager Director of Finance
MANUAL CHECK NUMBERS:
CITY OF UKIAH
REPORT OF DISBURSEMENTS
REGISTER OF PAYROLL AND DEMAND PAYMENTS
FOR THE MONTH OF FEBRUARY
Account Code Summary Attachment 2
10000000 GENERAL FUND 20012500 CITY CLERK
10017200 SUCCESSOR AGENCY 20012600 ECONOMIC DEVELOPMENT 10020000 POLICE - GEN FUND 20012800 EMERGENCY MANAGEMENT 10020210 POLICE PATROL 20013210 ACCOUNTS PAYABLE
10020214 POLICE VOLUNTEERS 20013220 PAYROLL
10020216 COPS GRANT 20013400 ACCOUNTING
10020217 POLICE ANIMAL CONTROL 20013401 BUDGET MANAGEMENT 10020218 POLICE CSO 20014000 CITY ATTORNEY
10020220 CODE ENFORCEMENT 20015100 CITY TREASURER
10020224 MAJOR CRIMES TASK FORCE 20016100 HUMAN RESOURCES 10021210 CITY FIRE 20023510 HOUSING GRANTS
10022100 PARKS 20023520 NON-HOUSING GRANTS
10022300 AQUATICS 20100000 WORKER'S COMP FUND
10022700 MUSEUM - GEN FUND 20116220 WORKERS COMPENSATION 10022810 RECREATION ADMINISTRATION 20200000 LIABILITY FUND 10022821 ADULT BASKETBALL 20216200 RISK MANAGEMENT
10022822 ADULT SOFTBALL 20300000 GARAGE FUND
10022824 CO-ED VOLLEYBALL 20324100 GARAGE
10022831 YOUTH BASKETBALL 20324110 FLEET MAINTENANCE
10022832 YOUTH SOFTBALL 20400000 PURCHASING FUND
10022840 DAY CAMP 20413500 PURCHASING
10022850 CLASSES & CLINICS 20413510 CAPITAL ASSET MANAGEMENT 10022860 SPECIAL ACTIVITIES 20413520 GRANTS AND SPECIAL PROJECTS 10022900 COMM SVCS SPECIAL SERVICES 20414000 LEGAL SERVICES/EXPENSES 10023100 PLANNING SERVICES 20500000 BILLING AND COLLECTION FUND 10023110 CURRENT PLANNING 20513300 UTILITY BILLING
10023300 BUILDING INSPECTION 20513380 METERING-ELECTRIC 10023320 BUILDING INSPECTION 20513382 METERING-WATER
10023411 CDBG GENERAL ADMIN 20600000 PUBLIC SAFETY DISPATCH FUND 10024200 ENGINEERING/STREETS 20620231 POLICE UKIAH DISPATCH 10024210 ENGINEERING 20620232 POLICE FT BRAGG DISPATCH
10024214 TRAFFIC SIGNAL OPERATIONS 20700000 PAYROLL POSTING FUND 10024224 STORM WATER 20800000 BUILDING & MAINTENANCE
10024310 CORP YARD MAINTENANCE 20822500 BUILDING & MAINTENANCE 10024620 STREETS 20824300 BLDG MAINT CORP YARD
10100000 GF- (SUB-FUND) VISIT UKIAH 20900000 IT FUND
10112700 GF-(SUB-FUND) VISIT UKIAH 20913900 INFORMATION TECHNOLOGY 10500000 MEASURE S GENERAL FUND 22000000 FIXED ASSET FUND 10521210 FIRE AUTHORITY 25100000 SPECIAL PROJECTS RESERVE FUND 12000000 STREET REHABILITATION 25300000 PROP 172 FUND
12024200 PUBLIC WORKS ENGINEERING 25321210 CITY FIRE
13000000 GOV'TL DEBT SVC/RESERVE FUND 30000000 PARK DEVELOPMENT FEES FUND 20000000 CITY ADMINISTRATIVE SERVICES 30022200 PARK DEVELOPMENT 20010000 CITY COUNCIL 30100000 ANTON STADIUM FUND
20012100 CITY MANAGER 30200000 OBSERVATORY PARK FUND
20012200 ADMINISTRATIVE SUPPORT 30300000 PLAYGROUND & PARK AMENITIES FU 20012300 COMMUNITY OUTREACH/PUBLIC INFO 30322230 PLAYGROUND AND PARK AMENITIES
Account Code Summary Attachment 2
30400000 SWIMMING POOL FUND 63820210 ASSET FORFEITURE 11470 EXPENDI 30522250 RIVERSIDE PARK 63900000 SPECIAL REVENUE POLICE 30600000 SKATE PARK FUND 64000000 PKG. DIST. #1 OPER & MAINT FUN 30700000 SOFTBALL COMPLEX FUND 64012600 ECONOMIC DEVELOPMENT 31100000 ARRC GENERAL OPERATING FUND 64020213 POLICE PARKING ENFORCEMENT 31122000 ARRC 67000000 FEDERAL AMERICAN RESCUE FUNDS
31200000 DOWNTOWN BUSINESS IMPROVEMENT 69500000 TRANSFER STATION 31212600 ECONOMIC DEVELOPMENT 69624000 SOLID WASTE MITIGATION FUND 31300000 LMIHF HOUSING ASSET FUND 70000000 SANITARY DISPOSAL SITE FUND 31323400 HOUSING 70024500 LANDFILL 700
31323431 LMI GENERAL ADMIN 70124500 LANDFILL CORRECTIVE 31500000 ADVANCED PLANNING FUND 70200000 DISPOSAL CLOSURE RESERVE FUND 31523100 COMMUNITY PLANNING 70224500 LANDFILL CLOSURE
50000000 GAS TAX FUND 70400000 POST CLOSURE FUND-SOLID WASTE 50024214 TRAFFIC SIGNAL OPERATIONS 71000000 AMBULANCE SERVICES FUND 50500000 SIGNALIZATION FUND 71021100 AMBULANCE SERVICES 50800000 SB325 REIMBURSEMENT FUND 72000000 GOLF FUND
50824210 SB325 ENGINEERING 72022400 GOLF
50900000 S.T.P. 73000000 CONFERENCE CENTER FUND
50924210 STP ENGINEERING 73022600 CONFERENCE CENTER
51100000 RAIL TRAIL FUND 77700000 AIRPORT FUND
51124210 Rail Trail 77714000 CITY ATTORNEY
60000000 COMM. DEVELOPMT. BLOCK GRANT F 77725200 AIRPORT OPERATIONS 60023411 CDBG GENERAL ADMIN 77800000 AIRPORT CAPITAL IMPROVEMENT FU 60023412 CDBG ACTIVITY DELIVERY 77825200 AIRPORT CAPITAL 61100000 CDBG 16-CDBG-11147 77900000 SPECIAL AVIATION FUND 61112600 CDBG ECONOMIC DEVELOPMENT 77925200 AIRPORT SPECIAL 61123410 16-CDBG-11147 80000000 ELECTRIC FUND
61123411 CDBG GENERAL ADMIN 80014000 CITY ATTORNEY
61200000 FUND 612 UNASSIGNED 80026110 ELECTRIC OVERHEAD 61223400 HOME CDD HOUSING 80026120 ELECTRIC UNDERGROUND 61223422 HOME ACTIVITY DELIVERY 80026200 TELEMETRY & CALIBRATION 61323400 HOME HOUSING ACTIVITIES 80026210 SUBSTATION
61323421 HOME GENERAL ADMIN 80026220 HYDROELECTRIC PLANT 62000000 CASP CERTIF & TRAINING 80026400 ELECTRIC ADMINISTRATION 62023320 CASP CERTIF & TRAINING 80026440 POWER PURCHASES 63000000 ASSET SEIZURE FUND 80100000 ELECTRIC CAPITAL RESERVE FUND 63020210 ASSET SEIZURE EXPENDITURE 80126100 ELECTRIC CIP 63300000 H&S EDUCATION 11489(B)(2)(A1) 80126220 HYDROELECTRIC PLANT 63320210 H&S ASSET SEIZURE EXPENDITURE 80500000 STREET LIGHTING FUND 63400000 FEDERAL ASSET SEIZURE GRANTS F 80526150 STREET LIGHTING 63420250 FED ASSET SEIZURE EXPENDITURE 80600000 PUBLIC BENEFITS CHARGES FUND 63500000 SUP.LAW ENFORCE.SVC.FD(SLESF) 80626450 PUBLIC BENEFITS 63520210 SLESF 80700000 ELECTRIC CAP AND TRADE FUND
63600000 CBTHP OFFICER 80800000 ELECTRIC LOW CARBON FUEL STDS 63620210 CBTHP OFFICER 80826100 ELECTRIC LOW CARBON FUEL STDS 63800000 ASSET FORFEITURE 11470.2 H&S F 82000000 WATER FUND
Account Code Summary Attachment 2
82027110 WATER
82027111 PROD OPERATIONS & MAINTENANCE
82027114 DISTRIB OPERATIONS & MAINT
82100000 WATER CAPITAL RESERVE FUND
82200000 WATER CONNECTION FEE FUND
82227113 WATER DISTRIBUTION CAPITAL
83000000 RECYCLED WATER
83027330 RECYCLED WATER
84000000 CITY/DIST. SEWER OPERATING FUN
84027220 WASTE WATER
84027221 CITY WASTE O & M
84027225 WASTE TREATMENT O & M
84100000 SEWER BOND DEBT SERVICE FUND
84127226 WASTEWATER TREATMENT CAPITAL
84200000 RATE STABILIZATION-CITY FUND
84300000 CONNECTION FEE SEWER FUND (CAP
84400000 CITY SEWER CAPITAL PROJECTS FU
84427221 CITY WASTEWATER O&M 844
84427222 CITY WASTE CAPITAL
90000000 SPECIAL DEPOSIT TRUST FUND
91500000 UKIAH VALLEY FIRE DEPARTMENT
91521400 UVFD FIRE ADMINISTRATION
91600000 UVFD PROP 172
91621400 UVFD PROP 172
91700000 UVFD MEASURE B UNASSIGNED
91721400 UVFD FIRE
91800000 UVFD MITIGATION FEES
91821400 UVFD MITIGATION
96900000 REDEVELOPMENT OBLIGATION RETIR
96917200 SUCCESSOR AGENCY
96995669 969 - RDA OBLIGATION RETIREMEN
51211 PERS UNFUNDED LIABILITY 54101 POSTAGE
51220 INSURANCE 54102 SMALL TOOLS
51230 WORKERS COMP 54103 LAB SUPPLIES
51240 MEDICARE 54106 SPECIALTY SUPPLIES
51260 FICA 54107 EMS SUPPLIES
51270 UNIFORM ALLOWANCE 54120 PW - SPECIAL SUPPLIES
51290 CELL PHONE STIPEND 54121 PW - ASPHALT CONCRETE
52100 CONTRACTUAL SERVICES 54122 PW - AGGREGATE BASE
52110 AMBULANCE BILLING 54124 PW - CONCRETE/SUPPLIES
52111 DEFIBRILLATOR MAINTENANCE 54125 PW - TRAFFIC PAINT 52112 M. S. OVERSIGHT 54126 PW-PREMARKS
52113 PLANNING STUDIES 54127 PW - SIGN POSTS/SHEETING
52114 COMPLIANCE STUDIES 54128 PW - COLD PATCH MATERIAL 52130 EDUCATIONAL & MARKETING MATL'S 54129 PW - TACK OIL 52131 ASSISTANCE TO SENIORS 54130 PW - SAFETY
52133 MONTHLY DISCOUNT PROGRAM 54131 PW - BARRICADES & CONES 52134 GENERAL ADMIN 54161 BACKGROUND & PHYSICALS
52135 ENERGY CONSERVATION PROGRAM 54162 ADVERTISING
52137 PUBLIC BENEFITS PROGRAM MGMT 54163 INTERVIEW SUPPLIES 52139 RESEARCH DEVELOPMENT & DEMO 54165 NEW EMPLOYEE FINGERPRINT 52150 LEGAL SERVICES/EXPENSES 54166 DOT TESTING PROGRAM 52151 EMPLOYEE BENEFIT ADMIN FEES 54167 EMPLOYEE DEVELOPMENT 52155 ACTIVITY DELIVERY 54169 LIVESCAN
52180 SECURITY SERVICES 54201 PRISONER EXPENSE
52181 VOLUNTEER EXPENSES 54202 MAJOR CRIME INVESTIGATIONS 52301 PROPERTY TAX ADMIN FEE 54203 RECRUITMENT
52304 LAFCO FEES AND PROP TAX EXP 54320 SOFTWARE
52500 TRUSTEE FEES 54330 COMPUTER AND TECHNOLOGY
52510 ADVERTISING & PROMOTION 54500 EQUIP RENTS AND LEASES 52515 ADVERTISING & PUBLICATION 54700 FINES & PENALTIES 52521 LIABILITY INSURANCE PREMIUM 55100 TELEPHONE
52522 LIABILITY & PROPERTY DEDUCT 55200 PG&E
52524 PROPERTY INSURANCE PREMIUM 55210 UTILITIES
52525 WORKER'S COMP. EXPENSE 56100 VEHICLE & EQUIPMENT MAINT. & R 52526 REMIF ASSESSMENT PAYMENTS 56112 EQUIPMENT PARTS FOR RESALE 52527 A.D.P. PREMIUM & DEDUCTIBLE 56120 EQUIPMENT MAINTENANCE & REPAIR 52528 LIABILITY INSURANCE 56125 LAB EQUIP-REPAIR & MAINT. 52529 EARTHQUAKE & FLOOD (DIC) 56130 EXTERNAL SERVICES
52532 SAFETY & TRAINING SUPPORT 56210 FUEL & FLUIDS
52533 UVFA RETIREE HEALTH INS 56300 BUILDING MAINT. & REPAIR 52600 RENT 56410 EQUIPMENT RENTAL - PRIVATE
52601 DATA STORAGE & CONNECTIVITY 56504 FACILITY MAINTENANCE & REPAIR 52602 RENTAL OF CITY PROPERTY 56600 AIRFIELD MAINTENANCE & REPAIR 52841 SUCCESSOR AGENCY ADMIN 57100 LEARNING AND DEVELOPMENT 53000 LAWSUIT SETTLEMENT 57101 CONF & TRAINING-AQUATICS 54100 SUPPLIES 57300 MEMBERSHIPS & SUBSCRIPTIONS
Object Code Summary Attachment 3
58101 NCPA PLANT GENERATION
58102 NCPA POWER PURCHASES
58103 NCPA TRANSMISSION
58104 NCPA MANAGEMENT SERVICES
58105 NCPA THIRD PARTY SALES
58202 CHEMICALS
58401 AVIATION FUEL
58410 GARAGE LUBRICANTS & PARTS
58510 REIMBURSABLE JOBS
59100 PROPERTY TAXES PAID
59101 FEES
59102 FRANCHISE FEES
59105 CONTRIBUTIONS TO OTHER AGENCY
59106 SENIOR TRASH SUBSIDY
59108 BANK FEES
59400 OTHER EXPENSES
59500 LOANS ISSUED
59502 SCHOLARSHIPS
61200 PURCHASING ALLOCATION
61300 BILLING & COLLECTION ALLOCATIO
61410 RENT ALLOCATION
61420 BUILDING MAINTENANCE ALLOCATIO
61422 IT ALLOCATION
61430 CORP YARD ALLOCATION
61500 INSURANCE ALLOCATION
61600 GARAGE ALLOCATION
61700 DISPATCH
62100 ADMIN & OVERHEAD ALLOCATION
63000 INTERFUND SERVICES USED
70101 LOAN PAYMENTS MADE
70102 BOND INTEREST EXPENSE
70103 LOAN INTEREST
70201 LOAN PRINCIPAL PAYMENTS
70202 BOND PRINCIPAL PAYMENTS
74500 CAPITAL LEASE PRINCIPAL
74501 CAPITAL LEASE INTEREST
80100 MACHINERY & EQUIPMENT
80210 LAND ACQUISITION
80220 BUILDING IMPROVEMENTS
80230 INFRASTRUCTURE
90100 LOAN PROCEEDS
90101 LOAN PAYMENT RECEIVED
Attachment 4
Agenda Item No: 7.b.
MEETING DATE/TIME: 3/16/2022
ITEM NO: 2022-1417
AGENDA SUMMARY REPORT
SUBJECT: Adoption of Resolution of the City Council Reconsidering the Circumstances of the State of Emergency and Implementing Teleconferencing Requirements for City Council and Board and Commission Meetings During a Proclaimed State of Emergency Due to the COVID-19 Pandemic.
DEPARTMENT: City Attorney PREPARED BY: Darcy Vaughn, Assistant City Attorney PRESENTER: Consent Calendar
ATTACHMENTS:
1. AB 361 Findings Reconsideration for All Legislative Bodies Summary: The City Council will consider adopting a resolution reconsidering the circumstances of the state of emergency and implementing teleconferencing requirements for public meetings of the Council and all City Commissions and Boards during the current state of emergency due to the COVID-19 pandemic.
Background: The City Council is being asked to consider adopting a resolution authorizing continued remote meetings of the Council and its subordinate legislative bodies due to the imminent risk to the health and safety of attendees due to possible transmission of COVID-19 and the recent spread of variants. The current County health orders strongly recommends masking in all indoor facilities due to health and safety concerns. COVID19 is highly transmissible in indoor settings and requires multi-component prevention strategies to reduce its spread. The California Department of Public Health is currently investigating the length of vaccine protection.
The Center for Disease Control and Prevention recommends avoiding indoor spaces that do not offer fresh air from the outdoors as much as possible. Returning to meeting in the Council Chambers or smaller conference rooms means being in an enclosed space for meetings that commonly last for one to five hours and would seem to create additional exposure for participants to a possible transmission of the virus.
The Ralph M. Brown Act (“Brown Act”) requires that all meetings of a legislative body of a local agency be open and public and that any person may attend and participate in such meetings. The Brown Act allows for legislative bodies to hold meetings by teleconference, but imposes specific requirements for doing so, including allowing public access to that location. On March 17, 2020, in order to address the need for public meetings during the COVID-19 pandemic, Governor Newsom issued Executive Order No. N-29-20, temporarily suspending the Brown Act’s teleconferencing requirements, Executive Order No. N-8-2 then continued the suspension of the Brown Act’s teleconferencing requirements from June 11, 2021 through September 30, 2021. These Executive Orders allowed legislative bodies to meet virtually as long as certain notice and accessibility requirements were met.
The State Legislature amended the Brown Act through Assembly Bill No. 361 (“AB 361”) on September 16, 2021. As with the Executive Orders, AB 361 requires that certain notice and accessibility requirements continue to be met for holding virtual public meetings. In addition, AB 361 states that a local agency may use teleconferencing without complying with the regular teleconferencing requirements of the Brown Act, where the legislative body holds a meeting during a proclaimed state of emergency and makes certain findings; and requires that the legislative body make additional findings every 30 days in order to continue such teleconferencing.
As such, staff recommends that the Council reconsider the circumstances of the state of emergency, and make findings regarding the state of emergency by adopting the Resolution Implementing Teleconferencing
Requirements for City Council and Board and Commission Meetings During a Proclaimed State of Emergency Due to the COVID-19 Pandemic (“Resolution”) attached here as Attachment 1.
Discussion: AB 361, codified in part in Government Code § 54953, allows a local agency legislative body to hold a public meeting utilizing teleconferencing without giving public access to a teleconference location but allowing public comment virtually if the Governor has proclaimed a State of Emergency and any of the following circumstances also apply:
1. State or local officials have imposed or recommended measures to promote social distancing.
2. The meeting is being held for the purposes of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
3. The legislative body has determined that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
As amended by AB 361, Government Code § 54953(e)(3) requires cities that are conducting public meetings via teleconferencing during a declared State of Emergency to make findings, within 30 days of the first virtual meeting after AB361 going into effect, and every 30 days thereafter, that the legislative body has reconsidered the circumstances of the state of emergency and either 1) the emergency continues to impact the ability to meet safely in person, and/or 2) State or local officials continue to impose or recommend social distancing.
Council adopted these findings at their February 16, 2022 meeting. The Council must now adopt, via this Resolution (Attachment 1), the findings that confirm the circumstances of the state of emergency and justify holding public meetings of the Council and all subordinate commissions, boards, and committees utilizing teleconferencing and allowing public comment virtually, pursuant to Government Code § 54953(e)(3).
