RFP - FEMA Project Administration Services
City of La Quinta
RFP Project Management Services * Page 1
REQUEST FOR PROPOSAL
FEMA Project Administration Services
City of La Quinta
BID ISSUED DATE April 24, 2020
Title: Finance Director
Contact: Karla Romero
Email: kromero@laquintaca.gov
Phone Number: 760-777-7073 Office (calls are being forwarded and addressed
remotely)
PROPOSAL DUE
Date: Friday, May 15, 2020, by 5:00PM
Submittals shall be emailed to kromero@laquintaca.gov and finance@laquintaca.gov in a
PDF format.
Late submission of responses shall not be considered. Submittal of response shall only be accepted
by email only. All other forms including (mail, fax, walk-in, etc.) are not acceptable.
Once a proposal is received you will be sent an email confirmation, if you do not receive an email
confirmation within 24 hours, please call the Finance Director directly to ensure your proposal was
received.
BID CONTENTS
Section I - Purpose of Request for Proposal and General Terms and Conditions
Section II - Introduction
Section III - Schedule of Events
Section IV - Proposer Qualifications and Proposed Workflow
Section V - Evaluation and Award Criteria
Section VI - Proposal Instructions and Scope of Work
Exhibit 1 - Certification Regarding Lobbying
Attachment 1 - Consultant Agreement Sample
Attachment 2 – City of La Quinta Purchasing Policy
Attachment 3 – FEMA ICS Form 214
Note: This bid does not constitute an order for the goods or services specified.
City of La Quinta
RFP Project Management Services * Page 2
SECTION I
PURPOSE OF REQUEST FOR PROPOSAL
AND GENERAL TERMS AND CONDITIONS
1.0 PURPOSE OF REQUEST FOR PROPOSAL
The City of La Quinta (“the City”), Finance Department is currently seeking proposals from
qualified institutions for Project Management associated with FEMA (Federal Emergency
Management Agency) reporting. The primary objective of this proposal is to obtain the most
efficient, high quality services at the most reasonable cost.
1.1 QUESTIONS REGARDING THE RFP
Any questions, interpretations, or clarifications, either administrative or technical, about
this RFP must be requested via email at least three working days prior to the submission
deadline (May 15, 2020). All questions either technical, commercial, or contractual in nature
shall be directed to: Karla Romero, Finance Director, kromero@laquintaca.gov.
1.2 ERRORS AND OMISSIONS
If a Proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the
RFP or any of its attachments, he/she shall immediately notify the City of such error in
writing and request modification or clarification of the document. Modifications will be made
by addenda. Clarifications will be given by written notice to all parties who have been
furnished or who have requested an RFP for proposing purposes, without divulging the
source of the request for same.
If a Proposer fails to notify the City prior to the date fixed for submission of proposals of an
error in the RFP known to him/her, or an error that reasonably should have been known to
him/her, he/she shall bid at his/her own risk, and if he/she is awarded the contract, he/she
shall not be entitled to additional compensation or time by reason of the error or its later
correction.
1.3 ADDENDA
The City may modify this RFP, any of its key action dates, or any of its attachments, prior
to the bid submittal date. Addenda will be numbered consecutively as a suffix to the RFP
Reference Number. It is the Proposer’s responsibility to ensure they have incorporated all
addenda. Failure to acknowledge and incorporate addenda will not relieve the Proposer of
the responsibility to meet all terms and conditions of the RFP and any subsequent addenda.
1.4 SUBMISSION OF PROPOSAL
Proposals will be accepted on or before the date and time indicated in the Schedule of
Events, Section III, in accordance with Section VI, Proposal Instructions and Format.
1.5 PROPOSER’S COST
Costs for developing proposals are entirely the responsibility of the Proposer and shall not
be chargeable to the City of La Quinta.
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1.6 EXCEPTIONS
If a Bidder takes exception to any part of these specifications as written, or as amended by
any addenda subsequently issued, or the Agreement, they must do so in writing. Said
exceptions must be submitted with the proposal. Failure to do so will be construed as
acceptance of all items of the specification and the Agreement.
1.7 DELIVERY OF PROPOSALS
Proposals submitted by mail will not be accepted. All proposal must be submitted via email
to finance@laquintaca.gov and kromero@laquintaca.gov. LATE PROPOSALS WILL NOT BE
ACCEPTED.
1.8 PROPOSALS BECOME THE PROPERTY THE OF CITY OF LA QUINTA
Proposals become the property of the City and information contained therein shall become
public property subject to disclosure laws after Notice of Intent to Award. The City reserves
the right to make use of any information or ideas contained in the proposal.
1.9 CONFIDENTIAL MATERIAL
Proposer must notify City in advance of any proprietary or confidential material contained
in the proposal and provide justification for not making such material public. City shall have
sole discretion to disclose or not disclose such material subject to any protective order which
Proposer may obtain.
1.10 REJECTION OF PROPOSALS
City may reject any or all proposals and may waive any immaterial deviation in a proposal.
City of La Quinta's waiver of an immaterial defect shall in no way modify the RFP documents
or excuse the Proposer from full compliance with the specifications if he/she is awarded the
contract. Proposals referring to terms and conditions other than City of La Quinta’s terms
and conditions may be rejected as being non-responsive.
The City may make investigations as deemed necessary to determine the ability of the
Proposer to perform the work, and the Proposer shall furnish to City of La Quinta all such
information and data for this purpose as requested by the City. The City reserves the right
to reject any proposal if the evidence submitted by, or investigation of, such Proposer fails
to satisfy the City that such Proposer is properly qualified to carry out the obligations of the
contract and to complete the work specified.
1.11 CANCELLATION
This solicitation does not obligate the City to enter into an agreement. City of La Quinta
retains the right to cancel this RFP at any time, should the project be canceled, or it is
deemed in the best interest of the City. No obligation, either expressed or implied, exists
on the part of the City to make an award or to pay any cost incurred in the preparation or
submission of a proposal.
1.12 INSURANCE REQUIREMENTS
The City requires certificates of insurance prior to commencement of any work. An
underwriter’s endorsement is also required with additional insured verbiage and must be an
admitted surety in the State of California. Insurance requirements are outlined in the
Contract Service Agreement (detailed requirements are in Attachment 1, Exhibit E).
City of La Quinta
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In summary the following insurances are required to execute the contract:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Cyber Liability
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
1.13 LOCAL, SMALL AND/OR DISADVANTAGED BUSINESS PREFERENCE
Local vendors are encouraged but not required. For purposes of this section, a “local” shall
be defined as an individual, partnership or corporation which regularly maintains a place of
business within a 60-mile radius of the City. Small and/or disadvantaged businesses are
encouraged to apply.
1.14 DISPUTES/PROTESTS
The City encourages Proposers to resolve issues regarding the requirements or the
procurement process through written correspondence and discussions during the period in
which clarifying addenda may be issued. The City wishes to foster cooperative relationships
and to reach a fair agreement in a timely manner. Formal proposals for major professional
and technical services shall be governed by the City’s Purchasing Policy (Attachment 2).
1.15 AWARD OF CONTRACT
Award, if any, will be to the Proposer whose proposal best complies with all the requirements
of the RFP document and any addenda. Evaluation methodology and basis for award are
described in Section V – Evaluation and Award Criteria.
City of La Quinta
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1.16 TERM OF CONTRACT
The period of services shall be no more than three years from the date of execution.
Contract Services Agreement (Attachment 1) shall be approved as to form. If modifications
are desired, they shall be disclosed in the bid response for legal review and approval.
1.17 CONTRACT DOCUMENTS
In the event of a conflict between documents the following order of precedence shall apply:
1. City of La Quinta Contract Services Agreement
2. City of La Quinta Request for Proposal
3. Proposer's Proposal
1.18 EXECUTION OF THE CONTRACT
Upon approval by the City Council or as governed by the Purchasing Policy (Attachment 2),
the contract shall be signed by the Proposer and returned, along with the required
attachments to the City of La Quinta within ten (10) working days. The period for execution
may be changed by mutual agreement of the parties. Contracts are not effective until
approved by the appropriate City of La Quinta officials. Any work performed prior to receipt
of a fully executed contract shall be at Proposer's own risk.
1.19 FAILURE TO EXECUTE THE CONTRACT
Failure to execute the contract within the time frame identified above shall be sufficient
cause for voiding the award. Failure to comply with other requirements within the set time
shall constitute failure to execute the contract. If the successful Proposer refuses or fails
to execute the contract, the City may award the contract to the next qualified highest ranked
Proposer.
1.20 NON-ENDORSEMENT
If a proposal is accepted, the Proposer shall not issue any news releases or other statements
pertaining to the award or servicing of the agreement which state or imply the City
endorsement of Proposer’s services.
1.21 CONFLICT OF INTEREST
The City requires a Statement of Economic Interest (Form 700) to be filed by any proposer
who is involved in the making, of the decisions which may have a foreseeable material effect
on any City financial interest [reference Government Code § 82019].
1.22 METHOD OF PAYMENT AND CEILING PRICE
Due to the nature of the work, the final contract will be paid for by Time and Materials Not
to Exceed in accordance with the approved rates and negotiated profit margin. In no
circumstances will the contract value exceed $200,000 (Ceiling Price) during the term of
the agreement, unless the scope of work is modified with a contract amendment.
1.23 Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352
Contractors who apply or bid for an award of $100,000 or more shall file the required
certification, included in Exhibit 1. Each tier certifies to the tier above that it will not and
has not used Federal appropriated funds to pay any person or organization for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress,
officer or employee of Congress, or an employee of a Member of Congress in connection
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with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.
Each tier shall also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to
tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
SECTION II
INTRODUCTION
2.1 INTRODUCTION
The City is requesting proposals from qualified institutions for project management
services. The primary objective of this proposal is to obtain the most efficient, high
quality services at the most reasonable cost.
The City of La Quinta is located 120 miles east of Los Angeles in the eastern portion
of Riverside County known as the Coachella Valley. The City is governed by a five-
member City Council under the Council/Manager form of government. The City was
originally incorporated in 1982 as a general law City and became a charter city in
November 1996.
The City provides a range of services, which include construction and maintenance of
streets and other infrastructure; community development and planning; construction
and code compliance; recreational and cultural activities; and general municipal
services.
The City contracts with other government agencies and organizations for specific
services, including police and fire protection, library and museum services, water and
sewer service, electricity service, refuse collection, public transit, and street
sweeping.
The City is also financially accountable for a legally separate Successor Agency for
the former Redevelopment Agency, a Financing Authority, and a Housing Authority.
The City of La Quinta (City) is seeking a qualified third-party consulting firm to
manage the documentation associated with COVID-19 pandemic. Following the State
of California emergency declaration (March 4, 2020), the City declared a local s tate
of emergency on March 17, 2020 and subsequently filed for Federal Emergency
Management Assistance (FEMA) on March 22, 2020. In addition, on March 8, 2020,
the Riverside County Public Health Officer declared a local health emergency based
on an imminent and proximate threat to public health from the introduction of COVID-
19 in the County of Riverside.
The City has been tracking payroll, supply expenses, and donations associated with
the incident. However, additional follow up documentation and the organization of
such documentation is desired.
City Staff shall continue to adhere to all current Personnel, Purchasing, Cash
Handling, and Accounts Receivables Policies. The Consultant shall not be responsible
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for verification of Policy adherence. Adherence to Policies will be the responsibility of
City Staff.
City Staff shall also be responsible for monitoring all FEMA, Federal, State, County
and Local pronouncements regarding COVID-19. These pronouncements shall govern
the scope of work provided to the Consultant. City Staff shall also prepare and
respond to all reporting requirements under FEMA (bi-weekly and quarterly).
This Contract will be partially reimbursed by FEMA Public Assistance Funding as
authorized under the appropriate Presidential Emergency Declaration. As such,
proposers hereby acknowledge that the contract work shall comply with all applicable
Federal laws, regulations, executive orders, and FEMA requirements.
Additional information regarding the City’s response to COVID-19 may be found
online at:
https://storymaps.arcgis.com/stories/005ca889efd940b3b8480454cc4c47bd
The City will endeavor to administer the proposal process in accordance with the
terms and dates outlined in this RFP, however, the City reserves the right to modify
the activities, time line, or any other aspect of the process at any time, as deemed
necessary by City staff. By requesting the proposals, the City is in no way obligated
to award a contract or pay the expenses of proposer in connection with the
preparation or submission of a proposal. The decision to award any contract to a
particular Consultant will be based on a variety of factors as listed in the RFP. It is in
the City’s interest to do business with professionals who are dedicated to the
government market. No single factor will determine the final award decision.
SECTION III
3.1 SCHEDULE OF EVENTS
Advertisement April 24, 2020
Release of Request for Proposal April 24, 2020
Deadline for Receipt of Proposals May 15, 2020 at 5:00PM
Evaluation Period May 16 – 25, 2020
30-minute Zoom Interview of Top 3
Qualified Proposers
May 26-27, 2020
Tentative Contract Award Date June 2, 2020
*NOTE: The dates after receipt of proposal may be adjusted without further notice.
City of La Quinta
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SECTION IV
PROPOSER QUALIFICATIONS AND PROPOSED WORKFLOW
4.1 PROPOSER QUALIFICATIONS
4.0 In addition to meeting all other requirements of this RFP, all responding
Proposers shall furnish verifiable evidence that their firm and personnel, at a
minimum, meet the following qualifications.
a. Be a Federal or State of California chartered institution.
b. Be capable of providing the services sought by the City.
c. The Consultant shall have an understanding and background in the following
areas: project management, financial analysis, report writing, maintaining and
reconciling records.
d. Knowledge of government audits and emergency preparedness is highly
desirable.
e. Agree to assign experienced and dedicated staff committed and capable of
servicing the City’s project.
f. The consultant shall primarily work remotely (City offices are currently
closed to the public, including consultants). Under COVID-19 regulations
issued by the State and City shelter in place orders shall be abided by until
otherwise notified.
g. The consultant shall furnish their own computer, phone, have remote access
to a secure electronic deposit repository for documentation tracking.
h. In addition, the Consultant shall be well versed and have the ability to use
Zoom and Microsoft Teams for meetings.
i. The consultant will be expected to communicate with City staff via email, by
phone, with Zoom and Teams, or by mail when necessary.
j. Consultant shall have an adequate financial management system in
accordance with 2 CFR 200.
4.2 PROPOSED WORKFLOW AND SCOPE OF WORK
City of La Quinta Finance department shall obtain and review all activity logs from
City employees to determine if COVID-19 work was completed. Activity logs
determined to have work associated with COVID-19 shall be sent to the Consultant
along with the employee’s payroll log for the pay period.
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The Consultant shall contact the employee or a designated department personnel
representative directly to obtain additional information necessary to justify and
document the work related to COVID-19.
Consultant services may include the following:
• Work with City staff to compile a comprehensive list of disaster related
repairs, damage mitigation efforts, possible improvements and collect and
compile cost documentation.
• Ensure all eligible costs/damages have been identified and reported to
insurance, FEMA and Cal OES in an appropriate and timely manner.
• Provide quality assurance and quality control support and general eligibility
guidance for all State and federal grant programs.
• Coordinate and manage deliverables with insurance, FEMA, and CAL OES.
• Assist the City in insurance claim preparation, coordination and advice
through insurance adjustment process.
• Assist the City during Applicant’s Briefings with FEMA and the State, assisting
with relationship development, requesting additional programmatic details
and clarifications that will assist the City during the grant process.
• Collaborate with the City on project formulation, including damage
assessments (field team assessment of damages including a comprehensive
list of damaged structures, contents, etc.); Information gathering (photo-
document damages, gather records, drawings, insurance policies, historical
photos/videos, etc.); project development (define both small and large
projects’ scope, size, and damages, including cost estimating, that will be the
basis of each Project Worksheet); project submittals (draft and submit small
and large project public works to CAL OES/FEMA).
