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2009-06-16; City Council; 19856; Ortho photograpy and topo mapping agreement
CITY OF CARLSBAD - AGENDA BILL AB# 19,856 MTG. 06/16/09 DEPT. CIS APPROVAL OF AN AGREEMENT FOR PROFESSIONAL SERVICES TO ACQUIRE HIGH-RESOLUTION ORTHO- PHOTOGRAPHY AND TOPOGRAPHIC MAPPING DEPT. HEAD If* CITY ATTY. /®>s CITY MGR. . (Jj RECOMMENDED ACTION: Adopt City Council Resolution No. 2009-140 approving a consultant agreement for professional photogrammetric and mapping services with Digital Mapping, Inc., (DMI, Inc.) a California Corporation, to provide digital aerial photography and two-foot contour data mapping for Carlsbad and eight other agencies. ITEM EXPLANATION: Aerial photography and topographic data, in conjunction with other information available within the city's geographic information system (GIS), is an important information source of locational information for various city operations, including public works maintenance, storm water operations, assessing current land use, validating code enforcement investigations, and supporting public safety operations. For the past nine years, the GIS has used a two-tiered approach to provide city staff aerial photography and topographic contour data in a cost- effective manner. This approach provides for detailed (and high cost) photography and contours every four years, and medium detail (and inexpensive) photography each year. For example, the high-resolution photography and contours acquired in 2005 cost $60,000, while the medium detail products are typically $1,500 per year. This current project involves cost-sharing the acquisition of the aerial photography and topographic contour data with eight other agencies (Oceanside, San Marcos, Vista, Encinitas, Solana Beach, Escondido, Poway and Santa Fe Irrigation District), with Carlsbad serving as the contracting agency. This approach is an effective way to reduce costs by purchasing in volume and by sharing the costs of photography in areas shared by other agencies. These agencies are obligating their share of funding to Carlsbad for this project via signed Memorandums of Understanding (MOUs). FISCAL IMPACT: The total contract cost to acquire aerial photography and topographic data for the area encompassed by the nine agencies is $271,040, of which Carlsbad's portion is $34,280. The balance of $236,760 will be funded during the project by regular transfers of money from participating agencies on a set schedule to keep pace with invoicing from contractor (DMI, Inc.). The schedule for these transfers to Carlsbad is as follows: DEPARTMENT CONTACT: Karl von Schlieder 602-2434 karl.vonschlieder@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED * D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D Page 2 Pymnt No. 1 2 3 4 5 Description of Deliverable Contract between Carlsbad and Contractor approved by Carlsbad City Council Flights completed for imagery/LiDAR acquisition Production of contour data for project area complete First delivery of products Miscellaneous costs for copying, mailing, etc. % of Contribution 30% 30% 25% 15% Actual Funding for Carlsbad's portion of the project ($34,280) is to be paid by FY2008-09 budgeted funds from the following departments: Community Development 40%-$13,712 Public Works 40%-$13,712 Police 10%- $3,428 Fire 7% - $2,400 Parks & Recreation 3% - $1,028 ENVIRONMENTAL IMPACT: Pursuant to Section 15061(b)(3) of the state California Environmental Quality Act (CEQA) Guidelines the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. EXHIBITS: 1. City of Carlsbad Resolution No. 2009-140 approving a consultant agreement for professional photogrammetric and mapping services with Digital Mapping, Inc., a California Corporation, to provide ortho-rectified aerial photography and topographic contour data. 2. Consultant agreement with Digital Mapping, Inc., a California Corporation. 3. Memorandum of Understanding and signature pages executed by the following public agencies detailing the obligations of each agency for the project, and the amount of cost-shared funding provided by each agency: a. City of Encinitas b. City of Escondido c. City of Oceanside d. City of Poway e. City of San Marcos f. Santa Fe Irrigation District g. City of Solana Beach h. City of Vista ibif \ 1 RESOLUTION NO. 2009-140 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 3 CONTRACTOR AGREEMENT FOR PROFESSIONAL 4 PHOTOGRAMMETRIC AND MAPPING SERVICES WITH DIGITAL MAPPING, INC., A CALIFORNIA 5 CORPORATION TO PROVIDE ORTHO-RECTIFIED AERIAL PHOTOGRAPHY AND TOPOGRAPHIC 6 CONTOUR DATA FOR A NINE-AGENCY CONSORTIUM 7 WHEREAS, the City of Carlsbad and eight other North County public agencies 8 9 (Encinitas, Escondido, Oceanside, Poway, San Marcos, Solana Beach, Vista, and 10 Santa Fe Irrigation District) require the professional services of a photogrammetric and 11 mapping contractor that is experienced in the acquisition of ortho-rectified aerial 12 photography and mapping topographic contour data; and, 13 WHEREAS, the firm of Digital Mapping, Inc., a California Corporation was 14 selected as the most qualified firm to perform the work; and, WHEREAS, the selection of the contractor is expected to achieve the desired 16 results in an expedited fashion; and, 17 WHEREAS, the contractor has submitted a proposal to City and has affirmed its 18 willingness and ability to perform such work, and; 20 WHEREAS, the products produced by the Agreement will benefit the City of 21 Carlsbad and the eight other public agencies participating in the project; and, 22 WHEREAS, the costs of the work are to be shared among Carlsbad and the 23 eight other participating agencies on a per area basis, with consideration for cost- sharing of common areas according to Memorandums of Understanding (MOU) with 25 each agency. 26 // 27 // 28 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 2 Carlsbad, California, as follows: 3 1. That the above recitations are true and correct. 4 2. That the amount of $34,280 is available from FY2008-09 departmental 5 budgets for Carlsbad's share of the contract cost. 6 7 3. That the amount of $236,760 is to be provided by the eight other participating agencies as specified in each agency's signed signature page of the MOU. 4. That the Mayor of the City of Carlsbad is authorized to execute the Consultant Agreement and the MOU. 12 // 13 14 15 16 " 17 " 18 // 19 // 20 // 21 // 22 // 23 24 25 26 " 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 16th day of June, 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. , Mayor ^y/^ &3f LORRAtNE M. tfVQbD,<£Jty Clerk (SEAL) = «j-i, EXHIBIT "2" AGREEMENT FOR ACQUISITION OF HIGH-RESOLUTION ORTHOPHOTOGRAPHY AND TOPOGRAPHIC MAPPING DIGITAL MAPPING, INC. /THIS AGREEMENT is made and entered into as of the ( ff*0 day of 20ffi. by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Digital Mapping, Inc., a California Corporation, ("Contractor"). RECITALS A. City requires the professional services of a photogrammetric and mapping contractor that is experienced in the acquisition of ortho-rectified aerial photography and mapping topographic contour data. B. Contractor has the necessary experience in providing professional services and advice related to developing orthophotography and topographic contour databases. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of eighteen months from the date first above written. The City Manager may amend the Agreement to extend it for one additional one year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. City Attorney Approved Version #05.06.08 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be two-hundred and seventy-one thousand and forty dollars ($271,040). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. City Attorney Approved Version #05.06.08 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VM". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1.000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. City Attorney Approved Version #05.06.08 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City of Carlsbad and the Cities of Encinitas, Escondido, Oceanside, Poway, San Marcos, Solana Beach, Vista and the Santa Fe Irrigation District will be named as an additional insureds on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. City Attorney Approved Version #05.06.08 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv: For Contractor: Name Karl von Schlieder Name Gencaga Alivazicioglu Title GIS Manager Title Chief Executive Officer Department Community Development Address 21062 Brookhurst St. Ste 101 Citv of Carlsbad Hunginaton Beach . CA 92646 Address 1635 Faraday Av Phone No. 714-968-5459 Carlsbad CA 92008-7314 Phone No. 760-602-2434 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version #05.06.08 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version #05.06.08 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor City Attorney Approved Version #05.06.08 on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version #05.06.08 8 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CITY OF corporati By: ATTEST: LORRAINE City Clerk (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney Deputy City Attorny City Attorney Approved Version #05.06.08 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of. NYlNi ^ On ^ Date personally appeared Uucxncx before me,,me1Here Insert Name1 and Title of the Officer SHANNON TESSIER Commiukm * 1814211 WotiryPutHic-CalifornHOrang* County who proved to me on the basis of satisfactory evidence to be the person^ whose name(f) w^n|)subscribed to the within instrument and acknowledged to me that cuted the same in hte/herjjfigif^authorized ), and that by his/her(ffiei£kignature(^ on the instrument the person^, or the entity upon behalf of which the person^)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and officiaj seal. Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Tide or Type of Document: Document Date: KAQ>) ^Q/ 200^Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Name:. D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: ^US^ C\OQlXA RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association• 9350 De Soto Ave., P.O.Box 2402«Chatsworth,CA 91313-2402-www.NationalNotary.org Item #5907 Reorder:CallToll-Free 1-800-876-6827 EXHIBIT "A" SCOPE OF SERVICES General DMI, Inc. will perform the following services for the City of Carlsbad: 1. Establish geodetic control for rectification of data products; 2. Develop a flight plan to collect project data (photography and LiDAR) for the entire 364.58 square mile (1,694 2000'x3000' tiles) Area of Interest (AOI); 3. Conduct overflights of the AOI to collect the project data; 4. Create LiDAR bare earth model for ortho-rectification and 2' contours; 5. Process the digital photography; 6. Perform aerial triangulation tasks to create the exterior framework for rectification of photography; 7. Create and code 2' contours for the entire AOI; 8. Rectify the photography to produce 4" orthophotography; 9. Conduct seamline editing; 10. Perform final tiling, mosaicing and color balancing; 11. Deliver products. For the entire project, the following general specifications will apply when performing the work in a given task: PRODUCTS IMAGE RESOLUTION PHOTO SCALE PROJECTION UNITS DATUM COLLECTION METHOD COLLECTION WINDOW FLYING CONDITIONS IMAGE QUALITY El 0 El 0 El El El El Elm El El Will El 0 El Digital true-color orthophotography for the entire AOI 2-ft topographic contours for the entire AOI 4-inch Photography must be captured at a scale sufficient for producing 1" = 100' planimetric mapping to meet the ASPRS Class 1 Accuracy Standards for Large Scale Maps DMI will provide a certification of product accuracy in terms of ASPRS Class Accuracy Standards for all products furnished. The statement should specifically warrant that the delivered products are sufficient to be used for the intended purposes stated California State Plane coordinates, Zone VI, 1993 HARN Adjustment US Survey Feet (State Plane projections) Horizontal datum is NAD83 Vertical datum is NAVD88 Direct digital capture with a digital-based matrix array aerial camera The digital frame will capture natural color imagery Summer 2009 to Spring 2010 not be undertaken when: The ground is obscured by clouds, haze, fog, dust, or smoke There are objectionable shadows caused by clouds, relief or low solar altitude The image with the best contrast will be used as a reference image when the color digital ortho images are mosaicked 10 City Attorney Approved Version #05.06.08 0 Images will not contain defects such as out-of-focus imagery, blurs, whorls, twists, color blemishes, dust marks, scratches, vignetting, hot spots, or inconsistencies in tone and density between individual orthophotos and/or adjacent sheets 0 Images will be free of unacceptable, elevation-induced distortions IMAGE TILING 0 Orthophotos will be organized using the established tile grid shown in Attachment A and delivered to DMI in shapefile format. El All orthophoto tiles will be fully occupied by imagery and LiDAR data. 0 Orthophotos will not be clipped to agency boundaries. FILE FORMATS 0 TIFF format with associated TIFF World Files 0 Must not be a compressed TIFF 0 A MrSID format file, organized optimally for each participating agency, and created with a 25:1 compression ratio 0 All image files must be readable within the current versions of ESRI's ArcGIS software DELIVERY METHOD 0 The preferred method of data delivery to each participating agency is on an external hard-drive with a USB 2.0 or a Firewire (IEEE 1394A) interface 0 Acceptable method of data delivery to each participating agency is on DVD media METADATA 0 Will be complete and accurate in ArcGIS compatible format. 