Given recent modifications to the health order, staff is currently working towards a hybrid meeting option that would allow for in-person and remote participation in an effort to accommodate all needs and choices. Staff will be working with the Mayor to coordinate implementation.
Recommended Action: Adopt a Resolution of the City Council Reconsidering the Circumstances of the State of Emergency and Implementing Teleconferencing Requirements for City Council and Board and Commission Meetings during a Proclaimed State of Emergency Due to the COVID-19 Pandemic.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: City Clerk
1 RESOLUTION NO. 2022-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH IMPLEMENTING
TELECONFERENCING REQUIREMENTS FOR CITY COUNCIL AND BOARD AND
COMMISSION MEETINGS DURING A PROCLAIMED STATE OF EMERGENCY DUE TO THE COVID-19 PANDEMIC
WHEREAS:
1. The City of Ukiah is committed to preserving and nurturing public access and participation in meetings of the City Council and its Boards and Commissions; and
2. All meetings of City’s legislative bodies are open and public, as required by the Ralph M.
Brown Act, so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business;
3. The Brown Act allows for legislative bodies to hold meetings by teleconference, but imposes specific requirements for doing so; and
4. On March 17, 2020, in order to address the need for public meetings during the present public health emergency, i.e. the COVID-19 Pandemic, Governor Newsom issued Executive Order No. N-29-20, suspending the Act’s teleconferencing requirements; and
5. On June 11, 2021, Governor Newsom issued Executive Order No. N-8-21, continuing the suspension of the Brown Act’s teleconferencing requirements through September 30, 2021; and
6. The State Legislature amended the Brown Act through Assembly Bill No. 361 (AB 361) on September 16, 2021; and
7. AB 361, codified in part at Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
8. Such conditions now exist in the City, specifically, the Governor has proclaimed a state of emergency exists for the state of California due to the conditions caused by the COVID-19 pandemic and the impact on the health and safety of its residents; and
9. The Delta variant is highly transmissible in indoor spaces, the California Department of Public Health is currently investigating how long vaccine protection lasts, and the Center for Disease Control and Prevention recommends avoiding indoor spaces that do not offer fresh air from the outdoors;
10. Current County health orders impose or measures to promote social distancing due to health and safety concerns; and
2 11. In accordance with Assembly Bill 361, the City Council does hereby find that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees and the Council desires to authorize continued remote teleconferenced meetings of its legislative bodies; and
12. As a consequence of the local emergency, the City Council does hereby find that the legislative bodies of the City shall conduct their meetings without compliance with Government Code § 54953(b)(3), as authorized by § 54953(e), and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in § 54953(e)(2); and
13. The City has taken measures to conduct public meetings via virtual tools that allow members of its legislative bodies and members of the public to join and participate in meetings remotely and provide public testimony in the virtual environment and via teleconference.
NOW, THEREFORE, the City Council for the City of Ukiah hereby finds, determines, declares, orders, and resolves as follows:
1. That the foregoing recitals are true and correct and incorporates them by this reference; and
2. The Governor of the State of California issued a Proclamation of State of Emergency, which remains in effect; and
3. County of Mendocino officials have imposed or recommended measures to promote social distancing; and
4. Meeting in person would present imminent risk to the health or safety of attendees; and
5. The City Council of the City of Ukiah has reconsidered the circumstances of the State of Emergency, and finds that:
a. The factors triggering the State of Emergency continue to directly impact the ability of the members of the legislative bodies of the City of Ukiah, their staff, and members of the public to meet safely in person; and
b. State and County officials continue to impose or recommend measures to promote social distancing.
6. The City Manager or his designee and the legislative bodies of the City of Ukiah are authorized to take all steps and perform all actions necessary to execute and implement this Resolution in compliance with Government Code § 54953; and
7. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) April 15, 2022, or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City may continue to teleconference without compliance with paragraph (3) of subdivision (b) of § 54953(b)(3).
PASSED AND ADOPTED this 16th day of March, 2022, by the following roll call vote:
3 AYES:
NOES:
ABSENT:
ABSTAIN:
Jim O. Brown, Mayor
ATTEST:
Kristine Lawler, City Clerk
Agenda Item No: 7.c.
MEETING DATE/TIME: 3/16/2022
ITEM NO: 2022-1429
AGENDA SUMMARY REPORT
SUBJECT: Authorize the City Manager to Negotiate and Enter into a Contract with Ren Alexander Design for Consulting Services to Assist the Electric Utility Department with the Architectural Services and Plans for the Interior of the Electric Service Center for an Amount not to Exceed $75,000.
DEPARTMENT: Electric Utility PREPARED BY: Cindy Sauers, Assistant Electric Utility Director PRESENTER: Cindy Sauers, Electric Utility Director
ATTACHMENTS:
1. 2203_220221_Proposal_UkiahElectric_Ren Alexander
Summary: The City Council will consider authorizing the City Manager to negotiate and enter into a contract with Ren Alexander Design for architectural services and plans for the interior of the Electric Service Center.
Background: In 2015, Council approved the purchase of a 15,800 sq. ft. building on 2.8 acres at 1350 Hastings Road to be used as the Electric Service Center, centralizing operations for engineering, construction and technical services. In 2021, Council approved the contract for Phase 1 of the project, which consisted of the site improvement portion of the property, including grading, roofing and fencing. Phase 2 of the project consists of the renovation of the interior of the building to modify the existing suites to accommodate office space, conference rooms and warehousing for all functions of the utility. A third phase of the project is to add solar generation to the rooftop as well as raised structures which will increase Ukiah's eligible renewable portfolio.
The site improvements are 85% complete with the remaining portion of work held up due to supply chain delays of electrical equipment. The anticipated completion is scheduled for fall of 2022.
Currently, the electric department construction crew is housed at the corporation yard with engineering and administrative staff divided between City Hall, the corporation yard and a small, temporary office at the Service Center that was set up to separate staff during the pandemic. The consolidation of material, equipment, and staff will greatly increase productivity and collaboration between all functions of the utility.
Discussion: Staff reached out to seven different architectural firms, both locally and in neighboring counties, in an effort to determine availability and discuss the scope of the project. Each firm notified staff that they were unable to complete the work due to heavy workloads. The City Manager's office became aware of a new architectural team who had recently relocated to Ukiah. Upon contacting them, they determined that they could manage to include the project in their current workload and they provided a proposal (Attachment 1). Ren Alexander Design is new to Ukiah but has almost 20 years of combined architectural experience.
Staff recommends authorizing the City Manager to negotiate and enter into a contract with Ren Alexander Design for consulting services to assist the Electric Utility Department with the architectural services and plans for the interior of the Electric Service Center.
Funds are budgeted and available in 80126100.80220.17023.
Recommended Action: Authorize City Manager to negotiate and enter into contract with Ren Alexander Design for consulting services to assist the Electric Utility Department with architectural services and plans for the interior of the Electric Service Center for an amount not to exceed $75,000.
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 80126100.80220.17023; $491,679.
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.:
COORDINATED WITH:
Proposal for Services
Hello Cindy,
We are very pleased to present the following proposal to provide Architectural Services for the proposed project at 1350 Hastings Avenue as outlined below. Our goal is to complete a unique, distinctive, and functional design for the project, which will satisfy your needs and requests.
For your convenience, we have minimized this document to highlight the key areas of this proposal. The terms and conditions set forth in Exhibit A, attached hereto, are incorporated into this Agreement for reference.
Agreement:
1. Initial Information and Assumptions
1.1. Client [City of Ukiah Electric Utility Department] and R/A [Ren/Alexander Design] agree the basic scope of the Project [the “Basic Services”] is as follows: Our understanding of the scope of work and project assumptions are listed below. Any variance from the items outlined below may require a revision to the proposed fees set forth herein, subject to prior approval by Client.
Basic Project Assumptions
1. Project square footage = Approximately 11,500 sqft. of existing 15,000 sqft. warehouse building.
2. This project will comply with the relevant Codes adapted by the City of Ukiah
3. Client has provided R/A with prior plans of as-built conditions and space planning for reference purposes only.
4. R/A will extract programmatic features from preliminary plans provided by Client, and from additional feedback from Client.
5. Mechanical, electrical and plumbing consultants shall be retained by Client. R/A will assist in consultant onboarding and coordination.
6. Security, telecom, and audio/visual services shall be retained by Client if desired.
7. Interior designer shall be retained by Client and will provide furniture layout plans, furniture specifications and material finish specifications where indicated.
8. Title-24 energy consultant to be retained by Client. R/A will assist in consultant onboarding and coordination.
9. Fire protection and fire sprinkler design to be Design Build under General Contractor as required.
10. This proposal assumes this project will be permitted, bid, and constructed in one phase of work.
11. The permitting entity is the City of Ukiah Department of Building Inspection [DBI], this project will comply with the relevant Codes adopted by the City of Ukiah
Project: Ukiah Electric Utility Department: Building Renovation Date: 2/21/2022 To:
Cindy Sauers
City of Ukiah Electric Utility Director
1350 Hastings Avenue
Ukiah, CA 95482
From:
Steven Ratley
Ren / Alexander Design
301 Scott Street
Ukiah, CA 95482
REN / ALEXANDER Page 1 of 10
REN / ALEXANDER
Proposal for Services
Projected Scope of Work and Program
Exterior Alterations
• North Retail Entrance: Review to accommodate fork lift. • West Elevation: Infill existing roll-up doors and provide and new windows / doors. • East elevation: Infill existing roll-up doors and provide new storefront windows / doors. • South Elevation: Second level South and West new windows. • Roll up door connection to outdoor Patio and BBQ Area.
Interior Alterations
• General : New lighting, ceiling treatment, floor finish, and interior finishes throughout. • Bay 1 : Retail Showroom - Closed in conference room, reception area, bathroom redesign, corridor access to offices. • Bay 2 and 3 : Offices & document storage - Connecting corridor. • Program includes: 9 offices, 1 bathroom block, 1 break room. • Disassemble / reuse heavy timber mezzanines & repurpose. • Assess and redesign stair access to mezzanines.
• Warehouse 4: Break room, maintain stair core, bathroom, enclose existing utilities, large conference room (20 person), stretching area, eyewash stations, ice machine, workbench, access to outdoor patio and document storage. • Second Floor: Storage. AV enclosed room, central storage area. • Warehouse 5: Bull Room - Small enclosed office, kitchenette, workbench, conference area with tv screen(s), whiteboards.
2. Scope of Services
2.1. Basic Services
During Design, R/A’s Basic Services consist of those described in this Article 2. Services not set forth in this Article 2 are considered Additional Services, as outlined under Article 3.
2.1.1. R/A shall research applicable design criteria, attend project meetings as required, communicate with members of the project team, and report progress to the Client.
2.1.2. R/A shall coordinate its services with those provided by the Client and Client’s consultants. R/A shall be entitled to rely upon, and shall not be responsible for, the accuracy, completeness, and timeliness of services and information furnished by the Client and Client’s consultants. R/A shall provide prompt written notice to the Client if R/A becomes aware of any error, omission, or inconsistency in such services or information.
2.1.3. R/A shall not be responsible for a Client’s directive or substitution, or for the Client’s acceptance of nonconforming work, made or given without R/A’s written approval.
2.1.4. R/A shall contact governmental authorities required to approve the construction documents for the Project.
R/A shall respond to applicable design requirements imposed by those authorities and entities.
2.1.5. R/A shall assist the Client in connection with the Client’s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project.
REN / ALEXANDER Page 2 of 10
Proposal for Services
2.2. Phase I : Programming & Pre-Design Phase [PD]
Estimated timeframe : 1-2 weeks
Proposed Fee : Fixed Fee $6,000 [serves as deposit]
During PD we work with the Client to refine the Program and Scope of Work. The PD phase includes the following scope:
2.2.1. Existing Conditions and Survey: Client has provided R/A with As-Built drawings and will provide a Site Survey to establish existing conditions and base working documents.
2.2.2. Geology and Soils Testing/Report: Client will provide R/A with a current soils report by a licensed geologist in the state of California to establish existing soil conditions and recommendations for design solutions for building foundations, excavation and grading strategies, earth retaining and shoring requirements and values, as well as compaction and fill requirements.
2.2.3. Zoning/Code Review: R/A will conduct a zoning/code compliance review of the existing property and the proposed scope of work. This includes any meetings and/or correspondence with Local Officials of the City or local governing authority. Any restrictions or parameters established from this review will be presented by R/A to the Client.
2.2.4. Design Meeting: R/A and Client will host a maximum of [2] two meetings to develop program requirements and establish a single preferred Space Plan.
2.2.5. Issuances for this phase:
• Finalized Program List & Space Plan(s).
2.3. Phase II : Schematic Design Phase [SD]
Estimated Duration : 2 - 3 weeks
Proposed Fee : Fixed Fee - $15,000
During SD we work with the Client to refine the Program and Scope of Work, as well as develop base floor plan and elevations, interior material palette options. Written approval of both the Program and a single Schematic Design option will be provided by the Client before commencing to the next phase. The SD phase includes the following scope:
2.3.1. Precedent Imagery & Sketches: R/A will prepare a presentation and/or shared cloud document for the harvesting of inspiration and precedent imagery to share with the Client. These inspiration images will help to declare the design aesthetic, features, and look and feel of the scope of work.
2.3.2. Consultant On-Boarding: R/A will assist the Client in on-boarding appropriate consultants for the coordination of services and initial permitting requirements, as well as appropriate infrastructure and planning purposes. These consultants must include, but are not limited to; Structural Engineer, CA Title-24 Energy Consultant, MEP Engineer.
2.3.3. Design Meetings: R/A and Client will host a maximum of [2] two meetings to develop design direction and establish a Schematic Design. If additional meetings are required, Additional Services will be requested.
2.3.4. Issuances for this phase:
• Schematic drawing package of the design in 2D and 3D concepts, which will include the proposed Scope of Work and Design Intent. This drawing package will focus on the primary interior spaces such as retail bay, offices bay, and other areas of focused importance. • Exterior Elevations with updated door & window placement • Refined Floor plan(s)
REN / ALEXANDER Page 3 of 10
Proposal for Services
2.4. Phase III : Design Development & Building Permit Phase [DD] Estimated Duration : 4 - 6 weeks
Proposed Fee : Fixed Fee - $28,000
During DD we work with the Client to refine the Schematic Design, and develop a Building Permit Application and Drawing Set of the proposed Scope of Work. Written approval of the Design Development will be provided by the Client before commencing to the next phase. Estimated time does not include Permit Application review/approval time.
The D.D. phase includes the following scope:
2.4.1. Design Meetings: R/A and Client will host a maximum of [2] two meetings in order to develop the specific design features, further refining the scope of work and documentation into a singular focused design direction and defined scope of work. If additional meetings are required, Additional Services will be requested.
2.4.2. Consultant Coordination: R/A will assist in the coordination of consultant services, final permitting and construction requirements. These consultants include, but are not limited to; MEP Engineer, T-24 Energy Consultant, and Interior Designer.
2.4.3. Permit Scope: Determine Building Permit Compliance requirements and required applications, and prepare documents for filing of all required Building/Engineering Level Permit Applications.
2.4.4. Issuances for this Phase:
• Building Permit Drawing Set: includes 3D renderings, Floor Plans, Exterior Elevations, Interior Elevations, Building Sections, Door & Window Schedules, Title-24 Calculations, CalGreen Documentation, Reflected Ceiling Plans & Lighting, MEP Plans, Any Consultant Drawings & Calculations
• Drawing revisions triggered by plan check comments from any local regulatory agency
2.5. Phase IV : Construction Documents Phase & Value Engineering [CD] Estimated Duration : 2-4 weeks
Proposed Fee : Fixed Fee - $10,000
During CD we work to create a document set to function as a Contract Set, as well as a document set that a General Contractor can use as the basis for construction. The CD phase includes the following scope:
2.5.1. Consultant Coordination: Coordination of Interior Design, Lighting, Structural, Mechanical, Plumbing, Electrical, and T-24 Energy Calculations will be consolidated for the final time for a coordinated set of documents.
2.5.2. Typical and Location Specific Detail Drawings to clarify design intent.
2.5.3. Issuances for this Phase:
• Construction Drawing Set as the basis for the construction and Contract with a General Contractor.
This drawing set will become the governing document to establish final building design and specifications. This drawing set will include all final consultant drawings and documentation along with the final architectural details.
REN / ALEXANDER Page 4 of 10
Proposal for Services
2.6. Phase V : Bidding, Contractor Negotiations & Value Engineering [BN] Estimated Duration : 2-4 weeks
Proposed Fee : Billed Hourly [$150/hour on As-Needed Basis] During BN we will work with the Client to review General Contractor Bids for completeness and accuracy. In addition R/A will review any Value Engineering proposals and/or Requests for Information provided by prospective General Contractors for review with the Client. The BN phase includes the following scope:
2.6.1. Bid Review: R/A and Client will review General Contractor estimates for completion and accuracy with the Bid Documents. A meeting with each General Contractor will be conducted to allow for presentation of the bid, and questioning along with the Client.
2.6.2. Requests for Information: R/A will review and respond to General Contractor Requests for information or questions generated in the preparation of estimates. If these requests or questions have material impact to the design intent or scope of work, R/A will present those to the Client for further discussion.
2.6.3. Value Engineering: If deemed necessary to adjust the Scope of Work or Construction Documents to adjust the total cost of the Project, R/A and Client will work with the preferred General Contractor to execute any adjustments needed to target a cost savings.
2.6.4. Issuances for this Phase:
• Any drawing addenda to clarify General Contractor Bid questions
2.7. Phase VI : Construction Administration [CA]
Estimated Duration : Time and Materials for duration of construction Proposed Fee : Billed Hourly [$150/hour on As-Needed Basis] During CA, we will act as the Client’s advocate during construction and work with the Contractor to answer questions, interpret Construction Documents, and assist with final design decisions as required by the Client on an as-needed basis.
2.7.1. Construction Observation: R/A will review progress schedule, review General Contractor Change Orders, and respond to Request’s For Information [RFI’s].
2.7.2. Submittals: R/A will review applicable shop drawings and submittals prepared by the General Contractor, Subcontractors, and Vendors for compliance with the design and Contract Documents.
2.7.3. Progress Meetings: Attendance of R/A at weekly or bi-weekly construction meetings. In addition, R/A will conduct observation of the construction and report progress to the Client.
2.7.4. Close-out: R/A will prepare a project punch-list to document compliance with design intent and execution standards. This document will serve as the means to reach final project close-out, and turnover of building to Client.
REN / ALEXANDER Page 5 of 10
Proposal for Services
3. Additional Services:
R/A may provide the following Additional Services after execution of this letter of engagement without invalidating the agreement. Any Additional Services provided in accordance with this article 3 shall entitle R/A to additional compensation pursuant to Article 6.
3.1. Services necessitated by a change in the description of work, previous instructions or approvals given by the Client, or a material change in the project including size, quality, complexity, or procurement or project delivery method.
3.2. Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared instruments of service at the Client’s request.
3.3. Changing or editing previously prepared instruments of service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the instruments of service when those instrument of service were prepared in accordance with the applicable standard care.
3.4. Services necessitated by decisions of the Client not rendered in a timely manner or any other failure of performance on the part of the Client.
3.5. Preparing digital models, digital renderings, or other design documentation of the work for transmission to the Client’s consultants, or to other Client-authorized recipients.
3.6. Preparation for, and attendance at, a public presentation, meeting or hearing, unless otherwise noted in the Basic Scope of Services in Article 2..
3.7. Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where R/A is party thereto.
4. Notable Exclusions:
This proposal specifically excludes the following:
4.1. Materials testing and inspections or selective demolition.
4.2. Site surveys including but not limited to; utilities, topographic, floor leveling, window conditions, etc.
4.3. Geo-technical investigations.
4.4. Work related to the investigation or handling of Hazardous Materials.
4.5. Preparation for, or presentations at any City of Ukiah Commissions, Boards, Agencies, etc.
4.6. Design for alternative tenants or uses after the space plan has been permitted.
4.7. Any design work on a new or alternative location(s).
4.8. Material changes to the design after receipt of a Phase sign-off by Client
4.9. Engineering or design consultants and associated Fees.
4.10. Engagement of a permit expeditor.
4.11. Construction cost estimating except as otherwise set forth herein.
4.12. Preparation of As-built drawings, post-construction
4.13. Services if the project is constructed in multiple phases.
4.14. Unreasonable and material delays in the progress of the work through no fault of R/A.
4.15. Client graphics or identity signage.
4.16. LEED Certification at any level
4.17. Work beyond (by a material period of time) assumed durations of each phase. Specifically, the construction phase – this proposal assumes an 11 to 13 week duration, should construction take longer, R/A will propose additional fees which shall be subject to Client’s review and approval.