Additional documentation and tracking may include but is not limited to:
• FEMA ICS-214 Activity Log Form (Attachment 3)
• Gathering and labeling of pictures provided by Staff
• Interviewing employees
• Estimating the value of donations
• Documenting and tracking donations
o The City currently has donated the following items related to COVID-19
(additional donations may occur)
▪ Face shields produced by the City
▪ Food donations
▪ Childcare facility
▪ Face masks
• Tracking overtime and regular payroll hours worked in response to COVID-19
o City Staff shall provide timesheets (payroll staff will be available as
needed by the Consultant)
o City’s financial software is tracking remote work hours and Federal IRS
guidelines for COVID-19
• Tracking of volunteer hours. The City has or intends to use the following
volunteers to respond to COVID-19.
o Finance Advisory Commission
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o Citizens on Patrol
o Community Emergency Response Team
o Short-term Vacation Rental Ad Hoc Committee
o Planning Commission
o Wellness Center Volunteers
o Housing Commission
o Community Services Commission
• Meetings with City Staff, FEMA and/or CalOES representatives as needed
• Submitting documentation to FEMA and Cal/OES along with updating the FEMA
Grants Portal as needed.
o The City will add consultant as an alternative contact on the FEMA Grant
Portal and provide login access.
The Consultant shall provide a written report each Monday by close of business
summarizing the work completed in the prior week (Monday – Sunday).
In addition, ongoing scheduled meetings using Zoom will be conducted as needed to
update the Consultant on operational changes.
SECTION V
EVALUATION AND AWARD CRITERIA
5.1 EVALUATION METHOD
The selection of the Consultant to provide Project Management services to the City will be
based on a comprehensive review of the qualifications as presented in this proposal, overall
price and cost to the City, the experience and success of the Consultant in providing similar
services to similar clients, the firm’s ability to provide the services outlined in the RFP and
an evaluation of the firm’s ability to be a good business partner with the City.
Proposals will be reviewed and evaluated by an evaluation committee comprised of City of
La Quinta Finance personnel, one Financial Advisory Commission member (La Quinta
residents, appointed by City Council), and the Senior Emergency Management Coordinator.
Award will be made in the best interest of the City of La Quinta.
5.2 EVALUATION CRITERIA
The proposals will be evaluated and ranked in accordance with the evaluation criteria
described below.
• Overall cost to City and ability to guarantee pricing for contract period.
o 30 Points
• Quality references and overall experience with public agencies including record of
past performance.
o 25 Points
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• Qualifications, integrity, financial and technical resources, and strength of the
proposed assigned team.
o 25 Points
• Other qualitative characteristics as may be presented in the RFP, including
compliance with public policy.
o 20 Points
Discussions will be conducted with the most qualified bidders for the purpose of
clarification to assure the full understanding of, and conformance to, the solicitation
requirements.
SECTION VI
PROPOSAL INSTRUCTIONS, FORMAT, AND SCOPE OF WORK
6.1 INSTRUCTIONS
To be considered responsive to this RFP, Proposer must submit proposals in the format
identified in this section. All requirements in the RFP must be addressed and all requested
data must be supplied. The City of La Quinta reserves the right to request additional
information that, in the City’s opinion, is necessary to assure the Proposer’s competence,
number of qualified employees, business organization, and financial resources are adequate
to perform according to contract. The City also reserves the right to reject any and all
proposals, to waive any non-material irregularities or informalities, and to accept or reject
any item or combination of items. This RFP and the firm’s response, including all
promises, warranties, commitments, and representations made in the successful proposal,
will become binding contractual obligations. Proposed services and related pricing and
warranties contained in the proposal must be valid for a period of 30 days after the
submission of the proposal. Any questions concerning the RFP must be submitted via email
to kromero@laquintaca.gov.
6.2 DELIVERY OF PROPOSALS
a. All proposals shall be submitted in a PDF file format by email only to:
finance@laquintaca.gov and
kromero@laquintaca.gov
b. Proposals must be received no later than 5:00 p.m., Friday, May 1, 2020. Late
submissions or submission other than email will not be accepted.
6.3 PREPARATION OF PROPOSALS
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Proposals should be prepared in such a way as to provide a straightforward, concise
delineation of capabilities to satisfy the requirements of this RFP. Emphasis should be on
completeness and clarity of content.
Responses should be:
• limited to no more than 10 pages,
• focus on statement of qualifications, references with similar projects, remote
access technology, key personnel who would be assigned to the City, and
• detailed cost estimate by assigned individual, which includes direct labor costs,
indirect/overhead rates, and proposed profit margin
• SAM.gov entity registration number.
• Appendix A – Certification Regarding Lobbying
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EXHIBIT 1
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an officer
or employee of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included
in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that
all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352,
title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The Contractor, _________________________, certifies or affirms the truthfulness
and accuracy of each statement of its certification and disclosure, if any. In addition,
the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38,
Administrative Remedies for False Claims and Statements, apply to this certification
and disclosure, if any.
Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized Official
Date
AGREEMENT FOR CONTRACT SERVICES
TH IS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made
and entered into by and between the CITY OF LA QUINTA, (“City”), a California
municipal corporation, and Name[insert the type of business entity, e.g. sole
proprietorship, CA Limited Liability Corp, an S Corp.] (“Contracting Party”).
The parties hereto agree as follows:
1.SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and conditions of
this Agreement, Contracting Party shall provide those services related to
Project Management of Federal Emergency Management Agency
documentation, as specified in the “Scope of Services” attached hereto as
“Exhibit A” and incorporated herein by this reference (the “Services”).
Contracting Party represents and warrants that Contracting Party is a provider
of first-class work and/or services and Contracting Party is experienced in
performing the Services contemplated herein and, in light of such status and
experience, Contracting Party covenants that it shall follow industry standards
in performing the Services required hereunder, and that all materials, if any,
will be of good quality, fit for the purpose intended. For purposes of this
Agreement, the phrase “industry standards” shall mean those standards of
practice recognized by one or more first-class firms performing similar
services under similar circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules,
regulations, and laws of the City and any Federal, State, or local governmental
agency of competent jurisdiction.
1.3 Wage and Hour Compliance, Contracting Party shall comply with
applicable Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise
specified herein, Contracting Party shall obtain at its sole cost and expense
such licenses, permits, and approvals as may be required by law for the
performance of the Services required by this Agreement, including a City of
La Quinta business license. Contracting Party and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times
during the term of this Agreement any licenses, permits, and approvals that
are legally required for the performance of the Services required by this
Agreement. Contracting Party shall have the sole obligation to pay for any
fees, assessments, and taxes, plus applicable penalties and interest, which
may be imposed by law and arise from or are necessary for the performance
of the Services required by this Agreement, and shall indemnify, defend (with
ATTACHMENT 1
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counsel selected by City), and hold City, its elected officials, officers,
employees, and agents, free and harmless against any such fees,
assessments, taxes, penalties, or interest levied, assessed, or imposed
against City hereunder. Contracting Party shall be responsible for all
subcontractors’ compliance with this Section.
1.5 Familiarity with Work. By executing this Agreement, Contracting
Party warrants that (a) it has thoroughly investigated and considered the
Services to be performed, (b) it has carefully considered how the Services
should be performed, and (c) it fully understands the facilities, difficulties, and
restrictions attending performance of the Services under this Agreement.
Should Contracting Party discover any latent or unknown conditions materially
differing from those inherent in the Services or as represented by City,
Contracting Party shall immediately inform City of such fact and shall not
proceed except at Contracting Party’s risk until written instructions are
received from the Contract Officer, or assigned designee (as defined in
Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and
understands that the Services contracted for under this Agreement require
specialized skills and abilities and that, consistent with this understanding,
Contracting Party’s work will be held to an industry standard of quality and
workmanship. Consistent with Section 1.5 hereinabove, Contracting Party
represents to City that it holds the necessary skills and abilities to satisfy the
industry standard of quality as set forth in this Agreement. Contracting Party
shall adopt reasonable methods during the life of this Agreement to furnish
continuous protection to the Services performed by Contracting Party, and the
equipment, materials, papers, and other components thereof to prevent losses
or damages, and shall be responsible for all such damages, to persons or
property, until acceptance of the Services by City, except such losses or
damages as may be caused by City’s own negligence. The performance of
Services by Contracting Party shall not relieve Contracting Party from any
obligation to correct any incomplete, inaccurate, or defective work at no
further cost to City, when such inaccuracies are due to the negligence of
Contracting Party.
1.7 Additional Services. In accordance with the terms and conditions
of this Agreement, Contracting Party shall perform services in addition to
those specified in the Scope of Services (“Additional Services”) only when
directed to do so by the Contract Officer, or assigned designee, provided
that Contracting Party shall not be required to perform any Additional Services
without compensation. Contracting Party shall not perform any Additional
Services until receiving prior written authorization (in the form of a written
change order if Contracting Party is a contractor performing the Services) from
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the Contract Officer, or assigned designee, incorporating therein any
adjustment in (i) the Contract Sum, and/or (ii) the time to perform this
Agreement, which said adjustments are subject to the written approval of
Contracting Party. It is expressly understood by Contracting Party that the
provisions of this Section shall not apply to the Services specifically set forth
in the Scope of Services or reasonably contemplated therein. It is specifically
understood and agreed that oral requests and/or approvals of Additional
Services shall be barred and are unenforceable. Failure of Contracting Party
to secure the Contract Officer’s, or assigned designee’s written authorization
for Additional Services shall constitute a waiver of any and all right to
adjustment of the Contract Sum or time to perform this Agreement, whether
by way of compensation, restitution, quantum meruit, or the like, for
Additional Services provided without the appropriate authorization from the
Contract Officer, or assigned designee. Compensation for properly
authorized Additional Services shall be made in accordance with Section 2.3
of this Agreement.
1.8 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in “Exhibit D”
(the “Special Requirements”), which is incorporated herein by this reference
and expressly made a part hereof. In the event of a conflict between the
provisions of the Special Requirements and any other provisions of this
Agreement, the provisions of the Special Requirements shall govern.
2. COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this
Agreement, Contracting Party shall be compensated in accordance with
“Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed
Two Hundred Thousand Dollars ($200,000.00) for the life of the Agreement.
(the “Contract Sum”), except as provided in Section 1.7. The method of
compensation set forth in the Schedule of Compensation will be payment for
time and materials not to exceed based upon Contracting Party’s rate
schedule, but not exceeding the Contract Sum. The Contract Sum shall
include the attendance of Contracting Party at all project meetings reasonably
deemed necessary by City; Contracting Party shall not be entitled to any
additional compensation for attending said meetings. Compensation may
include reimbursement for actual and necessary expenditures for reproduction
costs, transportation expense, telephone expense, and similar costs and
expenses when and if specified in the Schedule of Compensation. No markup
constituting a cost-plus percentage of cost shall be allowed on any term of
compensation. Regardless of the method of compensation set forth in the
Schedule of Compensation, Contracting Party’s overall compensation shall not
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exceed the Contract Sum, except as provided in Section 1.7 of this
Agreement.
2.2 Method of Billing & Payment. Any month in which Contracting
Party wishes to receive payment, Contracting Party shall submit to City no
later than the tenth (10th) working day of such month, in the form approved
by City’s Finance Director, an invoice for Services rendered prior to the date
of the invoice. Such invoice shall (1) describe in detail the Services provided,
including time and materials, and (2) specify each staff member who has
provided Services and the number of hours assigned to each such staff
member. Upon approval in writing by the Contract Officer, or assigned
designee, and subject to retention pursuant to Section 8.3, City will pay
Contracting Party for all items stated thereon which are approved by City
pursuant to this Agreement no later than thirty (30) days after invoices are
received by the City’s Finance Department.
2.3 Compensation for Additional Services. Additional Services,
including associated costs, shall be approved in advance of the additional
services being rendered by the Contract Officer, or assigned designee,
pursuant to Section 1.7 of this Agreement. This compensation shall be agreed
to in writing by both City and Contracting Party. Any compensation for
Additional Services amounting to five percent (5%) or less of the Contract
Sum may be approved by the Contract Officer, or an assigned designee.
Any greater amount of compensation for Additional Services must be
approved by the La Quinta City Council, the City Manager, or Department
Director, depending upon City laws, regulations, rules and procedures
concerning public contracting. Under no circumstances shall Contracting Party
receive compensation for any Additional Services unless prior written approval
for the Additional Services is obtained from the Contract Officer, or assigned
designee, pursuant to Section 1.7 of this Agreement.
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of
this Agreement. If the Services not completed in accordance with the
Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is
understood that the City will suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this
Agreement shall be performed diligently and within the time period
established in “Exhibit C” (the “Schedule of Performance”). Extensions to the
time period specified in the Schedule of Performance may be approved in
writing by the Contract Officer, or assigned designee.
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3.3 Force Majeure. The time period specified in the Schedule of
Performance for performance of the Services rendered pursuant to this
Agreement shall be extended because of any delays due to unforeseeable
causes beyond the control and without the fault or negligence of Contracting
Party, including, but not restricted to, acts of God or of the public enemy,
fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes,
freight embargoes, acts of any governmental agency other than City, and
unusually severe weather, if Contracting Party shall within ten (10) days of
the commencement of such delay notify the Contract Officer, or assigned
designee, in writing of the causes of the delay. The Contract Officer, or
assigned designee, shall ascertain the facts and the extent of delay, and
extend the time for performing the Services for the period of the forced delay
when and if in the Contract Officer’s judgment such delay is justified, and the
Contract Officer’s determination, or assigned designee, shall be final and
conclusive upon the parties to this Agreement. Extensions to time period in
the Schedule of Performance which are determined by the Contract Officer, or
assigned designee, to be justified pursuant to this Section shall not entitle
the Contracting Party to additional compensation in excess of the Contract
Sum.
Contracting Party acknowledges services are to be rendered in response to
the COVID-19 Pandemic. Following the State of California emergency
declaration (March 4, 2020), the City declared a local state of emergency on
March 17, 2020 and subsequently filed for Federal Emergency Management
Assistance (FEMA) on March 22, 2020. In addition, on March 8, 2020, the
Riverside County Public Health Officer declared a local health emergency
based on an imminent and proximate threat to public health from the
introduction of COVID-19 in the County of Riverside.
The consultant shall primarily work remotely (City offices are currently
closed to the public, including consultants). Under COVID-19 regulations
issued by the State and City shelter in place orders shall be abided by until
otherwise notified.
3.4 Term. Unless earlier terminated in accordance with the provisions
in Article 8.0 of this Agreement, the term of this agreement shall commence
on June 2, 2020, and terminate on June 30, 2023.
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4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of
Contracting Party (“Principals”) are hereby designated as being the principals
and representatives of Contracting Party authorized to act in its behalf with
respect to the Services specified herein and make all decisions in connection
therewith:
(a) To be Determined
Tel No.
E-mail:
(b) XYZ
Tel No.
E-mail:
It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing Principals were a substantial inducement for City
to enter into this Agreement. Therefore, the foregoing Principals shall be
responsible during the term of this Agreement for directing all activities of
Contracting Party and devoting sufficient time to personally supervise the
Services hereunder. For purposes of this Agreement, the foregoing Principals
may not be changed by Contracting Party and no other personnel may be
assigned to perform the Services required hereunder without the express
written approval of City.