0 Will be FGDC compliant according to the FGDC's "Content Standards for Digital Geospatial Metadata". 0 In addition, will include a one page fact sheet, written in layman's terms, with clear, concise, and understandable information about orthophoto positional accuracy, resolution, flight dates/times, limitations of use, etc. 0 In addition, will include a similar one page fact sheet with information about the project's topographic contours. FLIGHT LINES 0 A digital flight line index must be included with the image files that indicate both photography center points and flight line directions 0 Date and time of image capture will be included as a metadata field Project Specifications Aerial Photography Specifications Existing Monumentation and Ground and Photo Control San Diego County, along with several local agencies, has established an extensive and highly accurate monumentation network. To the maximum extent both possible and practicable, DMI will make use of this monumentation network when establishing ground control and photo control in their proposals. DMI will provide the location and identification of all ground control and photo control points used (and/or newly established) during the flyover in ArcGIS™ Personal GeoDatabase or shapefile format. 11 City Attorney Approved Version #05.06.08 Environmental Conditions Photography will not be undertaken when the ground is obscured by clouds, haze, fog, or dust, or when cloud shadows will appear on more than 5 % of the area in any one photograph. The photographs will not contain objectionable shadows caused by relief or low solar altitude. Photography will not be attempted when the solar altitude is less than 25 degrees over open terrain with low relief, or less than 35 degrees over steep terrain. City Attorney Approved Version #05.06.08 12 Agency Selected Tiles Total Area - 364.58 sq. miles Total = of Tiles = 1694 Participating Agencies City of Carlsbad City of Encinitas City of Escondido City of Oceanside City of Poway City of San Marcos City of Solana Beach City of Vista Santa Fe Irrigation District ATTACHMENT A IMAGERY ACQUISITION AREA 13 City Attorney Approved Version #05.06.08 Flight Plan and Scale DMI will prepare a proposed flight plan based on the orientation and extent of the AOI, as displayed in Attachment A, which will show the flight lines to be utilized. Each flight line will be flown continuously across the project area. The principal points of the first two (2) and last two (2) frames of each flight strip will fall outside the boundaries of the project area, and all side boundaries will be covered by a minimum of 25 % of the photo frame. This flight plan will be submitted as part of the proposal. The final accepted flight plan to be developed after contract award will be submitted in ArcGIS™ Personal GeoDatabase or shapefile format to Carlsbad upon completion of the photography. In this digital flight plan, a point feature class will be digitized to represent the principal point of each individual photographic frame. The attribute table of the principal points database will indicate a unique ID for each point, the frame number, the flight line number to which the frame belongs, the starting and ending flight line segments to which the frame belongs, the state plane coordinates of the principal point of the photo frame, the three dimensional (Airborne GPS) coordinates of the sensing platform at the time of frame exposure, and the attitude (roll, pitch and yaw angles) of the sensing platform at the time of frame exposure. Each flight line will be digitized as a chain of individual line segments representing the flight line segments connecting the principal points of the consecutive photo frames. Each flight line will be digitized in the order and direction that the frames are flown. The attribute table of the flight line segments will indicate a unique ID for each segment, the flight line number to which the segment belongs, the IDs of the "From" and "To" principal points defining the segment and the straight line (planar) distance of each segment in feet. Aerial photography not meeting requirements outlined in these requirements will be reflown by DMI at no additional cost to Carlsbad, with the reflight coverage overlapping the accepted photography by at least two stereo models. Natural color aerial photography will be obtained at an appropriate scale to produce the specified 1" = 100' color digital orthophotography. End lap. Side lap. Crab. Tilt Consecutive photos in each flight line will have an average forward overlap of 60 % (± 2 %) to ensure full stereoscopic coverage. End lap of less than 55 % in one or more exposures will be cause for rejection of the flight strip, or a portion thereof. City Attorney Approved Version #05.06.08 14 ,r,*" \," j-(,-..~s' Side lap between adjacent parallel flight lines will be a minimum of 30 %. Any parallel flight lines having side lap of 25 % or less will be rejected and reflown. Crab in excess of three degrees (3°) measured with respect to both lines of flight may be cause for rejection of a flight strip or any portion thereof in which the excess crab occurs. This includes relative crab between any two successive exposures. Tilt of the camera from vertical at the instant of exposure will not exceed 3 %, nor will it exceed 5 % between successive exposure stations. Average tilt over the entire project will not exceed 1 %. Aerial Camera DMI must accomplish the photography with a digital based aerial camera. The digital camera must be of the "matrix array" variety, which takes only full frame digital photographs, and will not be of the "pushbroom" or "linear array" variety. The aerial camera will be a precision aerial mapping camera equipped with a low distortion, high resolution lens. Camera characteristics will be such that the aerial photographs taken can be satisfactorily used with DMI's proposed photogrammetric compilation equipment and environment. The camera will be equipped with and utilize electronic Forward Motion Compensation. The digital aerial images will be clear and sharp in detail and of high radiometric quality. The camera will capture the images in an uncompressed "lossless" image format. The camera will, at minimum, utilize a 24-bit per pixel radiometric resolution. The images will also be free from image blurs, image artifacts, "cold" or "hot" pixels, color distortion, color balance or tonal problems, or any other kind of "digital blemish". The entire project area will be flown using one type of camera assembly. If the dimensional stability of the camera has been disturbed since its last calibration, DMI should have the camera recalibrated prior to acquisition of photography. DMI will be ultimately responsible for errors caused as a result of incorrect calibration of the camera. Airborne GPS (ABGPS) In the acquisition of the aerial photography, airborne GPS data will be captured using an onboard dual frequency GPS receiver and an equivalent ground base station receiver. The photogrammetric camera must have an event marker to send and receive the returning pulses from the geodetic survey grade receiver. Base station receivers will also accept dual frequency receivers. The receivers City Attorney Approved Version #05.06.08 15 will collect the GPS data at one-second intervals and post-processed using on- the-fly (OTF) ambiguity resolution techniques to obtain positions on each exposure station within an RMSE of 5 cm. To reduce potential errors, the base station receivers and the airborne receiver should be of the same make and airborne GPS compatible. To maintain quality, the PDOP should not exceed 4, the satellite configuration should be a minimum of five (5) satellites when collecting data during the flight mission and the mask must be a minimum of ten degrees (10°). The number of base stations required should be a minimum of two (2) with each baseline being no more than 30 miles from each other. It is preferable to have at least one base station located within the project site. Each base station must be positioned over a first order point (such as a HARM point). DMI will be responsible for post-processing the airborne and base station data and prepare this data for aerial triangulation processes. The processing should be performed daily to ensure the recordings for each flight are acceptable. Any flight lines with unsatisfactory recordings will be re-flown at the earliest opportunity. A hardcopy and digital format may be required for delineating the nadir point on each exposure (easting, northing, and elevation). The accuracy of each point must meet the mapping requirements as noted in this document. If deemed necessary, supporting ground-based GPS surveys will be conducted by DMI with sufficient accuracy to support production of the final orthophotos and topographic mapping to meet ASPRS Class 1 Accuracy Standards for 1" = 100' mapping. Digital Frames One set of digital photo frames will be prepared from the original digital exposures. These digital frames will be in uncompressed TIFF image format containing the full 8-bit radiometric pixel values for each wavelength that is collected, and will be available for inspection by Carlsbad for color balance and tone selection. . Digital Orthophoto Requirements General Specifications Color digital orthophotos will be produced for the entirety of all tiles specified within the project area (see Attachment A), i.e. all tiles will be 100% filled with data. The digital image will also be digitally rectified to an orthographic projection on a pixel-by-pixel basis. City Attorney Approved Version #05.06.08 16 Equipment and Production Requirements Camera pixel resolution (for digital photography) - Raw pixel size = 0.31'; GSD Output ground sample distance = <0.33' or 4". Ground Resolution - Digital orthophotos will be delivered at a resolution of 4- inches for the 1" = 100' orthophotos. Image Mosaicking and Quality - The image with the best contrast will be used as a reference image when the color digital orthophoto images are mosaicked. All other images will have their brightness values adjusted to that of the reference image. The delivered color digital orthophotos will not contain defects such as out-of-focus imagery, blurs, whorls, twists, color blemishes, dust marks, scratches, vignetting, hot spots or inconsistencies in tone and density between individual orthophotos and/or adjacent sheets. Orthophoto Check Files One set of digital orthophotos at 1" = 100' for the project area(s) will be provided for each orthophoto map tile (see Attachment A) and delivered in GeoTIFF format. Any orthophoto check file that is rejected and returned to DMI for corrections will necessitate a new replacement file. DMI will set up a tracking program to track the quality control status of each delivery. Data Structure and Coordinate System The final data deliveries will consist of a complete set of digital orthophoto files per agency (based on the map tile grid in Attachment A) in GeoTIFF image format on external hard disk drives (although DVD disk media may be permitted). All orthophoto files will be georeferenced by DMI prior to delivery. World coordinate files for each orthophoto file will also be delivered. Additionally, a set of MrSID™ format files, organized optimally for each participating agency, and created with a 25:1 compression ratio, will be provided as a deliverable to each agency. All digital orthophoto products will be referenced horizontally to the California State Plane Coordinate System, North Zone, NAD83,1993 HARM Adjustment. Accuracy Standards The digital orthophotos produced