HomeMy WebLinkAboutStaff Report 2411-3786CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, April 07, 2025
Council Chambers & Hybrid
5:30 PM
Agenda Item
11.Approval of a Purchase Order with Municipal Maintenance Equipment, Inc. in an
Amount Not to Exceed $290,947 for the Purchase of a 14 Foot Trailer with a RapidView
Closed-Circuit Television Crawler Camera System, Utilizing a Cooperative Purchase
Agreement, as Part of the Storm Drainage System Replacement and Rehabilitation
Capital Improvement Program Project No. SD-06101; and Approval of a Budget
Amendment in the Stormwater Management Fund and Vehicle Replacement and
Maintenance Fund; CEQA Status - Exempt Under Sections 10560 and 10561
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: April 7, 2025
Report #:2411-3786
TITLE
Approval of a Purchase Order with Municipal Maintenance Equipment, Inc. in an Amount Not
to Exceed $290,947 for the Purchase of a 14 Foot Trailer with a RapidView Closed-Circuit
Television Crawler Camera System, Utilizing a Cooperative Purchase Agreement, as Part of the
Storm Drainage System Replacement and Rehabilitation Capital Improvement Program Project
No. SD-06101; and Approval of a Budget Amendment in the Stormwater Management Fund
and Vehicle Replacement and Maintenance Fund; CEQA Status - Exempt Under Sections 10560
and 10561
RECOMMENDATION
Staff recommends that the City Council:
1. Approve and authorize the City Manager or their designee to execute a purchase order
with Municipal Maintenance Equipment, Inc., an authorized dealer for RapidView LLC, in
the Not-to-Exceed amount of $290,947, which includes a 5% contingency in the amount
of $13,855 for unforeseen price increases, for the purchase of a 14’ Trailer with
RapidView Closed-Circuit Television Crawler Camera System, utilizing a cooperative
purchase agreement between RapidView LLC and Sourcewell, a cooperative purchasing
agency serving government and not-for-profit organizations; and
2. Amend the Fiscal Year 2025 Budget Appropriation (2/3 vote needed) for:
a. The Stormwater Management Fund by:
i. Increasing the transfer to the Vehicle Replacement Fund in the amount of
$290,947; and
ii. Decreasing the Storm Drainage System Replacement and Rehabilitation
Capital project (SD-06101) appropriation in the amount of $290,947; and
b. The Vehicle Replacement and Maintenance Fund by:
i. Increasing the transfer from the Stormwater Management Fund by
$290,947; and
ii. Increasing the Scheduled Vehicle Equipment and Replacement Fiscal Year
2025 Capital project (VR-25000) with an appropriation in the amount of
$290,947.
BACKGROUND
The Public Works Department acquired a Closed-Circuit Television (CCTV) Crawler Camera, in
about 2005, to enhance the inspection of storm drain pipelines. This technology is utilized after
the pipes have been hydro-flushed and cleaned by the staff, ensuring an accurate visual
assessment of the pipeline system. As the crawler moves through the pipes, it captures high-
resolution footage that can identify and document cracks, blockages, root intrusions, and other
signs of deterioration. The information gathered from these CCTV inspections is essential for
evaluating the structural integrity of the storm drain system, and identifying any damage,
blockage, or deterioration. Based on the visual assessment of the storm drain’s condition, the
department can develop a prioritized list of repairs, enabling a more efficient allocation of
resources and timely maintenance to prevent potential failures in the drainage system.
After two decades of continuous use, the existing CCTV Crawler Camera has reached the end of
its serviceable life. The CCTV Crawler Camera is no longer in operation and has been
determined to be irreparable.
ANALYSIS
The Public Works Department currently has one CCTV Crawler Camera. When the equipment
was purchased, options to mount it onto a vehicle or trailer were not available. As a result, this
equipment was not a part of the City’s fleet. The recommended new replacement camera
crawler system is trailer-mounted and will be added to the City’s fleet for routine trailer
maintenance and repairs.
If the request to continue the use of the CCTV Crawler Camera program is not approved, the
City could face several significant impacts and costs:
1. Increased Flooding Risks and Damage Costs: Without regular CCTV inspections, the City
would have limited ability to proactively identify and address potential blockages,
structural damage, or other issues within the storm drain system. This could result to
localized flooding during heavy rain events, property damage, road closures, and
potential safety hazards for residents and businesses.
2. Deterioration of Storm Drain Infrastructure: The lack of detailed and timely inspections
could mean that minor defects in the storm drain system go undetected and worsen
over time. This could lead to more severe structural failures, such as pipe collapses or
sinkholes, which would be more costly to repair.
3. Regulatory and Environmental Compliance Risks: Storm drain systems are critical in
managing water flow and preventing pollutants from entering natural waterways.