4.2 Contract Officer. The “Contract Officer”, otherwise known as
the Karla Romero, Finance Director or assigned designee may be
designated in writing by the City Manager of the City. It shall be Contracting
Party’s responsibility to assure that the Contract Officer, or assigned
designee, is kept informed of the progress of the performance of the Services,
and Contracting Party shall refer any decisions, that must be made by City to
the Contract Officer, or assigned designee. Unless otherwise specified
herein, any approval of City required hereunder shall mean the approval of
the Contract Officer, or assigned designee. The Contract Officer, or
assigned designee, shall have authority to sign all documents on behalf of
City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The
experience, knowledge, capability, and reputation of Contracting Party, its
principals, and its employees were a substantial inducement for City to enter
into this Agreement. Except as set forth in this Agreement, Contracting Party
shall not contract or subcontract with any other entity to perform in whole or
in part the Services required hereunder without the express written approval
of City. In addition, neither this Agreement nor any interest herein may be
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transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or
by operation of law, without the prior written approval of City. Transfers
restricted hereunder shall include the transfer to any person or group of
persons acting in concert of more than twenty five percent (25%) of the
present ownership and/or control of Contracting Party, taking all transfers into
account on a cumulative basis. Any attempted or purported assignment or
contracting or subcontracting by Contracting Party without City’s express
written approval shall be null, void, and of no effect. No approved transfer
shall release Contracting Party of any liability hereunder without the express
consent of City.
4.4 Independent Contractor. Neither City nor any of its employees
shall have any control over the manner, mode, or means by which Contracting
Party, its agents, or its employees, perform the Services required herein,
except as otherwise set forth herein. City shall have no voice in the selection,
discharge, supervision, or control of Contracting Party’s employees, servants,
representatives, or agents, or in fixing their number or hours of service.
Contracting Party shall perform all Services required herein as an independent
contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role.
Contracting Party shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of City. City shall not
in any way or for any purpose become or be deemed to be a partner of
Contracting Party in its business or otherwise or a joint venture or a member
of any joint enterprise with Contracting Party. Contracting Party shall have
no power to incur any debt, obligation, or liability on behalf of City.
Contracting Party shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of City. Except for
the Contract Sum paid to Contracting Party as provided in this Agreement,
City shall not pay salaries, wages, or other compensation to Contracting Party
for performing the Services hereunder for City. City shall not be liable for
compensation or indemnification to Contracting Party for injury or sickness
arising out of performing the Services hereunder. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the
contrary, Contracting Party and any of its employees, agents, and
subcontractors providing services under this Agreement shall not qualify for
or become entitled to any compensation, benefit, or any incident of
employment by City, including but not limited to eligibility to enroll in the
California Public Employees Retirement System (“PERS”) as an employee of
City and entitlement to any contribution to be paid by City for employer
contributions and/or employee contributions for PERS benefits. Contracting
Party agrees to pay all required taxes on amounts paid to Contracting Party
under this Agreement, and to indemnify and hold City harmless from any and
all taxes, assessments, penalties, and interest asserted against City by reason
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of the independent contractor relationship created by this Agreement.
Contracting Party shall fully comply with the workers’ compensation laws
regarding Contracting Party and Contracting Party’s employees. Contracting
Party further agrees to indemnify and hold City harmless from any failure of
Contracting Party to comply with applicable workers’ compensation laws. City
shall have the right to offset against the amount of any payment due to
Contracting Party under this Agreement any amount due to City from
Contracting Party as a result of Contracting Party’s failure to promptly pay to
City any reimbursement or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party
represents that it employs or will employ at its own expense all personnel
required for the satisfactory performance of any and all of the Services set
forth herein. Contracting Party represents that the Services required herein
will be performed by Contracting Party or under its direct supervision, and
that all personnel engaged in such work shall be fully qualified and shall be
authorized and permitted under applicable State and local law to perform such
tasks and services.
4.6 City Cooperation. City shall provide Contracting Party with any
publications, reports, statistics, records, or other data or information pertinent
to the Services to be performed hereunder which are reasonably available to
Contracting Party only from or through action by City.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this
Agreement and throughout the duration of the term of this Agreement,
Contracting Party shall procure and maintain, at its sole cost and expense,
and submit concurrently with its execution of this Agreement, policies of
insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is
incorporated herein by this reference and expressly made a part hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of
Insurance to Agency along with all required endorsements. Certificate of
Insurance and endorsements must be approved by Agency’s Risk Manager
prior to commencement of performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law,
Contracting Party shall indemnify, protect, defend (with counsel selected by
City), and hold harmless City and any and all of its officers, employees,
agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is
incorporated herein by this reference and expressly made a part hereof.
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7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit
to the Contract Officer, or assigned designee, such reports concerning
Contracting Party’s performance of the Services required by this Agreement
as the Contract Officer, or assigned designee, shall require. Contracting
Party hereby acknowledges that City is greatly concerned about the cost of
the Services to be performed pursuant to this Agreement. For this reason,
Contracting Party agrees that if Contracting Party becomes aware of any facts,
circumstances, techniques, or events that may or will materially increase or
decrease the cost of the Services contemplated herein or, if Contracting Party
is providing design services, the cost of the project being designed,
Contracting Party shall promptly notify the Contract Officer, or assigned
designee, of said fact, circumstance, technique, or event and the estimated
increased or decreased cost related thereto and, if Contracting Party is
providing design services, the estimated increased or decreased cost estimate
for the project being designed.
7.2 Records. Contracting Party shall keep, and require any
subcontractors to keep, such ledgers, books of accounts, invoices, vouchers,
canceled checks, reports (including but not limited to payroll reports), studies,
or other documents relating to the disbursements charged to City and the
Services performed hereunder (the “Books and Records”), as shall be
necessary to perform the Services required by this Agreement and enable the
Contract Officer, or assigned designee, to evaluate the performance of such
Services. Any and all such Books and Records shall be maintained in
accordance with generally accepted accounting principles and shall be
complete and detailed. The Contract Officer, or assigned designee, the
FEMA Administrator, the Comptroller General of the United States, or
any of their authorized representatives shall have full and free access to
such Books and Records at all times during normal business hours of City,
including the right to inspect, copy, audit, and make records and transcripts
from such Books and Records. Such Books and Records shall be maintained
for a period of three (3) years following completion of the Services hereunder,
and City, the FEMA Administrator, the Comptroller General of the United
States, or any of their authorized representatives shall have access to such
Books and Records in the event any audit is required. In the event of
dissolution of Contracting Party’s business, custody of the Books and Records
may be given to City, and access shall be provided by Contracting Party’s
successor in interest. Under California Government Code Section 8546.7, if
the amount of public funds expended under this Agreement exceeds Ten
Thousand Dollars ($10,000.00), this Agreement shall be subject to the
examination and audit of the State Auditor, at the request of City or as part
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of any audit of City, for a period of three (3) years after final payment under
this Agreement.
In compliance with the Disaster Recovery Act of 2018, the City and the
Contracting Party acknowledge and agree that no language in this Contract is
intended to prohibit audits or internal reviews by the FEMA Administrator or
the Comptroller General of the United States.
7.3 Ownership of Documents. All drawings, specifications, maps,
designs, photographs, studies, surveys, data, notes, computer files, reports,
records, documents, and other materials plans, drawings, estimates, test
data, survey results, models, renderings, and other documents or works of
authorship fixed in any tangible medium of expression, including but not
limited to, physical drawings, digital renderings, or data stored digitally,
magnetically, or in any other medium prepared or caused to be prepared by
Contracting Party, its employees, subcontractors, and agents in the
performance of this Agreement (the “Documents and Materials”) shall be the
property of City and shall be delivered to City upon request of the Contract
Officer, or assigned designee, or upon the expiration or termination of this
Agreement, and Contracting Party shall have no claim for further employment
or additional compensation as a result of the exercise by City of its full rights
of ownership use, reuse, or assignment of the Documents and Materials
hereunder. Any use, reuse or assignment of such completed Documents and
Materials for other projects and/or use of uncompleted documents without
specific written authorization by Contracting Party will be at City’s sole risk
and without liability to Contracting Party, and Contracting Party’s guarantee
and warranties shall not extend to such use, revise, or assignment.
Contracting Party may retain copies of such Documents and Materials for its
own use. Contracting Party shall have an unrestricted right to use the
concepts embodied therein. All subcontractors shall provide for assignment
to City of any Documents and Materials prepared by them, and in the event
Contracting Party fails to secure such assignment, Contracting Party shall
indemnify City for all damages resulting therefrom.
7.4 In the event City or any person, firm, or corporation authorized
by City reuses said Documents and Materials without written verification or
adaptation by Contracting Party for the specific purpose intended and causes
to be made or makes any changes or alterations in said Documents and
Materials, City hereby releases, discharges, and exonerates Contracting Party
from liability resulting from said change. The provisions of this clause shall
survive the termination or expiration of this Agreement and shall thereafter
remain in full force and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a non-
exclusive and perpetual license for City to copy, use, modify, reuse, or
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sublicense any and all copyrights, designs, rights of reproduction, and other
intellectual property embodied in the Documents and Materials. Contracting
Party shall require all subcontractors, if any, to agree in writing that City is
granted a non-exclusive and perpetual license for the Documents and
Materials the subcontractor prepares under this Agreement. Contracting Party
represents and warrants that Contracting Party has the legal right to license
any and all of the Documents and Materials. Contracting Party makes no such
representation and warranty in regard to the Documents and Materials which
were prepared by design professionals other than Contracting Party or
provided to Contracting Party by City. City shall not be limited in any way in
its use of the Documents and Materials at any time, provided that any such
use not within the purposes intended by this Agreement shall be at City’s sole
risk.
7.6 Release of Documents. The Documents and Materials shall not be
released publicly without the prior written approval of the Contract Officer, or
assigned designee, or as required by law. Contracting Party shall not
disclose to any other entity or person any information regarding the activities
of City, except as required by law or as authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting
Party covenants that all City data, data lists, trade secrets, documents with
personal identifying information, documents that are not public records, draft
documents, discussion notes, or other information, if any, developed or
received by Contracting Party or provided for performance of this Agreement
are deemed confidential and shall not be disclosed by Contracting Party to any
person or entity without prior written authorization by City or unless required
by law. City shall grant authorization for disclosure if required by any lawful
administrative or legal proceeding, court order, or similar directive with the
force of law. All City data, data lists, trade secrets, documents with personal
identifying information, documents that are not public records, draft
documents, discussions, or other information shall be returned to City upon
the termination or expiration of this Agreement. Contracting Party’s covenant
under this section shall survive the termination or expiration of this
Agreement.
8. ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be interpreted, construed,
and governed both as to validity and to performance of the parties in
accordance with the laws of the State of California. Legal actions concerning
any dispute, claim, or matter arising out of or in relation to this Agreement
shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and Contracting
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Party covenants and agrees to submit to the personal jurisdiction of such court
in the event of such action.
8.2 Disputes. In the event of any dispute arising under this
Agreement, the injured party shall notify the injuring party in writing of its
contentions by submitting a claim therefore. The injured party shall continue
performing its obligations hereunder so long as the injuring party commences
to cure such default within ten (10) days of service of such notice and
completes the cure of such default within forty-five (45) days after service of
the notice, or such longer period as may be permitted by the Contract Officer,
or assigned designee; provided that if the default is an immediate danger to
the health, safety, or general welfare, City may take such immediate action
as City deems warranted. Compliance with the provisions of this Section shall
be a condition precedent to termination of this Agreement for cause and to
any legal action, and such compliance shall not be a waiver of any party’s right
to take legal action in the event that the dispute is not cured, provided that
nothing herein shall limit City’s right to terminate this Agreement without
cause pursuant to this Article 8.0. During the period of time that Contracting
Party is in default, City shall hold all invoices and shall, when the default is
cured, proceed with payment on the invoices. In the alternative, City may, in
its sole discretion, elect to pay some or all of the outstanding invoices during
any period of default.
8.3 Retention of Funds. City may withhold from any monies payable
to Contracting Party sufficient funds to compensate City for any losses, costs,
liabilities, or damages it reasonably believes were suffered by City due to the
default of Contracting Party in the performance of the Services required by
this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or
remedy of a non-defaulting party on any default shall impair such right or
remedy or be construed as a waiver. City’s consent or approval of any act by
Contracting Party requiring City’s consent or approval shall not be deemed to
waive or render unnecessary City’s consent to or approval of any subsequent
act of Contracting Party. Any waiver by either party of any default must be in
writing and shall not be a waiver of any other default concerning the same or
any other provision of this Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to
rights and remedies expressly declared to be exclusive in this Agreement, the
rights and remedies of the parties are cumulative and the exercise by either
party of one or more of such rights or remedies shall not preclude the exercise
by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other party.
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8.6 Legal Action. In addition to any other rights or remedies, either
party may take legal action, at law or at equity, to cure, correct, or remedy
any default, to recover damages for any default, to compel specific
performance of this Agreement, to obtain declaratory or injunctive relief, or
to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Termination Prior To Expiration of Term. This Section shall govern
any termination of this Agreement, except as specifically provided in the
following Section for termination for cause. City reserves the right to
terminate this Agreement at any time, with or without cause, upon thirty
(30) days’ written notice to Contracting Party. Upon receipt of any notice of
termination, Contracting Party shall immediately cease all Services hereunder
except such as may be specifically approved by the Contract Officer, or
assigned designee. Contracting Party shall be entitled to compensation for
all Services rendered prior to receipt of the notice of termination and for any
Services authorized by the Contract Officer, or assigned designee, thereafter
in accordance with the Schedule of Compensation or such as may be approved
by the Contract Officer, or assigned designee, except amounts held as a
retention pursuant to this Agreement.
8.8 Termination for Default of Contracting Party. If termination is due
to the failure of Contracting Party to fulfill its obligations under this Agreement,
Contracting Party shall vacate any City-owned property which Contracting
Party is permitted to occupy hereunder and City may, after compliance with
the provisions of Section 8.2, take over the Services and prosecute the same
to completion by contract or otherwise, and Contracting Party shall be liable
to the extent that the total cost for completion of the Services required
hereunder exceeds the compensation herein stipulated (provided that City
shall use reasonable efforts to mitigate such damages), and City may withhold
any payments to Contracting Party for the purpose of setoff or partial payment
of the amounts owed City.
8.9 Attorneys’ Fees. If either party to this Agreement is required to
initiate or defend or made a party to any action or proceeding in any way
connected with this Agreement, the prevailing party in such action or
proceeding, in addition to any other relief which may be granted, whether
legal or equitable, shall be entitled to reasonable attorneys’ fees; provided,
however, that the attorneys’ fees awarded pursuant to this Section shall not
exceed the hourly rate paid by City for legal services multiplied by the
reasonable number of hours spent by the prevailing party in the conduct of
the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and
in addition a party entitled to attorneys’ fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and
discovery, and all other necessary costs the court allows which are incurred in
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such litigation. All such fees shall be deemed to have accrued on
commencement of such action and shall be enforceable whether or not such
action is prosecuted to judgment. The court may set such fees in the same
action or in a separate action brought for that purpose.
9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non-liability of City Officers and Employees. No officer, official,
employee, agent, representative, or volunteer of City shall be personally liable
to Contracting Party, or any successor in interest, in the event or any default
or breach by City or for any amount which may become due to Contracting
Party or to its successor, or for breach of any obligation of the terms of this
Agreement.
9.2 Conflict of Interest. Contracting Party covenants that neither it,
nor any officer or principal of it, has or shall acquire any interest, directly or
indirectly, which would conflict in any manner with the interests of City or
which would in any way hinder Contracting Party’s performance of the
Services under this Agreement. Contracting Party further covenants that in
the performance of this Agreement, no person having any such interest shall
be employed by it as an officer, employee, agent, or subcontractor without
the express written consent of the Contract Officer, or assigned designee.