4.18. Support for any CEQA related submissions or processes.
R/A would be pleased to provide written additional service proposals for any of these items, if requested, with the exception of Items 1 through 4.
REN / ALEXANDER Page 6 of 10
Proposal for Services
5. Professional Fees:
For the Basic Services outlined in this proposal, the Client shall compensate R/A under a Stipulated Sum/Fixed Fee as outlined below. R/A is not responsible for Client’s Consultant Fees, Permit Fees, or other expenses not attributed to R/A. The Stipulated Sum outlined below is based off the Basic Services Phases as outlined in Article 2.
Basic Services
Programming / PreDesign [PD] $ 6,000 due at Contract Signing Schematic Design [SD] $ 15,000
Design Development [DD] $ 28,000
Construction Documents [CD] $ 10,000
Total Basic Services: $ 59,000 Fixed Fee
Construction Phase
Bidding & Negotiations [BN] $150 / hour Time and Materials Construction Administration [CA] $150 / hour Time and Materials
6. Hourly Rates and Reimbursable Expenses:
Reimbursable Expenses are in addition to compensation for Basic and Additional Services and shall mean reasonable expenses incurred by R/A and R/A’s employees and consultants directly related to the Project, as identified below:
6.1. Hourly rates for Ren/Alexander for Additional Services, Construction Administration, and for Reference by the Client are to be provided at a set fee of $150.00 per hour.
6.2. R/A shall be reimbursed for expenses attributed to R/A at cost. Payments are due and payable upon Client’s receipt of R/A’s invoice.
6.3. Undisputed amounts unpaid thirty [30] days after the invoice date shall bear interest from the date payments are due at a rate of 3% per month or the maximum rate allowed by law, whichever is less, such rate to be charged on the unpaid balance.
• Mileage for Vehicular Transportation 54.5 cents per mile. • Printing/Hard-Copies of Documents Reimbursable at cost. • Sample/Material Purchase Reimbursable at cost.
• Permit Application Fees Reimbursable at cost.
• Showroom/Vendor Visits $150.00 per hour.
R/A Hourly Rates
Effective 1 January 2022
Principal $150 / hour
Project Manager $150 / hour
Project Architect $150 / hour
Designer/Drafter $105 / hour
Administration/Clerical $ 50 / hour
REN / ALEXANDER Page 7 of 10
Proposal for Services
7. Scope of Proposal
7.1. This Proposal represents the entire and integrated agreement between the Client and R/A, and supersedes all prior negotiations, representations, or agreements, either written or oral. This agreement may be amended only by a written instrument signed by both the Client and R/A.
7.2. This agreement is comprised of the following documents identified below:
7.2.1. Proposal, dated 21 February 2022
7.2.2. Exhibit A: Terms And Conditions
We thank you for the opportunity to provide you with this proposal, and look forward to realizing your goals. This proposal is valid for [30] thirty days upon the date listed on this proposal. If the terms of this proposal are agreeable, please sign below and return one copy. I look forward to the opportunity to work with you on this project. Please do not hesitate to call if you have any questions.
Sincerely,
Steven Ratley & Kali Gordon
REN / ALEXANDER Page 8 of 10
Client:
____________________________________________________
[Signature]
____________________________________________________
[Printed Name and Title]
Ren / Alexander Design
____________________________________________________
[Signature]
____________________________________________________
[Printed Name and Title]
Proposal for Services
Exhibit A: Terms and Conditions
1. General Conditions
1.1. R/A fees, hourly rates, mileage rates, and other fees quoted in this agreement shall be valid for twelve (12) months.
R/A reserves the right to increase these fees if services are required beyond twelve (12) months.
1.2. The Client has the right to cancel R/A services at any time for cause or for the Client’s convenience and will be responsible only for payment of services performed up to the date of cancellation ($150/hour rate times number of unpaid hours). Any cancellation of R/A services shall be done in writing. The Client shall give at least two (2) weeks advance notice prior to cancellation.
1.3. If the Client breaches the terms of this agreement and such breach is not cured within seven (7) days written notice from R/A, R/A may stop work and/or terminate this agreement and the Client shall pay all amounts due to R/A for its work prior to such stoppage or termination. Further, R/A shall have any and all other remedies available at law or equity as a result of such breach by Client. R/A shall not be responsible for any damages or delays to Client caused as a result of the stoppage of R/A’s work. In the event of default by the Client hereunder, the Client agrees to pay all costs of collection and enforcement incurred by R/A, including reasonable attorney fees and expenses.
1.4. Revisions and addendums requested after the issuance of final construction documents will be billed at a rate of $150/hour, unless such revisions are made necessary by R/A’s error or omission.
1.5. R/A shall have the right to use any drawings and photographs taken before, during, and after construction for marketing purposes.
1.6. R/A shall not be liable to the Client for any special, indirect, incidental or consequential damages arising from a breach of this agreement. The liability of R/A to the Client for any breach shall be limited to sums paid and/or due and owing by the Client to R/A under this agreement.
1.7. R/A is an independent contractor and nothing contained in this agreement shall create or be deemed to create an employment, agency, joint venture or partnership relationship between R/A and the Client.
1.8. This document and the attached exhibits and addendums constitutes the entire agreement between the parties relating to R/A’s work on the project. All prior, contemporaneous and preliminary negotiations, understandings, agreements, covenants and representations are merged herein. No representations, warranties or promises pertaining to this agreement have been made by, nor shall be binding upon, either of the parties, except as expressly stated in this agreement. This agreement may not be amended or modified orally, but only by an agreement in writing signed by all parties hereto.
2. Invoicing Procedures
2.1. All invoices must be paid the 15th of the following month or 2 weeks from receipt of invoice, whichever is sooner.
Payments can be paid via check.
2.2. Checks shall be made payable to Ren/Alexander Design
2.3. Interest at 1.5% per month (but not exceeding the maximum rate allowed by law) will be payable on all amounts not paid within 60 days. Payments thereafter shall be applied first to accrued interest and then to unpaid principal.
3. R/A Responsibilities
3.1. R/A shall perform its services consistent with professional skill and care standard to its industry and as expeditiously as is ordinarily provided by R/As practicing in a similar locality under similar circumstances.
3.2. R/A shall not engage in any activity, interest, or contribution that would reasonably appear to compromise R/A’s professional judgement with respect to this Project without the Client’s knowledge.
3.3. R/A shall maintain General Liability Insurance consistent with the professional norms for the duration of this Agreement. If unique aspects of the Project require that R/A exceed the types and limits of coverage R/A normally maintains, the Client shall reimburse R/A for such additional costs.
3.4. R/A shall coordinate its services with the services provided by the Client and the Client’s consultants. R/A shall rely on the accuracy and completeness of the information provided by the Client. R/A shall promptly notify the Client of any inconsistencies in this information provided by the Client.
REN / ALEXANDER Page 9 of 10
Proposal for Services
4. Client Responsibilities
4.1. The Client shall provide information in a timely manner. This information includes Project program, Client’s objectives, schedule, constraints, special equipment, special site constraints, etc.
4.2. The Client shall respond to R/A’s requests and questions in a timely manner. Any delay in the schedule due to the lack of timeliness of the Client in requests or decisions shall require a modification to the Fee.
4.3. The Client shall establish and periodically update the budget for the Cost of the Work for the Project. If the Client increases or decreases the budget for the Cost of the Work, the Client shall notify R/A. The Client and R/A shall then agree to a corresponding change in the Project’s scope and quality, and a modification to the Fee, if required.
4.4. The Client shall furnish a site survey including all topographic information and built information as related to the site.
All information in this survey shall serve as the starting point for the Project.
4.5. The Client shall furnish the services of a geotechnical engineer to provide a geotechnical survey, which will be the basis of the future foundation design, as required by the local authorities and the structural engineer.
4.6. Other than R/A, all consultants required for the Project shall be directly engaged by the Client including but not limited to structural and MEP engineers, interior designer, title-24 energy consultant. The Client shall coordinate the services of its own consultant as described above with those services provided by R/A.
5. Limit of Liability
5.1. To the fullest extent permitted by law, the total liability, in the aggregate, of R/A and its officers, directors, partners, employees, agents, and sub-consultants, to the Client, and anyone claiming by, through, or under the Client for any claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to this Project or Agreement from any cause or causes, including but not limited to negligence, professional errors and omissions, strict liability, breach of contract, or breach of warranty, shall not exceed the total compensation received by R/A as set forth in this Agreement.
6. Claims and Disputes
6.1. The Client and R/A shall commence all claims and causes of action with the applicable limitations period provided by law, but in any case not more than 10 years after the date of Substantial Completion of the Project.
6.2. The Client and R/A shall work to resolve claims and disputes between them by mediation which shall be administered in the State of R/A’s headquarters or by the American Arbitration Association. A request for mediation must be delivered to the parties in writing and filed with the entity administering the mediation.
6.3. The mediation shall be held in the State of R/A’s headquarters, unless another location is mutually agreed upon.
Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.
6.4. If the parties do not resolve a dispute through mediation, the method for binding resolution shall be arbitration, which shall be administered in the State of R/A’s headquarters or by the American Arbitration Association. The award rendered by the arbitrator shall be final in accordance with applicable law.
6.5. The laws of the United States of America, and specifically the State of California, shall be applicable in the interpretation and enforcement of this Agreement.
6.6. In the event the Client fails to submit themselves to mediation or arbitration, R/A may seek relief in a state court of California, and Clients hereby waive all arguments related to jurisdiction or service of process and submit to the jurisdiction of the Court, including by default judgment.
7. Termination or Suspension
7.1. If the Client fails to make payments to R/A in accordance with this agreement, R/A may suspend services. R/A assumes no liability to the Client for delay or damage due to the suspension of services. Before resuming work, R/A shall be paid all sums due.
7.2. In the event the Client suspends the Project, R/A shall be compensated for services performed prior to notice of suspension. In the event of termination due to no fault of R/A, R/A shall be compensated for all services performed prior to termination within 30 days thereof.
7.3. Either party may terminate this agreement with seven days’ written notice to the other should the other party fail to perform in accordance with this agreement.
REN / ALEXANDER Page 10 of 10
Agenda Item No: 7.d.
MEETING DATE/TIME: 3/16/2022
ITEM NO: 2022-1210
AGENDA SUMMARY REPORT
SUBJECT: Approve the Purchase of Radio and Pagers in the Amount of $225,276.40 through Leavitt Communications, Approve the Purchase of Headsets in the Amount of $10,760.53 through The Radio Guys, and Approve Corresponding Budget Amendments.
DEPARTMENT: Fire PREPARED BY: Eric Singleton, Battalion Chief PRESENTER: Doug Hutchison, Fire Chief
ATTACHMENTS:
1. Bid Tabulation -RFB E39158 - Bendix King
2. Bid Tabulation -RFB E39159 - Motorola Pagers
3. Bid Tabulation -RFB E39160 - Headsets
4. BKR-5000_Brochure
5. KNGMobileRadio_Brochure
Summary: Council will consider approving the purchase of radio and pagers in the amount of $225,276.40 through Leavitt Communications, approve the purchase of headsets in the amount of $10,760.53 through The Radio Guys, and approve corresponding budget amendments.
Background: Due to Federal Communications Commission (FCC) regulations, all Fire Department Analog Radios are mandated and required to be replaced with Digital Radios. Currently, all radios operated by UVFA are analog. The FCC's move from analog to digital was needed to increase and improve radio efficiency along with meeting the radio spectrum's increasing service demand by the Narrow Banding (allowing for additional channels) of frequencies. Currently, all UVFA radios are not capable of changing from analog to digital, placing UVFA out of compliance in which steep fines could be imposed by the FCC. UVFA currently uses the Bendix King GPH5102X-CMD for handhelds and Kenwood TK-790 VHF for mobile radios. Unfortunately, due to the age of the radios, they are well past their useable service life, and cannot be upgraded, as they have been in service fifteen plus years. UVFA Staff have continually dealt with radios not functioning properly, causing safety issues such as not being able to communicate or relay information. Parts for these units are also no longer manufactured, causing Staff to use recycled parts from other units which are non-operational.
Additionally, moving from analog to digital will considerably increase the safety of team members while working in the field, allowing for clearer and more constant communications, allowing the UVFA to provide the highest standard of service to the community professionally and safely.
Discussion: As the need to upgrade our communications was identified, UVFA Staff planned for the replacement of all radio communication devices as a two-phased purchase which was added and approved by the Council in the Capital Improvement Plan (CIP) in June of the fiscal year 2021-22. Initially, $225,000 was identified for the phase-one purchase (fiscal year 2021-22) along with the phase-two purchase (fiscal year 2022-23) for $153,200. However, the amounts programmed in the CIP for 2021-22 were reduced to $0 in the recommended budget, pending results of annexation efforts with the Ukiah Valley Fire District.
Since that time, the annexation has been completed. Additionally, the UVFA has been able to secure an additional $45,000 for the fiscal year 2021-22 through the County of Mendocino from PG&E Settlement funds to be used towards the completion of the radio purchases.
Through the innovative work of the UVFA Staff, who researched and tested multiple radio manufacturers,
BendixKing radios were selected for their durability, reliability, interoperability (with surrounding agencies), and cost-effectiveness. Bendix King originally started out in radio communications as an aviation-based company in 1948. In 1983, with the merger of a few other communications companies, their service branched out to public safety (firefighter) and civilian radio communications. Bendix King has since become a leader in the market with their innovation and ideology pushing radio communications into the future, making communications and radio frequencies able to go farther with clearer transmissions.
The BKr5000 VHF (136-174MHz) P-Series was selected for the handheld radios. The P-Series was built and designed for the modern fire service. The button configuration was made to be operated with or without gloves on. Allowing firefighters to use the radios freely navigating multiple channels while in hazardous areas which require protective gear to be worn and remain in place. They are sealed units, which means being sprayed with water will not cause inoperability. Currently, CalFire is transitioning to the BKr5000, easing interoperability with neighboring agencies, which will also increase the availability of parts along with programming changes from California state radio technicians. Up to 2048 channels can be stored in the units, allowing for the state radio-load to be added, which is currently run statewide, allowing the radios to work regardless of the location (mutual aid requests through OES), which enables communication with adjoining forces. Additionally, for firefighter safety, they have an energy button for Maydays to immediately alert in dangerous life-threatening situations.
For the mobile radios (vehicle radios), the Bendix King KNG M150 VHF (136-174MHz) P25 was selected. The unit is a remote mount, meaning the body and the head of the radio can be installed separately, easing the installation utilizing the best location, allowing for the head of the radio to be placed where it is needed and not be constrained by size. Like the BKr5000, it has 2048 channels, allowing for the state radioload to be uploaded. Maintaining the same manufacturer for both handhelds and mobile radios gives an added bonus for programming and cloning multiple channels, as one unit can clone (program) the rest of the radios, which adds additional cost-savings when changes to programming come about, only having to have one programed, while UVFA Staff program the remaining.
The Minitor VI VHF (143-174mhz) 2-5 channel was selected for our portable pagers, for mobile, off-duty, and volunteer paging response. The Minitor was selected for its durability, the ability for multiple frequency programming (open radio channel, emergency callback only, first alarm or greater call, etc.,). Additionally, Minitor was built user-friendly for the end-user, along with user-friendly programming allowing staff to upload and change programming when necessary.
Additional purchases include all accessories needed and required for the operation of radio equipment (microphones, cloning cables, rechargeable and battery operated batteries, vehicle wiring harnesses, antennas, etc.,). This includes the replacement of current apparatus headsets (David Clark Headset-H3432) which are designed to protect team members from hearing loss due to the sound decimal rating produced by sirens, along with maintaining good communications via radio and person to person with pertinent information, allowing for optimal strategic and tactical decisions to be made. As with updating the radios, all the equipment must be updated as well, as current equipment is not compatible.
The Purchasing Department released three Requests for Bids: one for the Bendix King radios and accessories, one for the Motorola pagers, and one for the David Clark Headsets. Please refer to Attachments 1, 2 and 3 for a copy of the bid tabulations. As a result of the bid requests, staff is requesting the Council's approval to award the purchase of the Bendix King radios and accessories, as well as the pagers, to Leavitt Communications in the amount of $225,276.40; and award the purchase of the headsets to The Radio Guys in the amount of $10,760.53; for a total project cost of $236.036.93.
Funding will be provided by a combination of PG&E settlement funds, City Funds from the American Rescue Plan Act, and Ukiah Valley Protection District revenues.
Brochures for BKR 5000 Portable Radio and the BK Technologies KNG P25 Mobile Radio have been added as Attachments 4 and 5 respectively.
Recommended Action: Approve the purchase of radio and pagers in the amount of $225,276.40 through Leavitt Communications, approve the purchase of headsets in the amount of $10,760.53 through The Radio Guys, and approve corresponding budget amendments.
BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 10521210.54100.18240: $0
PROPOSED BUDGET AMOUNT: 10521210.54100.18240: $236,036.93; 10521210.48110: $45,000; 10500000.91100: $95,518; 10521210.47110: $95,518
FINANCING SOURCE: County of Mendocino PG&E Settlement Funds: $45,000; American Rescue Plan Act funding: $95,518; and revenues derived from UVFD taxes and assessments: $95,518 PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Doug Hutchison, Fire Chief
Description Quantity Unit Ext'd Unit Ext'd Unit Ext'd Unit Ext'd Unit Ext'd Unit Ext'd Unit Ext'd Unit Ext'd Unit Ext'd Unit Ext'd Unit Ext'd Bendix King BKR5000‐T3YC‐1, BKR 5000 VHF Radio, M III CMD Top & Front Display, full key pad. Include BKR‐BKF VHF, Blue Tooth & GPS, Yellow, Belt Clip 49 1,330.00$ $ 65,170.00 $ 1,315.98 $ 64,483.02 1,403.38$ $ 68,765.62 1,685.00$ $ 82,565.00 $ 1,265.00 $ 61,985.00 1,325.00$ $ 64,925.00 $ 1,260.50 $ 61,764.50 1,363.48$ $ 66,810.52 $ 1,471.51 $ 72,103.99 $ 1,333.93 $ 65,362.57 1,333.93$ $ 65,362.57 Bendix King BKR0810GPS Antenna, GPS, VHF, 136‐174 MHz, BKR‐P Series 49 53.30$ $ 2,611.70 $ 54.73 $ 2,681.77 54.00$ 2,646.0 $ 0 53.95$ 2,643.55 $ 57.11$ $ 2,798.39 59.95$ $ 2,937.55 49.75$ $ 2,437.75 54.20$ $ 2,655.80 $ 2,867.97 58.53 $ $ 53.06 $ 2,599.94 53.06$ 2,599.9 $ 4 Wicked 901‐1243‐V Antenna, Big Boost Blue, 18' Whip, 2.1 db Gain 150‐170 mhz 14 54.00$ $ 756.00 $ 49.00 $ 686.00 60.00$ $ 840.00 52.00$ $ 728.00 35.00$ $ 490.00 58.95$ $ 825.30 49.75$ $ 696.50 55.00$ $ 770.00 $ 39.00 $ 546.00 $ 42.00 $ 588.00 27.87$ $ 390.18 Bendix King BKR0101 Battery Pack, Li‐Ion 4900 Mah, Smart, BKR‐P Series 103 153.0 $ 0 $ 15,759.00 $ 158.01 $ 16,275.03 $ 16,510.9 160.30 $ 0 150.75$ 15,527.25 $ 148.39$ $ 15,284.17 $ 157.00 $ 16,171.00 144.65$ $ 14,898.95 156.59$ $ 16,128.77 $ 17,407.0 169.00 $ 0 $ 159.00 $ 16,377.00 $ 153.20 $ 15,779.60 Bendix King BKR0120 Battery, Clamshell, 12 "AA", Orange Case 60 98.00$ $ 5,880.00 $ 101.07 $ 6,064.20 $ 102.54 $ 6,152.40 99.25$ 5,955.0 $ 0 96.68$ $ 5,800.80 95.95$ $ 5,757.00 92.55$ $ 5,553.00 100.01$ $ 6,000.60 $ 108.10 $ 6,486.00 $ 98.00 $ 5,880.00 97.66$ 5,859.6 $ 0Bendix King BKR0203 Speaker Mike w/3.5mm Jack, IP68 Submersible & Emergency Button 50 217.00$ $ 10,850.00 $ 223.15 $ 11,157.50 226.39$ 11,319.50 $ 220.00$ 11,000.00 $ $ 209.57 $ 10,478.50 205.95$ $ 10,297.50 204.50$ $ 10,225.00 221.15$ $ 11,057.50 $ 11,934.00 238.68 $ $ 216.37 $ 10,818.50 216.37$ 10,818.50 $ #EC6M‐BK3 Charger, Smart, Desktop, 6‐Bay, BKR‐P Series 6 375.0 $ 0 $ 2,250.00 $ 309.89 $ 1,859.34 399.97$ $ 2,399.82 $ 460.00 $ 2,760.00 $ 394.80 $ 2,368.80 $ 395.00 $ 2,370.00 $ 299.00 $ 1,794.00 $ 401.54 $ 2,409.24 $ 380.07 $ 2,280.42 $ 277.64 $ 1,665.84 447.11$ $ 2,682.66 Bendix King #EC1M‐BK3 BKR5000 Single Unit Vehicle Charger w/Mounting Bracket and Radio Hold Down Alternate for LiIon & LiPo Batteries Only 1 69.95$ $ 69.95 $ 111.32 $ 125.00$ 111.32 $ 125.00 72.00$ $ 67.47$ 72.00 $ 67.47 65.95$ $ 65.95 62.50$ $ 86.27$ 62.50 $ 86.27 $ 82.15 $ 82.15 $ 58.50 $ 58.50 57.87$ $ 57.87 Bendix King KNG‐M150R Mobile Radio, Remote Mount VHF P25, 50 watt, 2048 channel 33 1,590.00$ $ 52,470.00 $ 1,638.30 $ 54,063.90 1,680.00$ $ 55,440.00 1,820.00$ $ 60,060.00 $ 1,542.94 $ 50,917.02 1,595.00$ $ 52,635.00 $ 1,501.50 $ 49,549.50 1,643.43$ $ 54,233.19 $ 1,773.66 $ 58,530.78 $ 1,650.00 $ 54,450.00 1,607.83$ $ 53,058.39 Bendix King KAA0660 Remote Control Head Kit for KNG ‐ include KAA0638 install kit 45 780.00$ $ 35,100.00 $ 803.85 $ 36,173.25 876.00$ 39,420.00 $ 895.00$ 40,275.00 $ $ 747.93 $ 33,656.85 799.95$ $ 35,997.75 731.50$ $ 32,917.50 796.65$ $ 35,849.25 $ 38,689.65 859.77 $ $ 769.00 $ 34,605.00 779.38$ 35,072.10 $ Bendix King KAA0290S Microphone, Handheld Programming, Straight Cord 45 204.0 $ 0 $ 9,180.00 $ 210.45 $ 9,470.25 $ 219.00 $ 9,855.00 $ 10,530.0 234.00 $ 0 $ 201.30 $ 9,058.50 $ 205.00 $ 9,225.00 $ 192.50 $ 8,662.50 208.56$ $ 9,385.20 $ 10,129.05 225.09 $ $ 204.05 $ 9,182.25 204.05$ $ 9,182.25 Bendix King KAA0636 Cable, Remote Mount, 17' for KNG‐R Radio 33 86.00$ $ 2,838.00 $ 88.55 $ 2,922.15 $ 100.10 $ 3,303.30 99.00$ 3,267.0 $ 0 84.70$ $ 2,795.10 95.95$ $ 3,166.35 82.50$ $ 2,722.50 $ 87.74 $ 2,895.42 $ 3,125.43 94.71 $ $ 85.86 $ 2,833.38 85.85$ 2,833.05 $ Bendix King NMO‐NTYPE NMO Mobile Antenna Cable w/N Male Connector 33 29.00$ $ 957.00 $ 30.61 $ 1,010.13 35.00$ 1,155.0 $ 0 26.45$ $ 872.85 14.28$ $ 471.24 35.95$ $ 1,186.35 25.75$ $ 849.75 29.35$ $ 968.55 $ 1,045.11 31.67 $ $ 24.50 $ 808.50 25.23$ $ 832.59 Bendix King MWV1360S VHF Mobile Antenna, 136‐174 mhz 33 62.00$ $ 2,046.00 $ 62.19 $ 2,052.27 70.00$ 2,310.0 $ 0 65.25$ 2,153.25 $ 59.49$ $ 1,963.17 69.95$ $ 2,308.35 54.10$ $ 1,785.30 61.62$ $ 2,033.46 $ 2,194.83 66.51 $ $ 58.50 $ 1,930.50 47.53$ 1,568.49 $ Bendix King KAA0701 Legacy / KNG Cloning Cable Portable & Mobile D/G Series, KNGP to KNGM 9 317.00$ $ 2,853.00 $ 325.73 $ 2,931.57 368.23$ $ 3,314.07 363.00$ $ 3,267.00 339.90$ $ 3,059.10 112.00$ $ 1,008.00 296.40$ $ 2,667.60 325.17$ $ 2,926.53 $ 348.39 $ 3,135.51 $ 315.82 $ 2,842.38 153.87$ $ 1,384.83 Bendix King KAA0637 Cable, Remote Mount, 25' for KNG‐R Radio 12 110.0 $ 0 $ 1,320.00 $ 113.12 $ 1,357.44 $ 123.50 $ 1,482.00 $ 126.00 $ 1,512.00 113.13$ $ 1,357.56 $ 112.00 $ 1,344.00 $ 102.50 $ 1,230.00 $ 112.10 $ 1,345.20 $ 120.99 $ 1,451.88 $ 109.68 $ 1,316.16 109.68$ $ 1,316.16 Bendix King BKR0701 Adapter ‐ KNG Cloning & Programming Cables to BKR Radio 9 154.0 $ 0 $ 1,386.00 $ 158.70 $ 1,428.30 $ 149.50 $ 1,345.50 $ 147.50 $ 1,327.50 $ 149.04 $ 1,341.36 $ 150.00 $ 1,350.00 144.75$ $ 1,302.75 157.28$ $ 1,415.52 $ 169.74 $ 1,527.66 $ 315.82 $ 2,842.38 153.87$ $ 1,384.83 Bendix King BKR0733‐V__ Software, Radio Editor, BKR0733 1 90.00$ $ 90.00 $ 106.60 $ 139.05$ 106.60 $ 139.05 99.00$ $ 99.00 ‐$ ‐$ 105.0 $ 0 $ 105.00 94.00$ $ 109.36$ 94.00 $ 109.36 $ 114.02 $ 114.02 $ 86.13 86.13 $ 103.36$ $ 103.36 Subtotal $ 211,586.65 $ 214,834.04 $ 226,523.16 $244,614.40 $ 203,893.03 $ 211,675.10 $ 199,213.60 $ 217,080.38 $ 233,651.45 $ 214,247.03 $ 210,286.97 Tax (7.875%) $ 16,918.1 16,662.45 $ 8 $ 17,838.70 $ 19,263.38 $ 16,056.58 $ 16,669.41 $ 15,688.07 $ 17,095.08 $ 18,400.05 $ 16,871.95 $ 16,560.10 Shipping $ 350.00 $ ‐ $ 300.00 $ 2,700.00 ‐$ ‐$ $ 272.00 ‐$ $ 2,870.00 $ ‐ ‐$ TOTAL: $ 228,599.10 $ 231,752.22 $ 244,661.86 $266,577.78 $ 219,949.61 $ 228,344.51 $ 215,173.67 $ 234,175.46 $ 254,921.50 $ 231,118.98 $226,847.07 Silke Communications Silverado Avionics The Radio Guys
REQUEST FOR BID ‐ E39158 ‐ BENDIX KING RADIOS AND ACCESSORIES BID OPENING: 1:30 P.M., 3/9/2022
49er Communication Advanced Communication Sys Banner Communications Columbia Communications Cross Connections Foothill Communications Leavitt Communications Power Works ATTACHMENT 1
Description Quantity Unit Ext'd Unit Ext'd Unit Ext'd Unit Ext'd Unit Ext'd Unit Ext'd Unit Ext'd Unit Ext'd Unit Ext'd Minitor VI VHF 143‐174mhz, 2‐5 channel, NOT UL Stored Voice Pager w/standard charger 20 415.00$ $ 8,300.00 395.00$ $ 7,900.00 430.00$ $ 8,600.00 448.80$ $ 8,976.00 390.00$ $ 7,800.00 374.75$ $ 7,495.00 418.35$ $ 8,367.00 $ 9,800.00 490.00 $ 412.00$ $ 8,240.00 Subtotal $ 8,300.00 $ 7,900.00 $ 8,600.00 $ 8,976.00 $ 7,800.00 $ 7,495.00 $ 8,367.00 $ 9,800.00 $ 8,240.00 Tax (7.875%) $ 653.63 $ 622.13 $ 677.25 $ 706.86 $ 614.25 $ 590.23 $ 658.90 771.75$ $ 648.90 Shipping $ 69.95 $ 30.00 $ 300.00 $ 30.00 ‐$ $ 17.50 ‐$ 50.00$ ‐$ TOTAL: $ 9,023.58 $ 9,577.25 8,552.13 $ 9,712.8 $ 6 $ 8,414.25 $ 8,102.73 $ 9,025.90 $ 10,621.75 $ 8,888.90 Power Works The Radio Guys
REQUEST FOR BID ‐ E39159 ‐ MOTOROLA PAGERS
BID OPENING: 1:30 P.M., 3/9/2022
49er Communication Banner Communications Columbia Communications Cross Connections Foothill Communications Leavitt Communications Motorola ATTACHMENT 2
Description Quantity Unit Ext'd Unit Ext'd Unit Ext'd
David Clark Headset ‐ H3432 30 354.30$ $ 10,629.00 375.00$ $ 11,250.00 332.50$ $ 9,975.00 Subtotal $ 10,629.00 $ 11,250.00 $ 9,975.00 Tax (7.875%) $ 837.03 $ 885.94 $ 785.53 Shipping $ 90.00 $ 27.50 ‐$
TOTAL: $ 11,556.03 $ 12,163.44 $ 10,760.53
The Radio Guys
REQUEST FOR BID ‐ E39160 ‐ HEADSETS
BID OPENING: 1:30 P.M., 3/9/2022
Cross Connections Leavitt Communications
ATTACHMENT 3
Power/volume
Channel/zone select
LCD top display
speaker
Programmable
buttons
programmable
alphanumeric
labels
www.bktechnologies.com | [email protected] | 7100 Technology Drive, West Melbourne, FL 32904 we
build
technology
for
heroes
BKR 5000
Portable radio
Attachment 4
BKR 5000 - Portable radio
Key Features
The BKR 5000 Portable Radio offers exceptional performance in a lightweight form. With our 70 years of reliability, BK Technologies is honored to serve our everyday heroes with a device that brings dependability when every moment counts.
• Single-Band Configuration
• 5000 MAH LI Smart Battery
• Single Unit Smart Charger
• P25 Conventional
• P25 Phase 1 & 2 Trunking
• Simulcast Operation
• DES & AES FIPS140-2 L2 Encryption
• Integrated GPS/Location Services
• Meets MIL SPEC 810 G & IP68 Specifications
• Advanced System Key
• Enhanced Noise Cancellation
• Loud, Crisp Audio
• USB PC Programmable
• Ruggedized Design with Large, Enhanced,
Gorilla Glass Color Display
• Radio Authentication (LLA)
www.bktechnologies.com | [email protected] | 7100 Technology Drive, West Melbourne, FL 32904 LCD top display
oversized knobs
for gloved hands
Attachment 5
Agenda Item No: 7.e.
MEETING DATE/TIME: 3/16/2022
ITEM NO: 2022-1446
AGENDA SUMMARY REPORT
SUBJECT: Consideration of Adoption of Resolution to Remove Approximately 816 Lineal Feet of On-Street Parking on Hamilton Street, from the Intersection of Hospital Drive to the Intersection of Clara Avenue.
DEPARTMENT: Public Works PREPARED BY: Tim Eriksen, Public Works Director/City Engineer PRESENTER: Tim Eriksen, Public Works Director/City Engineer ATTACHMENTS:
1. Resolution with Exhibit A
Summary: Council will consider adoption of a resolution to remove approximately 816 lineal feet of on-street parking on Hamilton Street, from the intersection of Hospital Drive to the intersection of Clara Avenue.
Background: Engineering staff was notified of concerns from emergency services regarding emergency access to the hospital. Engineering staff then analyzed the concern in order to develop a recommendation for the City Council.
Discussion: The hospital has two primary accesses: Hospital Drive to the north and Hamilton Street to the south, both of which are critical for emergency services. After considering all of the options, the City Engineer recommended removing 816 lineal feet of the on-street parking on Hamilton Street to ensure open and safe access for emergency vehicles. All major stakeholders including Adventist Health Ukiah Valley, Ukiah Police Department, Ukiah Valley Fire Authority and the Wagenseller Neighborhood Association support the City Engineer's recommendation. A single concern was expressed by one tenet at the corner of Clara/Hamilton about losing parking, but he understood the importance of the resolution. Note, the corresponding property owner was contacted and support was expressed.
The results of removing the on-street parking are depicted on the map (Exhibit A to the Resolution). Staff is recommending that Council adopt the Resolution (Attachment 1) removing 816 lineal feet of the on-street parking on Hamilton Street.
Recommended Action: Adopt resolution removing approximately 816 lineal feet of on-street parking on Hamilton Street.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Noble Waidelich, Police Chief, and Doug Hutchison, Fire Chief
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH REMOVING 816 LINEAL FEET
OF ON-STREET PARKING ON HAMILTON STREET
WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles is prohibited or restricted pursuant to Article 11, Chapter 1, Division 8 of the Ukiah City Code; and
WHEREAS, the City Police and the City Fire Chief have concerns regarding access to the Hospital from the north and south; and
WHEREAS, the City Engineer considered the request in February 2022, to establish the no parking zone within the City of Ukiah; and
WHEREAS, the City Engineer recommends this request regarding the no parking zone.
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah does establish a no parking zone on Hamilton Street at a location determined by the City Engineer, and as depicted in Exhibit A.
PASSED AND ADOPTED this 16th day of March, 2022 by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Jim O. Brown, Mayor
ATTEST:
______________________________
Kristine Lawler, City Clerk
ATTACHMENT 1
No Parking
CLARA AVENUE
SIDNIE STREET
HOS
PITAL
DRIVE
MYRON STREET
JOSEPH STREET
HAMILTON STREET
HAMILTON STREET - PROPOSED NO PARKING ´
0 125 250
Feet Document Path: C:\Users\astricklin\Desktop\Hamilton No Parking.mxd This map is a guide. Every reasonable
effort has been made to ensure the accuracy
of the map and data provided. Parcel lines
are not intended to represent surveyed data.
Date Saved: 2/25/2022 11:52:07 AM
Public Works
EXHIBIT A
Agenda Item No: 7.f.
MEETING DATE/TIME: 3/16/2022
ITEM NO: 2022-1453
AGENDA SUMMARY REPORT
SUBJECT: Award Purchase Order to Replace Three (3) HVAC Units at the Waste Water Treatment Plant to Intercounty Mechanical & Electrical, Inc. of Ukiah for the Amount of $41,926.38.
DEPARTMENT: Water Resources PREPARED BY: Mary Williamson, Buyer II PRESENTER: Sean White, Water Resources Director
ATTACHMENTS:
1. Intercounty Bid E38934
Summary: Council will consider awarding a Purchase Order in the amount of $41,926.38 to Intercounty Mechanical & Electrical, Inc to replace three (3) HVAC units at the Waste Water Treatment Plant.
Background: Three HVAC units located at the Waste Water Treatment Plant, are used to cool equipment in order to improve longevity and reliability. They consist of one on top of the DAFT, one on top of the Secondary Building, and one on top of the IPS Building. The Purchase Order will cover all three HVAC units, and they will all be three (3) ton units to match the current three (3) ton units. The Purchase Order includes all Labor and Materials and Incidentals to do the installation, as well as the disposal of old HVAC units. This project will be performed at the prevailing wage. The current units are 17 years old and can no longer be serviced due to changes in freon regulations. These units are in the approved Captial Improvement Program (CIP).
Discussion: Staff issued a Request for Bid to the two local companies that have provided quotes for these type of units in the past. Only Intercounty Mechanical & Electrical, Inc. provided a bid. This bid is attached as Attachment 1.
Recommended Action: Award Purchase Order to Intercounty Mechanical & Electrical, Inc. for the amount of $41,926.38
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: 84027225-56300: $45,905
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Alan Hodge, Wastewater Treatment Plant Supervisor
ATTACHMENT 1
Agenda Item No: 7.g.
MEETING DATE/TIME: 3/16/2022
ITEM NO: 2022-1454
AGENDA SUMMARY REPORT
SUBJECT: Possible Adoption of the Organic Waste Disposal Reduction Ordinance.
DEPARTMENT: City Attorney PREPARED BY: Darcy Vaughn, Assistant City Attorney PRESENTER: Tim Eriksen, Public Works Director/City Engineer and Darcy Vaughn, Assistant City Attorney
ATTACHMENTS:
1. Organic Waste Disposal Reduction Ordinance Introduced Summary: Council will consider adopting the Organic Waste Disposal Reduction Ordinance.
Background: Senate Bill 1383, entitled Short-Lived Climate Pollutants: Organic Waste Reductions, was passed in 2016. This bill looks to reduce California’s emissions of methane gas. Methane gas produced from organic waste breakdown in landfills is the third largest source of methane gas production in the state. SB 1383 requires a statewide reduction of the disposal of organic waste by 75% from 2014 levels by 2025, and requires an increase in edible food recovery by 20%, by 2025. SB 1383 requires all jurisdictions to implement a mandatory organic recycling ordinance and to provide all businesses, residents, and multi-family apartments with access to recycling programs that capture food scraps, landscaping waste, among other organic waste materials.
As a result of SB 1383, the California Department of Resources Recycling and Recovery ("CalRecycle"), which is the state department tasked with administering California's waste and recycling programs, developed prescriptive regulations to achieve the State's outlined organic waste disposal goals by 2025. Fortunately for the City, solid waste programs and policies already in place contribute to the community being well on the way toward compliance with SB 1383, especially with the introduction of mixed organic and food waste recycling collection in 2017. However, there are many other parts of SB 1383 that the City has been working to address, including the required updates to the Ukiah City Code.
On February 16, 2022, as part of their review of the Resolution of Notice of Intent to Comply with the Regulatory Requirements of SB 1383, the City Council also directed Staff to draft an ordinance amending the Ukiah City code to implement the requirements of SB 1383. The proposed Organic Waste Disposal Reduction Ordinance (included here as Attachment 1) utilizes language directly from a model ordinance drafted by CalRecyle to assist local agencies in complying with SB 1383.
At their March 2, 2022 meeting, the Council voted unanimously to introduce the Ordinance by title only.
Discussion: SB 1383 requires the City to adopt an enforceable ordinance to compel city residents and business owners to recycle their organic waste,in addition to other regulatory requirements set forth below.
The City is responsible for the funding, providing administrative services, and implementation of those goals.
The City could face fines of $10,000.00 per day for failing to comply with SB 1383 and must have corrective actions in place to ensure compliance during the calendar year of 2022 to avoid these fines. Adoption of the Ordinance is the first step towards compliance.
Compliance requirements will include providing mandatory mixed organic waste collection services for all residents and businesses, establishing an edible food recovery program, monitoring and reporting compliance
efforts to CalRecycle, providing education and outreach procurement, and enforcement of the Ordinance.
From January 1, 2022 to December 31, 2023, the City will be allowed to take non-punitive, education-based enforcement actions against non-compliant entities. Starting January 1, 2024, the City must take punitive enforcement actions against non-complying entities.
The current version of the Ordinance reflects a wide array of City staff and Council input. The Ordinance is now ready for consideration for adoption and will go into effect 30 days after adoption.
SB 1383 REQUIREMENTS IN DETAIL
As a result of SB 1383 and the regulations established by CalRecycle, the City will have to implement the following practices to be considered compliant:
• Provide organic waste recycling services for all City businesses and residences, including multi-family residences;
• Inspect and enforce compliance with SB 1383 by adopting an Organic Waste Disposal Reduction Ordinance (“Ordinance”);
• Implement an edible food recovery program that recovers edible food from the waste stream; • Conduct outreach and education to all affected parties, including generators, haulers, facilities, and edible food recovery organizations;
• Procure recycled organic waste products like compost, mulch, and renewable natural gas; and, • Maintain accurate and timely records of SB 1383 compliance for annual reporting requirements.