Failure to adequately inspect and maintain these systems could result in non-
compliance with local, state, or federal environmental regulations.
Procurement Process
Palo Alto Municipal Code section 2.30.360 (j) allows the use of cooperative purchasing
agreements in lieu of conducting a competitive solicitation. Sourcewell, a cooperative
purchasing agency serving governmental, higher education, K-12 education, not-for-profit,
tribal government, and other public agencies, conducted a Request for Proposal (RFP). The RFP
for the procurement of Underground Infrastructure Inspection and Rehabilitation Equipment
with Related Services was posted on the Sourcewell Procurement Portal in December 2021 with
RapidView LLC being awarded the contract on January 13, 2022. The City requested a quote
(Attachment A) from Municipal Maintenance Equipment, Inc. (the authorized dealer of
RapidView LLC) on February 3, 2025, and received it on February 7, 2025.
Staff recommends Council approve a purchase order (Attachment B) with Municipal
Maintenance Equipment, Inc. for the CCTV Crawler Camera System Trailer described, via the
cooperative purchase agreement with Sourcewell. The purchase order version provided has
been reduced for printing purposes and is not the full contract with all exhibits.
FISCAL/RESOURCE IMPACT
To fund the recommended purchase, the Fiscal Year 2025 budget will be amended by
decreasing the Storm Drainage System Replacement and Rehabilitation Capital Improvement
Program Project (SD-06101) by $290,947 and increasing the Scheduled Vehicle and Equipment
Replacement Fiscal Year 2025 Project (VR-25000). This purchase was planned in the Fiscal Year
2025 Adopted Capital Budget for the Storm Drainage System Replacement and Rehabilitation
project.
STAKEHOLDER ENGAGEMENT
Requests for vehicle replacements are presented to the Fleet Review Committee (FRC) for
approval during the development of the proposed budget and any deviation from these plans is
also reviewed by the FRC. The FRC is comprised of executive leadership representatives from
the Public Works and Administrative Services Departments and the City Manager’s Office.
Additionally, Fleet staff review proposed vehicle replacements with the departments using the
vehicles. FRC approved the replacement of this purchase on November 13, 2024.
ENVIRONMENTAL REVIEW
This purchase is exempt from the provisions of the California Environmental Quality Act (CEQA)
under Sections 10560 and 10561.
ATTACHMENTS
Attachment A: Quote
Attachment B: Purchase Order
APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
City of Palo Alto City Council Staff Report no. 2411-3786
This City of Palo Alto (City) Purchase Order agreement (PO) with
Municipal Maintenance Equipment, Inc., is made pursuant and subject
to Sourcewell Contract No. 120721-RVL Municipal Maintenance
Equipment, Inc., for the procurement of the equipment detailed in this
PO.
This PO is governed by California law without regard to conflict of law
principles. The venue for any dispute under this PO is Santa Clara
County, California.
This PO by reference incorporates the following contract documents
into this PO by reference as though fully set forth herein:
1. Sourcewell Contract No. 120721-RVL
2. Municipal Maintenance Equipment, Inc.,Pricing Sheet for Sourcewell
Contract No. 120721-RVL
3. Municipal Maintenance Equipment, Inc. Quote Dated 2/7/25
(including pricing and specifications)
4. City Of Palo Alto Terms and Conditions.
0010 Camera and Trailer 1 EA 240,791.56 240,791.56
Purchase of CCTV Crawler Camera System using Sourcewell contract #
120721 with a total cost of $277,091.23 broken as:
Vendor Address
MUNICIPAL MAINTENANCE EQUIPMENT INC
4634 MAYHEW ROAD
SACRAMENTO CA 95827
Tel: 916-922-1101 Fax: 916-922-1034
Bill To:
City of Palo Alto
Account Payable
P.O.Box 10250
Palo Alto, CA 94303
Ship To:
Public Works Operations
City of Palo Alto
3201 E. Bayshore Road
Palo Alto/CA CA 94303
Item Material/Description Quantity UM Net Price Net Amount
______________________________________
Chief Procurement Officer
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGESPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on
all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
Tel:(650)329-2271 Fax:(650)329-2468
Purchase Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number 4525000373
Date 02/25/2025
Vendor No.100520
Payment Terms Payment Due 30 days
FOB Point F.O.B Destination
Ship via Vendor ship bestway
Required Date 06/18/2025
Buyer/Phone Saira Cardoza / 650-329-2327
Email Saira.Cardoza@CityofPaloAlto.org
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Page 1 of 2
1. Sale price $250,591.43
2. Sourcewell Discount (4%) -$9,799.87
3. Freight $9,629.38
4. tax (9.13%) $23,170.29
5. Equipment Training (2 days) $3,500.00
City's Project Manager: Oscar Godinez, 650-496-5935,
oscar.godinez@cityofpaloalto.org
City's Operations Project Manager: Kaela Noakes, 650-496-5945,
kaela.noakes@cityofpaloalto.org
0020 Equipment Training 2 - days 2 EA 1,750.00 3,500.00
0030 Freight 1 EA 9,629.38 9,629.38
0040 5% Contingency 1 USD 13,855.00 13,855.00
-------------------------
Sub-Total 267,775.94
Sales Tax 23,170.29
**** PRICE HAS BEEN QUOTED ****
Vendor Address
MUNICIPAL MAINTENANCE EQUIPMENT INC
4634 MAYHEW ROAD
SACRAMENTO CA 95827
Tel: 916-922-1101 Fax: 916-922-1034
Bill To:
City of Palo Alto
Account Payable
P.O.Box 10250
Palo Alto, CA 94303
Ship To:
Public Works Operations
City of Palo Alto
3201 E. Bayshore Road
Palo Alto/CA CA 94303
Item Material/Description Quantity UM Net Price Net Amount
______________________________________
Chief Procurement Officer
Total 290,946.23
THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGESPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order.DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on
all documents. Complete packing lists must accompany each shipment.