Contracting Party agrees to at all times avoid conflicts of interest or the
appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
No officer or employee of City shall have any financial interest, direct
or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to this Agreement which effects his financial
interest or the financial interest of any corporation, partnership or association
in which he is, directly or indirectly, interested, in violation of any State statute
or regulation. Contracting Party warrants that it has not paid or given and will
not pay or give any third party any money or other consideration for obtaining
this Agreement.
9.3 Covenant against Discrimination. Contracting Party covenants
that, by and for itself, its heirs, executors, assigns, and all persons claiming
under or through them, that there shall be no discrimination against or
segregation of, any person or group of persons on account of any
impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry in
the performance of this Agreement. Contracting Party shall take affirmative
action to ensure that applicants are employed and that employees are treated
during employment without regard to their race, color, creed, religion, sex,
marital status, sexual orientation, national origin, or ancestry.
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10. MISCELLANEOUS PROVISIONS.
10.1 Notice. Any notice, demand, request, consent, approval, or
communication either party desires or is required to give the other party or
any other person shall be in writing and either served personally or sent by
prepaid, first-class mail to the address set forth below. Either party may
change its address by notifying the other party of the change of address in
writing. Notice shall be deemed communicated forty-eight (48) hours from
the time of mailing if mailed as provided in this Section.
To City:
CITY OF LA QUINTA
Attention: Karla Romero
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
VENDORS COMPANY NAME
VENDORS CONTACT
VENDORS STREET ADDRESS
VENDORS CITY, STATE, ZIP
10.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed
for or against either party by reason of the authorship of this Agreement or
any other rule of construction which might otherwise apply.
10.3 Section Headings and Subheadings. The section headings and
subheadings contained in this Agreement are included for convenience only
and shall not limit or otherwise affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts,
each of which shall be deemed to be an original, and such counterparts shall
constitute one and the same instrument
10.5 Integrated Agreement. This Agreement including the exhibits
hereto is the entire, complete, and exclusive expression of the understanding
of the parties. It is understood that there are no oral agreements between
the parties hereto affecting this Agreement and this Agreement supersedes
and cancels any and all previous negotiations, arrangements, agreements,
and understandings, if any, between the parties, and none shall be used to
interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement
shall be valid unless made in writing and approved by Contracting Party and
by the City Council of City. The parties agree that this requirement for written
modifications cannot be waived and that any attempted waiver shall be void.
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10.7 Severability. In the event that any one or more of the articles,
phrases, sentences, clauses, paragraphs, or sections contained in this
Agreement shall be declared invalid or unenforceable, such invalidity or
unenforceability shall not affect any of the remaining articles, phrases,
sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders
this Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement,
Contracting Party offers and agrees to assign to City all rights, title, and
interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2,
(commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, services, or materials
related to this Agreement. This assignment shall be made and become
effective at the time City renders final payment to Contracting Party without
further acknowledgment of the parties.
10.9 No Third-Party Beneficiaries. With the exception of the specific
provisions set forth in this Agreement, there are no intended third-party
beneficiaries under this Agreement and no such other third parties shall have
any rights or obligations hereunder.
10.10 Equal Employment Opportunity. During the performance of this
contract, the Contracting Party agrees as follows:
(a) The Contracting Party will not discriminate against any
employee or applicant for employment because of race, color, religion,
sex, sexual orientation, gender identity, or national origin. The
Contracting Party will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment
without regard to their race, color, religion, sex, sexual orientation,
gender identity, or national origin. Such action shall include, but not be
limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including
apprenticeship. The Contracting Party agrees to post in
conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of
this nondiscrimination clause.
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(b) The Contracting Party will, in all solicitations or
advertisements for employees placed by or on behalf of the Contracting
Party, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
(c) The Contracting Party will not discharge or in any other
manner discriminate against any employee or applicant for employment
because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in
which an employee who has access to the compensation information of
other employees or applicants as a part of such employee's essential job
functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint
or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is
consistent with the Contracting Party’s legal duty to furnish information.
(d) The Contracting Party will send to each labor union or
representative of workers with which he has a collective bargaining
agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the
Contracting Party’s commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and
applicants for employment.
(e) The Contracting Party will comply with all provisions of
Executive Order 11246 of September 24, 1965, and of the rules,
regulations, and relevant orders of the Secretary of Labor.
(f) The Contracting Party will furnish all information and reports
required by Executive Order 11246 of September 24, 1965, and by
rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by
the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
(g) In the event of the Contracting Party’s noncompliance with
the nondiscrimination clauses of this contract or with any of the said
rules, regulations, or orders, this contract may be canceled, terminated,
or suspended in whole or in part and the Contracting Party may be
declared ineligible for further Government contracts or federally assisted
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construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
(h) The Contracting Party will include the portion of the
sentence immediately preceding paragraph (a) and the provisions of
paragraphs (a) through (h) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contracting Party will take such action with
respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance:
Provided, however, that in the event a Contracting Party becomes
involved in, or is threatened with, litigation with a subcontractor
or vendor as a result of such direction by the administering
agency, the Contracting Party may request the United States to
enter into such litigation to protect the interests of the United
States.
The applicant further agrees that it will be bound by the above
equal opportunity clause with respect to its own employment
practices when it participates in federally assisted construction
work: Provided, That if the applicant so participating is a State or
local government, the above equal opportunity clause is not
applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the
contract.
The applicant agrees that it will assist and cooperate actively with
the administering agency and the Secretary of Labor in obtaining
the compliance of contractors and subcontractors with the equal
opportunity clause and the rules, regulations, and relevant orders
of the Secretary of Labor, that it will furnish the administering
agency and the Secretary of Labor such information as they may
require for the supervision of such compliance, and that it will
otherwise assist the administering agency in the discharge of the
agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into
any contract or contract modification subject to Executive Order
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11246 of September 24, 1965, with a contractor debarred from,
or who has not demonstrated eligibility for, Government contracts
and federally assisted construction contracts pursuant to the
Executive Order and will carry out such sanctions and penalties
for violation of the equal opportunity clause as may be imposed
upon contractors and subcontractors by the administering agency
or the Secretary of Labor pursuant to Part II, Subpart D of the
Executive Order. In addition, the applicant agrees that if it fails or
refuses to comply with these undertakings, the administering
agency may take any or all of the following actions: Cancel,
terminate, or suspend in whole or in part this grant (contract,
loan, insurance, guarantee); refrain from extending any further
assistance to the applicant under the program with respect to
which the failure or refund occurred until satisfactory assurance
of future compliance has been received from such applicant; and
refer the case to the Department of Justice for appropriate legal
proceedings.
10.11 Compliance with the Contract Work Hours and Safety Standards
Act.
Overtime requirements. No Contracting Party or subcontractor
contracting for any part of the contract work which may require or involve the
employment of laborers or mechanics shall require or permit any such laborer
or mechanic in any workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of forty hours in
such workweek.
Violation; liability for unpaid wages; liquidated damages. In the event
of any violation of the clause set forth in paragraph (1) of this section the
Contracting Party and any subcontractor responsible therefor shall be liable
for the unpaid wages. In addition, such Contracting Party and subcontractor
shall be liable to the United States (in the case of work done under contract
for the District of Columbia or a territory, to such District or to such territory),
for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph (1) of this
section, in the sum of $27 for each calendar day on which such individual was
required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth
in paragraph (1) of this section.
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Withholding for unpaid wages and liquidated damages. The City shall
upon its own action or upon written request of an authorized representative
of the Department of Labor withhold or cause to be withheld, from any moneys
payable on account of work performed by the Contracting Party or
subcontractor under any such contract or any other Federal contract with the
same Contracting Party, or any other federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be necessary to satisfy
any liabilities of such Contracting Party or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (2) of this
section.
Subcontracts. The Contracting Party or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (1) through (4) of this section
and also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The Contracting Party shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses
set forth in paragraphs (1) through (4) of this section.
10.12 Clean Air Act. The Contracting Party agrees to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air
Act, as amended, 42 U.S.C. § 7401 et seq.
The Contracting Party agrees to report each violation to the City and
understands and agrees that the City will, in turn, report each violation as
required to assure notification to the Federal Emergency Management Agency,
and the appropriate Environmental Protection Agency Regional Office.
The Contracting Party agrees to include these requirements in each
subcontract exceeding $150,000 financed in whole or in part with Federal
assistance provided by FEMA.
10.13 Federal Water Pollution Control Act. The Contracting Party agrees
to comply with all applicable standards, orders, or regulations issued pursuant
to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et
seq.
The Contracting Party agrees to report each violation to the City and
understands and agrees that the City will, in turn, report each violation as
required to assure notification to the Federal Emergency Management Agency,
and the appropriate Environmental Protection Agency Regional Office.
The Contracting Party agrees to include these requirements in each
subcontract exceeding $150,000 financed in whole or in part with Federal
assistance provided by FEMA.
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10.14 Suspension and Debarment. This contract is a covered transaction
for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contracting
Party is required to verify that none of the Contracting Party’s principals
(defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905)
are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
C.F.R. § 180.935).
The Contracting Party must comply with 2 C.F.R. pt. 180, subpart C and
2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with
these regulations in any lower tier covered transaction it enters into.
This certification is a material representation of fact relied upon by the
City. If it is later determined that the contractor did not comply with 2 C.F.R.
pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies
available to City, the Federal Government may pursue available remedies,
including but not limited to suspension and/or debarment.
The Contracting Party agrees to comply with the requirements of
2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is
valid and throughout the period of any contract that may arise from this offer.
The Contracting Party further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
10.15 Procurement of Recovered Materials. In the performance of this
contract, the Contracting Party shall make maximum use of products
containing recovered materials that are EPA-designated items unless the
product cannot be acquired:
(a) Competitively within a timeframe providing for compliance
with the contract performance schedule;
(b) Meeting contract performance requirements; or
(c) At a reasonable price.
Information about this requirement, along with the list of EPA-
designated items, is available at EPA’s Comprehensive Procurement
Guidelines website, https://www.epa.gov/smm/comprehensive-
procurement-guideline-cpg-program.
The Contracting Party also agrees to comply with all other applicable
requirements of Section 6002 of the Solid Waste Disposal Act.
10.16 DHS Seal, Logo, and Flags. The Contracting Party shall not use
the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS
agency officials without specific FEMA pre-approval.
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10.17 Compliance with Federal Law, Regulations, and Executive Orders.
This is an acknowledgement that FEMA financial assistance will be used to
fund all or a portion of the contract. The Contracting Party will comply with all
applicable Federal law, regulations, executive orders, FEMA policies,
procedures, and directives.
10.18 No Obligation by Federal Government. The Federal Government
is not a party to this Contract and is not subject to any obligations or liabilities
to the non-Federal entity, contractor, or any other party pertaining to any
matter resulting from the Contract.
10.19 Program Fraud and False or Fraudulent Statements or Related
Acts. The Contracting Party acknowledges that 31 U.S.C. Chap. 38
“Administrative Remedies for False Claims and Statements” applies to the
Contracting Party’s actions pertaining to this Contract.
10.20 Authority. The persons executing this Agreement on behalf of
each of the parties hereto represent and warrant that (i) such party is duly
organized and existing, (ii) they are duly authorized to execute and deliver
this Agreement on behalf of said party, (iii) by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and (iv) that
entering into this Agreement does not violate any provision of any other
Agreement to which said party is bound. This Agreement shall be binding
upon the heirs, executors, administrators, successors, and assigns of the
parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of
the dates stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
JON McMILLEN, City Manager
City of La Quinta, California
Dated:
CONTRACTING PARTY:
By:
Name:
Title:
ATTEST:
MONIKA RADEVA, City Clerk
La Quinta, California
By:
Name:
Title:
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
NOTE: (1) TWO SIGNATURES ARE REQUIRED IF A CORPORATION’S
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE STATE THAT TWO SIGNATURES ARE REQUIRED
ON CONTRACTS, AGREEMENTS, AMENDMENTS, CHANGE ORDERS, ETC.
Exhibit A
Page 1 of 3 Last revised summer 2017
Exhibit A
Scope of Services
1. Services to be Provided:
City of La Quinta Finance department shall obtain and review all activity logs
from City employees to determine if COVID-19 work was completed. Activity
logs determined to have work associated with COVID-19 shall be sent to the
Consultant along with the employee’s payroll log for the pay period.
The Consultant shall contact the employee or a designated department
personnel representative directly to obtain additional information necessary
to justify and document the work related to COVID-19.
Consultant services may include the following:
Work with City staff to compile a comprehensive list of disaster related
repairs, damage mitigation efforts, possible improvements and collect
and compile cost documentation.
Ensure all eligible costs/damages have been identified and reported to
insurance, FEMA and Cal OES in an appropriate and timely manner.
Provide quality assurance and quality control support and general
eligibility guidance for all State and federal grant programs.
Coordinate and manage deliverables with insurance, FEMA, and CAL
OES.
Assist the City in insurance claim preparation, coordination and advice
through insurance adjustment process.
Assist the City during Applicant’s Briefings with FEMA and the State,
assisting with relationship development, requesting additional
programmatic details and clarifications that will assist the City during
the grant process.
Collaborate with the City on project formulation, including damage
assessments (field team assessment of damages including a
comprehensive list of damaged structures, contents, etc.); Information
gathering (photo-document damages, gather records, drawings,
insurance policies, historical photos/videos, etc.); project development
(define both small and large projects’ scope, size, and damages,
including cost estimating, that will be the basis of each Project
Worksheet); project submittals (draft and submit small and large
project public works to CAL OES/FEMA).
Additional documentation and tracking may include but is not limited to:
FEMA ICS-214 Activity Log Form (Attachment 3)
Gathering and labeling of pictures provided by Staff
Interviewing employees
Exhibit A
Page 2 of 3
Estimating the value of donations
Documenting and tracking donations
o The City currently has donated the following items related to
COVID-19 (additional donations may occur)
Face shields produced by the City
Food donations
Childcare facility
Face masks
Tracking overtime and regular payroll hours worked in response to
COVID-19
o City Staff shall provide timesheets (payroll staff will be available
as needed by the Consultant)
o City’s financial software is tracking remote work hours and Federal
IRS guidelines for COVID-19
Tracking of volunteer hours. The City has or intends to use the following
volunteers to respond to COVID-19.
o Finance Advisory Commission
o Citizens on Patrol
o Community Emergency Response Team
o Short-term Vacation Rental Ad Hoc Committee
o Planning Commission
o Wellness Center Volunteers
o Housing Commission
o Community Services Commission
Meetings with City Staff, FEMA and/or CalOES representatives as
needed
Submitting documentation to FEMA and Cal/OES along with updating
the FEMA Grants Portal as needed.
o The City will add consultant as an alternative contact on the
FEMA Grant Portal and provide login access.
2. Performance Standards:
a. The consultant shall primarily work remotely (City offices are currently
closed to the public, including consultants). Under COVID-19
regulations issued by the State and City shelter in place orders shall
be abided by until otherwise notified.
b. The consultant shall furnish their own computer, phone, have remote
access to a secure electronic deposit repository for documentation
tracking.
Exhibit A
Page 3 of 3
c. In addition, the Consultant shall be well versed and have the ability to
use Zoom and Microsoft Teams for meetings.
d. The consultant will be expected to communicate with City staff via
email, by phone, with Zoom and Teams, or by mail when necessary.
e. The Consultant shall provide a written report each Monday by close of
business summarizing the work completed in the prior week (Monday –
Sunday).
f. In addition, ongoing scheduled meetings using Zoom will be conducted
as needed to update the Consultant on operational changes.