SB 1383 allows cities to take an educational and non-punitive approach to enforcement of the Ordinance for the first two years of the ordinance being in effect (2022 and 2023). Taking an educational approach will allow the City and Ukiah Waste Solutions to work with Ukiah residents and businesses to inform them of the requirements.
Because the City has been very proactive in this arena, the City of Ukiah already has an organic waste recycling program in place, adopting the Ordinance will result in little to no changes for most businesses and residents.
Non-Compliance with Requirements
While the City is responsible for gaining compliance from residents and businesses, SB 1383 regulations provide CalRecycle with the ability to engage in enforcement actions of its own against the City if the designated level of compliance is not met. These actions may include:
• Conducting more frequent inspections;
• Taking over direct enforcement on non-compliant businesses within the city; • Establishing a schedule for City compliance and a probationary period, requiring a work plan and that the jurisdiction demonstrates it has sufficient staffing to implement the requirements of the law; and/or • Seeking administrative penalties against the City of up to $10,000 per day.
While SB 1383 is another unfunded state mandate from Sacramento, the City is in a strong position to meet the requirements set forth. With the adoption of the Ordinance, the City will be one step closer to becoming SB 1383 compliant.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
City Staff has evaluated the proposed Ordinance to determine whether it will have a significant effect on the environment. Staff has determined that the proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines §§ 15061(b)(3) and 15308 on the grounds that it can be seen with certainty that the enhanced solid waste regulations, as provided for in the Ordinance will not have a significant effect on the environment and that the new requirements, which strengthen requirements for
the handling of solid waste, represent actions by a regulatory agency (the City) for the protection of the environment.
Recommended Action: Adopt the Organic Waste Disposal Reduction Ordinance.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Tim Eriksen, Director of Public Works
ORDINANCE NO. XX
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING CHAPTER 4.1 TO DIVISION 5 OF THE UKIAH CITY CODE TO REGULATE AND ENFORCE REDUCTION OF
ORGANIC WASTE DISPOSAL
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE. FINDINGS
1. State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment..
2. State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and MultiFamily property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires the City to implement a Mandatory Commercial Recycling program..
3. State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires local agencies to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires local agencies to implement a Mandatory Commercial Organics Recycling program..
4. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including local agencies, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets..
5. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires local agencies to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This Ordinance will also help reduce food insecurity by requiring
Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption..
SECTION TWO.
Chapter 4.1 is hereby added to Division 5 of the Ukiah City Code and shall read as follows:
Chapter 4.1 ORGANIC WASTE DISPOSAL REDUCTION
Article 1 Definitions
§4450.0 Definitions
For the purposes of this Chapter and as used herein, certain abbreviations, terms, phrases, words and their derivations shall be construed and shall have the meaning and be defined as hereinafter provided in this Article.
(a) “Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste.
(b) “CalRecycle” means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on local agencies (and others).
(c) “California Code of Regulations” or “CCR” means the State of California Code of Regulations.
CCR references in this Chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
(d) “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this Chapter.
(e) “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Subsections 4450.0(lll) and 4450.0(mmm) of this Chapter or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
(f) “Compliance Review” means a review of records by the City to determine compliance with this Chapter.
(g) “Community Composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
(h) “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this Chapter, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility. (i) “Compostable Plastics” or “Compostable Plastic” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
(j) “Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
(k) “C&D” means construction and demolition debris.
(m) “Designee” means an entity that the City contracts with or otherwise arranges to carry out any of the City’s responsibilities of this Chapter as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities. (n) “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. (o) “Enforcement Action" means an action of the City to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. (p) “Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or Chapter, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the City’s, or its Designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. (q) “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22). (r) “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code. (s) “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
(t) “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
(u) “Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). (v) “Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps. (w) “Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
(x) “Food-Soiled Paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
(y) “Food Waste” means Food Scraps and Food-Soiled Paper.. (z) “Gray Container” has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste. (aa) “Gray Container Waste” means Solid Waste that is collected in a Gray Container that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).
(bb) “Green Container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.
(cc) “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30). (dd) “Hauler Route” means the designated itinerary or sequence of stops for each segment of the City’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5). (ee) “Inspection” means a site visit where the City reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this Chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
(ff) “City Enforcement Official” means the city manager, county administrative official, chief operating officer, executive director, or other executive in charge or their authorized Designee(s) who is/are partially or whole responsible for enforcing this Chapter. See also “Regional or County Agency Enforcement Official”.
(gg) “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Chapter. (hh) “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility.
For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this Chapter. (ii) “Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
(jj) “Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses. (kk) “Non-Compostable Paper” includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
(ll) “Non-Local Entity” means the following entities that are not subject to the Jurisdiction’s
enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
(1) Special district(s) located within the boundaries of the Jurisdiction. (2) County fairgrounds located within the boundaries of the City (3) State agencies located within the boundaries of the Jurisdiction. (mm) “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
(nn) “Notice of Violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. oo) “Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). (pp) “Organic Waste Generator” means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48). (qq) “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
(rr) “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
(ss) “Prohibited Container Contaminants” means the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the Jurisdiction’s Blue Container; (ii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the Jurisdiction’s Green Container; (iii) discarded materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in Jurisdiction’s Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any container. (tt) “Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
(uu) “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
(vv) “Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
(ww) “Regional Agency” means regional agency as defined in Public Resources Code Section 40181. (xx) “Regional Agency or County Enforcement Official” means a regional or county agency enforcement official, designated by the City with responsibility for enforcing this Chapter in conjunction or consultation with the City Enforcement Official. The City may opt not to designate a Regional Agency or County Enforcement Official.
(yy) “Renewable Gas” means gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
(zz) “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64). (aaa) “Route Review” means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65). (bbb) “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. (ccc) “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this Chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
(ddd) “Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units.
(eee) “Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141. (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8
(commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code). (3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code. (fff) “Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, Source Separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing.
(ggg) “Source Separated Blue Container Organic Waste” means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and NonOrganic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).
(hhh) “Source Separated Green Container Organic Waste” means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles.
(iii) “Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste.
(jjj) “State” means the State of California.
(kkk) “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71). (lll) “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet. (3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Chapter.
(mmm) “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds. (4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
(7) A Local Education Agency facility with an on-site Food Facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Chapter. (nnn) “Uncontainerized Green Waste and Yard Waste Collection Service” or “Uncontainerized Service” means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator’s house or place of business for collection and transport to a facility that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR Section 189852(a)(75).
(ooo) “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
Article 2 Requirements for Compliance
§4450.1 Requirements for Single-Family Organic Waste Generators Single-Family Organic Waste Generators shall comply with the following requirements:
(a) Shall subscribe to the City’s Organic Waste collection services for all Organic Waste generated as described below in Section 4(b). The City shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Single-Family generators shall adjust its service level for its collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). (b) Shall participate in the City’s Organic Waste collection service(s) by placing designated materials in designated containers as described in Subsection c of this Section, and shall not place Prohibited Container Contaminants in collection containers. (c) Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.
§4450.2 Requirements for Commercial Businesses
Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:
(a) Subscribe to the City’s collection services and comply with requirements of those services as described below in Subsection (b).
(b) Participate in the City’s Organic Waste collection service(s) by placing designated materials in designated containers as described in Subsection (c) of this Section. (c) Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generator shall not place materials designated for the Gray Container into the Green Container or Blue Container.
(d) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Subsections (e)(1) and 6(e)(2) below) for employees, contractors, tenants, and customers, consistent with the City’s Blue Container, Green Container, and Gray Container collection service.
(e) Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided by the City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. (2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
(f) Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirement in Subsection (d) above pursuant to 14 CCR Section 18984.9(b). (g) To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the City’s Blue Container, Green Container, and Gray Container
collection service.
(h) Excluding Multi-Family Residential Dwellings, periodically inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
i) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials.
(j) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property. (k) Provide or arrange access for the City or its agent to their properties during all Inspections conducted in accordance with Section 4450.6 of this Chapter to confirm compliance with the requirements of this Chapter.
(l) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(m) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 4450.4. §4450.3 Requirements for Commercial Edible Food Generators (a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3. (b) Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024. (c) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
(2) Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
(3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
(4) Allow the City’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4. (5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(A) A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or self-hauled. (iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(d) Nothing in this Chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
§4450.4 Requirements for Food Recovery Organizations and Services (a) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.
(2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery. (b) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
(3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. §4450.5 Requirements for Haulers and Facility Operators (a) Requirements for Haulers. The exclusive franchise providing residential, Commercial, or industrial Organic Waste collection services to generators within the City’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect Organic Waste:
(1) Through written notice to the City annually on or before January 1, 2023, identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials and Source Separated Green Container Organic Waste. (2) Transport Source Separated Recyclable Materials and Source Separated Green Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. (3) Obtain approval from the City to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting construction and demolition materials (“C&D”) in a manner that complies with 14 CCR Section 18989.1, and applicable provisions of this Chapter and of the Ukiah City Code. (b) Requirements for Facility Operators and Community Composting Operations (1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the City’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days.
(2) Community Composting operators, upon the City’s request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days.
Article 3 Investigatory and Enforcement Authority of the City §4450.6 Inspections and Investigations by the City
(a) City representatives and/or its designated entity, including Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this Chapter by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow the City to enter the interior of a private residential property for Inspection.
(b) Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City’s employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this Chapter described herein. Failure to provide or arrange for: (i) access to an entity’s premises; or (ii) access to records for any Inspection or investigation is a violation of this Chapter and may result in penalties described.
(c) Any records obtained by the City during its Inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
(d) City representatives, its designated entity, and/or Designee are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.
(e) The City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. §4450.7 Enforcement
(a) Violation of any provision of this Chapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by the City Enforcement Official or representative. Enforcement Actions under this Chapter are issuance of an administrative citation and assessment of a fine. The City’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Chapter and any rule or regulation adopted pursuant to this Chapter, except as otherwise indicated in this Chapter. (b) Other remedies allowed by law may be used, including civil action or prosecution as
misdemeanor or infraction. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.
(c) Responsible Entity for Enforcement
(1) Enforcement pursuant to this Chapter may be undertaken by the City Enforcement Official, which may be the City Manager or their designee, legal counsel, or combination thereof. (2) Enforcement may also be undertaken by a Regional or County Agency Enforcement Official, designated by the City, in consultation with City Enforcement Official. (A) City Enforcement Official(s) and Regional or County Agency Enforcement Official, if designated, will interpret this Chapter; determine if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met. (B) City Enforcement Official(s) and Regional or County Agency Enforcement Official, if designated, may issue Notices of Violation(s). (d) Process for Enforcement
(1) City Enforcement Officials or Regional or County Enforcement Officials and/or their Designee will monitor compliance with the Chapter randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program. Section 4450.6 establishes City’s right to conduct Inspections and investigations.
(2) The City may issue an official notification to notify regulated entities of its obligations under the Chapter.
(3) The City shall issue a Notice of Violation requiring compliance within sixty (60) days of issuance of the notice.
(4) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the City shall commence an action to impose penalties, via an administrative citation and fine, pursuant to this Section. Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information
(e) Penalty Amounts for Types of Violations. The administrative penalty levels are as follows:
(1) For a first violation, the amount of the base penalty shall be $50 to $100 per violation. (2) For a second violation, the amount of the base penalty shall be $100 to $200 per violation.
(3) For a third or subsequent violation, the amount of the base penalty shall be $250 to $500 per violation.
(f) Factors Considered in Determining Penalty Amount. The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:
(1) The nature, circumstances, and severity of the violation(s). (2) The violator’s ability to pay.
(3) The willfulness of the violator's misconduct.
(4) Whether the violator took measures to avoid or mitigate violations of this Chapter. (5) Evidence of any economic benefit resulting from the violation(s). (6) The deterrent effect of the penalty on the violator. (7) Whether the violation(s) were due to conditions outside the control of the violator. (g) Compliance Deadline Extension Considerations.
The City may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with this Section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals; or, (3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(h) Appeals Process.
Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation.
(1) The violator may file an appeal of the issuance of the Citation with the City Enforcement Official. Such appeal shall be in writing and shall identify the property subject to the citation. The City Enforcement Official shall then cause the matter to be set for hearing before a Hearing Officer appointed by the City to hear such matters. The Hearing Officer shall be qualified by training, education and/or experience to conduct the hearing and shall be impartial. Except in his or her capacity as a Hearing Officer, he or she shall have no personal or business relationship to the property owner or the City.
(2) Notice of the date of hearing shall be given in writing. The date of the hearing shall be no sooner than fifteen (15) days from the date when notice of the hearing is given to the appellant and to the City Enforcement Official.
(3) At the time fixed in the notice, the Hearing Officer shall receive evidence, including the
testimony of all competent persons desiring to testify respecting the condition leading to issuance of the citation.
(4) Upon conclusion of the hearing, the Hearing Officer(s) shall determine whether to sustain or overrule the issuance of the citation and shall issue a written order. (5) The decision of the Hearing Officer on the determination of nuisance is final. Any appeal of the Hearing Officer’s decision shall be governed by California Code of Civil Procedure section 1094.6 as such section may be amended from time to time. (i) Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, City will conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if City determines that Organic Waste Generator, SelfHauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this Chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024. (j) Civil Penalties for Non-Compliance
Beginning January 1, 2024, if the City determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this Chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this Section, as needed.
SECTION THREE.
1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its adoption.
2. Effective Date: The ordinance shall become effective thirty (30) days after its adoption.
Introduced by title only on March 2, 2022, by the following roll call vote:
AYES: Councilmembers Orozco, Crane, Rodin, Dueñas, and Mayor Brown NOES: None
ABSENT: None
ABSTAIN: None
Adopted on , 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jim O. Brown, Mayor
ATTEST:
Kristine Lawler, CMC/City Clerk
Agenda Item No: 7.h.
MEETING DATE/TIME: 3/16/2022
ITEM NO: 2022-1475
AGENDA SUMMARY REPORT
SUBJECT: Award the Purchase of One (1) New Altec Model AT40G Articulating Telescopic Aerial Device with an Insulated Boom to Altec Industries, Inc., for the Electric Utility Department in the Amount of $220,703.95, and Approve Corresponding Budget Amendment.
DEPARTMENT: Electric Utility PREPARED BY: Mary Williamson, Buyer II PRESENTER: Cindy Sauers, Electric Utility Director
ATTACHMENTS:
1. Altec Bucket Truck Quote
2. Vehicle Justification Form Trouble Truck
Summary: Council will consider approving a purchase for one (1) Model AT40G Articulating Telescopic Aerial Device with an insulated boom to Altec Industries, Inc. for the Electric Utility Department in the amount of $220,703.95.
Background: Included in the 2022 5-Year Capital Improvement Plan (CIP), Council approved the replacement of a 2013 Dodge Ram single bucket truck in FY 23/24. The new truck will be used as a troubleman truck, 24/7, for all call outs, emergencies and outages.
When seeking a budgetary quote to update the 22/23 CIP, Staff discovered that supply chain delays have increased the lead time significantly on vehicles and delivery, if purchased in FY21/22, would not occur until 2025. Additionally, in 2018, the Electric Department transferred the operation of a 1995 single bucket truck to the Community Services Department. This truck is no longer operational. Upon receipt of the new Altec truck, the 2013 Dodge can be transferred to the Community Services Department, providing them with a newer truck for their operations.
Discussion: Staff requested a quote from Altec Industries, Inc. for a new Model AT40G. Altec provided quote #1112951 using the Sourcewell Contract Pricing (Attachment 1).
Due to significant uncertainty in material costs, particularly with a long lead time, Altec has noted the following "Altec will make every effort to honor this quotation. However, if major and irregular cost inflation occurs, price may be reviewed and confirmed closer to the production date." Staff recommends awarding the purchase of one (1) Model AT40G Articulating Telescopic Aerial Device with an insulated boom to Altec Industries, Inc. for the Electric Utility Department in the amount of $220,703.95, with the understanding that the price may increase closer to the production date. Staff will return to Council with any changes to the purchase price. A Vehicle Justification Worksheet is attached (Attachment 2).
Recommended Action: Award purchase of a new Altec Model #AT40G Articulating Telescopic Aerial Device with an insulated boom from Altec Industries, Inc. in the amount of $220,703.95, and approve corresponding budget amendment.
BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 80126100.80100.V2224: $0
PROPOSED BUDGET AMOUNT: 80126100.80100.V2224: $250,000
FINANCING SOURCE: 800 Fund
PREVIOUS CONTRACT/PURCHASE ORDER NO.:
COORDINATED WITH: Cindy Sauers, Electric Utility Director; Mary Horger, Financial Services Manager
ESTIMATED COST: 235,000
FLEET MAINTENANCE SUPERVISOR
DEPARTMENT HEAD
ADDITIONAL COMMENTS:
ASSET USEFUL LIFE: 5-7 years
3C7WRMALODG534393
VIN/SERIAL #
NEW REQUEST OR REPLACEMENT OF EXISTING?: YES
400 hrs Yes
FOR FISCAL YEAR: 2020/2021
2013 Dodge Ram5500
EXISTING VEHICLE OR EQUIPMENT REQUESTING TO BE REPLACED
ORG & OBJECT ACCOUNT CODE
Vehicle & Heavy Equipment Request & Justification
DIVISION(S)
PROJECT
CODE
ITEM: Trouble Truck
SUBMITTED BY: Tim Santo
REVIEWED & APPROVED BY:
Electric
DEPARTMENT(S)
PROPOSED VEHICLE OR HEAVY EQUIPMENT
39,370 / 3948 drive 736 idle PTO 1133
Yes
CURRENT CONDITION: Fair Current Mileage/Hours - 39,370 miles / 3948 drive hours, 736 idle hours, - 1133 - PTO hours $25,000 to $30,000
ESTIMATED OUT-OF-SERVICE TIME PARTS AVAILABLE
ADDITIONAL NEEDED REPAIRS ESTIMATE (IF APPLICABLE) MEET CARB STANDARDS? None
8,000 hrs
MODEL
CURRENT MILEAGE/HOURS
Construction 80126100.80100 $235,000.00
JUSTIFICATION/USE/NEED: Current aerial lift truck is run 24/7 for Electric on-call PROPOSED EQUIPMENT SPECIFICATIONS (ATTACH ADDITIONAL DOCUMENTATION IF NECESSARY): 2025 Ford F-550 Altec AT40G bucket truck ( see specs)
MAINTENANCE COSTS TO DATE
PROPOSED BUDGETED AMOUNT FOR
EACH DEPT/DIV
ESTIMATED LIFE IN ESTIMATED SALVAGE/RESALE VALUE
MILEAGE/HOURS
CITY EQUIPMENT # YEAR
ORIGINAL PURCHASE PRICE
2223
SIGNATURE DATE
EST. MILEAGE/HOURS PER YEAR
$54,000.00
ALTERNATE SOLUTIONS EXPLORED:
OTHER INDIRECT BENEFITS: This unit will stay in the fleet and be shared by multiple departments.
COST/BENEFIT ANALYSIS: Due to the lead time of for this type vehicle of 2.5 years it will benefit the department to secure a build date now.
Attachment 2
Agenda Item No: 7.i.
MEETING DATE/TIME: 3/16/2022
ITEM NO: 2022-1481
AGENDA SUMMARY REPORT
SUBJECT: Approve the Purchase of SCADA Equipment and Services to JM Integration in the Amount of $240,579.24, and SCADA Software Subscription to E&M Electric in the Amount of $98,447.72.
DEPARTMENT: Water Resources PREPARED BY: Sean White, Water Resources Director PRESENTER: Sean White, Water Resources Director
ATTACHMENTS:
1. WWTP SCADA Upgrade
2. Ukiah CF to Flex_Aveva Select California Customer Quotation
3. Flex Ukiah Spreadsheet Comparison
Summary: Council will consider the approval of purchasing SCADA equipment and software subscription in the amount of $339,026.96.
Background: The SCADA system hardware at the Wastewater Treatment Plant (WWTP) has become dated and can no longer reliably run the newest version of SCADA software. In addition, as operations at the WWTP have become more complex, the way we purchase SCADA software is not the most cost-effective approach.
Discussion: Water Resources has been planning on replacing a number of the key components to the SCADA system and has budgeted $650,000 in the approved CIP for hardware upgrades. The proposed project (Attachment 1) will accomplish all of the tasks originally anticipated to cost $650,000 for $240,579.24.