through this procurement will meet the ASPRS Class 1 Accuracy Standards for Large Scale Maps. City Attorney Approved Version #05.06.08 17 LiDAR Specifications The LiDAR cloud will contain elevation values for first and, where applicable, last and intermediate return signals. The LiDAR cloud will cover the areas of the AOI and will extend beyond the borders of those areas sufficiently to produce a smooth and accurate surface. The LiDAR mission will be flown with the photography mission. In all cases, the LiDAR data captured will be of sufficient quality and density to support the creation of a DEM for use in the creation of the orthophotos and for generation of 2 foot contours DMI will validate the quality of the LiDAR data at the end of each mission day. The LiDAR deliverable will be a digital file of x, y, and z points. Where applicable, multiple z points and return signal intensity values, if any, will also be included. All LiDAR points will be referenced horizontally to the California State Plane Coordinate System, North Zone, NAD83, 1993 HARM Adjustment. Vertical (z) values will be referenced to the National Geodetic Vertical Datum (NGVD) 1988 Adjustment. Digital Elevation Model (DEM) Specifications A DEM (bare earth surface) will be produced for the AOI to support the creation of the digital orthophotos. The DEM(s) shall consist of LiDAR elevation data sufficient to create digital orthophotography free of elevation-induced distortion. Examples of unacceptable distortion include crooked or wavy bridges, overpasses and building roof-lines. All hydrography lines, bridges, buildings, road and parking lot edges, rail centerlines, and any other significant feature causing an abrupt change in the terrain, will be compiled as terrain breaks if they produce visible distortion in the final orthophotography. The DEM deliverable will consist of digital files in ASCII text format for each tile in the AOI. All DEM data will be referenced horizontally to the California State Plane Coordinate System, North Zone, NAD83, 1993 HARN Adjustment. Vertical (z) values will be referenced to the National Geodetic Vertical Datum (NGVD) 1988 Adjustment. Topographic Contour Line Specifications Topographic lines will be computer generated from DEM data with a two foot interval for the entire AOI. The resulting lines will be smoothed cartographic curves which are continuous, pass through buildings, and reflect the terrain under bridges and overpasses. The lines shall not loop, repeat, contain gaps or broken segments, or intersect other contour lines. All contour lines must be spatially consistent in the elevation they are intended to represent. The attribute City Attorney Approved Version #05.06.08 18 table of the contour lines will contain a numeric value representing the elevation of the contour line and the line type, coded as follows: 1 = Intermediate Contour Line 2 = Index Contour Line 3 = Depression Contour Line - Intermediate 4 = Depression Contour Line - Index All contour lines generated for this project will meet or exceed map accuracy standards for ASPRS Class 1 Accuracy Standards. Topographic Contour Line Deliverables The topographic contour line deliverable will consist of an ArcGIS personal geodatabase layer or shapefile of two foot contour intervals, referenced to the California State Plane coordinate system, Zone VI, NAD 83, with elevation value referenced to the National Geodetic Vertical Datum of 1988. Payment Schedule/Project Schedule Payments to DMI will be made in response to invoices submitted to the City of Carlsbad Project Manager, according to percent complete of each task as listed below, on a monthly basis. Because the overall schedule of start and end of the project is dependent on the date of initial overflight, the following schedule is for elapsed time to accomplish each task. Task Task 1 - Review Source Data and Develop Flight Plan Task 2 - Geodetic Control Survey Task 3 - LiDAR and Imagery Acquisition Task 4 - Aerial Triangulation Task 5 - Contour Production Task 6 - Ortho Photography Production Task 7 - Delivery of Products Task 8 - Project Management Tn+al Cost $3,388 $8,470 $101,640 $13,552 $81,312 $50,280 $3,388 $8,470 $971 n/in Length 4 days 6 days 3-4 days weather permitting 3 weeks 6 weeks 8 weeks 3 weeks On-going 19 City Attorney Approved Version #05.06.08 Summary of Deliverables 1. Location and identification of all ground control points of flyover(s) in ArcGIS personal geodatabase or shapefile format. 2. Final flight plan, delivered as a personal geodatabase or shapefile. 3. Aerial Triangulation Report of ABGPS positions, POS EO data, and survey/AT points. 4. Natural color digital orthophotos, delivered as 2000'x3000' tiles of the AOI, with 0.4" resolution per pixel. Each participating agency's selected tiles will be delivered to said agency via hard drive. 5. Compressed, MrSid *.sid files of the orthophotography of the extent of each participating agencies' boundary, at a 25:1 compression ratio, delivered via hard drive or CD. 6. 2' topographic contour data files, delivered as 2000'x3000' tiles of the AOI, with each contour line coded for elevation and contour line type. Each participating agency's selected tiles will be delivered to said agency via hard drive in Personal Geodatabase or shapefile format. 7. LiDAR data delivered as Mas files for each tile in the AOI, delivered on hard disk. City Attorney Approved Version #05.06.08 20 EXHIBIT "3" COOPERATIVE AGREEMENT REGARDING ACQUISITION OF HIGH RESOLUTION ORTHO-PHOTOGRAPHY This Cooperative Agreement ("Agreement") is entered into by and between the City of Carlsbad ("Carlsbad"), and the Participants listed in Section 1 of this Agreement ("Participants"), and shall be effective as of , 2009 WHEREAS, the Participants wish to acquire high resolution ortho-photography and related products for their respective geographic areas of interest (hereinafter referred to either as a particular Participant's "Imagery Project," or collectively as the Participants' "Imagery Projects"); and WHEREAS, acquisition of the Imagery Projects on a collaborative basis will result in improved information sharing among the Participants and significant cost savings to the Participants; and WHEREAS, Carlsbad is a municipal government agency in San Diego County with experience with projects similar to the Imagery Projects; and WHEREAS, Carlsbad has the authority to contract for special services on behalf of itself, other cities and an irrigation district pursuant to California Government Code Sections 37103 and 53060. WHEREAS, the Participants have requested and Carlsbad has agreed to serve as the Contract Manager for the Imagery Projects as further defined in this Agreement; NOW, THEREFORE, it is mutually understood and agreed to by Carlsbad and the Participants (collectively referred to herein as the "Participants") as follows: 1. The Participants agree to collaboratively purchase the Imagery Projects. The Participants are as follows: City of Carlsbad, City of Encinitas, City of Escondido, City of Oceanside, City of Poway, City of San Marcos, City of Solana Beach, City of Vista and the Santa Fe Irrigation District. 2. Carlsbad will serve as the "Contract Manager" for this Agreement to perform the functions set forth in the Scope of Work attached as Exhibit A. Carlsbad's "Project Manager" shall be Karl von Schlieder. 3. Each Participant shall execute this Agreement by submitting a signed Participant Scope and Signature Page designating its authorized representative along with documentation of authorization of the representative's authority to bind the entity. Each Participant Signature Page shall set forth the applicable Participant's Imagery Project description and the dollar amount the Participant has agreed to contribute toward completion of the Imagery Projects. Participants will have the option of requesting additional tasks related to an Imagery Project and each Participant agrees to bear the costs of the additional work it has requested. If additional tasks are requested the Participant will sign an amendment to its Participant Scope and Signature Page. Participants who are not affected by such an amendment will not be required to execute additional documents. A Participant may add to or modify its Imagery Project only with approval by all other Participants, but may not reduce the scope of work or contribution amount if it will cause the other Participants to owe an increased contribution amount. 4. Each Participant shall bear any costs it incurs pursuant to this Agreement, plus actual costs of duplication, mailing, etc. incurred by the Project Manager as invoiced by the Project Manager without expectation of reimbursement or subsidization by any other Participant, subject to the following exception. If a Participant requests additional work, that Participant agrees to pay for the cost of any additional work conducted in its jurisdiction. 5. The Participants agree to form a project working group to complete the necessary work related to the Imagery Projects, including providing technical input, reviewing deliverables and providing comments and approvals and providing technical support in a timely manner. The Participants agree that staff for each Participant will cooperate fully in the exchange of information and will work together, under the administrative oversight of Carlsbad. 6. This Agreement does not reduce, expand, transfer, or alter in any way, any of the statutory or regulatory authorities and responsibilities of any of the signatories. For purposes of this Agreement, the relationship of the Participants is that of independent entities and not as agents of each other or as joint venturers or partners. The Participants shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 7. The Imagery Projects created pursuant to this Cooperative Agreement shall be jointly owned exclusively by those agencies cost-sharing the production of the products by geographic tile. Additional work requested as set forth in sections 3 and 4 of this Agreement shall be shared with and owned by only those parties paying for the additional work. Each Participant intends to use the products of the Imagery Projects as it determines is appropriate, consistent with its respective authority. Each Participant is responsible for making its own determination as to the usefulness or as to the propriety of its use of or reliance upon the work product of any other Participant. It is not intended by this Agreement that any Participant represents or warrants that its work product is sufficient for the purposes to which any other Participant may wish to apply that work product. 8. Each Participant shall identify and inform each other Participant of the name of and contact information for a technical lead person to exchange information between the Participants concerning the Imagery Projects. 9. Each Participant agrees to cooperate and coordinate with Carlsbad, its staff, contractors, consultants, and vendors, providing services required under this Agreement to the extent practicable in the performance of the Imagery Projects. 10. The Participants agree to work diligently together and in good faith, using their best efforts to resolve any unforeseen issues and disputes arising out of the performance of this Agreement. In the event of a dispute the complaining Participant shall submit a statement of the grounds for the dispute, including all pertinent dates, names of persons involved, and supporting documentation to the Project Manager. The Project Manager will review the documentation in a timely manner and reply to the Participant within 20 days. Upon receipt of an adverse decision by the Project Manager, the Participant may submit a request for reconsideration to the Contract Manager's City Manager. The request for reconsideration must be received within 10 days from the postmark date of the Project Manager's reply. The City Manager will respond to the request for reconsideration within 10 working days. The decision of the Contract Manager's City Manager will be final and in writing. 11. To the fullest extent permitted by law, the other Participants shall indemnify, defend and hold harmless the City of Carlsbad, its officers, agents and employees from and against any and all loss, damages, obligations, liabilities and expenses, including reasonable attorneys' fees, that arise directly or indirectly from its management of this Cooperative Agreement or from alleged act(s) of negligence or willful misconduct by Participants or any of their agents or employees. 12. Carlsbad shall require the vendor to name all other participants as additional insureds under the COMMERCIAL GENERAL LIABILITY insurance policy required in the orthophotography contract it executes with the City of Carlsbad. 