Exhibit B
Page 1 of 1
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for
in Section 2.3 of this Agreement, the maximum total compensation to be paid
to Contracting Party under this Agreement is not to exceed Two Hundred
Thousand Dollars ($ 200,000.00) for the life of the Agreement, (the “Contract
Sum”), except as provided in Section 1.7. The Contract Sum shall be paid to
Contracting Party in installment payments made on a monthly basis and in an
amount identified in Contracting Party’s schedule of compensation attached
hereto for the work tasks performed and properly invoiced by Contracting
Party in conformance with Section 2.2 of this Agreement.
Exhibit C
Page 1 of 1
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of
Services, Exhibit A of this Agreement.
The Consultant shall provide a written report each Monday by close of business
summarizing the work completed in the prior week (Monday – Sunday).
In addition, ongoing scheduled meetings using Zoom will be conducted as
needed to update the Consultant on operational changes.
Exhibit D
Page 1 of 1
Exhibit D
Special Requirements
1. The consultant shall primarily work remotely (City offices are currently
closed to the public, including consultants). Under COVID-19 regulations
issued by the State and City shelter in place orders shall be abided by until
otherwise notified.
2. The consultant shall furnish their own computer, phone, have remote access
to a secure electronic deposit repository for documentation tracking.
Exhibit E
Page 1 of 7
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of
this Agreement, the following policies shall be maintained and kept in full force
and effect providing insurance with minimum limits as indicated below and
issued by insurers with A.M. Best ratings of no less than A-VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Cyber Liability
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Contracting Party shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, Commercial General
Liability insurance against all claims for injuries against persons or damages
to property resulting from Contracting Party’s acts or omissions rising out of
or related to Contracting Party’s performance under this Agreement. The
insurance policy shall contain a severability of interest clause providing that
the coverage shall be primary for losses arising out of Contracting Party’s
performance hereunder and neither City nor its insurers shall be required to
contribute to any such loss. An endorsement evidencing the foregoing and
naming the City and its officers and employees as additional insured (on the
Commercial General Liability policy only) must be submitted concurrently with
Exhibit E
Page 2 of 7
the execution of this Agreement and approved by City prior to commencement
of the services hereunder.
Contracting Party shall carry automobile liability insurance of
$1,000,000 per accident against all claims for injuries against persons or
damages to property arising out of the use of any automobile by Contracting
Party, its officers, any person directly or indirectly employed by Contracting
Party, any subcontractor or agent, or anyone for whose acts any of them may
be liable, arising directly or indirectly out of or related to Contracting Party’s
performance under this Agreement. If Contracting Party or Contracting
Party’s employees will use personal autos in any way on this project,
Contracting Party shall provide evidence of personal auto liability coverage for
each such person. The term “automobile” includes, but is not limited to, a
land motor vehicle, trailer or semi-trailer designed for travel on public roads.
The automobile insurance policy shall contain a severability of interest clause
providing that coverage shall be primary for losses arising out of Contracting
Party’s performance hereunder and neither City nor its insurers shall be
required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as
appropriate shall be written on a policy form coverage specifically designed to
protect against acts, errors or omissions of the Contracting Party and “Covered
Professional Services” as designated in the policy must specifically include
work performed under this agreement. The policy limit shall be no less than
$1,000,000 per claim and in the aggregate. The policy must “pay on behalf
of” the insured and must include a provision establishing the insurer’s duty to
defend. The policy retroactive date shall be on or before the effective date of
this agreement.
Contracting Party shall carry Workers’ Compensation Insurance in
accordance with State Worker’s Compensation laws with employer’s liability
limits no less than $1,000,000 per accident or disease.
Contracting Party shall procure and maintain Cyber Liability
insurance with limits of $1,000,000 per occurrence/loss which shall include
the following coverage:
a. Liability arising from the theft, dissemination and/or use of
confidential or personally identifiable information; including
credit monitoring and regulatory fines arising from such theft,
dissemination or use of the confidential information.
b. Network security liability arising from the unauthorized use of,
access to, or tampering with computer systems.
Exhibit E
Page 3 of 7
c. Liability arising from the failure of technology products
(software) required under the contract for Consultant to
properly perform the services intended.
d. Electronic Media Liability arising from personal injury, plagiarism
or misappropriation of ideas, domain name infringement or
improper deep-linking or framing, and infringement or violation
of intellectual property rights.
e. Liability arising from the failure to render professional services.
If coverage is maintained on a claims-made basis, Contracting Party shall
maintain such coverage for an additional period of three (3) years following
termination of the contract.
Contracting Party shall provide written notice to City within ten
(10) working days if: (1) any of the required insurance policies is terminated;
(2) the limits of any of the required polices are reduced; or (3) the deductible
or self-insured retention is increased. In the event any of said policies of
insurance are cancelled, Contracting Party shall, prior to the cancellation date,
submit new evidence of insurance in conformance with this Exhibit to the
Contract Officer. The procuring of such insurance or the delivery of policies
or certificates evidencing the same shall not be construed as a limitation of
Contracting Party’s obligation to indemnify City, its officers, employees,
contractors, subcontractors, or agents.
E.2 Remedies. In addition to any other remedies City may have if
Contracting Party fails to provide or maintain any insurance policies or policy
endorsements to the extent and within the time herein required, City may, at
its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Contracting Party to stop work under this Agreement
and/or withhold any payment(s) which become due to Contracting Party
hereunder until Contracting Party demonstrates compliance with the
requirements hereof.
c. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to
any other remedies City may have. The above remedies are not the exclusive
remedies for Contracting Party’s failure to maintain or secure appropriate
Exhibit E
Page 4 of 7
policies or endorsements. Nothing herein contained shall be construed as
limiting in any way the extent to which Contracting Party may be held
responsible for payments of damages to persons or property resulting from
Contracting Party’s or its subcontractors’ performance of work under this
Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage
by Contracting Party. Contracting Party and City agree to the following with
respect to insurance provided by Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third
party general liability coverage required herein to include as additional
insureds City, its officials, employees, and agents, using standard ISO
endorsement No. CG 2010 with an edition prior to 1992. Contracting Party
also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Contracting Party, or Contracting Party’s employees,
or agents, from waiving the right of subrogation prior to a loss. Contracting
Party agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors and
subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party
and available or applicable to this Agreement are intended to apply to the full
extent of the policies. Nothing contained in this Agreement or any other
agreement relating to City or its operations limits the application of such
insurance coverage.
4. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any kind that
has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that
would serve to eliminate so-called “third party action over” claims, including
any exclusion for bodily injury to an employee of the insured or of any
contractor or subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises.
Contracting Party shall not make any reductions in scope of coverage (e.g.
elimination of contractual liability or reduction of discovery period) that may
affect City’s protection without City’s prior written consent.
Exhibit E
Page 5 of 7
7. Proof of compliance with these insurance requirements, consisting
of certificates of insurance evidencing all the coverages required and an
additional insured endorsement to Contracting Party’s general liability policy,
shall be delivered to City at or prior to the execution of this Agreement. In
the event such proof of any insurance is not delivered as required, or in the
event such insurance is canceled at any time and no replacement coverage is
provided, City has the right, but not the duty, to obtain any insurance it deems
necessary to protect its interests under this or any other agreement and to
pay the premium. Any premium so paid by City shall be charged to and
promptly paid by Contracting Party or deducted from sums due Contracting
Party, at City option.
8. It is acknowledged by the parties of this agreement that all
insurance coverage required to be provided by Contracting Party or any
subcontractor, is intended to apply first and on a primary, non-contributing
basis in relation to any other insurance or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any
other party involved with the project that is brought onto or involved in the
project by Contracting Party, provide the same minimum insurance coverage
required of Contracting Party. Contracting Party agrees to monitor and review
all such coverage and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this section.
Contracting Party agrees that upon request, all agreements with
subcontractors and others engaged in the project will be submitted to City for
review.
10. Contracting Party agrees not to self-insure or to use any self-
insured retentions or deductibles on any portion of the insurance required
herein (with the exception of professional liability coverage, if required) and
further agrees that it will not allow any contractor, subcontractor, Architect,
Engineer or other entity or person in any way involved in the performance of
work on the project contemplated by this agreement to self-insure its
obligations to City. If Contracting Party’s existing coverage includes a
deductible or self-insured retention, the deductible or self-insured retention
must be declared to the City. At that time the City shall review options with
the Contracting Party, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
11. The City reserves the right at any time during the term of this
Agreement to change the amounts and types of insurance required by giving
the Contracting Party ninety (90) days advance written notice of such change.
If such change results in substantial additional cost to the Contracting Party,
Exhibit E
Page 6 of 7
the City will negotiate additional compensation proportional to the increased
benefit to City.
12. For purposes of applying insurance coverage only, this Agreement
will be deemed to have been executed immediately upon any party hereto
taking any steps that can be deemed to be in furtherance of or towards
performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or
alleged failure on the part of City to inform Contracting Party of non-
compliance with any insurance requirement in no way imposes any additional
obligations on City nor does it waive any rights hereunder in this or any other
regard.
14. Contracting Party will renew the required coverage annually as
long as City, or its employees or agents face an exposure from operations of
any type pursuant to this agreement. This obligation applies whether the
agreement is canceled or terminated for any reason. Termination of this
obligation is not effective until City executes a written statement to that effect.
15. Contracting Party shall provide proof that policies of insurance
required herein expiring during the term of this Agreement have been renewed
or replaced with other policies providing at least the same coverage. Proof
that such coverage has been ordered shall be submitted prior to expiration.
A coverage binder or letter from Contracting Party’s insurance agent to this
effect is acceptable. A certificate of insurance and an additional insured
endorsement is required in these specifications applicable to the renewing or
new coverage must be provided to City within five (5) days of the expiration
of coverages.
16. The provisions of any workers’ compensation or similar act will not
limit the obligations of Contracting Party under this agreement. Contracting
Party expressly agrees not to use any statutory immunity defenses under such
laws with respect to City, its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any
party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and
distinct from any other provision in this Agreement and are intended by the
parties here to be interpreted as such.
Exhibit E
Page 7 of 7
19. The requirements in this Exhibit supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no
contract used by any party involved in any way with the project reserves the
right to charge City or Contracting Party for the cost of additional insurance
coverage required by this agreement. Any such provisions are to be deleted
with reference to City. It is not the intent of City to reimburse any third party
for the cost of complying with these requirements. There shall be no recourse
against City for payment of premiums or other amounts with respect thereto.
21. Contracting Party agrees to provide immediate notice to City of
any claim or loss against Contracting Party arising out of the work performed
under this agreement. City assumes no obligation or liability by such notice,
but has the right (but not the duty) to monitor the handling of any such claim
or claims if they are likely to involve City.
Exhibit F
Page 1 of 3
Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law
establishes a professional standard of care for Contracting Party’s Services, to
the fullest extent permitted by law, Contracting Party shall indemnify, protect,
defend (with counsel selected by City), and hold harmless City and any and
all of its officials, employees, and agents (“Indemnified Parties”) from and
against any and all claims, losses, liabilities of every kind, nature, and
description, damages, injury (including, without limitation, injury to or death
of an employee of Contracting Party or of any subcontractor), costs and
expenses of any kind, whether actual, alleged or threatened, including,
without limitation, incidental and consequential damages, court costs,
attorneys’ fees, litigation expenses, and fees of expert consultants or expert
witnesses incurred in connection therewith and costs of investigation, to the
extent same are caused in whole or in part by any negligent or wrongful act,
error or omission of Contracting Party, its officers, agents, employees or
subcontractors (or any entity or individual that Contracting Party shall bear
the legal liability thereof) in the performance of professional services under
this agreement. With respect to the design of public improvements, the
Contracting Party shall not be liable for any injuries or property damage
resulting from the reuse of the design at a location other than that specified
in Exhibit A without the written consent of the Contracting Party.
b. Indemnification for Other Than Professional Liability. Other
than in the performance of professional services and to the full extent
permitted by law, Contracting Party shall indemnify, defend (with counsel
selected by City), and hold harmless the Indemnified Parties from and against
any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses,
expenses or costs of any kind, whether actual, alleged or threatened,
including, without limitation, incidental and consequential damages, court
costs, attorneys’ fees, litigation expenses, and fees of expert consultants or
expert witnesses) incurred in connection therewith and costs of investigation,
where the same arise out of, are a consequence of, or are in any way
attributable to, in whole or in part, the performance of this Agreement by
Contracting Party or by any individual or entity for which Contracting Party is
legally liable, including but not limited to officers, agents, employees, or
subcontractors of Contracting Party.
c. Indemnity Provisions for Contracts Related to Construction
(Limitation on Indemnity). Without affecting the rights of City under any
Exhibit F
Page 2 of 3
provision of this agreement, Contracting Party shall not be required to
indemnify and hold harmless City for liability attributable to the active
negligence of City, provided such active negligence is determined by
agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent
and where City’s active negligence accounts for only a percentage of the
liability involved, the obligation of Contracting Party will be for that entire
portion or percentage of liability not attributable to the active negligence of
City.
d. Indemnification Provision for Design Professionals.
1. Applicability of this Section F.1(d). Notwithstanding
Section F.1(a) hereinabove, the following indemnification provision shall apply
to a Contracting Party who constitutes a “design professional” as the term is
defined in paragraph 3 below.
2. Scope of Indemnification. When the law establishes a
professional standard of care for Contracting Party’s Services, to the fullest
extent permitted by law, Contracting Party shall indemnify and hold harmless
City and any and all of its officials, employees, and agents (“Indemnified
Parties”) from and against any and all losses, liabilities of every kind, nature,
and description, damages, injury (including, without limitation, injury to or
death of an employee of Contracting Party or of any subcontractor), costs and
expenses, including, without limitation, incidental and consequential
damages, court costs, reimbursement of attorneys’ fees, litigation expenses,
and fees of expert consultants or expert witnesses incurred in connection
therewith and costs of investigation, to the extent same are caused by any
negligent or wrongful act, error or omission of Contracting Party, its officers,
agents, employees or subcontractors (or any entity or individual that
Contracting Party shall bear the legal liability thereof) in the performance of
professional services under this agreement. With respect to the design of
public improvements, the Contracting Party shall not be liable for any injuries
or property damage resulting from the reuse of the design at a location other
than that specified in Exhibit A without the written consent of the Contracting
Party.
3. Design Professional Defined. As used in this
Section F.1(d), the term “design professional” shall be limited to licensed
architects, registered professional engineers, licensed professional land
surveyors and landscape architects, all as defined under current law, and as
may be amended from time to time by Civil Code § 2782.8.
F.2 Obligation to Secure Indemnification Provisions. Contracting
Party agrees to obtain executed indemnity agreements with provisions
Exhibit F
Page 3 of 3
identical to those set forth herein this Exhibit F, as applicable to the
Contracting Party, from each and every subcontractor or any other person or
entity involved by, for, with or on behalf of Contracting Party in the
performance of this Agreement. In the event Contracting Party fails to obtain
such indemnity obligations from others as required herein, Contracting Party
agrees to be fully responsible according to the terms of this Exhibit. Failure
of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth in this Agreement are
binding on the successors, assigns or heirs of Contracting Party and shall
survive the termination of this Agreement.
RESOLUTION NO. 2019 -021
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, ADOPTING A
PURCHASING AND CONTRACTING POLICY
WHEREAS, purchasing and contracting policies provide a guideline to
city emp loyees for purchasing and contracti ng for goods, services and projects
to support, enhance and supplement city operations, and
WHEREAS, purchasing and contracting policies provide transparency
and consistency, and
WHEREAS, purchasing and contracting policies enable the Finance
department to maintain a system of financial controls for the efficient use and
expenditure of public funds.