The City is currently purchasing software under a cost per license program. By switching to a subscription program (Attachment 2) , the City can avoid the need to purchase additional licenses while also gaining other benefits, such as remote access to the City's system. This will provide a significant improvement in the information available to On-call Staff. Instead of simple alarms, Staff will be able to log in remotely and assess the nature and severity of the alarm.
Switching to a subscription will not only provide better service, but will result in a cost-savings of $16,955.19 (Attachment 3) over the next three years. While Staff is seeking authorization for a 3-year subscription, the fees will be paid each year, similar to the current license-based system.
On February 3, 2021, Council awarded a contract to JM Integration, as a result of a Request for Proposal process, the upgrade and service of the Water Treatment Plant SCADA system. Their services have very much pleased staff, and awarding this contract to JM Integration for the Wastewater Treatment Plant will provide a consistent and highly proficient level of work for the Water Resources Department as a whole. As to E&M Electric, they are this area's distributor of Wonderware software.
Recommended Action: Approve the Purchase of SCADA Equipment and Services to JM Integration in the Amount of $240,579.24, and SCADA Software Subscription to E&M Electric in the Amount of $98,447.72.
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 84027225.80100.18246: $350,000; 84027225.80100.18137: $300,000 PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Alan Hodge, Wastewater Treatment Plant Supervisor
250 Brookdale Drive, Vacaville CA 95687 • Office (888) 536-8623 • Fax (707) 890-3595
REQUEST FOR QUOTE
Revision 28FEB2021
License #1040899
Customer: Date:
Project: Quote Number:
BILL TO
Contact Name:
Phone: Email:
Location:
JM Integration LLC is pleased to submit this proposal for services to support you in achieving your goals for improving customer satisfaction by providing the following scope of work listed below.
SCOPE OF WORK
The following table details the pricing for delivery of the services outlined in this proposal. This pricing is valid for 30 days from the date of this proposal:
PRICING DESCRIPTION
Labor
Travel
Materials
Tools & Equipment
Total
The prices listed in the preceding table are an estimate for the services discussed. This summary is not a guarantee of final price. Estimates are subject to change if project specifications are changed or costs for outsourced services change before a contract is executed. We look forward to working with you and supporting your efforts to improve and maintain your system. If you have questions on this proposal, please contact me at your convenience.
Thank you for your time and consideration,
Jack Miller | Owner | JM Integration LLC
Attachment 1
250 Brookdale Drive, Vacaville CA 95687 • Office (888) 536-8623 • Fax (707) 890-3595
REQUEST FOR QUOTE
Revision 28FEB2021
License #1040899
TERMS AND CONDITIONS
Base Terms: Quotation is valid for 30 days from above date. Our terms are due and payable 30 days from date of invoice. Payments must be made on a minimum of a monthly basis. If payment is not received by the 30th day, a 1.5% monthly service charge (18% annually) will be charged on all accounts past due. Attorney's fees, court costs and costs of collection will be paid to prevailing party. Permits and bonding are excluded unless otherwise noted herein. Our standard insurance applies unless agreed to in writing by JM Integration LLC. We accept no responsibility for consequential damages and our standard warranty applies. Please reference the above stated quote in all correspondence and purchase orders.
Unless otherwise noted, this quote is based on standard straight time hours and does not include any prevailing wage rates unless agreed in writing by JM Integration LLC. The price quoted herein is for the labor and materials specifically listed within the body of this quote. Service calls carry a 4- hour minimum per person. Cancellation charges apply including engineering, labor, materials, quote and estimating time, markup, % of profit, return goods fees, etc. at the time of written cancellation notice to JM Integration LLC.
Force Majeure: JM Integration LLC shall neither be liable for loss, damage, detention or delay nor be deemed to be in default for failure to perform when prevented from doing so by causes beyond its reasonable control including but not limited to acts of war (declared or undeclared), Acts of God, fire, strike, labor difficulties, acts or omissions of any governmental authority or of Purchaser, compliance with government regulations, insurrection or riot, embargo, delays or shortages in transportation or inability to obtain necessary labor, materials, or manufacturing facilities from usual sources or from defects or delays in the performance of its suppliers or subcontractors due to any of the foregoing enumerated causes. In the event of delay due to any such cause, the date of delivery will be extended by period equal to the delay plus a reasonable time to resume production, and the price will be adjusted to compensate JM Integration LLC for such delay.
Cancellation: Any order may be cancelled by Purchaser only upon prior written notice and payment of termination charges, including but not limited to, all costs identified to the order incurred prior to the effective date of notice of termination and all expenses incurred by JM Integration LLC attributable to the termination, plus a fixed sum of ten (10) percent of the final total price to compensate for disruption in scheduling, planned production and other indirect costs.
Entire Agreement: This Agreement constitutes the entire agreement between JM Integration LLC and Purchaser. There are no agreements, understandings, restrictions, warranties, or representations between JM Integration LLC and Purchaser other than those set forth herein or herein provided
Bonding: Cost of Bonding is not included. Contact JM Integration LLC for a quote if bonding is required.
SIGNATURE PRINT NAME DATE
SIGNATURE PRINT NAME DATE
01/24/2022
AVEVA Flex Sub Opt Hist & Int Unlimited-Ukiah WWTP
Attn: Alan Hodge
UKIAH1
Direct Opp
126 Mill Street
Healdsburg, CA 95448
(866) WONDER N
(866) 966-3376
QUOTE 276905.3
In Process
Bill To:
PURCHASING/ACCOUNTS PAYABLE
300 SEMINARY AVE.
UKIAH, CA 95482-5400
Ship To:
CITY OF UKIAH
direct (707) 467-2818
fax (000) 000-0000
direct
fax
main
(707) 473-3176
(707) 473-3190
(866) 966-3376
From: Ty Brown
[email protected]
CITY OF UKIAH
CITY OF UKIAH
300 SEMINARY AVE.
UKIAH, CA 95482-5400
Thank you for the opportunity to offer you this quote. Here is the information you requested. **NEW SITE ID: TBD**
*Please Note: The quotation provided is subject to site verification. Please provide the End user company name and address to which these licenses will be registered to receive an up to date quotation. Site info is required prior to purchase order submittal.
AVEVA Flex Credits:
Consumable credits that can be redeemed for a variety of subscription tiers:
- Available in 1 or 3 year terms
- Access across AVEVA's comprehensive software portfolio - Interchange software tiers, options and licenses as needs evolve - Customer FIRST technical support included in every subscription tier Included with Wonderware by AVEVA Premium Customer First Program are the following services:
• Emergency 24/7/365 Technical Telephone Support
• Wonderware by AVEVA Direct Technical Support: Access to technical resources at both the local distributor and directly from AVEVA
• No Charge for Version Upgrades (*Please note that no charge version upgrades are only available while the CF contract is valid)
• Access to the Wonderware by AVEVA Global Customer Support Website Access: Search for answers to your questions and log and track cases
• Customer Support Shipments Including New Releases of Software, maintenance releases, Service Packs, and Patches, updates and hotfixes
• Online Training Webinars: Access to library of eLearning webinars • Support Usage and Summary Reports: Automatically receive a monthly summary of all of your support activity • Software Asset Manager
***Please note:
This quotation contains license(s) that are sold on a subscription basis. Subscription products require a purchase order to cover the full amount of the (*) year term of the subscription. Subscriptions will be invoiced on an annual basis and will be billed against the original purchase order.
Customer first support contracts START from the date of license issue and are due for renewal one (1) year after date of contract inception. Support is calculated based on the list price of all licenses at the site. ____________________________________________
california.wonderware.com
This quotation may contain engineering services that are subject to additional terms and conditions. FOB: Healdsburg, CA
Pages:
Terms:
Freight:
Duration:
PO Number:
This quote is valid for 30 days.
Net 30 Days
Prepaid and Add
1 of 4 Remit to: E&M, Inc. 126 Mill Street, Healdsburg, CA 95448 Attachment 2
01/24/2022
AVEVA Flex Sub Opt Hist & Int Unlimited-Ukiah WWTP
Attn: Alan Hodge
UKIAH1
Direct Opp
126 Mill Street
Healdsburg, CA 95448
(866) WONDER N
(866) 966-3376
QUOTE 276905.3
In Process
Bill To:
PURCHASING/ACCOUNTS PAYABLE
300 SEMINARY AVE.
UKIAH, CA 95482-5400
Ship To:
CITY OF UKIAH
direct (707) 467-2818
fax (000) 000-0000
direct
fax
main
(707) 473-3176
(707) 473-3190
(866) 966-3376
From: Ty Brown
[email protected]
CITY OF UKIAH
CITY OF UKIAH
300 SEMINARY AVE.
UKIAH, CA 95482-5400
Interested in additional training? Please visit our websites and view our events schedule at www.eandm.com.
Access the status of your order on our Online Order Status system!! Just click on the link contained in your order confirmation to begin the login process. Once signed up you can access via www.eandm.com. california.wonderware.com
This quotation may contain engineering services that are subject to additional terms and conditions. FOB: Healdsburg, CA
Pages:
Terms:
Freight:
Duration:
PO Number:
This quote is valid for 30 days.
Net 30 Days
Prepaid and Add
2 of 4 Remit to: E&M, Inc. 126 Mill Street, Healdsburg, CA 95448 Page 179 of 575 01/24/2022
AVEVA Flex Sub Opt Hist & Int Unlimited-Ukiah WWTP
Attn: Alan Hodge
UKIAH1
Direct Opp
126 Mill Street
Healdsburg, CA 95448
(866) WONDER N
(866) 966-3376
QUOTE 276905.3
In Process
Bill To:
PURCHASING/ACCOUNTS PAYABLE
300 SEMINARY AVE.
UKIAH, CA 95482-5400
Ship To:
CITY OF UKIAH
direct (707) 467-2818
fax (000) 000-0000
direct
fax
main
(707) 473-3176
(707) 473-3190
(866) 966-3376
From: Ty Brown
[email protected]
CITY OF UKIAH
CITY OF UKIAH
300 SEMINARY AVE.
UKIAH, CA 95482-5400
Please note:
* Any order resulting from this quote automatically incorporates the below special terms and conditions, listed here, for Flex Subscription purchases:
- Flex credits are an annual allotment of credits, built on a monthly credit consumption model, that can be redeemed for a variety of interchangeable subscription tiers.
- The quoted number of credits is expected to cover the following selections, but if different or additional subscription selections are made, the purchase of additional credits may be necessary:
AVEVA InTouch HMI Unlimited - Qty 1 - 1500 Total Credits - Includes InTouch Tag Server with maximum supported tags (currently 60K), InTouch WindowMaker, - Includes redundant configuration, Supports 1 InTouch Application, Includes OPC UA Server - Unlimited RDS/web, historian desktop clients suggested max 40 concurrent RDS clients, - Includes Standard Communication Driver with redundancy, - Includes 100K Tag Historian with redundancy and AVEVA Reports Server AVEVA InSight Standard User - Qty 11 - 660 Total Credits - Web & Mobile Applications,
- Process Charts for Analytics and Trending with custom dashboards, - Alarm analysis with personalized alerts,
- Equipment Utilization KPIs
- Requires Insight subscription
- Credit: The virtual Credits purchased by Customer which may be redeemed to create a license file allowing access and use of a variety of interchangeable Products. Credits will be allotted to respective twelve calendar month periods (each a 'Year'). Once activated, licenses begin consuming Credits on a monthly basis as prorated against the annual Credit consumption schedule listed for that product. - Length of Term: End User will be able to choose from: one (1) or three (3) year terms. - Cancellation: End User in a multi-Year subscription may request to cancel its subscription effective at the end of any Year, provided that the End User gives written notice at least 90 days prior to the start of the next Year of the subscription. Any cancellation before the end of a term will result in cancellation fee of 25% of the remaining amount owned on the agreed subscription term and will be due immediately upon notice of cancellation. - No Rollover: To the extent permitted by applicable law, at the end of each Year, any Credits not consumed will be lost and cannot be carried over into the next Year of the subscription.
- Support: 'Right-to-use' and 'right-to-access' licenses under the AVEVA Flex Credit program include Support (provided by the parties as described in the Agreement) without an additional fee. End Users will not have an option to obtain licenses without also obtaining support. In the event that the End User wants higher levels of support, then they may select either the Premium or the Elite support, for a corresponding upcharge in their subscription over their chosen tiered price, as provided in the Online Configurator.
AVEVA Flex-InTouch Unlimited + 11 Insight Users
Quantity Part Number/Description Availability* Tax Price Extension 1 1 Estimated 1-2 Weeks N $29,925.00 $29,925.00
Aveva Flex Subscription - 2160 Credits;
Premium Support - 3 Year Term - Year 1
Line:1
FLEXCR-01-P3-Y1
1 1 Estimated 1-2 Weeks N $30,820.00 $30,820.00
Aveva Flex Subscription - 2160 Credits;
Premium Support - 3 Year Term - Year 2
Line:2
FLEXCR-01-P3-Y2
california.wonderware.com
This quotation may contain engineering services that are subject to additional terms and conditions. FOB: Healdsburg, CA
Pages:
Terms:
Freight:
Duration:
PO Number:
This quote is valid for 30 days.
Net 30 Days
Prepaid and Add
3 of 4 Remit to: E&M, Inc. 126 Mill Street, Healdsburg, CA 95448 Page 180 of 575 01/24/2022
AVEVA Flex Sub Opt Hist & Int Unlimited-Ukiah WWTP
Attn: Alan Hodge
UKIAH1
Direct Opp
126 Mill Street
Healdsburg, CA 95448
(866) WONDER N
(866) 966-3376
QUOTE 276905.3
In Process
Bill To:
PURCHASING/ACCOUNTS PAYABLE
300 SEMINARY AVE.
UKIAH, CA 95482-5400
Ship To:
CITY OF UKIAH
direct (707) 467-2818
fax (000) 000-0000
direct
fax
main
(707) 473-3176
(707) 473-3190
(866) 966-3376
From: Ty Brown
[email protected]
CITY OF UKIAH
CITY OF UKIAH
300 SEMINARY AVE.
UKIAH, CA 95482-5400
Quantity Part Number/Description Availability* Tax Price Extension 1 1 Estimated 1-2 Weeks N $31,745.00 $31,745.00
Aveva Flex Subscription - 2160 Credits;
Premium Support - 3 Year Term - Year 3
Line:3
FLEXCR-01-P3-Y3
Sub-Total $92,490.00
Included in SSA:
SSA (Software Support Agreement) is an annual service that provides the user with free product upgrades and extended support options. During a period of active SSA, users will receive all product upgrades, fixes and extended phone and email support at no additional cost. *Please note: A TopView License Registration Form (attached) must be completed and returned to WWCA at time of order processing.
Redundant TopView w/Modem
Quantity Part Number/Description Availability* Tax Price Extension 1 1 Estimated 1-2 Weeks N $5,495.00 $5,495.00
TopView for Wonderware Restricted Unlimited
tag license with Failover; includes 1 year of
support
Line:4
TV-WW-RESTR-UNL-B
1 1 Estimated 1-2 Weeks Y $425.00 $425.00
Grandstream UCM6301 IP-PBX; 1-Port Modem
Line:5
6346855
UCM6301
Sub-Total $5,920.00
Base Quotation Pricing Summary
Freight is NOT included in this total. Your final invoice may include freight charges.
TOTAL:
Freight:
Subtotal:
Tax (8.88%):
Taxable:
Non-Taxable: Availability:
- Part availability is subject to change and is based on the availability at the time this quote was created. - Time in transit is subject to change depending on the "Ship To" address that is provided by the customer at the time the order is placed and the method in which customer requests that the part(s) ship. - For "In Stock" parts, orders must be received by 3:00PM PST to ship same day. - For Factory Stock parts, please allow approximately one week for delivery via our standard shipping methods. $425.00
$97,985.00
TBD
$98,447.72
$37.72
$98,410.00
california.wonderware.com
This quotation may contain engineering services that are subject to additional terms and conditions. FOB: Healdsburg, CA
Pages:
Terms:
Freight:
Duration:
PO Number:
This quote is valid for 30 days.
Net 30 Days
Prepaid and Add
4 of 4 Remit to: E&M, Inc. 126 Mill Street, Healdsburg, CA 95448 Page 181 of 575 Attachment 3
Customer First $ 19,515.00
New Licenses $ 20,690.00
Insight Users $ 9,200.00
Perpetual Year 1 $ 49,405.00 Flex Year 1 $29,925.00
Perpetual Year2 $29,576.45 Flex Year 2 $30,820.00
Perpetual Year 3 $30,463.74 Flex Year 3 $31,745.00
3 Year Total $ 109,445.19 $92,490.00
Savings $ 16,955.19
Agenda Item No: 7.j.
MEETING DATE/TIME: 3/16/2022
ITEM NO: 2022-1482
AGENDA SUMMARY REPORT
SUBJECT: Report of the Emergency Purchase for the Diagnosis and Repair of a Leak at a Pressure Zone 1 South Tank, and Approve Corresponding Budget Amendment in the Amount of $329,932, Using Water Reserve Funds.
DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works
ATTACHMENTS:
1. PZ1S Estimate
2. PZ1S Estimate Phase 2
3. 00047705 (3)
Summary: Council will receive a report regarding the emergency purchase of contracted services for the diagnosis and repair of a leak at a Pressure Zone 1 South tank in the amount of $329,932, and consider approving a corresponding budget amendment.
Background: Last summer, staff received notice that there was a significant amount of water coming from somewhere at the Pressure Zone 1 site and running onto the golf course following seismic activity. Staff immediately investigated and determined that the southern tank, Pressure Zone 1 South (PZ1S) was leaking and water was collecting in the French drain under the tank and running down the hill. Anticipating another dry year, Staff decided that the tank needed to be fully drained to be properly assessed for repair and be fully operational during the dry summer months.
Discussion: City Staff contacted the contractor CV Larsen who had just satisfactorily completed the install of the new tank and renovation of the plumbing and systems at the Pressure Zone 2 South (PZ2S) Tank.
Fortunately, the contractor was familiar with the City’s water system and was able to quickly provide an estimate of the work in the amount of $53,706.00 (Attachment 1). City Staff reviewed the proposal and the City Manager approved the emergency work of Phase 1 of the project.
After completely draining and performing an inspection within the tank, CV Larsen provided an updated cost estimate of $237,311.00 for the work for Phase 2 (Attachment 2). This work included crack preparation, crack grouting, cleaning and placement of sealant, decontamination and recommission of the reservoir. This proposal was reviewed by City Staff and approved by the City Manager. This brought the project total to $291,017.00. Following that, staff had to further increase the amount of the project by $34,300 due to additional work for Item No. 3, to remove CIM sealant, repair floor with controlled demolition and dental grouting. This brought the total amount of the PO to $325,317. Please refer to Attachment 3 for a copy of the purchase order.
There were also additional costs incurred, separate from the repair purchase order, that amounted to $4,615. This results in a total project cost to date of $329,932. Staff is therefore requesting approval for a corresponding budget amendment for this amount.
Note: Staff has filed a claim with the City's insurance provider.
Recommended Action: Receive a report of the emergency purchase for the diagnosis and repair of a leak at the Pressure Zone 1 South Tank, and approve corresponding budget amendment in the amount of $329,932 using Water Reserve Funds.
BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 82227113.80230.18304: $0
PROPOSED BUDGET AMOUNT: 82227113.80230.18304: $329,932
FINANCING SOURCE: Water Reserve Funds
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 47705
COORDINATED WITH: Sean White, Director of Water/Sewer Utilities, Tim Eriksen, Director of Public Works, and Jason Benson, Senior Engineer
ATTACHMENT 1
ATTACHMENT 2
Purchase Order
Purchase
Order #
THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.
Fiscal Year
Vendor Phone Number Vendor Fax Number Buyer Date Ordered Date Required Page of
Delivery must be made within
doors of specified destination.