13. This Agreement may only be modified or amended in writing and executed by the authorized representative of the relevant Participant(s). All modifications, amendments, changes, and revisions of this Agreement from time to time, in whole or in part, and from time to time, shall be binding upon the Participant(s). 14. This Agreement shall be governed by and construed with the relevant Federal, State of California, and local laws. Carlsbad warrants that in the performance of this Agreement, it shall comply with all Federal, State of California, and local laws, statutes and ordinances and all lawful orders, rules and regulations promulgated thereunder that apply to Carlsbad. 15. This Agreement, including all Exhibits and Participant Scope and Signature Pages incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of the Agreement between the Participants and supersedes all prior representations, understandings, and communications. The invalidity in whole or part of any term or condition of this Agreement shall not affect the validity of other term(s) or condition(s). 16. Except as set forth in section 12 of this Agreement, nothing in the provisions of this Agreement is intended to create duties, obligations to, or rights in third parties or affect the legal liability of the Participants in this Agreement to third parties. 17. Any notice sent by first class mail, postage paid, to the addresses and addressees listed in the Participant Scope and Signature Pages shall be deemed to have been given when in the ordinary course it would be delivered. The representatives of the Participants who are primarily responsible for the administration of this Agreement, and to whom notices, demands and communications shall be given are designated in the Participant Scope and Signature Pages. If any of the names and/or information listed in the Participant Scope and Signature Pages should change, the Participant making such changes shall notify the Project Manager in writing of the changes within five (5) days of effective date of such changes. 18. This Agreement may be executed in counterparts. This Agreement shall continue in full force and effect through December 31, 2010, unless terminated earlier by mutual written consent of all the Participants. The term of this Agreement may only be extended upon mutual written agreement by the Participants. Any Participant may withdraw from and terminate its participation in the Agreement by providing 30 days written notice to each other Participant hereto, provided that the terminating Participant shall bear the reasonable costs of terminating work it has requested under this Agreement through the date of its withdrawal from the Agreement, including any additional costs incurred due to higher unit rates being charged by a vendor or consultant for a reduced scope of work. IN WITNESS WHEREOF, the Participants hereto have caused this Agreement to be executed below by Carlsbad and on the attached Participant Scope and Signature Pages by the Participants. City of By Claud Mayor APPROVED AS TO FORM: Assistant City Attorney Exhibit A - Scope of Work The City of Carlsbad will perform the following tasks associated with the project: 1. Negotiate a City of Carlsbad contract with Participants' selected consultant. 2. Coordinate schedules and tasks with the contracted consultant. 3. Act as point of contact between consultant and Participants on all project-related matters. 4. Collect project-funding payments from Participants as per the schedule detailed in Exhibit B of this agreement. 5. Pay consultant upon receipt of invoices for documented work accomplished for the Participants, as per the Carlsbad/Consultant contract. 6. Coordinate the transfer of products between the consultant and Participants for their respective areas of interest in order to facilitate product review and quality control. Each participating agency will perform the following tasks associated with the project: 1. Participants will provide technical input, to the extent of their abilities, concerning questions of scope of work and technical direction of the project. 2. Review in an expedited manner all preliminary and final deliverables for Participant's Imagery Project, adhering to the project's overall schedule of production, review, update and delivery of products. 3. Attend any relevant meetings, including project kick-off, pilot project, and project status meetings. Exhibit B - Payment Schedule Payment Number 1 2 3 4 5 Description of Deliverable Contract between Carlsbad and Contractor approved by Carlsbad City Council Flights completed for imagery/LiDAR acquisition Production of contour data for AOI complete First delivery of products Miscellaneous costs for copying, mailing, etc. Percent of Contribution Amount Owed 30% 30% 25% 15% Amount Payable to Carlsbad By Participants Encinitas $4,816 Escondido$21,912 Oceanside$1 1.840 Powav $10.992 San Marcos $7,504 SF Irria. Dist. $4.240 Solana Beach $604 Vista $9. 120 Encinitas $4.816 Escondido$21,912 Oceanside $11, 840 Powav $10,992 San Marcos $7,504 SF Irria. Dist. $4.240 Solana Beach $604 Vista $9. 120 Encinitas $4, 013. 33 Escondido $18,260 Oceanside $9,866.67 Powav $9, 160 San Marcos $6,253.33 SF Irria. Dist.3.533.33 Solana Beach $503.34 Vista $7.600 Encinitas $2,408.00 Escondido $10, 956 Oceanside $5,920 Powav $5,496 San Marcos $3,752 SF Irria. Dist. $2.120 Solana Beach $302 Vista $4.560 Actual Exhibit C - Participant Scope and Signature Pages City of Carlsbad City of Encinitas City of Escondido City of Oceanside City of Poway City of San Marcos City of Solana Beach City of Vista Santa Fe Irrigation District Participant Scope and Signature Page Participant Name: City of Carlsbad Contribution Amount: $34,280.00 Participant Address: 1635 Faraday Av. Carlsbad. CA 92008-7314 Participant Phone Number: 760-602-2434 Contact Person: Karl von Schlieder, GIS Manager Contact Email: karl.vonschlieder@carlsbadca.gov Imagery Project Tile Sharing: Number of tiles to be purchased at 100% (no agency sharing): 139 @ $160.00 = $22,240 Number of tiles to be purchased at 50% (share with one other agency): 128 @ $160.00 = $10,240 Number of tiles to be purchased at 33% (share with two other agencies): 33 @ $160.00 = $1,760 Number of tiles to be purchased at 25% (share with three other agencies): 1 @ $160.00 = $ 40 Total $34.280 The person signing below represents that he/she is the designated representative of the Participant listed above, and is authorized by the Participant, as evidenced by the attached documentation, to execute the Cooperative Agreement Regarding Acquisition of High Resolution Ortho-Photography and hereby agrees to the terms and conditions of said Agreement. Lisa Hildabrand City Manager Printed Name Title . w Signature Date Municipal Code of the City of Carlsbad, California Title 3 Revenue and Finance Chapter 3.28 Purchasing 3.28.050 Procurement of goods. D. Additional Responsibilities and Authorities. 3. The city manager shall be the awarding authority for procurement of goods for which the cost to the city is one hundred thousand dollars or less. (Ord. CS-002 § 2 (part), 2008) Participant Scope and Signature Page Participant Name: City of Encinitas Contribution Amount: $16,053.33 Participant Address: 505 S Vulcan Ave, Encinitas, CA 92024 Contact Phone Number: 760-633-2665 Contact Person: Wendy Flynn, GIS Supervisor Contact Email: wflynn@cityofencinitas.org Imagery Project Tile Sharing: Number of tiles to be purchased at 100% (no agency sharing): 55 @ $160.00 = $8,800.00 Number of tiles to be purchased at 50% (share with one other agency): 73 @ $160.00 = $5,840.00 Number of tiles to be purchased at 33% (share with two other agencies): 25 @ $160.00 = $1,333.33 Number of tiles to be purchased at 25% (share with three other agencies): 2 @ $160.00 = $80.00 Total $16.053.33 The person signing below represents that he/she is the designated representative of the Participant listed above, and is authorized by the Participant, as evidenced by the attached documentation, to execute the Cooperative Agreement Regarding Acquisition of High Resolution Ortho-Photography and hereby agrees to the terms and conditions of said Agreement. Phil Cotton City Manager Printed Name Title Signature Date 05-90 1.04.010 CHAPTER 1.04 CODE ADOPTION 1.04.010 Adoption. The ordinances embraced in the following Titles, together with such amendment as may be made, shall constitute and be cited as the "Encinitas Municipal Code". The Encinitas Municipal Code shall include such secondary codes that are adopted by reference, except those portions of the secondary codes that are modified or deleted by provisions of the Encinitas Municipal Code. (Ord. 86-13) 1.04.020 Severability. If any section, subsection, sentence, clause, or phrase of this Code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. The City Council hereby declares that it would have passed this Code, and each section, subsection, sentence, clause and phrase thereof, and will pass any amendments thereto, irrespective of the fact that any one or more of the other sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional. 1.04.030 Definitions. A. Unless the provisions or the context otherwise require, words and phrases in this Code shall be construed and understood according to their common and approved usage. Words or phrases that have acquired a particular meaning in the law shall be construed and understood according to such meaning. B. Title, Chapter and Section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Code. C. The provisions of this Code, and all proceedings under them, are to be construed with a view to effect their objects and to promote justice. 1.04.040 Judicial Review. Pursuant to Section 1094.5 of the Code of Civil Procedure, the provisions of Section 1094.6 of the Code of Civil Procedure are hereby made applicable to persons seeking judicial review of a decision of the City of Encinitas. 1.04.050 Repeal of Ordinance. The repeal of any ordinance within this Code shall not repeal the repealing clause of such ordinance, nor shall it revive any ordinance which has been repealed thereby. 05-90 7.12.010 CHAPTER 7.12 CONTRACT FOR SERVICES 7.12.010 Purpose. A. This Chapter is intended to establish procedures for the selection of persons and firms to provide services for identified projects. This Chapter does not apply to construction services for public works projects which the State law requires to be bid. (Ord. 89-45) B. Unless otherwise provided, the City's selection of architects, engineers, land surveyors and construction project management firms and other persons to provide professional services by contract with the City shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the professional services required. (GC§ 4525, et seq.) 'y C. "Contract Officer" is the City official who is authorized to choose the method for selecting the Provider, designate the selected Provider, and enter into a contract with the selected Provider on behalf of the City. Unless the services are being sought by bid, the Contract Officer: 1. May discuss with one or more Providers the alternative methods for providing the required services; 2. May conduct further negotiations with one or more of the most qualified Providers to fully clarify their proposal to provide services; and 3. Shall select the Provider that will provide the services to the best advantage of the City. D. "Provider" is a person or firm who provides the type of services sought by the City. E. "Selected Provider" is the person or firm selected by the City to provide the services. 05-90 7.12.020 7.12.020 Methods of Selection. The following are the alternative methods for selecting a Provider: A. Personal Request for Proposals. The Contract Officer directly contacts one or more potential Providers to obtain proposals; selects the Provider who proposes to provide services to the best advantage of the City; and enters into a contract on behalf of the City. B. Limited Request for Proposals. The Contract Officer requests several Providers to submit proposals; selects the Provider who proposes to provide services to the best advantage of the City; and enters into a contract on behalf of the City. C. General Request for Proposals. The Contract Officer posts, publishes and mails a Notice of Request for Proposals; selects the Provider who proposes to provide services to the best advantage of the City; and enters into a contract on behalf of the City. D. Solicitation of Bids. The Contract Officer posts, publishes and mails a Notice of Solicitation of Bids; selects the responsible Provider who submits a responsive bid setting forth the lowest price; and enters into a contract on behalf of the City. This method will be used where the services needed are of technical nature that involve little professional judgment and therefore selecting the lowest responsible, responsive bid would be in the public's interest. 