NOW, THEREFORE, BE IT RESOLVED by the City Counci l of the City
of La Quinta, California, as follows:
SECTION 1. Resolution No. 2018-014 adopted on April 3, 2018 is hereby
repealed, and this Resolution supersedes a ll prior Purchasing and Contracting
Policies adopted by Cou ncil.
SECTION 2. The purchasing and contracting policy attached hereto as
Exhibit A and incorporated h erein by reference, shal l govern t h e purchase of
city supplies, goods, equipment, se r vices and construction projects.
SECTION 3 . This policy, as appl icable, shall constitute the procedures
and rules governing the solicitation of bids and award of contracts for public
works projects pursuant to Chapter 3.12, a nd shal l constitute the procedures
and rules governing the solicitation and se lection of firms for services pursuant
to Chapter 3.12, of the La Quinta Municipal Code.
SECTION 4. Severability. If any provision of this Resolution or the
app lication thereof to any person or circumstance is held invalid, such
in validity s hall not affect other provisions or applications of this Reso lu tion
which can be given effect without the invalid provision or application, and to
t his end the provisions of this Resolution are severab le. Th e City Cou n cil
hereby declares that it wou ld have adopted th is Resolution irrespective of the
invalidity of any particular portion thereof.
ATTACHMENT 2
Resolution No . 2019-021
Purchasing and Contracting Pol icy
Adopted: June 18, 2019
Page 2 of 26
SE CT I ON 5. This Resolution shall become effective upon adoption . The
Purchasing and Contracting Pol icy adopted by t his Resolution shall go into
effect immediately.
. PASSED, APPROVED, a nd ADOPTED at a reg ular meeting of the La
Quinta City Council held on this 18th day of June 2019 by the following vote:
AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
~~
LINDA EVANS, Mayor
City of La Quinta, California
Resolution No. 2019-021
Purchasing and Contracting Policy
Adopted: June 18, 2019
Page 3 of 26
CITY OF LA QUINTA, CALIFORNIA
PURCHASING AND CONTRACTING POLICY
I. GENERAL RULES; EXCEPTIONS
Exhibit A
This Purchasing and Contracting Policy (Policy) shall apply for the solicitation
and selection of all purchases and contracts within the City of La Quinta (City).
Any exceptions to this Policy must be approved by the City Council (Council).
The Council may, by majority vote and in accordance with its fiduciary
responsibilities, approve expenditures of any amount, for any length of term,
not otherwise inconsistent with any applicable law.
A. ADMINISTRATIVE GUIDELINES
1. Vendor Limit. Combined purchases cannot exceed $50,000 per vendor,
per fiscal year except with Council approval and in the case of major
expenditures, in which a vendor has participated in a public formal bidding
process. In addition, multiyear agreements in excess of $50,000 as an
aggregate total per vendor will require Council approval.
2. Change Orders or Amendments. A change order or amendment is a
change in a contract term, other than as specifically provided for in the
contract, that authorizes or necessitates any increase or decrease of the
cost of the contract or in the time of completion. Change orders that alter
the amount of the contract must be authorized by Directors, City
Manager, or Council depending on the amount as referenced in section II
Expenditure Categories of this policy. A valid request for a change order
or amendment must meet the following criteria:
a. the change was not reasonably foreseeable at the time that the
contract was signed;
b. the change must be relevant to the original contract; and
c. the change is authorized by the contract provisions and in the best
interest of the City.
3. Conflict of Interest. No employee, officer, Councilmember, or agent shall
participate in the selection, award, or administration of a contract if he or
she has a real or apparent conflict of interest. Such a conflict of interest
would arise when the employee, officer, Councilmember, agent, or any
member of his or her immediate family, his or her partner, or an
Resolution No . 2 01 9 -02 1
Purchasing a nd Contracting Policy
Adopted: June 18, 2019
Page 4 of 26
organization which employs or is about to employ any of the parties
indicated, herein, has a financial or other interest in or a tangible personal
benefit from a firm considered for a contract.
Nothing in this Policy does or is to be construed as limiting the applicability
of any other federal, state, or local laws and regulations governing
prohibitions against financial conflicts of interest, including but not limited
to the Political Reform Act (Government Code Section 81000 et seq.) and
imp lementing regulations from the Fair Political Practices Commission
(Title 2, Section 18110 et seq., of the California Code of Regulations), and
Government Code Sections 1090-1999 and 1126. All such laws and
regulations shall apply to every employee, officer, Councilmember, and
agent of the City.
4. Local Vendors. Purchasing goods and services from local vendors which
stimulate the local economy is encouraged but not required.
5. Green Purchasing Practices. The City is committed to Green Purchasing
practices in obtaining goods and services. The City shall consider
environmentally-preferable products when appropriate. Nothing in this
policy requires the procurement of products that do not adequately
perform their intended use, requires procurement that excludes adequate
competition, or requires the procurement of products that are unavailable
at a reasonable price or at a reasonable time. An environmentally-
preferable product means a product that meets any of the following
criteria:
a. is durable, repairable, reusable, or recyclable;
b. has minimal packaging, toxic content, or chemical-hazard
potential;
c. is resource or energy efficient in any or all phases of its
manufacture, use, or disposal; or
d. its use or disposal minimizes or eliminates the City's potential
environmental liability.
6. Payment Terms. The City's standard payment terms are Net 30, meaning
a payment should be issued to the vendor no later than thirty days after
the invoice date, unless the City and vendor have agreed to alternate
terms.
7. In no instances should purchases be split or divided in such a manner to
circumvent policy process and limits.
Resolution No . 2 01 9 -02 1
Purchasing a nd Contracting Policy
Adopted: June 18, 2019
Page 5 of 26
8. If any provision of this policy is not followed by departments, a
procurement exemption form must be completed and reviewed by the
City Manager or their designee.
9. Violations of this policy may result in disciplinary action up to and
including dismissal, subject to the applicable due process as prescribed in
the City's Personnel Policies and Procedures.
II. EXPENDITURE CATEGORIES
Purchases, which include those made by purchase order (PO), written
agreement, amendment or change order that require city expenditures, are
classified into five categories based on the anticipated expenditure amount.
Each category establis hes an authorization level, procurement method, and
maximum term, which shall apply unless specifically exempted in accordance
with this Policy.
A. Expenditures of $50 or less
B. Expenditures of $51 to $5,000
C. Expenditures of $5,001 to $15,000
D. Expenditures of $15,001 to $50,000
E. Expenditures over $50,001
A. EXPENDITURES OF $50 OR LESS
(petty cash)
( operational)
(minor)
(intermedi ate)
(major)
Authorization: Department Director, who may delegate to a Department
designee
Procurement: No bids or PO necessary; petty cash advances or
reimbursement
Term Limit: N/A
Note: These transa ctions t ake the place of ordinary ongoing purchases
and shall be limited in use.
A cash disbursement or reimbursement may be obtained from the Finance
Department and must not exceed $50 per item or combined purcha se. A petty
cash request form shall be completed and signed by the Department Director
or designee before submittal. The form shall include the date, description of
the item to be purchased, and account number. Petty cash amounts will be
advanced to accommodate miscellaneous minor expenditure amounts of $50
or less and for which normal payment provisions are not practical. The Finance
department will periodically audit petty cash expenditures as to form and
regulations and may confirm purchases.
Resolution No . 2 019-021
Purchasing a nd Contracting Policy
Adopted: June 18, 2019
Page 6 of 26
B. EXPENDITURES OF $51 to $5,000 DURING THE INITIAL TERM 1
Authorization: Department Director, who may delegate to a Department
designee4
Procurement: No PO necessary; 3 informal bids/proposals2 whenever
possible
Term Limit: 3 years plus one 3-year extension
C. EXPENDITURES OF $5,001 to $15,000 DURING THE INITIAL TERM
Authorization: Department Director or delegated by Director with
confirmation from City Manager
Procure ment: PO required ~ 3 written informal bids/proposal s
Term Limit: 3 years plus one 3-y ear extension
D. EXPENDITURES OF $15,001 to $50,000 DURING THE INITIAL TERM
Authorization: City Manager
Procure ment : PO require d ~ 3 informal bids/propos als~ c ity
contract3
Term Limit: 3 years p l us one 3-year extension
Purchase Orders between $25,000 and $50,000 are r e viewed by City
Council on a quarterly basis on the Demand Register Report .
E. EXPENDITURES OVER $50,001
Authorization: City Council
Procurement: PO required ~ formal bids/proposals~ city contract
Term Limit: No limit, any term approved by majority vote of the Council
For purposes of this Policy, the "Initial Term" shall be either (i) a term under the contract or PO not to exceed one year, or (ii) a term
longer than one year but not to exceed the maximum number of years authorized under o "Term Limit" (set forth below) as long as
the contract includes a continuing obligation for performance by a contracting party and the City has an obligation for payment only
for the services octually performed and accounted for by invoice or other monthly or regular periodic documentation acceptable to
the City. Under any contract or PO, either the contracting party or City may terminate the contract or PO prior to the expiration of the
Initial Term for the other party's nonperformance.
1 "Informal" bid/proposal means tangible proof. i.e. written, e-mail, or other casual medium. Departments shall document attempts
to receive bids.
3 The city's templates for contracts, agreements, amendments and change orders shall be used for category D and E purchoses. The
City Manager may allow for modifications of these templates or use of other contracts, agreements, amendments and change orders,
or may require use of city templates for category B and C purchases when the City Manager determines it is prudent due to the level
of risk exposure to the city, the need to spell out a complex scope of work, or any other reason s/he believes to be in the best interest
of the city. To meet prevailing wage requirements any maintenance orrepair project over $15,000 or construction project over $25,000
will require a written contract.
• Designee is someone who's given signing authority by Department Director or City Manager to authorize expenditures. Signature
authorization form must be on file to authorize designee signing authority.
Resolution No . 2 01 9 -02 1
Purchasing a nd Contracting Policy
Adopted: June 18, 2019
Page 7 of 26
III. PROCUREMENT PROCEDURES -MAJOR EXPENDITURES (over
$50,001)
A. FORMAL BIDS FOR MAJOR PUBLIC WORKS PROJECTS AND MAJOR
SUPPLIES AND EQUIPMENT PURCHASES. Major public works projects and
supplies and equipment as referenced in Chapter 3.12 of the La Quinta
Municipal Code, are defined as purchases and projects having an actual or
estimated value of greater than fifty thousand and one dollars ($50,001). The
solicitation and selection of bids and award of contracts shall comply with
Section 3 .12.030 of the La Quinta Municipal Code (public works contracts),
and this Policy, and shall be administered through each City Department,
according to the following procedures:
1. Invitation for bids. An invitation for bids (the "invitation ") shall be
published in a newspaper, electronic bulletin board or online submission
source, City website, or other generally-recognized source of local public
works contract information, at least ten days prior to the date of the
opening of bids, or as required by California Public Contract Code §20164
and §22032. Invitations shall include general descriptions of the work to
be performed, the time and place of the opening of bids, the place where
bidders may obtai n bid documents, the amount of bid security required,
and the amount and nature of performance and labor materials security
that will be required.
2. Form of bids. Bids conforming to the requirements of the invitation shall
be submitted to the Department Director (the "Director") in sealed
packages or by other means which will prevent the divulging of bids prior
to the stated time for opening of b ids, all as specified in the invitation or
the bid documents. Unopened bids should be clearly marked or otherwise
identifiable as bids for the project to which they apply.
3. Bid security for public works projects. Bids for public works projects shall
be accompan ied by cash , cashier's check, certified check, surety bond, or
other form of security stated in the invitation or bid documents, in a sum
equal to at least ten percent (10%) of the amount of the bid.
4. Opening of bids. At the time and place stated in the invitation, the bids
shall be publicly opened and announced. The bid amounts shall be
tabulated , and the tabulation shall be available for public inspection at
the City Department during regular business hours for a period of not less
than thirty (30) calendar days after the bid opening .
Resolution No. 2019-021
Purchasing and Contracting Policy
Adopted: June 18, 2019
Page 8 of 26
5. Review of bids. The Director or designee shall review all bids received for
completeness, accuracy, responsiveness to the invitation and the bid
documents, and the City's experience with or knowledge of the
qualification and reliability of each bidder and shall prepare a
recommendation to the City Council. Written amounts shall take
precedence over associated numeric amounts. Mathematical errors, if
found, shall be corrected and shall not disqualify a bid . The corrected
total shall be the bid amount considered in determining the lowest
responsible bidder and shall be the contract amount awarded if the bid is
selected.
6. Award of contract. Contracts shall be awarded by the City Council to the
lowest responsible bidder. Determination of the lowest responsible bidder
shall be at the sole discretion of the City Council pursuant to findings and
recommendations presented by the Director or designee at the time of
the award of contract.
7. Equal bids. If two or more equal low bids are received, the City Council
may award the contract to any one of the equal low bidders by the
following:
a. Select one bid; or
b. Reject all bids and re-solicit for bids; or
c. Reject all bids and authorize negotiated agreement if consistent
with federal and state laws; or
d. Select one bid, which is the most responsible bidder; or
e. Take any other action that the City Council deems to serve the
best interest of the City.
8. No bids. When no bids are received from responsible firms, the City
Council may accomplish the project in any manner it sees fit.
9. Rejection of bids. The City Council may reject any or all bids presented
and may then direct that the project be re-advertised, may authorize
negotiation of a contract with one or more responsible firms, or may
resolve that the project can be performed more economically by City
forces, day labor, time and materials contract, or other method.
10. Execution of contract. The successful bidder shall execute the contract
and furnish required performance security and labor and materials
security when required pursuant to the bid document.
Resolution No. 2019-021
Purchasing and Contracting Policy
Adopted: June 18, 2019
Page 9 of 26
11. Forfeiture of bid security for public works projects. If the successful
bidder fails to execute the contract and furnish security within the stated
time, and said failure is not primarily due to actions or omissions of the
City or to acts of god, the bidder shall forfeit the bid security provided.
The City Council may then consider the bid of the next lowest responsible
bidder.
12. Release of bid security for public works projects. Bidders are entitled to
the return of their bid security unless forfeited as provided herein . The
City shall retain all bid security until a contract has been executed or until
the City Council rejects all bids at which time all bid security not forfeited
shall be returned to the appropriate bidders.
13. Disposition of forfeited bid security for public works projects. The City
shall retain forfeited bid security until a contract is awarded to another
firm or the project is cancelled. The City shall retain an amount equal to
the difference between the forfeiting firm's bid and the new contract
amount, if any, and an additional amount equal to administrative and
other costs incurred as a result of the failure of the forfeiting bidder to
enter into a contract and provide required security, and shall return any
remaining amount of the bid security to the forfeiting bidder.
14. Performance security and labor and materials security for public works
projects. The bidder to whom the contract is awarded (the "successful
bidder") shall furnish performance security and labor and materials
security in amounts specified in the Invitation or Bid Documents.
B. FORMAL PROPOSALS FOR MAJOR PROFESSIONAL AND TECHNICAL
SERVICES. Major professio nal and technical services are defined as services
having an actual or estimated value of greater than fifty thousand and one
dollars ($50,001). The solicitation and selection of proposals and award of
contracts shall comply with Section 3.12.020 of the La Quinta Municipal Code
(service contracts), and this Policy, and shall be administered through each
City Department, according to the following procedures:
1. Maintenance and Repair Services. Services i ntended to preserve and/or
restore a public work to a clean, safe, efficient, and/or continually usable
condition. Maintenance and repair services include, but are not limited to:
carpentry, electrical, painting, plumbing, glazing, and other craftwork to
preserve a facility in the condition for which it was intended; repairs,
cleaning and other operations on machinery and other equipment
permanently attached to a facility as fixtures; the mowing, pruning, and
trimming of lawns, grass, trees, shrubs, bushes and hedges; and the
Resolution No. 2019-021
Purchasing and Contracting Policy
Adopted: June 18, 2019
Page 10 of 26
regular removal or relocation of by-products or waste products
accumulated at City facilities as the result of ongoing environmental
processes.