Item# Description/Part No. Qty UOM Unit Price Extended Price By
Purchasing Supervisor VENDOR COPY PO Total
B
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L
T
O
V
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N
D
O
R
S
H
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T
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CITY OF UKIAH
ATTN: ACCOUNTS PAYABLE
300 SEMINARY AVENUE
UKIAH, CA 95482
Delivery Reference Freight Method/Terms Department/Location Sales Tax Rate 2022 1 2
47705-02
CHRISTOPHER V LARSEN
1846 LUDWIG AVE
SANTA ROSA CA 95407-6413
CITY OF UKIAH - CIVIC CENTER
300 SEMINARY AVENUE
UKIAH CA 95482
Mary Horger 01/28/2022
FOB UKIAH/N30 PUBLIC WORKS DEPARTMENT 0.000
$325,317.00
1 MOBILIZATION/DEMOBILIZATION 1.0 EACH $5,000.000 $5,000.00 2 DRAIN RESERVOIR 1.0 EACH $27,706.000 $27,706.00
3 DE-SILT/REMOVE SOLIDS 1.0 EACH $14,000.000 $14,000.00 4 CONFINED SPACE ENTRY 1.0 EACH $3,000.000 $3,000.00
5 REVIEW, INSPECT, WORK PLAN 1.0 EACH $4,000.000 $4,000.00 6 CONFINED SPACE ENTRY - CONTINUED 31300.0 DOLL $1.000 $31,300.00 7 TEMPORARY POWER/INTRINSICALLY SAFE 18811.0 DOLL $1.000 $18,811.00
LIGHTING
8 FLOOR CRACK REPAIR, CONTROLLED DEMOLITION 28200.0 DOLL $1.000 $28,200.00
AND DENTAL GROUTING
9 WALL CRACK REPAIRS, CRACK PREPARATION AND 84700.0 DOLL $1.000 $84,700.00
GROUTING
10 SMALL CRACK REPAIR, CLEAN AND PLACE CIM 21500.0 DOLL $1.000 $21,500.00
SEALANT
11 WASH OUT REPAIR DEBRIS 7800.0 DOLL $1.000 $7,800.00
12 DECONTAMINATE FOR POTABLE WATER 14200.0 DOLL $1.000 $14,200.00 ATTACHMENT 3
Purchase Order
Purchase
Order #
THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.
Fiscal Year
Vendor Phone Number Vendor Fax Number Buyer Date Ordered Date Required Page of
Delivery must be made within
doors of specified destination.
Item# Description/Part No. Qty UOM Unit Price Extended Price By
Purchasing Supervisor VENDOR COPY PO Total
B
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L
T
O
V
E
N
D
O
R
S
H
I
P
T
O
CITY OF UKIAH
ATTN: ACCOUNTS PAYABLE
300 SEMINARY AVENUE
UKIAH, CA 95482
Delivery Reference Freight Method/Terms Department/Location Sales Tax Rate 2022 2 2
47705-02
CHRISTOPHER V LARSEN
1846 LUDWIG AVE
SANTA ROSA CA 95407-6413
CITY OF UKIAH - CIVIC CENTER
300 SEMINARY AVENUE
UKIAH CA 95482
Mary Horger 01/28/2022
FOB UKIAH/N30 PUBLIC WORKS DEPARTMENT 0.000
$325,317.00
13 TESTING AND RECOMMISSION 4500.0 DOLL $1.000 $4,500.00 14 FURNISH AND INSTALL DRAIN MANIFOLD 26300.0 DOLL $1.000 $26,300.00 15 ADD'L COST ... REMOVAL OF SEALANT, REPAIR 1.0 EACH $34,300.000 $34,300.00
FLOOR WITH CONTROLLED DEMOLITION AND
DENTAL GROUTING
REF REQ E39292
EMERGENCY REPAIRS, APPROVED BY CITY
MANAGER
AS PER PROPOSAL DATED 1/24/2022 - ITEMS 1 THRU
5. PREVAILING WAGE ADDENDUM APPLIES TO THIS
PURCHASE ORDER.
MH 02/15/2022: REF REQ E38080. ADDED LINES 6
THROUGH 14.
MH 03/11/2022: REF REQ E38087: ADDED LINE 15.
1 GENERALLY. These Terms and Conditions of
Sale (“Terms and Conditions”) apply to all purchases by City of Ukiah. (Referred to as “Buyer”). The supplier of goods and services under this transaction is herein
referred to as “Seller”. The goods or service purchased are referred to as the “Purchase.”
2. TERMS EXCLUSIVE. Buyer will order the goods
or services described herein only upon the terms and
conditions contained herein. Seller’s acceptance of this order shall occur either through commencement of
performance under this order or acknowledgment of this
order. By accepting this order, Seller waives all terms and conditions contained in its quotation, acknowledgment,
invoice or other documents which are different from or
additional to those contained herein and all such different or additional terms and conditions shall be null and void.
SELLER MAY NOT CHANGE MATERIAL OF
MANUFACTURE, SOURCES OF SUPPLY, MANUFACTURING PROCESS OR LOCATION WITHOUT THE PRIOR WRITTEN CONSENT OF BUYER.
3. INSPECTION. All goods shall be received subject
to Buyer’s inspection and rejection. Defective goods and goods otherwise not conforming to this order shall be held for Seller’s instruction and at Seller’s risk, and if Seller so directs, shall be returned at Seller’s expense. No defective goods shall be replaced without a new purchase order.
Payment by Buyer shall not be construed as an
acceptance of goods. Buyer may return to Seller any non-defective, excess goods within thirty (30) days of receiving them.
4. CHANGES. City may make changes within the
general scope of this order in drawings and specifications for specially manufactured supplies, place of delivery, method of shipment or packing of the order by giving notice to Seller and subsequently confirming such changes in writing. If such changes affect the cost of or the time required for performance of this order, an equitable
adjustment in the price or delivery or both must be made.
No change by Seller is allowed without City’s written
approval. Any claim by Seller for an adjustment under this section must be made in writing within thirty (30) days from the date of receipt by Seller of notification of such change unless City waives this condition in writing. Nothing in this section excuses Seller from proceeding with performance of the order as changed.
5. TERMINATION. City may terminate this order at
any time, either verbally or in writing, with or without cause.
Should termination occur, City will pay Seller as full
performance until such termination the unit or pro rata order price for the performed and accepted portion of the Purchase. City may provide written notice of termination for Seller’s default if Seller refuses or fails to comply with this order. If Seller does not cure such failure within a reasonable time period, or fails to perform the Purchase within the time specified (or allowed by extension), Seller will be liable to City for any excess costs incurred by City.
6. TIME EXTENSION. Time is of the essence City
may extend the time for completion if, in City’s sole
determination, Seller was delayed because of causes
beyond Seller’s control and without Seller’s fault or
negligence. In the event delay was caused by City, Seller’s sole remedy is limited to recovering money actually and necessarily expended by Seller because of the delay; there is no right to recover anticipated profit.
7. REMEDIES CUMULATIVE. City’s rights and
remedies under this order are not exclusive and are in
addition to any rights and remedies provided by law.
8. TITLE. Title to materials and supplies purchased
under this order pass directly from Seller to City upon City’s written acceptance following an actual inspection and City’s opportunity to reject.
9. PAYMENT. City will pay Seller after receiving
acceptable invoices for materials and supplies delivered and accepted or services rendered and accepted. City will not pay cartage, shipping, packaging or boxing expenses unless specified in this order.
10. INDEMNIFICATION. Seller agrees to indemnify and hold harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of the Purchase or the order, or their performance. Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the Purchase or order, or their performance, Seller will defend City (at City’s request and with counsel
satisfactory to City) and indemnify City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section “City” includes City’s officers, elected officials, and employees. This paragraph 9 will survive termination of this order. The requirements as to the types and limits of insurance
coverage to be maintained by Seller, and any approval of such insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Seller pursuant to this order, including, without limitation, to the provisions concerning indemnification.
11. WARRANTY. Seller agrees that the Purchase is
covered by the most favorable commercial warranties the Seller gives to any customer for the same or substantially similar supplies or services, or such other more favorable warranties as is specified in this order. Warranties will be effective notwithstanding any inspection or acceptance of the Purchase by City.
12. ASSIGNMENT. City may assign this order.
Except as to any payment due under this order, Seller may not assign or subcontract the order without City’s written approval. Should City give consent, it will not relieve Seller from any obligations under this order and any transferee or subcontractor will be considered Seller’s agent.
13. INSURANCE. Seller must provide the insurance
indicated on the face sheet of this order.
14. PERMITS. Seller must procure all necessary permits and licenses, and abide by all federal, state, and local laws, for performing this order.
15. INDEPENDENT CONTRACTOR. City and Seller
agree that Seller will act as an independent contractor and will have control of all work and the manner in which it is performed. Seller will be free to contract for similar service to be performed for other employers while under contract with City. Seller is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Any provision in this order that may appear to give City the right to direct Seller as to the details of doing the work or to exercise a measure of control over the work means the
Seller will follow the direction of the City as to end results of the work only.
16. WAIVER. City’s review or acceptance of, or
payment for, work product prepared by Seller under this order will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Seller’s performance. A waiver by City of any breach of any term, covenant, or condition contained in this order will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this order, whether of the same or different character.
17. INTERPRETATION. This Agreement was drafted
in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Mendocino County.
Agenda Item No: 7.k.
MEETING DATE/TIME: 3/16/2022
ITEM NO: 2022-1483
AGENDA SUMMARY REPORT
SUBJECT: Approve a Three-Year Contract with Tyler Technologies for Vendor Cloud Hosting Services of the Enterprise Resource Planning (ERP) Financial Software Servers in the Amount of $494,670, and Approve a Corresponding Budget Amendment.
DEPARTMENT: Information Services PREPARED BY: Scott Shaver, I.T. Manager, Ryan Burkhart, IT Manager, Mary Horger, Financial Services Manager
PRESENTER: Ryan Burkhart - IT Manager; Scott Schaver - IT Special Projects
ATTACHMENTS:
1. Council Approved Agenda Summary Report (ASR)
2. Ukiah SaaS Quote
3. Ukiah Total Cost of Ownership
4. Tyler Technologies Draft Agreement
Summary: Council will consider approving a three-year contract with Tyler Technologies for Vendor Cloud Hosting Services of the Enterprise Resource Planning (ERP) financial software servers in the amount of $494,670.
Background: At the Council meeting on February 16, 2022, Council approved the purchase of Vendor Cloud Hosting of the Tyler Munis Enterprise Resource Planning (ERP) financial software servers in the amount of $170,296 (please refer to Attachment 1). While a complete three-year contract was reviewed and considered by the Council in the supporting documentation of the earlier staff report, Staff requested authorization only for the first year. The proposal and quote is provided again here (please refer to Attachment 2 – Ukiah SaaS Quote, and Attachment 3 – Ukiah Total Cost of Ownership).
Only the first year of the contract was requested in the Staff report and approved by the Council with the intention of renewing it annually through the budget process. Upon further consideration by the City's Procurement Division, it was determined more appropriate and beneficial for the City to authorize the entire agreement in order to capitalize on discounts available to it by the vendor for agreeing to a longer term. For the full representation of the Tyler Technologies Draft Agreement (please refer to Attachment 4).
Discussion: Because only the first year of a three-year agreement with Vendor Cloud Hosting was approved in the amount of $170,296, staff recommends Council approve the full three-year contract as originally intended. By entering a three-year contract, it saves $1,062 in the initial one-time fees, and a total of $80,381.15 in recurring fees for the first three years. The full three-year contract with Tyler Technologies for Vendor Cloud Hosting Services of Enterprise Resource Planning (ERP) financial software services is for the amount of $494,670. This fiscal year, the first year cost ($170,296) will be realized. However, by also encumbering years 2 and 3 now, the budget will be auto adjusted for each of those fiscal years, but only the actual cost for that given year will be incurred.
Recommended Action: Approve a three-year contract with Tyler Technologies for Vendor Cloud Hosting Services of the Enterprise Resource Planning (ERP) financial software servers in the amount of $494,670, and approve a corresponding budget amendment.
BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 20913900.54320: $170,296
PROPOSED BUDGET AMOUNT: 20913900.54320: $324,374
FINANCING SOURCE: Internal Service Allocation
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Mary Horger, Financial Services Manager
Agenda Item No: 7.k.
MEETING DATE/TIME: 2/16/2022
ITEM NO: 2022-1343
AGENDA SUMMARY REPORT
SUBJECT: Approval of Purchase of Vendor Cloud Hosting of Tyler Munis Enterprise Resource Planning (ERP) Finance System Servers, in the Amount of $170,296.00.
DEPARTMENT: Information Services PREPARED BY: Ryan Burkhart, IT Manager, Scott Shaver, I.T.
Manager
PRESENTER: Ryan Burkhart, IT Manager
ATTACHMENTS:
1. Tyler Supportive Information
2. Ukiah TCO
3. Ukiah SaaS Quote
Summary: Council will consider approving a purchase of a vendor cloud hosting of our Tyler Munis Enterprise Resource Planning (ERP) Finance system.
Background: Five Tyler Munis Enterprise Resource Planning (ERP) servers have been hosted on premise by the City of Ukiah for several years and continue to require additional staff time for upgrades/updates, infrastructure resources, Tyler technical support costs, and Tyler Disaster Recovery costs.
Discussion: Cloud hosting our ERP servers with Tyler, includes all associated technical support, maintenance and disaster recovery costs. Please see (Attachment 1) for general supportive information regarding Tyler Cloud Hosting. For the full Tyler Cloud hosting quote, please see (Attachment 3).
For cost differentials between on-premise hosting and vendor cloud hosting, please see (Attachment 2).
Although there is additional cost incurred for vendor cloud hosting, there are other needed and valuable aspects included. These valuable aspects are encompassed within the Information Technology (IT) Division’s IT Strategic Plan (currently under development), which includes Disaster Recovery and Business Continuity for all City divisions in the event of disaster.
In addition, the effect of the ERP technology footprint on our Data Center will diminish considerably, which falls within our Green Initiative for power saving in our local data center. This includes the cost of battery backup purchases, power consumption of equipment, and cooling. The goal of IT over the next three years, is to diminish contingencies in our data center by as much as 50%, while still providing current services with little or no change in service delivery.
By migrating the ERP servers to the cloud, less dependency is realized on our on-premise data center. This would constitute long term savings by minimizing the requirements and scope of the storage and server infrastructure replacement every five years, which is due again this fiscal year.
Vendor cloud hosting of our Tyler ERP will provide secure user access to the Finance system from any Internet connection, allowing City Finance services for all divisions to continue uninterrupted despite disasters, with no contingencies on local Civic Center data access.
ATTACHMENT 1
Recommended Action: Approve purchase of Vendor Cloud Hosting of Tyler Munis Enterprise Resource Planning (ERP) Finance System Servers, in the Amount of $170,296.00.
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 20913900.54320: $170,296.00
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE:
PREVIOUS CONTRACT/PURCHASE ORDER NO.:
COORDINATED WITH: Scott Shaver, IT Special Projects
2021-292416-L7X3M5 Page 1
Quoted By: Karen Grosset
Quote Expiration: 05/15/22
Quote Name: City of Ukiah - ERP - SaaS Hosting
Quote Description: SaaS Hosting
Saas Term 3.00
Sales Quotation For:
City of Ukiah
300 Seminary Ave
Ukiah CA 95482-5400
Phone: +1 (707) 463-6200
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Additional
Tyler Forms Processing 1 0 $ 4,694
Financial Management
Accounting/GL/BG/AP 1 0 $ 17,203
Bid Management 1 0 $ 1,958
BMI Asset Track Interface 1 0 $ 1,305
BMI CollectIT Interface 1 0 $ 1,305
Capital Assets 1 0 $ 4,568
Cash Management 1 0 $ 2,966
Contract Management 1 0 $ 1,958
eProcurement 1 0 $ 2,966
Inventory 1 0 $ 4,241
Project & Grant Accounting 1 0 $ 3,559
Purchase Orders 1 0 $ 4,568
Requisitions 1 0 $ 2,966
Revenue Management
Accounts Receivable 1 0 $ 3,915
ATTACHMENT 2
2021-292416-L7X3M5 Page 2
Central Property File 1 0 $ 1,556
General Billing 1 0 $ 1,780
Permits & Code Enforcement 1 0 $ 8,260
Tyler Cashiering 1 0 $ 6,526
Subscription Fees
ACFR Statement Builder 1 0 $ 5,935
Concurrent Users 30 0 $ 30,000
Civic Services
Citizen Self Service 1 0 $ 3,915
Tyler GIS - Site License 1 0 $ 2,966
Human Resources Management
Human Resources & Talent Management 1 0 $ 6,218
Payroll w/ESS 1 0 $ 9,551
Recruiting 1 0 $ 2,456
Data Insights
Munis Office 1 0 $ 2,967
Role Tailored Dashboard 1 0 $ 2,967
Tyler Reporting Services 1 0 $ 5,304
Enterprise Asset Management
Asset Maintenance 1 0 $ 5,309
Document Management
Tyler Content Manager SE 1 0 $ 8,305
TOTAL 0 $ 162,187
Professional Services
Description Quantity Unit Price Extended Price Maintenance Project Planning Services 1 $ 8,109 $ 8,109 $ 0
TOTAL $ 8,109 $ 0
2021-292416-L7X3M5 Page 3
Summary One Time Fees Recurring Fees
Total Tyler Software $ 0 $ 0
Total Annual $ 0 $ 162,187
Total Tyler Services $ 8,109 $ 0
Total Third-Party Hardware, Software, Services $ 0 $ 0
Summary Total $ 8,109 $ 162,187
Contract Total $ 494,670
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.
Customer Approval: Date:
Print Name: P.O.#:
All Primary values quoted in US Dollars
2021-292416-L7X3M5 Page 4
Comments
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms:
• License fees for Tyler and third party software are invoiced upon the earlier of (i) deliver of the license key or (ii) when Tyler makes such software available for download by the Client;
• Fees for hardware are invoiced upon delivery;
• Fees for year one of hardware maintenance are invoiced upon delivery of the hardware; • Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available for download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually thereafter in accord with the Agreement.
• Fees for services included in this sales quotation shall be invoiced as indicated below. Implementation and other professional services fees shall be invoiced as delivered. Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module. Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client the actual services delivered on a time and materials basis. Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document.
Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement. Notwithstanding anything to the contrary stated above, the following payment terms shall apply to services fees specifically for migrations:
Tyler will invoice Client 50% of any Migration Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Unless otherwise indicated on this Sales quotation, annual services will be invoiced in advance, for annual terms commencing on the date this sales quotation is signed by the Client. If listed annual service(s) is an addition to the same service presently existing under the Agreement, the first term of the added annual service will be prorated to expire coterminous with the existing annual term for the service, with renewals to occur as indicated in the Agreement. • Expenses associated with onsite services are invoiced as incurred.
2021-292416-L7X3M5 Page 5
Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors.
Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly.
Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy.
Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost.
In the event Client cancels services less than two (2) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.
Implementation hours are scheduled and delivered in four (4) or eight (8) hour increments.
Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-theTrainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.
Tyler Content Manager SE includes up to 1TB of storage. Should additional storage be needed it may be purchased as needed at an annual fee of $5,000 per TB.
The SaaS fees for products that are not named users are based on 30 concurrent users. Should the number of concurrent users be exceeded, Tyler reserves the right to re-negotiate the SaaS fees based upon any resulting changes in the pricing categories.
Financial library includes: 1 A/P check, 1 EFT/ACH, 1 Purchase order, 1099M, 1099INT, 1099S, and 1099G.
General Billing library includes: standard invoice, standard statement, standard general billing receipt and standard miscellaneous receipt.
Personnel Actions Forms Library includes: standard Personnel Action form - New and standard Personnel Action Form - Change.
Payroll library includes: standard PR check, standard direct deposit, standard vendor from payroll check, standard vendor from payroll direct deposit, W2, W2c, ACA 1095B, ACA 1095C and 1099 R.
2021-292416-L7X3M5 Page 6
Permits library includes: standard Building permit, standard Trades permit, standard Zoning permit and standard certificate of occupancy/completion.
Project Management includes project planning, kickoff meeting, status calls, task monitoring, verification and transition to support.
In the event Client acquires from Tyler any edition of Tyler Content Manager software other than Enterprise Edition, the license for Content Manager is restricted to use with Tyler applications only. If Client wishes to use Tyler Content Manager software with non-Tyler applications, Client must purchase or upgrade to Tyler Content Manager Enterprise Edition.