7.12.030 Services for Short-term/Cost Less than $50.000. A. Services for City Council Project. Where the City Council determines to acquire services for a City Council-initiated project, the City Manager shall serve as the Contract Officer under the direction of the City Council; except the City Council shall select the provider. B. Services for Third Party Project. Where a third party is proposing a project which requires the City to obtain services to process or administer that project and the costs incurred by the City are to be reimbursed by the third part, the City Manager or City Manager's designee shall serve as the Contract Officer. C. Services for Other Projects. Unless otherwise provided, where the City Council has budgeted funds which are available for obtaining services for other projects, the City manager or the City Manager's designee shall serve as the Contract Officer. Participant Scope and Signature Page Participant Name City Of Escondido Participant Address 201 N. Broadway. Escondido. CA 92025 Participant Phone Number 760-839-4037 Contribution Amount $73.040.00 Contact Person Dan Hildebrand. GIS Manager Contact Email dhildebrand@escondido.org Imagery Project Description: Number of tiles to be purchased at 100% (no agency sharing): 420 @ $160.00 $67,200 Number of tiles to be purchased at 50% (share with one other agency): 62 @ $80.00 $4,960 Number of tiles to be purchased at 33% (share with two other agencies): 15 @ $53.33 $800 Number of tiles to be purchased at 25% (share with three other agencies): 2 @ $40.00 $ 80 Total $73,040 The person signing below represents that he/she is the designated representative of the Participant listed above, and is authorized by the Participant, as evidenced by the attached documentation, to execute the Cooperative Agreement Regarding Acquisition of High Resolution Ortho-Photography and hereby agrees to the terms and conditions of said Agreement. Clay Phillips City Manager Printed Name Title Signature Date Sec. 10-103 Sec. 10-103. Summary; when informal and formal bidding procedures are dispensable. Bidding required under this chapter shall not be necessary under the following circumstances: (a) When the city manager determines that an emergency requires an order be placed with the nearest available source of supply; or (b) When the commodity or item is required to match or be compatible with other furnishings, materials or equipment presently on hand and is to be purchased from the supplier of such on-hand items; or (c) When a particular type or make of com- modity or item, furnishings, type of material or equipment has been standardized for the city by order of the city manager; or (d) When the city manager has declared in writing a specific brand or a specialized piece of equipment is required to meet quality and perform- ance criteria, and a substitute item would not meet or exceed the specified criteria. In such cases, the brand item or specialized piece of equipment may be considered a sole source; or (e) When, in the course of the formal bid pro- cedure prescribed by section 10-102, no bids are received or all bids received substantially exceed the city's cost estimate for the purchase; or (f) When the provisions of section 10-100 or 10-101 is applicable. (Ord. No. 2007-02(RR) § 1, 2-28-07) Sec. 10-104. Award of bids; sales tax credit. The amount of local sales tax to be allocated to the city by any vendor as in accordance with sec- tion 10-85 shall be credited against the bid amount for determining the bid award. (Ord. No. 2007- 02(RR)§ 1,2-28-07) Sec. 10-105. Recycled products; specifications. Specifications for supplies and equipment may not require the use of products manufactured from virgin materials or exclude the use of recycled products, reusable products or products designed to be recycled unless it can be demonstrated to the purchasing officer that these products would not achieve a necessary performance standard. (Ord. No. 2007-02(RR) § 1, 2-28-07) Sec. 10-106. Recycled products; low bid not required. Award of bids to the lowest bidder may not be required when recycled products are purchased. The city encourages the purchase of recycled con- tent for supplies and equipment. It may include post-consumer waste of the highest content possi- ble. (Ord. No. 2007-02(RR) § 1, 2-28-07) Sec. 10-107. Recycled products; promotion. The purchasing officer may encourage manu- facturers, distributors and bidders to provide and use recycled products or products designed to be recycled. The city may participate in cooperative purchasing efforts with other government agencies buying recycled products. (Ord. No. 2007-02(RR) §1,2-28-07) Sec. 10-108. Authorizations to purchase supplies and equipment. ~ (a) Authorization for the purchase of supplies and equipment may be approved by the following parties, once all insurance requirements are met, and agreements have been approved to form by the city attorney: (1) The city council shall approve contracts for amounts over one hundred thousand dollars ($100,000.00). _9 (2) The city manager may approve and exe- cute contracts up to a maximum amount of one hundred thousand dollars ($100,000.00). (3) The city manager or his or her desig- nee(s), including department heads, may approve and execute contracts up to a maximum amount of fifty thousand dollars ($50,000.00). (4) The city manager or his or her desig- nee(s), including superintendents, may approve and execute contracts up to a maximum amount of twenty five thousand dollars ($25,000.00). 169 (Escondido Municipal Supp. No. 57,6-07) Participant Scope and Signature Page Participant Name: City of Oceanside Contribution Amount: $ 39,466.67 Participant Address: 300 N. Coast Hwy.. Oceanside. CA 92054 Contact Phone Number: 760 435-5809 Contact Person: Talli Carev. CIS Supervisor Contact Email: tcarev@ci.oceanside.ca.us Imagery Project Tile Sharing: Number of tiles to be purchased at 100% (no agency sharing): 199 @ $160.00 = $ 31,840.00 Number of tiles to be purchased at 50% (share with one other agency): 80 @ $160.00/2 = $ 6,400.00 Number of tiles to be purchased at 33% (share with two other agencies): 23 @ $160.00/3 = $ 1,226.67 Number of tiles to be purchased at 25% (share with three other agencies): 0 @ $160.00 = $ 0 Total: $39.466.67 The person signing below represents that he/she is the designated representative of the Participant listed above, and is authorized by the Participant, as evidenced by the attached documentation, to execute the Cooperative Agreement Regarding Acquisition of High Resolution Ortho-Photography and hereby agrees to the terms and conditions of said Agreement. Peter Weiss Printed Name Signature City Manager Title Date APPROVED AS TOORM IBARA L. HAMILTON Assistant City Attorney CITY OF OCEANSIDE ADMINISTRATIVE DIRECTIVE SUBJECT: PROCUREMENT OF GOODS AND SERVICES NUMBER PAGE 19 OF 26 APPROVAL DATE: January 24, 2008 Attachment A PURCHASING PROCESS FLOW CHART BEST Purchase(s) $25,001 to $50,000 ^^ • PV i c • I Up to $2,500 Counter Purchase Procedure - Competitive Pricing - Direct Purchase - No Requisition - No Purchase Order - ATP Required E • m• ,i $2,501- $10,000 $10,001 -$25,000 Approved by City Manager $25,001 - $50,000 I Verbal Quote Procedure - Competitive Pricing - 3 Verbal Quotes (Written/Fax/Email) - Justification for Sole Source/Sole Brand - No Requisition (unless requested) - Purchase Order (unless requested) - ATP Required - Recurring purchases exceeding $10,000 must follow informal bidding procedures. Informal Bid Procedure - Competitive Pricing - 3 Verbal Quotes (Written/Fax/Email) - Justification for Sole Source/Sole Brand - Requisition Required - Purchase Order Required - No ATP - Recurring purchases exceeding $25,000 must follow informal bidding procedures. Informal Bid Procedure - Competitive Pricing - 3 Verbal Quotes (Written/Fax/Email) - Justification for Sole Source/Sole Brand -Requisiton Required - Purchase Order Requirec - No ATP Formal Bid Procedure • Formal Bidding (RFP) •Staff Report Prepared Justification for Sole Source/Sole Brand - Requisition Required Purchase Order Required - No ATP Participant Scope and Signature Page Participant Name: City of Poway Contribution Amount: $36.640.00 Participant Address: 13325 Civic Center Drive, Poway, CA 92064 Participant Phone Number: 858-668-4452 Contact Person: Brad Rosen. IT Manager Contact Email: BRosen@ci.powav.ca.us Imagery Project Tile Sharing: Number of tiles to be purchased at 100% (no agency sharing): 229 @ $160.00 = $36,640 Number of tiles to be purchased at 50% (share with one other agency): 0 @ $160.00 = $ 0 Number of tiles to be purchased at 33% (share with two other agencies): 0 @ $160.00 = $ 0 Number of tiles to be purchased at 25% (share with three other agencies): 0 @ $160.00 = $ 0 Total $36.640 The person signing below represents that he/she is the designated representative of the Participant listed above, and is authorized by the Participant, as evidenced by the attached documentation, to execute the Cooperative Agreement Regarding Acquisition of High Resolution Ortho-Photography and hereby agrees to the terms and conditions of said Agreement. Rod Gould City Manager Printed Name Title Signature Date 5/26/2009 Chapter 3.28 PURCHASING Chapter 3.28 PURCHASING Sections: 3.28.010 Adoption. 3.28.020 Establishment of Centralized Purchasing Division. 3.28.030 Exceptions to centralized purchasing. 3.28.040 Repealed. 3.28.050 Unauthorized purchases. 3.28.060 Formal bidding procedure - Public works projects. 3.28.070 Formal bidding procedure. 3.28.080 Exceptions to bidding requirements. 3.28.090 Repealed. 3.28.100 Professional services. 3.28.110 Cooperative purchasing. 3.28.120 Award and execution of contracts. 3.28.125 Amendments to contracts. 3.28.130 Insurance and licensing. 3.28.140 Procurement of recycled products. 3.28.010 Adoption. In order to establish efficient procedures for the purchase of supplies, equipment, materials and services; to secure the same for the City at the lowest possible cost commensurate with the quality needed; to exercise positive financial control over purchases; and to ensure that purchases are consistent with the City's adopted budget; a purchasing system is adopted. (Ord. 675 § 1, 2008; Ord. 55 § 1, 1982) 3.28.020 Establishment of Centralized Purchasing Division. There is created a Centralized Purchasing Division under the City Manager or the City Manager's designee in which is vested the authority for the purchase of supplies, equipment and services. (Ord. 675 § 2, 2008; Ord. 55 § 2, 1982) 3.28.030 Exceptions to centralized purchasing. The Director of Administrative Services or designee may, when authorized by the City Manager in writing, authorize a department or division to purchase supplies and equipment when such purchases may be made more advantageously or expeditiously by the respective department or division. (Ord. 675 § 3, 2008; Ord. 260 § 1, 1988; Ord. 55 § 3, 1982) 3.28.040 Purchase order- Encumbrance of funds. Repealed by Ord. 675. (Ord. 260 § 2, 1988; Ord. 55 § 4, 1982) 3.28.050 Unauthorized purchases. No City department head, division head or other employee shall make or order the purchase of any supplies, equipment, materials or services or make any contract without the prior approval, in writing, of the Director of Administrative Services. (Ord. 675 § 5, 2008; Ord. 260 §1, 1988; Ord. 55 §5, 1982) 3.28.060 Formal bidding procedure - Public works projects. Contracts for public projects shall be administered in the manner provided by Section codepublishing.com/..ypoway0328.html \ \\ \ 1/4 5/26/2009 Chapter 3.28 PURCHASING 20160 et seq. of the Public Contracts Code as may be amended from time to time. (Ord. 55 §6,1992) 3.28.070 Formal bidding procedure. Except as otherwise provided in this chapter, any purchase which exceeds $50,000 in value for supplies, services, and equipment, or the amount established by Public Contracts Code Section 20162 and succeeding amendments for contracts on public works projects, will be by formal bid. A Notices inviting sealed bids shall be published at least twice, not less than five days apart, the first time being 10 days before the date of the opening of the bids, in a newspaper of general circulation in the City, or they shall be posted in at least three places in the City that have been designated by ordinance as the places