2. The City Manager shall approve the preparation and release of all
Requests for Proposals (RFP) and Requests for Qualifications (RFQ).
3. City staff shall determine, based on professional judgment, whether an
RFP or an RFQ process best suits its needs and City staff, or a city-
authorized consultant, shall prepare the RFP/RFQ document.
4. City staff, or a city-authorized consultant, or both shall prepare a list of
suitable firms from known registries, professional organizations, and/or
any other source.
5. City staff shall issue the RFP/RFQ to suitable firms and may also advertise
for competitive proposals. The RFP/RFQ should be included in the
requisition.
6. City staff shall form a selection committee, which may include private
consultants, to review the RFPs/RFQs received, and the selection
committee may conduct interviews and/or hold discussions with
proposing firms.
7. The selection committee shall rank the proposing firms according to the
criteria specified in LQMC Section 3.12.020 (service contracts) and City
staff shall notify firms of their position in the ranking. For design-build
projects, the selection committee may also take into account the criteria
for selection of public works contacts specified in LQMC Section 3.12.030.
8. City staff, or a City-authorized consultant, shall negotiate with the top-
ranked firm to arrive at mutually-acceptable contract terms.
9. City staff, or its authorized consultant shall terminate negotiations and
begin negotiations with the next-ranked firm if an agreement cannot be
reached and continue this process until negotiations are successfully
concluded or until the list of qualified firms submitting proposals is
exhausted and an agreement cannot be reached .
10. The Council shall award or reject the contract negotiated by City staff.
Resolution No . 2 01 9 -02 1
Purchasing a nd Contracting Policy
Adopted: June 18, 2019
Page 11 of 26
IV. PROCUREMENT PROCEDURES -NON-MAJOR EXPENDITURES
($50,000 & under}
INFORMAL BIDS OR PROPOSALS -Intermediate, Minor, and Operational
Ex penditure category projects, including minor public works projects,
supplies, goods, equipment and minor services as referenced in Chapter 3 .12
of the La Quinta Municipal Code, are defined as projects having an actual or
estimated value of fifty thousand dollars ($50,000) or less. The solicitation
and selection of bids and a w ard of contracts shall comply with Section
3.12.030 of the La Quinta Municipal Code (public works projects), Section
3 .12.020 of the La Quinta Municipal Code (service contracts), and this Policy,
and shall be administered through each City Department, according to the
following procedures:
1. Informal bids shall be obtained as dictated by this Policy from the open
market and a written record of informal bids shall be kept with the related
PO . If applicable, the RFP/RFQ should be included in the requisition.
2. Bid security. Security and labor and material security shall conform to
the requirements for major public works projects but may be modified or
waived by the City staff person authorized to make the purcha se if
warranted and in the best interest of the City .
3. Execution and Award of Contracts. The City Council may award contracts,
or the City Manager, or designated City Director, or staff personnel may
award and execute contracts, set forth in Categories A, B, C or D of
Section II above, and may waive competitive bidding requirements if in
the best interest of the City, provided there are unencumbered
appropriations in the fund accounts against which the expenses are to be
charged .
V. EXEMPTION TO ANY PROCUREMENT METHOD
Justification for exemption to any required procurement method may be
submitted to the City Manager or in the case of a major expenditure, to the
City Council under the following circumstances :
a. Sole-source or select-source purchase. When determining if a purchase
is sole or select source, rationale and/or proof must be provided in the
purchase requisition as follows :
• Demonstrate the need for a brand name product, such as to ensure
compatibility with other city products and equipment. For example,
standardization of fleet inventory (select-source).
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Purchasing and Contracting Policy
Adopted: June 18, 2019
Page 12 of 26
• Detail the need to add to an original scope of work (Change Order)
because the original source is the only reasonable one to provide the
additional goods, construction work or service needed (select-
source).
• Demonstrate that only one manufacturer or vendor makes and/or
sells the required equipment (sole-source).
• Select source form must be completed and attached to requisition.
b . State, County, or other public agency cooperative purchasing program
or contracts utilizing funding or other participation from agencies which
require conformance with state, federal or other contracting regulations.
c. The City does not require a contract for equipment purchases such as a
specific type or brand of supply or part necessary for acceptable
operation of a machine or device, or as required by warranty or contract
on the machine or device; written documentation supporting a purchase
must be provided .
d . Emergency purchases made necessary by an immediate threat to life or
property or a substantial disruption of a vital public service.
• In advance of any local emergency, the City seeks to retain a list of
available local businesses willing to provide necessary supplies,
materials, equipment, services, food, care or shelter to the City
through the Office of Emergency Management. Once the Emergency
Operations Center (EOC) is activated, these memorandums will be
activated.
• In the event of an emergency, the City Manager or designee may
make immediate purchases of goods and services. Emergency
purchases include any purchase required to prevent imminent
danger or to prevent or mitigate the loss or impairment of life,
health, property, or essential public services. Every effort shall be
made to obtain advance approvals or to obtain approvals as soon as
possible following the purchase.
• The City is not required to engage in either formal or informal
competitive bidding in an emergency. The City Council delegates to
the City Manager and his/her designee the authority to waive any
procedures in the Policy that are not statutorily mandated when
making emergency purchase of supplies, equipment, materials or
services.
• The Council shall ratify emergency suspension of procedures at the
next properly noticed Council meeting following the emergency
procurement and consider whether further suspension of procedures
is required to abate the impacts of the emergency.
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Page 13 of 26
e. The awarding officer(s) may waive irregularities in formal or informal
bids received provided that it is in the best interest of the City to do so,
and it does not result in unfair advantage to any bidder.
f . The Council may authorize the award and execution of contracts without
competitive bidding provided that such award is in the best interest of
the City, or of the public health, safety and welfare.
g. The following disbursements are exempt from purchase order
requirements:
i) Utility services
ii) Disbursements to public agencies for which the City collects fees on
behalf of that agency
iii) Intergovernmental Memorandums of Understanding
VI. CITY CREDIT CARD USE
A. Authorization and Acknowledgement. Approval to use, issue and
revoke a City credit card is at the discretion of the City Manager. Unless
otherwise authorized by the City Manager, City credit cards shall have a credit
limit of up to $5,000. The City Manager shall have the authority to set credit
limits on a case by case basis up to $25,000.
City credit cards shall be kept by the Finance Department and /or City
Manager's Office for safekeeping and prudence . Users authorized by the City
Manager or designee ("Authorized Users") must be City employees.
Authorized Users may check credit cards in and out but are encouraged to
limit usage only when necessary. All credit cards shall be returned to the
Finance Department or the City Manager's Office in a timely manner after use.
Use of City credit cards shall follow all other purchasing guidelines in this
policy.
The Finance Department requires Authorized Users to sign a Signature
Authorization Form acknowledging his/her understanding of the policies and
procedures for the use of the City credit card and acknowledging the receipt
of the credit card.
B. Appropriate City Credit Card Use. City credit cards may be used for the
following:
1. Traveling on City business;
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Purchasing and Contracting Policy
Adopted: June 18, 2019
Page 14 of 26
2. Purchasing goods and services from vendors where use of another payment
method is not practical, such as the case with many internet purchases in
which no actual storefront exists;
3. Securing reservations and locations for City activities, meetings and
conferences, community events, honoree luncheons, marketi ng
promotions, and sales missions;
4. Paying for meals in conjunction with official City business such as meetings
with City Council, developers, consultants, or interview panels.
C. Inappropriate City Credit Card Use. The credit card shall not be used
for the following:
1. Cash advances, money orders, wire transfers, etc.;
2. Routine gasoline purchases;
3. Alcoholic beverages, tobacco products, prescription drugs and cannabis
4. Political or religious organizations;
5. Firearms or ammunition;
6. Personal gifts including gift cards, flowers, etc.;
7. Long-term rentals or lease agreements;
8. Heavy-duty machinery that requires a maintenance agreement;
5. Use of the City credit card is not intended to replace effective procurement
planning which enables volume discounts or to circumvent established
competitive purchasing procedures. This means no purchases for goods or
services should be made that would otherwise require competitive bidding;
6. Employees shall not use City credit cards for personal expenses. Charging
personal items, services, entertainment or expenses of any kind on City
cards is a misuse of City funds and a serious breach of City's ethics policy.
Doing so will result in disciplinary action, up to and including termination.
Employees should use care in selecting between using their business and
personal credit cards.
D. Travel, Meetings, & Conferences. The uses of the City credit card for
travel, local meetings, and conferences shall at all times comply with the
standards and practices set forth within the City travel and meeting policy. All
credit card charges must be supported by detailed charge receipts and
submitted on an expense report to the Finance Department upon return from
a business trip.
E. Obtaining Goods and Services. Authorized purchases may be made in
person, via approved internet site, or by telephone. Authorized Use rs must
require vendors to itemize the receipt/invoice . An itemized receipt/invoice
consists of the following information:
• Date of purchase
• Detailed description of goods or services purchased
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Page 15 of 26
• Price per item
• Amount of sales tax and total amount
• Shipping charges, if any
Upon completing the credit card t r ansaction, the employee shall submit the
itemized receipt with appropriate account numbers to the Finance
Department.
F. Monthly Statement. At the end of a billing cycle, the Finance Department
will provide to Authorized Users a statement showi ng all transactions made
during the billing cycle for which receipts/invoices have not already been
turned into the Finance Department. Authorized Users are responsible to
review and reconcile monthly credit card statements. Once reconciled , the
Authorized User will attach the supporting detailed charge receipts and related
invoices to the monthly credit card statement and turn it into the Finance
Department within two (2) working days of receipt. Falsification of receipts
will subject the employee to disciplinary action, up to and including
termination of employment. The Finance Director reserves the right to review
each credit card statement and determine if the expenses were purchased in
accordance with the City policy .
G. Disputed Charges. Authorized Users are responsible for ensuring that
the vendor, the issuing bank, and the Finance Director are notified
immediately of any disputed charges. Authorized Users will be responsible for
resolving the disputed charge directly with the credit card company .
H. Returned Items. If items purchased with the credit card are found
defective or the repair or servic es faulty, the cardholder has the responsibility
to return the item to the merchant for replacement or credit to the card. Cash
refunds or store credit will not be permitted.
I. Timely Payment. Based on the statement cycle date, the Finance
Department will ensure timely payments. Credit card charges will be paid
once reconciled by the Authorized Users and approved by the Finance
Department.
To avoid late fees and finance charges, the Finance Department reserves the
option to pay all credit card charges, even if supporting documentation is not
yet received. When subsequently received, the supporting documentation will
be retroactively reconciled to the payment.
J. Lost or Stolen Cards. Authorized Users are responsible for ensuri ng that
the issuing bank and the Finance Department are notified immediately if the
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Adopted: June 18, 2019
Page 16 of 26
card is lost or stolen. Failure to do so may result in holding the Authorized
User responsible for any fraudulent use of the card.
K. Disciplinary Action. The Human Resources Department is responsible for
all disciplina r y action surrounding misuse of cards, including cancellation of
card privileges.
L. Surrender upon Request or Separation. The credit card will be
immediately surrendered upon separation from City employment, retirement,
termination or upon request of the City Manager. Use of the credit card for
any purpose after its surrender is prohibited.
FEDERALLY FUNDED PROCUREMENTS
This section pertains to federal-funded projects and purchases .
VII. GENERAL PROCUREMENT STANDARDS
A. Code of Conduct. As representatives of the City, all employees are
expected to conduct themselves in a professional and ethical manner,
maintaini ng high standards of integrity and the use of good judgement.
Employees are expected to be principled in their business interactions and
act in good faith with individuals both inside and outside the City. The
following Code of Conduct shall govern the performance, behavior and
actions of the City, i ncluding employees, directors, appointed or elected
officials, volunteers, or agents who are engaged in any aspect of
procurement, including, but not limited to, purchasing goods and services,
awarding contracts and grants, and the administration and supervision of
contracts :
1. No employee, director, appointed or elected official, volunteer, or agent of
the City shall participate in the selection , award , or administration of
contracts supported by a federal award if a conflict of interest is real or
apparent to a reasonable person .
2. Conflicts of interest may arise when any employee, officer, or agent of the
City, any member of his or her immediate family, his or her partner, or an
organization which employs or is about to employ any of the parties
indicated herein, has a real or apparent financial or other interest in or a
tangible persona l benefit form a firm considered for the contract.
3. No employee, director, appointed or elected official, volunteer, or agent of
the City shall do business with, award contracts to, or show favoritism
toward a member of his or her immediate family, spouse's family, or to any
company, vendor, contractor, or parties to subcontractors who either
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Adopted: June 18, 2019
Page 17 of 26
employ or has any relationship to a family member; or award a contract or
bid which violates the spirit or intent of federal, state and local procurement
laws and policies established to maximize free and open competition among
qualified vendors .
4. The City's employees, directors, appointed or elected officials, volunteers,
or agents shall neither solicit nor accept gratuities, favors, gifts, consulting
fees, trips, or anything having a monetary value in excess of twenty-five
dollars ($25.00) from a vendor, potential vendor, family or employees of a
vendor, contractor or parties to subcontractors.
5. Disciplina r y measures for violations of the Code of Conduct by employees,
directors, appointed or elected officials, volunteers, or agents who are
engaged in any aspect of procurement, including, but not limited to,
purchasing goods and services, awarding contracts and grants, and the
administration and supervision of contracts could result in disciplinary
action, up to and including Dismissal , subject to the applicable due process
as prescribed in the City's Personnel Policies and Procedures.
B. Solicitation Procedures
1. Acquisition of unnecessary or duplicative items must be avoided.
Consideration should be given to consolidating or dividing procurements to
obtain a more economical purchase. When appropriate, an analysis will be
made of lease versus purchase alternatives, and any other appropriate
analysis to determine the most economical approach .
2. To foster greater economy and efficiency, and in accordance with efforts to
promote cost-effective use of shared services, the City shall enter into state
and local intergovernmental agreements or inter-entity agreements where
appropriate for procurement or use of common or shared goods and
services.
3. Procuring federal excess and surplus property in lieu of purchasing new
equipment and property whenever such use is feasible and reduces project
costs shall be utilized.
4. Value engineering clauses may be used in contracts for construction
projects of sufficient size to offer reasonable opportunities for cost
reductions. Value engineering is a syst ematic and creative analysis of each
contract item or task to ensure that its essential function is provided at the
overall lower cost.
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Page 18 of 26
5. Contracts shall only be awarded to responsible contractors possessing the
ability to perform successfully under the terms and conditions of a proposed
procurement. Consideration will be given to such matters as contractor
integrity, compliance with public policy, record of past performance, and
financial and technical resource s .
6. Records will be maintained sufficient to detail the history of procurement.
These records will include, but are not necessarily limited to the following:
rationale for the method of procurement, selection of contract type,
contractor selection or rejection, and the basis for the contract price. The
City Clerk will be the repository for said records and shall be maintai ned
for period of no less than seven (7) years.
7. Time and material type contracts (open-ended) may be used only after a
determination that no other contract is suitable. Time and material type
contract means a contract where the cost to the City is the sum of the
actual cost of materials and direct labor hours charged at fixed hourly rates
that reflect wages, general and administrative expense, and profit. Each
time and material contract will set a ceiling price that the contractor
exceeds at its own risk . A higher degree of oversight is required in order to
obtain reasonable assurance that the contractor is using effi cient methods
and effective cost controls.