INVOICE - A separate invoice is required for each order. Send to address indicated above.
City of Palo Alto
Purchasing and Contract Administration
P.O.Box 10250
Palo Alto CA 94303
Tel:(650)329-2271 Fax:(650)329-2468
Purchase Order
P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING
PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER
PO Number 4525000373
Date 02/25/2025
Vendor No.100520
Payment Terms Payment Due 30 days
FOB Point F.O.B Destination
Ship via Vendor ship bestway
Required Date 06/18/2025
Buyer/Phone Saira Cardoza / 650-329-2327
Email Saira.Cardoza@CityofPaloAlto.org
DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER
ARRANGEMENTS ARE INDICATED HEREIN
Page 2 of 2
CITY OF PALO ALTO
GDS Rev. 06/22/2016
TERMS AND CONDITIONS OF PURCHASE
PAGE 1 OF 3
ACCEPTANCE/AGREEMENT: City of Palo Alto (City) reserves the right to reject any and all
quotations, to waive any informalities, and, unless otherwise specified by Seller, to accept
any item in a quotation. By accepting or filing this Purchase Order (P.O.), Seller agrees to the
terms and conditions herein which shall prevail over any inconsistent provision in any form or
other paper submitted by Seller. All shipments or services performed shall be deemed to have
been made pursuant hereto. No other terms are acceptable. This P.O., including all
specifications and drawings, shall constitute the entire agreement between the parties unless
modified in writing by City.
CITY'S PROPERTY: Seller agrees that the information, tools, jigs, dies, or materials, and
drawings, patterns, and specification supplied or paid for by City shall be and remain City
property and shall be held by Seller for City unless directed otherwise. Seller shall account for
such items and keep them protected, insured, and in good working conditions without
expense to City.
DELIVERY: The terms of delivery are as stated on the reverse side hereof. The obligation of
Seller to meet the delivery dates, specifications, and quantities set forth herein is of the
essence of this P.O. No boxing, packing, or cartage charge will be allowed unless authorized
by this P.O. Deliveries are to be made both in quantities and at times specified herein or, if
not, such quantities and times are specified pursuant to City's written instruction. Items not
delivered may be canceled without penalty to City. Shipments in greater or lesser quantity
that ordered may be returned at Seller's expense unless written authorization is issued by
City.
PRICES: The price which Seller charges in filling this P.O. shall not be higher than Seller's
most recent quote or charge to City for such materials, supplies, services and/or installations
unless City expressly agrees otherwise in writing. Notwithstanding the prices set forth the
P.O. City shall receive the benefit of any general reduction in the price of any item(s) listed
herein which may be made by Seller at any time prior to the last delivery of goods or services
covered by this P.O.
TERMINATION: City shall have the right to terminate this P.O. or any part thereof upon ten
(10) days notice in writing to Seller.
(1) Without Cause. City may terminate all or any part of this P.O. without cause. Any
claim by Seller for damages due to termination without cause must be submitted to City
within thirty (30) days after effective date of termination.
(2) For Cause. If Seller fails to make any delivery in accordance with the agreed delivery
date, delivery schedule, or otherwise fails to observe or comply with any of the other
instructions, terms, conditions or warranties applicable to this P.O., City may, in addition to
any other right or remedy provided by this P.O. or by law, terminate all or any part of this P.O.
in writing without any liability of City with respect to Seller at any time during the term of this
P.O. In the event of termination for cause, City may purchase supplies or services elsewhere
on such terms or in such manner as City may deem appropriate and Seller shall be liable to
City for any cost and other expenses incurred by City, which is charged to City.