for posting public notices. B. Notices inviting bids shall include a general description of the articles to be purchased, where bid forms and specifications may be obtained, and the time, date and place for the opening of bids. C. When deemed necessary by the Director of Administrative Services, bidder's security may be prescribed in the public notice inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit the bid security upon the bidder's refusal or failure to execute the contract within 10 days after the notice of award of contract has been mailed. The City Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the City Council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City to the contract price differential between the lowest bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. If the City Council rejects all bids presented, due to the failure of the successful bidder to execute the contract, and readvertises, the amount of the lowest bidder's security may be used to offset the cost of receiving new bids and the surplus, if any, shall be returned to the lowest bidder. D. Sealed bids together with bidder's security shall be submitted to the Director of Administrative Services or designee. The bid shall be so identified on the envelope. Bids shall be opened in public at the date, time and place stated in the public notices inviting the bids. Any bid received after the scheduled time of the bid opening shall be returned to the bidder unopened. A tabulation of all bids received shall be available for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening. E. At its sole discretion, the City Council may reject any and all bids presented and readvertise for bids pursuant to the procedure prescribed above. In the event no bids are received or all bids are rejected, the City Council may, in accordance with Public Contracts Code Section 20167, and any amendments thereto, direct the Director of Administrative Services or designee to proceed pursuant to paragraphs relating to open market procedure or competitive negotiations. F. If two or more bids received are for the same total amount or unit price, quality and service being equal, the City Council may at its discretion accept the bid it chooses with or without further negotiations with the tie bidders. G. The City shall have authority to require performance and labor and materials security before entering a contract in such amount as it finds reasonably necessary to protect the best interests of the City. If the City requires security, the form and the amount of the security shall be described in the notice inviting bids. The notice inviting bids may provide that security may be posted in the form of a surety bond, a letter of credit drawn on an institution located in San Diego County and approved by the City Attorney, or a cash deposit. (Ord. 675 § 6, 2008; Ord. 260 §§1,3, 1988; Ord. 188 § 1, 1986; Ord. 55 § 7, 1982) ^ codepublishing.com/..ypoway0328.html \ V~^ 2/4 5/26/2009 Chapter 3.28 PURCHASING 3.28.080 Exceptions to bidding requirements. Where otherwise required by this chapter, formal or informal bidding procedures may be waived, at the discretion of the City Manager or his or her designee, when: A. An emergency requires that the supplies, services or equipment be acquired from the nearest available source or vendor. B. The supplies, services or equipment can be obtained from only one vendor or source. C. The supplies or equipment are required to match or be compatible with other supplies or equipment previously purchased by the City. D. The City Manager or City Council has established a standardized type or make of supplies or equipment for the City. E. The City Manager, or his or her designee, determines that competitive bidding is impossible, or not in the public's interest. F. Services, other than a public project, as defined by Public Contracts Code Section 20161, are to be performed entirely by City forces. G. For public projects, as defined by Public Contracts Code Section 20161, no bids are received, or the City Council has rejected all bids pursuant to Public Contracts Code Section 20167, and any amendments thereto. H. The value of the supplies, services or equipment to be purchased does not exceed $1,000. Open market purchases shall, wherever possible, be based on at least three bids and shall be awarded to the lowest responsible bidder. The lowest responsible bidder will be the individual or firm who submits a responsible bid based on total cost, and which is determined to be the most advantageous to the City. (Ord. 675 § 7, 2008; Ord. 260 § 1, 1988; Ord. 55 § 8, 1982) 3.28.090 Competitive negotiations. Repealed by Ord. 675. (Ord. 361 § 1, 1992; Ord. 260 § 1, 1988; Ord. 55 § 9, 1982) 3.28.100 Professional services. The selection of a firm for professional services will be made by qualification-based selection. In order to implement this method of selection when contracting for architectural, professional engineering, land surveying, construction management and other professional services, the City must be sure that selection is made on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices. Whenever possible, at least three proposals shall be required for the professional services needed. The requirement for multiple proposals may be waived if only one firm or individual can provide the service. It is the policy of the City to give prime consideration to consultants and other professionals whose offices are located within the City of Poway, but the final selection shall still be made based on demonstrated competence and professional qualifications first and agreed-upon financial agreement second. (Ord. 361 §3,1992) 3.28.110 Cooperative purchasing. Purchase of supplies, services and equipment by contract, arrangement and agreement for the cooperative purchasing programs with the State, the County and any other public or municipal corporation of the State may be made by the Director of Administrative Services when the administering agency has made their purchase in a competitive manner. (Ord. 675 § 9, 2008; Ord. 260 § 1, 1988; Ord. 55 § 11, 1982) 3.28.120 Award and execution of contracts. codepublishing.com/..Ypoway0328.html <—A\ f\ 3/4 5/26/2009 Chapter 3.28 PURCHASING Except in emergency situations, all contracts for supplies, services and equipment in an estimated amount of $50,000 or more and public works projects in an estimated amount of $5,000 or more shall be awarded by the City Council. Contracts for supplies, services and equipment in an amount less than $50,000 shall be executed by the City Manager or the City Manager's designee. No contract shall be approved by the City Council or City Manager unless the expenditure is consistent with the City's adopted budget. (Ord. 675 § 10, 2008; Ord. 55 §12, 1982) 3.28.125 Amendments to contracts. Approval of amendments to contracts for supplies, services or equipment, other than contracts for public works projects, shall be consistent with the authority limits set forth in PMC 3.28.120. The authority to approve an amendment shall be determined based on the total cost of the contract, including the amendment. (Ord. 675 § 11, 2008) 3.28.130 Insurance and licensing. When contracting for services of any kind, no matter what the value of the contract is, the contractor must have: A. A policy of general liability insurance covering the contractor for claims and judgments arising from their products or activities for the City. The policy shall be for a minimum of $1,000,000 and extended by endorsement naming the City as additional insured. The $1,000,000 limit may be adjusted up or down by the Director of Administrative Services or designee in conjunction with the City Attorney based upon the type of contract or service being considered and the potential liability exposure. B. The contractor, when required by law, must be licensed to perform work in the State of California, and the license must be current and properly classified. (Ord. 675 § 12, 2008; Ord. 361 §4, 1992) 3.28.140 Procurement of recycled products. When purchasing recycled products of any kind these are the basic requirements: A. Specification for the supplies and equipment should not require the use of products manufactured from virgin materials or exclude the use of recycled products, reusable products or products designed to be recycled unless it can be demonstrated that these recycled products would not achieve the necessary performance standard. B. The City will purchase acceptable supplies and equipment that use products with recycled content. Such recycled content shall include post consumer waste of the highest content possible. Reasonable performance shall not be sacrificed for recycled content. C. Manufacturers, distributors and contractors will be encouraged to provide and use recycled products, reusable products or products designed to be recycled. D. Wherever possible, recycled products purchased by the City will be labeled as such to promote the program. E. The City will participate in cooperative purchasing efforts with other government agencies in buying recycled products. (Ord. 413, 1993) codepublishing.com/..ypoway0328.html 4/4ul Participant Scope and Signature Page Participant Name City of San Marcos Participant Address 1 Civic Center Drive, San Marcos, CA 92069 Participant Phone Number (760) 744-1050 Contribution Amount $ 25,013.33 Contact Person Mettja Kuna Contact Email mkuna@san-marcos.net Imagery Project Description: 214 Tiles of 4-inch Resolution Orthophotos, LiDAR and 2-ft Contours Number of tiles to be purchased at 100% (no agency sharing): 101 Number of tiles to be purchased at 50% (share with one other agency): 106 Number of tiles to be purchased at 33% (share with two other agencies): 7 Number of tiles to be purchased at 25% (share with three other agencies): 0 Additional Work Description and Costs: The person signing below represents that he/she is the designated representative of the Participant listed above, and is authorized by the Participant, as evidenced by the attached documentation, to execute the Cooperative Agreement Regarding Acquisition of High Resolution Ortho-Photography and hereby agrees to the terms and conditions of said Agreement. Paul Malone Printed Signature City Manager Title Date CHARTER City of San Marcos PREAMBLE \Ve the people of the City of San Marcos declare our intent to restore to our community the historic principles of self governance inherent in the doctrine of home-rule. Sincerely committed to the belief that local government has the closest affinity to the people governed, and firm in the conviction that the economic and fiscal independence of our local government will better serve and promote the health, safety and welfare of all the citizens of this City, we do hereby exercise the express right granted by the Constitution of the State of California to enact and adopt this Charter for the City of San Marcos. CHARTER Article I - Municipal Affairs; Generally Section 100. Municipal Affairs. Each of the responsibilities of governance set forth and described in this Charter, and as established by the Constitutional, statutory and judicially defined law of the State of California, is hereby declared to be a municipal affair or concern, the performance of which is unique to the benefit of the citizens of the City of San Marcos. Article II - Revenue, Savings and Generation Section 200. Public Works Contracts. The City shall have the power to establish standards, procedures, rules or regulations to regulate all aspects of the bidding, award and performance of any public works contract, including, but not limited to, the compensation rates to be paid for the performance of such work. Section 201. Public Financing. The City shall have the power to establish standards, procedures, rules or regulations related to any public financing. Section 202. Utility Franchises 202.1. The City shall have the power to adopt any ordinance providing for the acquisition, development, or operation by the City of any public utility, or any ordinance providing for the granting of a franchise to any public utility not owned by the City which proposes to use or is using City streets, highways or other rights-of-way. 202.2 Notwithstanding the terms of §202.1, after the effective date of this amendment, the City, a utility established by the City, or any commission, agency or unit of the City government (individually or collectively hereinafter "City") shall not, prior to November 2, 2014, itself or through a third party, provide Distribution Services within the boundaries of the City unless each of the following conditions shall have first been met: 202.2.1 The City shall charge the same or a lower cumulative rate (taking into account all cost factors) for Distribution Services for each consumer classification as that which is charged by the City's incumbent franchisee. 