6. The City alone will be responsible, in accordance with good administrative
practice and sound business judgment, for the settlement of all contractual
and administrative issues arising out of procurements. These issues
include, but are not limited to, source evaluation, protests, disputes, and
claims. These standards do not relieve the City of any contractual
responsibilities under its contracts. The federal awarding agency will not
substitute its judgment for that of the City unless the matter is primarily a
federal concern. Violations of law will be referred to the local, state, or
federal authority having proper jurisdiction.
C. Competition
1. All procurement transactions must be conducted in a manner providing full
and open competition. In order to ensure objective contractor performance
and eliminate unfair competitive advantage, contractors that develop or
draft specifications, requirements, statements of work, and invitations for
bids or requests for proposals will be excluded from competing for such
procurements. Some of the situations considered to be restrictive of
competition include, but are not limited to:
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Purchasing and Contracting Policy
Adopted: June 18, 2019
Page 19 of 26
a. Placing unreasonable requirements on firms in order for them to
qualify to do business;
b. Requiring unnecessary experience and excessive bonding;
c. Noncompetitive pricing practices between firms or between
affiliated companies;
d. Noncompetitive contracts to consultants that are on retainer
contracts;
e. Organizational conflicts of interest;
f . Specifying only a brand name product instead of allowing an equal
product to be offered and describing the performance or other
relevant requirements of the procurement; and
g. Any arbitrary action in the procurement process.
2. Procurements shall be conducted in a manner that prohibits the use of
statutorily or administratively i mposed state or local geographical
preferences in the evaluation of bids or proposals, except in those cases
where applicable federal statutes expressly mandate or encourage
geographic preference. Nothing in this section preempts state licensing
laws. When contracting for architectural and engineering (A/E) services,
geographic location may be a selection criterion provided its application
leaves an appropriate number of qualified firms, given the nature and size
of the project, to compete for the contract.
3. All solicitations will incorporate a clear and accurate description of the
technical requirements for the material, product, or service to be procured.
Such description must not, in competitive procurements, contain features
which unduly restrict competition. The description may include a statement
of the qualitative nature of the material, product or service to be procured
and, when necessary, must set forth those minimum essential
characteristics and standard to which it must conform if it is to satisfy its
intended use. Detailed product specifications should be avoided if at all
possible. When it is impractical or uneconomical to make a clear and
accurate description of the technical requirements, a brand name or
equivalent description may be used as a means to define the performance
or other relevant requirements of procurement. The specific features of the
named brand which must be met by offers must be clearly stated.
4. Bids and proposals shall identify all the requirements which the offerors
must fulfill and all other factors to be used in evaluation bids or proposals
D. Methods of Procurement. In addition to the City's purchasing policy
approval limits, one of the following methods should be used:
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Adopted: June 18, 2019
Page 20 of 26
1. Micro-purchase: Purchases where the aggregate dollar amount does not
exceed $3,000, or the current limitation set by the Federal Acquisition
Regulation at 48 CFR Subpart 2.1, where this threshold is periodically
adjusted for inflation .
2. Small purchase: Purchases up to the Simplified Acquisition threshold,
which is currently $150,000. Informal purchasing procedures are
acceptable, but price or rate quotes must be obtained from an adequate
number of sources.
3 . Sealed bid: Purchases over the Simplified Acquisition threshold, which is
currently $150,000. Under this purchase method, formal solicitation is
required, and the fixed price (lump sum or unit price) is awarded to the
responsible bidder who conformed to all material terms and is the lowest
in price. This method is the preferred procurement method for construction
contracts, if the following conditions apply:
a. A complete, adequate, and realistic specification or purchase
description is available;
b . Two or more responsible bidders are willing and able to compete
effectively for the business, and,
c . The procurement lends itself to a firm fixed price contract and the
selection of the successful bi dder can be made principally based on
price.
If this method is used, the following requirements shall apply:
d. The invitation for bids will be publicly advertised and bids must be
solicited from an adequate number of known suppliers, providing
them sufficient response time prior to the date for opening the bids;
e. The invitation for bids, which will include any specifications and
pertinent attachments, must define the terms or services in order for
the bidder to properly respond;
f. All bids will be publicly opened at the time and place prescribed in
the invitation for bids;
g. A firm fi x ed price contract award will be made in writing to the lowest
responsive and responsible bidder. Where s pecified in bidding
documents, factors such as discounts will only be used in determining
which bid is lowest. Payment discounts will only be used to determine
the low bid when prior experience indicates that such discounts are
usually taken advantage of; and
h . Any or all bids may be rejected if there is a sound documented
reason .
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Purchasing a nd Contracting Policy
Adopted: June 18, 2019
Page 2 1 of 26
4. Competitive proposals: Purchases over the Simplified Acquisition
threshold, which is currently $150,000. This procurement method requires
formal solicitation, fixed-price or cost-reimbursement contracts, and is used
when sealed bids are not appropriate. The contra ct should be awarded to the
responsible firm whose proposal is most advantageous to the program, with
price being one of the various factors. If this method is used , the following
requirements apply:
a. Requests for proposals must be publicized and identify all evaluation
factors and their relative importance. Any response to publicized
requests for proposals must be considered to the maximum extent
practical;
b. Proposals must be solicited from an adequate number of qualified
sources;
c. The methods for conducting technical evaluations of the proposals
received and for selecting reci pients may include, but not limited to:
oral interviews, references, past performance, availability to perform
work, and certifications as determined by project scope.
d. Any response that takes ex ception to any mandatory items in this
proposal process may be rejected and not considered;
e. Contracts must be awarded to the responsible firm whose proposal
is most advantageous to the program, with price and other factors
considered; and,
f. Competitive proposal procedures may be used for qualifications-
based procurement of architectural/engineering (A/E) professional
services whereby competitors' qualifications are evaluated, and the
most qualified competitor is selected , subject to negotiation of fair
and reasonable compensation. The method, where price is not used
as a selection factor, can only be used in procurement of A/E
professional services. It cannot be used to purchase other types of
services, though A/E firms are a potential source to perform the
proposed effort.
5. Noncompetitive proposals: Also known as sole-source procurement,
this may be appropriate only when one or more of the following criteria are
met:
a . The item is available only from a single source;
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Page 22 of 26
b. The public emergency for the requirement will not permit a delay
resulting from competitive solicitation;
c. The Federal awarding agency or pass-through entity expressly
authorizes noncompetitive proposals in response to a written request
from the non-federal entity; or
d. After solicitation of a number of sources, competition is determined
inadequate.
E. Contract Cost and Price. A cost or price analysis shall be performed in
connection with every procurement action in excess of the Simplified
Acquisition threshold ($150,000) including contract modifications. The method
and degree of analysis is dependent on the facts surrounding the particular
procurement situation, but as a starting point, independent estimates shall be
made prior to receiving bids and proposals.
1. Profit shall be negotiated as a separate element of the price for each
contract in which there is a no price competition and, in all cases, where cost
analysis is performed. To establis h a fair and reasonable profit, consideration
must be given to the complexity of the work to be performed, the risk borne
by the contractor, the contractor's investment, the amount of subcontracting,
the quality of its record of past performance, and industry profit rates in the
surroundi ng geographical area for similar work.
2. Costs or prices based on estimated costs for contracts under the federal
award are allowable only to the extent that costs incurred or cost estimates
included in negotiated prices would be allowable for the City under Subpart
E-Cost Pri nciples of Part 200-Uniform Administr ative Requirements, Cost
Principles, and Audit Requirements for Federal Awards.
3. The cost plus a percentage of cost and percentage of construction cost
methods of contracting shall be used.
F. Federal Awarding Agency or Pass-Through Entity Review.
1. The City shall make available, upon request of the federal awarding agency
or pass-through entity, technical specifications on proposed procurements
where the federal awarding agency or pass-through entity believes such
review is needed to ensure that the item or service specified is the one being
proposed for acquisition. This review generally will take place prior to the time
the specification is incorporated into a solicitation document. However, if the
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Purchasing and Contracting Policy
Adopted: June 18, 2019
Page 23 of 26
City desires to have the review accomplished after a solicitation has been
developed, the Federal awarding agency or pass-through entity may still
review the specifications, with such review usually limited to the technical
aspects of the proposed purchase.
2. The City will make available upon request, for the Federal awarding agency
or pass-through entity pre-procurement review, procurement documents,
such as requests for proposals or invitations for bids, or independent cost
estimates, when:
a. Procurement procedures or operations fails to comply with the
procurement standards in this part;
b. The procurement is expected to exceed the Simplified Acquisition
Threshold ($150,000) and is to be awarded without competition or only
one bid or offer is received in response to a solicitation;
c. The procurement, which is expected to exceed the Simplified Acquisition
Threshold, specifies a "brand name" product;
d. The proposed contract is more than the Simplified Acquisition Threshold
and is to be awarded to other than the apparent low bidder under a
sealed bid procurement; or
e. A proposed contract modification changes the scope of a contract or
increases the contract amount by more than the Simplified Acquisition
Threshold.
3. The City is exempt from the pre-procurement rev iew in paragraph 2 of this
section if the federal awarding agency or pass-through entity determines that
its procurement systems comply with the standards of this part.
4. The City may request that its procurement system be reviewed by the
federal awarding agency or pass-through entity to determine whether its
system meets these standards in order for its system to be certified.
Generally, these reviews must occur where there is continuous high-dollar
funding , and th ird-party contracts are awarded on a regular basis;
5. The City may self-certify its procurement system. Such self-certification
must not limit the federal awarding agency's right to survey the system. Under
a self-certification procedure, the federal awarding agency may rely on written
assurances from the City that it is complying with these standards. The City
must cite specific policies, procedures, regulations, or standards as being in
compliance with these requirements and have its system available for review.
G. Bonding Requirements. For construction or facility improvement
contracts or subcontracts exceeding the Simplified Acquisition Threshold
Resolution No . 2 01 9 -02 1
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Adopted: June 18, 2019
Page 24 of 26
($150,000), the federal awarding or pass-through entity may accept the
bonding policy and requirements of the City provided that the federal awarding
agency or pass-through entity has made a determination that the federal
interest is adequately protected . If such a determination has not been made,
the minimum requirements must be as follows:
1. A bid guarantee from each bidder equivalent to five percent (5%) of the bid
price. The bid guarantee must consist of a firm commitment such as a bid
bond, certified check, or other negotiable instrument accompanying a bid as
assurance that the bidder will, upon acceptance of the bid , execute such
contractual documents as may be required within the time specified;
2. A performance bond on the part of the contractor for 100 percent (100%)
of the contract price. A performance bond is one executed in connection with
a contract to secure fulfillment of all the contractor's obligations under such
contract; and,
3. A payment bond on the part of the contractor for 100 percent (100%) of
the contract price. A payment bond is one executed in connection with a
contract to assure payment as required by law of all persons supplying labor
and material in the execution of the work provided for in the contract.
H. Contract Provisions. All federal funding source compliance provisions
shall include the following:
1. Equal Employment Opportunity-All contracts , when funded in whole or
partly by monies derived from the federal government ( either directly or
indirectly), shall contain a provision requiring compliance with Equal
Employment Opportunity.
2. Davis-Bacon Act-Applies to construction contracts in excess of $2,000. It
requires contracts to pay laborers and mechanics wages not less than the
prevailing wage as determined by the Secretary of Labor and must be required
to pay wages not less than once a week . Each bid solicitation published by the
City must contain the current prevailing wage determination . Any award of
the contract must be conditioned on contractor's acceptance of that wage
determination and suspected or reported violations of this act shall be
immediately reported to the Federal awarding agency .
3. Copeland "Anti-Kickback" Act-Applies to construction contracts in excess
of $2,000. It prohibits kickbacks in construction contracts funded with Federal
monies. Contractors and subcontractors or subrecipients shall be prohibited
from inducing any person employed in the construction , completion , or repair
Resolution No . 2 01 9 -02 1
Purchasing a nd Contracting Policy
Adopted: June 18, 2019
Page 2 5 of 26
of public work, to give up any part of the compensation to which he or she is
otherwise entitled and suspected or reported violations shall be immediately
reported to the Federal awarding agency.
4. Clean Air Act & Federal Water Pollution Control Act-Applies to contracts
and sub grants in excess of $150,000 . Contractor shall be required to comply
with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act and the Federal Water Pollution Control Act. Suspected or
reported violations must be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency (EPA).
5. Debarment and Suspension-Contracts funded with federal grant monies
may not be awarded to contractors that have been debarred or s uspended
from r eceiving federal monies pursuant to the System for Award Management
(SAM).
6. Byrd Anti-Lobbying Amendment-Contractors that apply or bid for an award
of $100,000 must certify that they will not and have not used federal funds to
pay any person or organization for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award .
I. Contracting with small and minority business, women's business
enterprises, and labor surplus area firms. All necessary affirmative steps
will be taken to assure that minority business, women's business enterprises,
and labor surplus area firms are used when possible . Affirmative steps include:
1. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
2. Assuring that small and minority businesses and women's business
enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks
or quantities to permit maximum participation by small and minority
businesses and women 's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses and women 's
business enterprises;
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Purchasing and Contracting Policy
Adopted: June 18, 2019
Page 26 of 26
5. Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development
Agency of the Department of Commerce; and,
6. Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs (1) through (5) of th is section.
ACTIVITY LOG (ICS 214) - MODIFIED FOR FIELD STAFF
1. Incident Name:2. Operational Period: Date From:_______________ Date To: _________________
Time From:_______________ Time To:_________________
3. Name of Crew Leader:4.Assignment:5.City Department:
6.Resources Assigned:
VEHICLE
Start of Shift End of Shift
1. Vehicle/Equipment
Vehicle Number, Make and Model
Mileage/Hours 1 2
Condition/Damage: 1 2
2. Vehicle/Equipment
Vehicle Number, Make and Model
Mileage/Hours 1 2
Condition/Damage: 1 2
MATERIALS
Description of materials Purpose of Materials City Equip Rented Donated Vendor PO # Hrs Miles
8. Prepared by: Name:__________ Position/Title: ____________________ Signature: ______________________________
ICS 214, Page 1 of __ Date: ______________________________ Time: _________________
ATTACHMENT 3
ACTIVITY LOG (ICS 214) - MODIFIED FOR FIELD STAFF
1. Incident Name: 2. Operational Period: Date From:________________ Date To:_______________
Time From:________________ Time To:_______________
3. Employee Name:
4. Assignment:
5. City Department
Police
PERSONNEL
Crew Member Names City Position Straight Time (hours) Overtime (hours)
NOTES
**Notes:
Other Equipment (any specialty equipment that is
not a vehicle because of assignment):
Notes
*Please attach any accident or personnel work
related injury reports
7. Activity Log:
Start Time Stop Time Mileage Location/
Address
Incident # Disaster Related Problem (please
clearly indicate the number of hours if a
vehicle is used as a barricade)
Corrective Actions Taken
8. Prepared by: Name: ____________________________ Position/Title: ____________________ Signature: _____________________________
ICS 214, Page 2 of ___ Date: ______________________________ Time: _________________
ACTIVITY LOG (ICS 214) - MODIFIED FOR FIELD STAFF
1. Incident Name: 2. Operational Period: Date From: _______________ Date To: _______________
Time From: _______________ Time To: _______________
3. Employee Name:
4. Assignment:
5. City Department
Streets
7. Activity Log (continuation):
Start Time Stop Time Mileage Location/
Address
Incident # Disaster Related Problem (please
clearly indicate the number of hours if a
vehicle is used as a barricade)
Corrective Actions Taken
8. Prepared by: Name: __________Position/Title: ____________ _____ Signature: ______________________________
ICS 214, Page 3 of ___ Date: ______________________________ Time: _________________