SELF HOSTED
Initial Cost
Year 1 Year 2 Year 3
Server Hardware ‐ Budget every 3‐5 years $17,020 $0 $0 $17,020 Server Hardware Maintenance $0 $3,020 $3,020 $6,040
System Software, SQL, and Application Costs $9,998 $0 $0 $9,998System Software Maintenance (4J's ‐ coding language) $1,650 $1,650 $1,650 $4,950 Other Costs ‐ Facilities, FTE (est 2 hours/day @ $60 salary/benefits) $32,100 $32,100 $32,100 $96,300 Tyler Munis Software Maintenance $64,825 $68,066 $71,470 $204,361 5% Annual increase Tyler Systems Management Support $17,112 $17,968 $18,866 $53,946 5% Annual increaseTyler Disaster Recovery $16,812 $17,653 $18,535 $53,000 5% Annual increaseTotals $159,517 $140,456 $145,641 $445,614SOFTWARE AS A SERVICE SOLUTION Initial Cost
Year 1 Year 2 Year 3
Project Planning Services $8,109.00 0 0 $8,109.00PACE Upgrade Assistance $0.00 0 0 $0.00 Annual Fee $162,187.00 $162,187.00 $162,187.00 $486,561.00 Totals $170,296.00 $162,187.00 $162,187.00 $494,670.00
Recurring Annual Cost
Total
SaaS Solution 3‐Year Cost
SaaS Cost Comparison
Recurring Annual Cost
Total
Self Hosted 3‐Year Cost
Ukiah, CA
ATTACHMENT 3
1 SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client.
WHEREAS, Client selected Tyler to provide certain products and services set forth in the Investment Summary, including providing Client with access to Tyler’s proprietary software products, and Tyler desires to provide such products and services under the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows:
SECTION A – DEFINITIONS
• “Agreement” means this Software as a Service Agreement. • “Business Travel Policy” means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B.
• “Client” means the City of Ukiah, California.
• “Data” means your data necessary to utilize the Tyler Software. • “Data Storage Capacity” means the contracted amount of storage capacity for your Data identified in the Investment Summary.
• “Defect” means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then-current Documentation.
• “Defined Users” means the number of users that are authorized to use the SaaS Services. The Defined Users for the Agreement are as identified in the Investment Summary. If Exhibit A contains EnerGov labeled software, defined users mean the maximum number of named users that are authorized to use the EnerGov labeled modules as indicated in the Investment Summary.
• “Developer” means a third party who owns the intellectual property rights to Third Party Software.
• “Documentation” means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation. • “Effective Date” means the date by which both your and our authorized representatives have signed the Agreement.
• “Force Majeure” means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us. • “Investment Summary” means the agreed upon cost proposal for the products and services attached as Exhibit A.
ATTACHMENT 4
2 • “Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B.
• “Order Form” means an ordering document that includes a quote or investment summary and specifying the items to be provided by Tyler to Client, including any addenda and supplements thereto.
• “SaaS Fees” means the fees for the SaaS Services identified in the Investment Summary. • “SaaS Services” means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler Software, and includes the right to access and use the Tyler Software, receive maintenance and support on the Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting or other professional services. • “SLA” means the service level agreement. A copy of our current SLA is attached hereto as Exhibit C.
• “Support Call Process” means the support call process applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 1 to Exhibit C.
• “Third Party Hardware” means the third party hardware, if any, identified in the Investment Summary.
• “Third Party Products” means the Third Party Software and Third Party Hardware. • “Third Party SaaS Services” means software as a service provided by a third party, if any, identified in the Investment Summary.
• “Third Party Services” means the third party services, if any, identified in the Investment Summary.
• “Third Party Software” means the third party software, if any, identified in the Investment Summary.
• “Third Party Terms” means, if any, the end user license agreement(s) or similar terms for the Third Party Products or other parties’ products or services, as applicable, and attached or indicated at Exhibit D.
• “Tyler” means Tyler Technologies, Inc., a Delaware corporation. • “Tyler Software” means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement.
• “we”, “us”, “our” and similar terms mean Tyler.
• “you” and similar terms mean Client.
SECTION B – SAAS SERVICES
1. Rights Granted. We grant to you the non-exclusive, non-assignable limited right to use the SaaS Services solely for your internal business purposes for the number of Defined Users only. The Tyler Software will be made available to you according to the terms of the SLA. You acknowledge that we have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software, as further described in Section C(9). The foregoing notwithstanding, to the extent we have sold you perpetual licenses for Tyler Software, if and listed in the Investment Summary, for which you are receiving SaaS Services, your rights to use such Tyler Software are perpetual, subject to the terms and conditions of this Agreement including, without limitation, Section B(4). We will make any such
3 software available to you for download.
2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount of Data Storage Capacity. You may add additional users or additional data storage capacity on the terms set forth in Section H(1). In the event you regularly and/or meaningfully exceed the Defined Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate with the overage(s).
3. Ownership.
3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software, and anything developed by us under this Agreement. You do not acquire under this Agreement any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services.
3.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only.
3.3 You retain all ownership and intellectual property rights to the Data. You expressly recognize that except to the extent necessary to carry out our obligations contained in this Agreement, we do not create or endorse any Data used in connection with the SaaS Services.
4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS Services available in any manner to any third party for use in the third party’s business operations; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to us; or (d) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or Documentation available to any third party other than as expressly permitted by this Agreement.
5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.
6. SaaS Services.
6.1 Our SaaS Services are audited at least yearly in accordance with the AICPA’s Statement on Standards for Attestation Engagements (“SSAE”) No. 18. We have attained, and will maintain, SOC 1 and SOC 2 compliance, or its equivalent, for so long as you are timely paying for SaaS Services. The scope of audit coverage varies for some Tyler Software solutions. Upon execution of a mutually agreeable Non-Disclosure Agreement (“NDA”), we will provide you with a summary of our compliance report(s) or its equivalent. Every year thereafter, for so long as the NDA is in effect and in which you make a written request, we will provide that same information. If our SaaS Services are provided using a 3rd party data center, we will provide available compliance reports for that data center.
4 6.2 You will be hosted on shared hardware in a Tyler data center or in a third-party data center. In either event, databases containing your Data will be dedicated to you and inaccessible to our other customers.
6.3 Our Tyler data centers have fully-redundant telecommunications access, electrical power, and the required hardware to provide access to the Tyler Software in the event of a disaster or component failure. In the event of a data center failure, we reserve the right to employ our disaster recovery plan for resumption of the SaaS Services. In that event, we commit to a Recovery Point Objective (“RPO”) of 24 hours and a Recovery Time Objective (“RTO”) of 24 hours. RPO represents the maximum duration of time between the most recent recoverable copy of your hosted Data and subsequent data center failure. RTO represents the maximum duration of time following data center failure within which your access to the Tyler Software must be restored.
6.4 We conduct annual penetration testing of either the production network and/or web application to be performed. We will maintain industry standard intrusion detection and prevention systems to monitor malicious activity in the network and to log and block any such activity. We will provide you with a written or electronic record of the actions taken by us in the event that any unauthorized access to your database(s) is detected as a result of our security protocols. We will undertake an additional security audit, on terms and timing to be mutually agreed to by the parties, at your written request. You may not attempt to bypass or subvert security restrictions in the SaaS Services or environments related to the Tyler Software.
Unauthorized attempts to access files, passwords or other confidential information, and unauthorized vulnerability and penetration test scanning of our network and systems (hosted or otherwise) is prohibited without the prior written approval of our IT Security Officer.
6.5 We test our disaster recovery plan on an annual basis. Our standard test is not client-specific.
Should you request a client-specific disaster recovery test, we will work with you to schedule and execute such a test on a mutually agreeable schedule. At your written request, we will provide test results to you within a commercially reasonable timeframe after receipt of the request.
6.6 We will be responsible for importing back-up and verifying that you can log-in. You will be responsible for running reports and testing critical processes to verify the returned Data.
6.7 We provide secure Data transmission paths between each of your workstations and our servers.
6.8 Tyler data centers are accessible only by authorized personnel with a unique key entry. All other visitors to Tyler data centers must be signed in and accompanied by authorized personnel.
Entry attempts to the data center are regularly audited by internal staff and external auditors to ensure no unauthorized access.
6.9 Where applicable with respect to our applications that take or process card payment data, we are responsible for the security of cardholder data that we possess, including functions relating to storing, processing, and transmitting of the cardholder data and affirm that, as of the Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and have performed the necessary steps to validate compliance with the PCI DSS. We agree to
5 supply the current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which can be found at https://www.tylertech.com/aboutus/compliance, and in the event of any change in our status, will comply with applicable notice requirements.
SECTION C – PROFESSIONAL SERVICES
1. Professional Services. We will provide you the various implementation-related services itemized in the Investment Summary.
2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. You acknowledge that the fees stated in the Investment Summary are good-faith estimates of the amount of time and materials required for your implementation. We will bill you the actual fees incurred based on the in-scope services provided to you. Any discrepancies in the total values set forth in the Investment Summary will be resolved by multiplying the applicable hourly rate by the quoted hours.
3. Additional Services. The Investment Summary contains the scope of services and related costs (including programming and/or interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required, or if you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote.
4. Cancellation. If travel is required, we will make all reasonable efforts to schedule travel for our personnel, including arranging travel reservations, at least two (2) weeks in advance of commitments. Therefore, if you cancel services less than two (2) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) non-refundable expenses incurred by us on your behalf, and (b) daily fees associated with cancelled professional services if we are unable to reassign our personnel. We will make all reasonable efforts to reassign personnel in the event you cancel within two (2) weeks of scheduled commitments.
5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with industry standards. In the event we provide services that do not conform to this warranty, we will re-perform such services at no additional cost to you.
6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us.
7. Background Checks. For at least the past twelve (12) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies.
8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process requiring the time and resources of your personnel. You agree to use all reasonable efforts
6 to cooperate with and assist us as may be reasonably required to meet the agreed upon project deadlines and other milestones for implementation. This cooperation includes at least working with us to schedule the implementation-related services outlined in this Agreement. We will not be liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to provide such cooperation and assistance (either through action or omission).
9. Maintenance and Support. For so long as you timely pay your SaaS Fees according to the Invoicing and Payment Policy, then in addition to the terms set forth in the SLA and the Support Call Process, we will:
9.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software (subject to any applicable release life cycle policy);
9.2 provide support during our established support hours;
9.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party Software, if any, in order to provide maintenance and support services;
9.4 make available to you all releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and
9.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with any applicable release life cycle policy.
We will use all reasonable efforts to perform support services remotely. Currently, we use a third-party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain your VPN for backup connectivity purposes.
For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b) application design; (c) other consulting services; or (d) support outside our normal business hours as listed in our thencurrent Support Call Process. Requested services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1) weeks’ advance notice.
7 SECTION D – THIRD PARTY PRODUCTS
1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have purchased any, for the price set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy.
2. Third Party Software. As part of the SaaS Services, you will receive access to the Third Party Software and related documentation for internal business purposes only. Your rights to the Third Party Software will be governed by the Third Party Terms.
3. Third Party Products Warranties.
3.1 We are authorized by each Developer to grant access to the Third Party Software.
3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and clear title to the Third Party Hardware.
3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or guarantee the performance of the Third Party Products. However, we grant and pass through to you any warranty that we may receive from the Developer or supplier of the Third Party Products.
4. Third Party Services. If you have purchased Third Party Services, those services will be provided independent of Tyler by such third-party at the rates set forth in the Investment Summary and in accordance with our Invoicing and Payment Policy.
SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES
1. Invoicing and Payment. We will invoice you the SaaS Fees and fees for other professional services in the Investment Summary per our Invoicing and Payment Policy, subject to Section E(2).
2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice.
You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS Services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so.
SECTION F – TERM AND TERMINATION
1. Term. The initial term of this Agreement is equal to the number of years indicated for SaaS Services
8 in Exhibit A, commencing on the first day of the first month following the Effective Date, unless earlier terminated as set forth below. If no duration is indicated in Exhibit A, the initial term is one (1) year. Upon expiration of the initial term, this Agreement will renew automatically for additional one (1) year renewal terms at our then-current SaaS Fees unless terminated in writing by either party at least sixty (60) days prior to the end of the then-current renewal term. Your right to access or use the Tyler Software and the SaaS Services will terminate at the end of this Agreement.
2. Termination. This Agreement may be terminated as set forth below. In the event of termination, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section E(2).
2.1 Failure to Pay SaaS Fees. You acknowledge that continued access to the SaaS Services is contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we may discontinue the SaaS Services and deny your access to the Tyler Software. We may also terminate this Agreement if you don’t cure such failure to pay within forty-five (45) days of receiving written notice of our intent to terminate.
2.2 For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section H(3). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty (30) day window set forth in Section H(3).
2.3 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event suspends performance of the SaaS Services for a period of forty-five (45) days or more.
2.4 Lack of Appropriations. If you should not appropriate or otherwise make available funds sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty (30) days written notice to us. You will not be entitled to a refund or offset of previously paid, but unused SaaS Fees. You agree not to use termination for lack of appropriations as a substitute for termination for convenience.
SECTION G – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
1. Intellectual Property Infringement Indemnification.
1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes that third party’s patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.
1.2 Our obligations under this Section G(1) will not apply to the extent the claim or adverse final judgment is based on your use of the Tyler Software in contradiction of this Agreement, including with non-licensed third parties, or your willful infringement.
9 1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement.
1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or settlement to which we consent), we will, at our option, either: (a) procure the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent. This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims.
2. General Indemnification.
2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by our negligence or willful misconduct; or (b) our violation of PCI-DSS requirements or a law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.
2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for personal injury or property damage to the extent caused by your negligence or willful misconduct; or (b) your violation of a law applicable to your performance under this Agreement.
We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense.
3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLIENT UNDERSTANDS AND AGREES THAT TYLER DISCLAIMS ANY LIABILITY FOR ERRORS THAT RELATE TO USER ERROR.
4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT,
OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY
OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO
YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM, AS SET FORTH IN SECTION F(1), TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B) DURING ANY RENEWAL TERM, THE THEN-CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE PARTIES
ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN
10 RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER
APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G(1) AND G(2).
5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d) Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance upon your written request.
SECTION H – GENERAL TERMS AND CONDITIONS
1. Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for twelve (12) months from the Effective Date by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12) months have expired, you may purchase additional products and services at our then-current list price, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum.
2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be valid for twelve (12) months from the Effective Date.
3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in non-binding mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures.
4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a
11 copy. For clarity, we are responsible for paying our income taxes, both federal and state, as applicable, arising from our performance of this Agreement.
5. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law.
6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S.
Citizenship and Immigration Services Verification Division for all of our employees assigned to your project.
7. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld.
8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets.
9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event.
10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party Terms.
11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified by a written amendment signed by an authorized representative of each party.
12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law.
12 13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this Agreement thereafter.
14. Independent Contractor. We are an independent contractor for all purposes under this Agreement.
15. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party.
16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and promotional materials.
17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties.
Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that:
(a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents;
(b) a party can establish by reasonable proof was in that party's possession at the time of initial disclosure;
(c) a party receives from a third party who has a right to disclose it to the receiving party; or (d) is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law.
18. Quarantining of Client Data. Some services provided by Tyler require us to be in possession of your Data. In the event we detect malware or other conditions associated with your Data that are reasonably suspected of putting Tyler resources or other Tyler clients’ data at risk, we reserve the absolute right to move your Data from its location within a multi-tenancy Tyler hosted environment to an isolated “quarantined” environment without advance notice. Your Data will remain in such quarantine for a period of at least six (6) months during which time we will review the Data, and all
13 traffic associated with the Data, for signs of malware or other similar issues. If no issues are detected through such reviews during the six (6) month period of quarantine, we will coordinate with you the restoration of your Data to a non-quarantined environment. In the event your Data must remain in quarantine beyond this six (6) month period through no fault of Tyler’s, we reserve the right to require payment of additional fees for the extended duration of quarantine. We will provide an estimate of what those costs will be upon your request.
19. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license.
20. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your state of domicile, without regard to its rules on conflicts of law.
21. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature.
Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement.
22. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement.
23. Socrata Solution Terms. Your use of certain Tyler solutions includes Tyler’s Socrata data platform.
Your rights, and the rights of any of your end users, to use Tyler’s Socrata data platform is subject to the Socrata SaaS Services Terms of Service, available at https://www.tylertech.com/terms/socratasaas-services-terms-of-service. By signing a Tyler Agreement or Order Form, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify that you have reviewed, understand, and agree to said terms.
24. Contract Documents. This Agreement includes the following exhibits:
Exhibit A Investment Summary
Exhibit B Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Exhibit C Service Level Agreement
Schedule 1: Support Call Process
Exhibit D Third Party Terms
Schedule 1: Hyperlinked Terms
Schedule 2: DocOrigin Terms
14 IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below.
Tyler Technologies, Inc. City of Ukiah, CA
By: By:
Name: Name:
Title: Title:
Date: Date:
Address for Notices: Address for Notices:
Tyler Technologies, Inc. City of Ukiah, CA
One Tyler Drive 300 Seminary Avenue
Yarmouth, ME 04096 Ukiah, CA 95482
Attention: Chief Legal Officer Attention: ______________________________
Exhibit A
1 Exhibit A
Investment Summary
The following Investment Summary details the software and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.
Tyler sales quotation to be inserted prior to Agreement execution.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
2021-292416-L7X3M5 Page 1
Quoted By: Karen Grosset
Quote Expiration: 05/15/22
Quote Name: City of Ukiah - ERP - SaaS Hosting
Quote Description: SaaS Hosting
Saas Term 3.00
Sales Quotation For:
City of Ukiah
300 Seminary Ave
Ukiah CA 95482-5400
Phone: +1 (707) 463-6200
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Additional
Tyler Forms Processing 1 0 $ 4,694
Financial Management
Accounting/GL/BG/AP 1 0 $ 17,203
Bid Management 1 0 $ 1,958
BMI Asset Track Interface 1 0 $ 1,305
BMI CollectIT Interface 1 0 $ 1,305
Capital Assets 1 0 $ 4,568
Cash Management 1 0 $ 2,966
Contract Management 1 0 $ 1,958
eProcurement 1 0 $ 2,966
Inventory 1 0 $ 4,241
Project & Grant Accounting 1 0 $ 3,559
Purchase Orders 1 0 $ 4,568
Requisitions 1 0 $ 2,966
Revenue Management
Accounts Receivable 1 0 $ 3,915
2021-292416-L7X3M5 Page 2
Central Property File 1 0 $ 1,556
General Billing 1 0 $ 1,780
Permits & Code Enforcement 1 0 $ 8,260
Tyler Cashiering 1 0 $ 6,526
Subscription Fees
ACFR Statement Builder 1 0 $ 5,935
Concurrent Users 30 0 $ 30,000
Civic Services
Citizen Self Service 1 0 $ 3,915
Tyler GIS - Site License 1 0 $ 2,966
Human Resources Management
Human Resources & Talent Management 1 0 $ 6,218
Payroll w/ESS 1 0 $ 9,551
Recruiting 1 0 $ 2,456
Data Insights
Munis Office 1 0 $ 2,967
Role Tailored Dashboard 1 0 $ 2,967
Tyler Reporting Services 1 0 $ 5,304
Enterprise Asset Management
Asset Maintenance 1 0 $ 5,309
Document Management
Tyler Content Manager SE 1 0 $ 8,305
TOTAL 0 $ 162,187
Professional Services
Description Quantity Unit Price Extended Price Maintenance Project Planning Services 1 $ 8,109 $ 8,109 $ 0
TOTAL $ 8,109 $ 0
2021-292416-L7X3M5 Page 3
Summary One Time Fees Recurring Fees
Total Tyler Software $ 0 $ 0
Total Annual $ 0 $ 162,187
Total Tyler Services $ 8,109 $ 0
Total Third-Party Hardware, Software, Services $ 0 $ 0
Summary Total $ 8,109 $ 162,187
Contract Total $ 494,670
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.
Customer Approval: Date:
Print Name: P.O.#:
All Primary values quoted in US Dollars
2021-292416-L7X3M5 Page 4
Comments
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms:
• License fees for Tyler and third party software are invoiced upon the earlier of (i) deliver of the license key or (ii) when Tyler makes such software available for download by the Client;
• Fees for hardware are invoiced upon delivery;
• Fees for year one of hardware maintenance are invoiced upon delivery of the hardware; • Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available for download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually thereafter in accord with the Agreement.
• Fees for services included in this sales quotation shall be invoiced as indicated below. Implementation and other professional services fees shall be invoiced as delivered. Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module. Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client the actual services delivered on a time and materials basis. Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document.
Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement. Notwithstanding anything to the contrary stated above, the following payment terms shall apply to services fees specifically for migrations:
Tyler will invoice Client 50% of any Migration Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Unless otherwise indicated on this Sales quotation, annual services will be invoiced in advance, for annual terms commencing on the date this sales quotation is signed by the Client. If listed annual service(s) is an addition to the same service presently existing under the Agreement, the first term of the added annual service will be prorated to expire coterminous with the existing annual term for the service, with renewals to occur as indicated in the Agreement. • Expenses associated with onsite services are invoiced as incurred.