202.2.2 The City shall have the financial ability and provide the Distribution Services without incurring debt or encumbering the general fund of the City. 202.2.3 Prior to any election required by the terms hereof, a qualified, independent auditor shall certify that the Distribution Services proposed will satisfy subsections 202.2.1 and 202.2.2 above. 202.2.4 At an election to be scheduled by the City, the voters of San Marcos shall approve proposed Distribution Services. 202.2.5 Distribution Services shall mean ownership and/or operation of any pipes, wires, and electric and gas utility plant and related services for the delivery of electricity or natural gas to consumers but only within the boundaries of the City of San Marcos. Section 203. Enterprises. The City shall have the power to engage in any enterprise deemed necessary to produce revenues for the general fund or any other fund established by the City Council to promote a public purpose. Article III - Revenue Retention Section 300. Reductions Prohibited. Any revenues raised and collected by the City shall not be subject to subtraction, retention, attachment, withdrawal or any other form of involuntary reduction by any other level of government. Section 301. Mandates Limited. No person, whether elected or appointed, acting on behalf of the City, shall be required to perform any function which is mandated by any other level of government, unless and until funds sufficient for the performance of such function are provided by said mandating authority. This version contains amendments ratified by the voters on November 7, 2000 and November 4, 2004 2.20.060-2.20.100 2.20.060 Bond. The City manager shall furnish a corporate surety bond, to be approved by the City Council, in such a sum as may be determined by the City Council, which bond shall be conditioned upon the faithful performance of the duties imposed upon the City manager as prescribed in this chapter. Any premium for such bond shall be a proper charge against the City. 2.20.070 Compensation; Expenses. (a) The City manager shall receive such compensation and expense allowances as the City Council shall from time to time determine and fix by resolution and the compensation and expenses reimbursements shall be a proper charge against such funds of the City as the City Council shall designate. (b) The City manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties when traveling on duties pertaining to the City. The need for traveling within the county and to the City of Los Angeles shall be determined by the City manager; however, other travel shall be authorized by the City Council. Reimbursement for expenses shall only be made when a verified itemized claim setting forth the sums expended for which reimbursement is requested has been presented to the City Council and duly approved and allowed by the City Council. 2.20.080 Removal. The removal of the City manager shall be only upon a majority vote of the whole City Council. Notwithstanding other provisions of this division, the City manager shall not be removed from office during or within a period of sixty (60) days next succeeding any general City election held in the City at which election a member of the City Council is elected. 2.20.090 City Manager Pro Tem. The City manager shall appoint, subject to the approval of the City Council, one of the other officers or department heads of the City to serve as City manager pro tern during any temporary absence or disability of the City manager and upon his failure to appoint a manager pro tern, the City Council may designate some duly qualified person to perform the duties of the City manager during the period of absence or disability of the City manager, subject, however, to that person furnishing a corporate surety bond conditioned upon faithful performance of the duties required by this division to be performed by the City manager. 2.20.100 Powers and Duties Generally. The City Manager, who shall be responsible to the City Council, shall be the chief administrative officer of the government of the City, under the direction and control of the City Council, except as otherwise provided in this division; he shall be responsible for the efficient administration of all the affairs of the City which are under his control. In addition to his general powers as administrative head and not as a limitation thereon, it shall be his duty and he shall have the powers set forth in the following sections: (a) Enforcement of laws. It shall be the duty and authority of the City manager to see that all laws, provisions of this Code and other ordinances of the City are duly enforced and that all franchises, permits and privileges granted by the City are faithfully observed. (b) Personnel direction. It shall be the duty and authority of the City manager to control, order and give directions to all appointive department heads and to subordinate officers and employees. In departments of the City, orders and directions shall be given to employees of the department through the department head. The City manager may transfer employees from one department to another and may consolidate or combine offices, positions, departments or units under his direction. 2.20.100-2.20.100 (c) Personnel appointment, advancement and removal. It shall be the duty and authority of the City manager to appoint, remove, suspend, promote and demote any and all appointive officers and employees of the City in accordance with the personnel provisions of this chapter and other City ordinances and the personnel rules and regulations of the City, except those officers who shall be appointed specifically by the City Council, including the City Attorney. Political beliefs or affiliations shall not be a basis for appointment or removal. The City manager shall have the authority to correct during a fiscal year any salary inequity caused by the addition of duties and the City Council shall be notified of the adjustment. The City manager shall make and keep up-to-date job or position descriptions for all employees of the City. (d) Departmental and personnel control. It shall be the duty and authority of the City manager to exercise control over all departments of government of the City and over all appointive officers and all employees thereof. (e) Council meetings. It shall be the duty and authority of the City manager to attend all meetings of the City Council unless excused therefrom by the City Council, except when his removal is under consideration by the City Council. (f) Recommendations to the City Council. It shall be the duty and authority of the City manager to recommend to the City Council for adoption such measures and recommendations as he deems necessary or expedient. (g) Financial matters. It shall be the duty and authority of the City manager to keep the City Council at all times fully advised as to the financial conditions and needs of the City. (h) Budget. It shall be the duty and authority of the City manager to prepare and submit before the first day of June of each year, the proposed total annual budget, including the proposed annual salary plan, to the City Council for its consideration. The City manager shall be responsible for the administration of the budget after its final adoption and he shall keep the City Council informed with respect thereto. (i) Purchases; inventory. It shall be the duty and authority of the City manager to purchase all supplies for all the departments or divisions of the City. No expenditure shall be submitted or recommended to the City Council, except on report or approval of the City manager. The City manager shall also cause to be made and kept up-to-date an inventory of all property, real and personal, owned by the City. Any limitations on the maximum which may be spent by the City manager on budgeted equipment shall be set forth from time to time by policy statements by the City Council. (j) Investigations. It shall be the duty and authority of the City manager to make investigations into the affairs of the City and any department or division thereof and any contract or the proper performance of any obligations running to the City. (k) Complaints; services rendered by public utilities. It shall be the duty and authority of the City manager to investigate all complaints in relation to matters concerning the administration of the City government and in regard to the service maintained by public utilities in the City and to see that all franchises, permits and privileges granted by the City are faithfully performed and observed. Participant Scope and Signature Page Participant Name City of Solana Beach Participant Address 635 S. Highway 101. Solana Beach. CA 92075-2215 Participant Phone Number 858-720-2476 Contribution Amount $ 2.013.34 Contact Person Jim Greenstein Contact Email iqreenstein@cosb.org Imagery Project Description: Number of tiles to be purchased at 100% (no agency sharing): none Number of tiles to be purchased at 50% (share with one other agency): 20 Number of tiles to be purchased at 33% (share with two other agencies): 7 Number of tiles to be purchased at 25% (share with three other agencies): 1 Additional Work Description and Costs: The person signing below represents that he/she is the designated representative of the Participant listed above, and is authorized by the Participant, as evidenced by the attached documentation, to execute the Cooperative Agreement Regarding Acquisition of High Resolution Ortho-Photography and hereby agrees to the terms and conditions of said Agreement. David Ott, City Manager Date &>- Chapter 3.08 PURCHASING Page 5 of 7 60 calendar days after a notice of completion has been signed by the authorized department director and the authorized project coordinator, provided there are no outstanding stop orders or mechanics liens. (Ord. 293 § 3, 2002) 3.08.085 Purchase of used equipment. If opportunities arise to purchase used equipment, such equipment may be purchased without competitive bidding, provided all the following conditions are met: A. The equipment being sold is warranted or, in the case of an "as-is, where-is" purchase, there is an inspection by a qualified party who certifies that the condition of the item is acceptable and adequate for efficient city use. B. The dealer of the equipment is a bona fide and reputable dealer as verified through reference checks or the equipment is being purchased from another governmental entity. C. The selling price of the equipment is less than $15,000, including tax, installation, freight, and any other additional acquisition costs. D. If no bids are received from the formal bidding process for the purchase of used equipment with a selling price of over $15,000, a written request to commence negotiation with a vendor(s) must be submitted to the city manager for approval. Acceptance of the contract is subject to city council approval. Justification for the sole source purchase of used equipment must be documented and maintained as part of the procurement file. It is not allowable to purchase used equipment when procedures for the acquisition of new equipment have been circumvented to avoid the competitive bidding process. (Ord. 293 § 3, 2002) 3.08.090 Inspection and testing. The purchasing officer shall supervise the inspection and testing of supplies and equipment delivered to determine their conformance with the specifications set forth in the purchase order or contract. The purchasing officer shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliveries, which are necessary to determine their quality and conformance with specifications. Before payment is authorized, the satisfactory receipt of goods shall be established as prescribed in the administrative regulat[onsgoy^jng.tj^processingofpurchase orders. (Ord. 293 § 3, 2002) 3.08.095 Award and execution of contracts. Except in emergency situations pursuant to SBMC 3.08..Q6Q, all contracts for supplies, services and equipment in an estimated amount of $15,000, or more, shall be awarded by the city council. Contracts for supplies, services and equipment in an estimated amount of less than $15,000 shall be executed by the city manager or designee. (Ord. 293 § 3, 2002) 3.08.100 Change orders for contracts covering'the purchase of suppTrCSTservices or equipment. A. Change orders for contracts for the purchases of supplies, services and equipment may not exceed the original bid amount by more than 25 percent. B. Change orders for an amount of less than $15,000 may be approved by the city manager if unencumbered funds are available. C. Change orders for an amount of $15,000 or more shall require city council approval. D. Any change order that results in the need for additional appropriation shall be approved by the city council. (Ord. 293 § 3, 2002) 3.08.105 Change orders for contracts covering public works construction projects. A. Change orders for an amount of less than $5,000 shall be approved by the department director overseeing the project. B. The city manager may approve any change order for $5,000 or more with the following limitations: 10 percent of the contract value, provided sufficient project appropriations exist. C. The city council shall approve any change order for amounts that exceed any of the limitations in subsection (B) of this section. (Ord. 293 § 3, 2002) http://www.codepublishing.com/ca/SolanaBeach/html/Solana03/Solana0308.html 5/21/2009 Participant Scope and Signature Page Participant Name City of Vista Participant Address 600 Eucalyptus Avenue Participant Phone Number (760)639-6185 Contribution Amount $30.400 Contact Person Robert Borowski Contact Email rborowski@citvofvista.com Imagery Project Description: Number of tiles to be purchased at 100% (no agency sharing): 118 @ $160.00 = $18,800 Number of tiles to be purchased at 50% (share with one other agency): 126 @ $80.00 = $10,080 Number of tiles to be purchased at 33% (share with two other agencies): 27 @ $53.33 = $1,440 Number of tiles to be purchased at 25% (share with three other agencies): 0 @ $40.00 = $0 Additional Work Description and Costs: The person signing below represents that he/she is the designated representative of the Participant listed above, and is authorized by the Participant, as evidenced by the attached documentation, to execute the Cooperative Agreement Regarding Acquisition of High Resolution Ortho-Photography and hereby agrees to the terms and conditions of said Agreement. Rita L. Geldert City Manager Printed Name Title Signature Date ORDINANCE NO. 2007-9 CITY OF VISTA PAGE 10 Purchasing Officer shall not issue any purchase order for supplies, services or equipment unless there exists an unencumbered appropriation in the fund account against which such purchase is to be charged. "Section 3.08.090 Award and Execution of Contracts. A. Purchase Contracts Executed and Approved by City Council. Except in emergency situations pursuant to Section 3.08.060.E and situations involving applicant-funded environmental assessments under Section 15.04.40.D, all contracts for supplies, services, equipment and public projects with an estimated amount in excess of $75,000 shall be awarded by the City Council. B. Purchase Contracts Executed by City Manager. Contracts for supplies, services, equipment and public projects in an estimated amount of $75,000 or less, and contracts authorized by Sections 3.08.060.E or 15.04.40 shall be executed by the City Manager. C. Contracts Executed by City Attorney. The City Attorney may execute contracts of up to $75,000 when the contract is for, or is in support of, legal services. D. Notice of Award; Satisfaction of Post-Bid Requirements. After the City makes a determination to award a contract in accordance with this Chapter, the City shall issue a written notice of award of contract to the contracting party. Within the time specified in the notice of award, the bidder shall submit to the City all of the documents required by the invitation for bids (if any are identified, such as signed contract documents, insurance, or performance security). If no time is specified in the notice of award, the bidder shall submit all required documents within ten calendar days after the date of the notice of award. E. Award to Next Lowest Bidder. In the event that the bidder awarded the contract does not properly and timely execute and submit all of the documents required by the invitation for bids, the City may void the previous award of contract, and award the contract to the next eligible bidder. This process may continue until the City awards the contract to bidder who complies with this Section. "Section 3.08.100 Modifications of Awarded Contracts. A. Contracts Originally Approved by the City Council. Contracts originally approved by the City Council may be modified or amended in writing under either of the following circumstances: 1. The City Manager is authorized to approve written contract amendments or written change orders when: (a) the value of the amendments or change orders, in aggregate, do not exceed the greater of $25,000 or ten percent of the aggregate value of the original contract; and (b) the contract amendment or change order is executed by contractor and the City Manager. 2. The City is authorized to approve written amendments or written change orders in amounts greater than provided in subparagraph 1, when all of Participant Scope and Signature Page Participant Name: Santa Fe Irrigation District Contribution Amount: $14,133.33 Participant Address: 5920 Linea del Cielo, PO Box 409 Rancho Santa Fe, CA 92067 Contact Phone Number: 858-756-2424 Contact Person: Karen Falk Contact Email: kfalk@sfidwater.org Imagery Project Tile Sharing: Number of tiles to be purchased at 100% (no agency sharing): @ $160.00 = $ 10,080.00 Number of tiles to be purchased at 50% (share with one other agency): @ $160.00 = $ 2,960.00 Number of tiles to be purchased at 33% (share with two other agencies): @ $160.00 = $ 1,013.33 Number of tiles to be purchased at 25% (share with three other agencies): @ $160.00 = $ 80.00 Total $14.133.33 The person signing below represents that he/she is the designated representative of the Participant listed above, and is authorized by the Participant, as evidenced by the attached documentation, to execute the Cooperative Agreement Regarding Acquisition of High Resolution Ortho-Photography and hereby agrees to the terms and conditions of said Agreement. Michael Bardin General Manager Printed Name Title Signature Date £(/ EXHIBIT A ARTICLE 20. - PROCUREMENT Sec. 20.1 General The Santa Fe Irrigation District (District) shall procure required goods and services commensurate with acceptable quality at the lowest possible cost. Appropriate internal financial controls shall be exercised over all procurements. No procurement shall be authorized unless the goods or services to be procured have been approved pursuant to the District's budgetary process. The General Manager shall execute and maintain administrative procedures to ensure that the procurement of all goods and services are properly documented as conforming to this policy, related internal financial controls, and all applicable administrative procedures. The District shall not discriminate against any person or entity because of race, color, creed, sex, religion, national origin, disability, medical condition, sexual orientation, or any other protected category under federal, state or local law and shall place, in all procurement related solicitations or advertisements for formal procurement of goods or services, a statement that all qualified bidders will receive consideration without regard to color, creed, sex, religion, marital status, age, national origin, disability, medical condition, sexual orientation, or any other protected category under federal, state or local law, or words to that effect. The General Manager may, at their discretion, delegate duties contained in this policy. Sec. 20.2 Public Works Construction Contracts Sec. 20.2.1 General All District construction and capital improvements work in excess of $35,000, unless performed by Santa Fe Irrigation District (the District) forces, shall be let by competitive bidding in accordance with Sections 20560-20570 of the Public Contract Code, unless otherwise approved by the Board, as in an emergency and in accordance with Public Contract Code section 22050. Sec. 20.2.2 Acceptance of Bids Acceptance of any bid over $35,000 shall be by action of the Board. The Board reserves the right to reject all bids or to make such award as it deems to be in the best interest of the District, and in accordance with law. The General Manager is authorized to accept any bids of $35,000 or less, and reserves the right to reject all bids or to make such award in the best interest of the District, and in accordance with law. Sec. 20.2.3 Relief of Bidders A bidder shall not be relieved of their bid unless by consent of the Board as provided in Public Contract Code Section 5100 et. seq. 20-1 Article 20 Purchasing Policy and Procedures £L ~~1 Sec. 20.2.4 Prequalified Bidders The District reserves the right to prequalify bidders on public works projects. Sec. 20.2.5 Change Orders Sec. 20.2.5.1 Individual The General Manager is authorized to approve change orders up to $25,000 when a change in the scope of work occurs, as long as the project budget has sufficient funds. Sec. 20.2.5.2 Cumulative Total The General Manager is authorized to approve change orders as specified in Sec. 20.2.6.1 to a maximum cumulative total value of 15% of the contract for contracts under $1 million and 7.5% of contracts over $1 million or $150,000, whichever is greater, without prior approval of the Board. Sec. 20.2.6 Project Acceptance Sec. 20.2.6.1 General The Board of Directors shall accept all public works projects and authorize staff to file a notice of completion. Sec. 20.2.6.2 Retention In addition to withholding any amounts as liquidated damages, the District may, withhold 150% of the value of all disputed work items, including punch list work items, as disputed funds pursuant to the provisions of Public Contract Code section 7107. Retention shall be released in accordance with Public Works Contract Code Section 7107. The District may further withhold funds to sufficiently address stop notices at 125% of the amount of an outstanding Stop Notice pursuant to Civil Code Section 3186. Sec. 20.3 Procurement of Goods, Services and Supplies Sec. 20.3.1 District Procurement Approval Levels The General Manager is authorized to make purchases of $25,000 or less for goods, services and supplies. Purchases over $25,000 require approval of the Board of Directors. The General Manager will designate levels of purchasing authority to appropriate District staff. Sec. 20.3.2 Authorized Procurement Methods Sec. 20.3.2.1 Purchase Orders A purchase order is required for all purchases of $500 or more. Sec. 20.3.2.1 Open Purchase Orders Open purchase orders are used when the District must purchase repetitive, specified services or items, or categories of items, from the same vendor over extended periods or on a monthly basis, or requiring numerous shipments. 20-2 Article 20 Purchasing Policy and Procedures Sec. 20.3.2.2 Professional Services Contracts The District may contract for professional services in accordance with Government Code Section 4525 et. seq. All contracts awarded for professional services shall be awarded based on demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. Sec. 20.3.2.3 Procurement Card Purchases Procurement card(s) may be used to purchase supplies, services and equipment. The General Manager shall determine the appropriate number of cardholders and the transaction type, amount and merchant limits of each cardholder. Sec. 20.3.2.3.1 Procurement Card Purchase Review The General Manager will review monthly the procurement card purchases made authorized District staff cardholders. The Finance Committee will review all procurement card purchases made by the General Manager as part of its monthly review of General Manager expenses and reimbursements. Sec. 20.3.2.4 Petty Cash The maximum petty cash expenditure allowed is $100. Splitting purchases in order to utilize petty cash rather than standard purchasing procedures is not permitted. Sec. 20.3.3 Emergency Purchases In an emergency, the General Manager is authorized to waive any provision of this policy. Any waiver authorized hereunder will be documented as required by this policy and remedied by informing and retroactively obtaining the approval of the Board of Directors within sixty (60) days of the procurement or the end of the fiscal year, whichever is earlier. Notwithstanding anything to the contrary, the General Manager shall comply with the provisions of Public Contract Code section 22050, as applicable. Sec. 20.3.4 Sole Source Purchases Sole source purchases are seldom justified and are discouraged. A sole source purchase must be documented as to why only one supplier is acceptable. This documentation must be verified by the General Manager, who is responsible for making the final determination on sole source purchases. 20-3 Article 20 Purchasing Policy and Procedures