CHANGES: City shall have the right at any time by written notice via P.O. Change Order to
Seller to make changes in the specifications, the quantity of items called for, delivery
schedules, and requirements covering testing, packaging, or destination. Any claim by Seller
for adjustment under this clause shall be deemed waived unless made in writing with then
(10) days after receipt by Seller of notice of such change. Price increases or extensions of
time for delivery shall not be binding on City unless evidenced by a P.O. Change Order issued
by City's Purchasing Manager.
INSPECTION: City shall have the right to inspect and approve or reject any materials,
supplies, services and/or installations upon arrival of notice of completion prior to payment
without regard to the manner of shipment, completion, or any shipping or price terms
contained in this P.O. All materials, supplies, services and/or installations must be furnished
as specified.
(1) Defective, damaged, and nonconforming materials and/or supplies may be returned
for credit or refund, at Seller's expense. City may charge Seller for all expenses of unpacking,
examining, repacking and reshipping of such materials and/or supplies.
(2) Defective, incorrect and nonconforming services and/or installations may be returned
for credit or refund, at Seller's expense. All of the above notwithstanding prior payment by
City.
WARRANTY: Seller expressly warrants that all materials, supplies, services and/or
installations covered by this P.O. shall:
(1) conform to the specifications, drawings, samples, or other descriptions specified by
City or if none are so specified, to Seller's standard specification or the standards of the
ASTM or ANSI or other national standard organizations;
(2) be new and unless specified to the contrary on the face hereof, will be free from
defects in material and workmanship and will be free of all liens and encumbrances and will
conform to any affirmation of facts made on the container or label;
(3) be adequately contained, packaged, marked, labeled and/or provided in compliance
with all applicable federal and state laws and regulations (including materials deemed
hazardous);
(4) be performed within the rules and regulations of the Occupational Safety and Health
Act of 1970 (as amended);
(5) be produced or transferred or disposed of as required by federal and state laws and
regulation under the conditions of the Toxic Substances Control Act; the Hazardous Materials
Control and Hazardous Waste Regulations; and other toxic laws and programs.
Seller further expressly agrees to protect, indemnify, and hold harmless City, its employees
and agents for any loss, damage, fine, liability, fee (including reasonable charges and fees) or
expense arising in connection with or resulting from Seller's failure to furnish materials or
supplies or perform services that conform with any warranty contained herein.
(6) have good marketable title.
GOVERNING LAW: This P.O. shall be governed by the laws of the State of California.
INDEPENDENT CONTRACTOR, INSURANCE: Seller certifies, by acceptance, that he/she is an
independent contractor. Seller shall protect, defend, and indemnify and hold City harmless
against all damages, liability, claims, losses and expenses (including attorney's fees) arising
out of , or resulting in any way from Seller's negligence in providing the goods or services
purchased hereunder or from any act or omission of Seller, its agents, employees, or
subcontractors, Seller shall maintain such public liability insurance, including contractual
liability, automobile and general public liability, (including non-owned automobile liability)
Worker's Compensation, and employer's liability insurance as well adequately protect City
against such damage, liabilities, claims, losses, and expenses (including attorney's fees).
Seller agrees to submit certificates of insurance, evidencing its insurance coverage when
requested by City.
EQUAL OPPORTUNITY CLAUSE: By acceptance of this P.O., Seller certifies it is in
compliance with the Equal Opportunity Clause required by Executive Order 11246, as
amended, and the Palo Alto Municipal Code, as amended, including Affirmative Action
Compliance Programs for Veterans; Handicapped; and Minority Business, and other equal
opportunity programs.
FORCE MAJEURE: City may delay delivery or acceptance occasioned by causes beyond its
control. Seller shall hold such materials, supplies, services and or installations at the direction
of City and shall deliver them when the cause affecting the delay has been removed. City
shall be responsible only for Seller's direct additional costs in holding the goods or delaying
performance of this P.O. and City's request. Seller shall also be excused if delivery is delayed
by unforeseen events beyond its reasonable control, provided Seller notifies City as soon as
they occur. City may cancel this P.O. if such delay exceeds thirty (30) days from the original
delivery date. Seller shall use its best efforts to grant preference to this P.O. over those of
other customers, which were placed after this P.O.
AUTHORITY OF AGENT OR FACTOR: Seller represents that, whenever it executes this P.O.
on behalf of a third party as an agent or factor, it shall disclose the existence of the agency or
factor relationship to City. Seller shall be deemed to have the legal authority to enter into this
P.O. with City on behalf of the third party.
INTERPRETATION OF CONTRACT DOCUMENTS: In the event of a conflict between the
terms of this P.O. and the attached specification with respect to any obligation of Seller, the
provision which impose the greater obligations upon Seller shall prevail.
CITY OF PALO ALTO
GDS Rev. 06/22/2016
TERMS AND CONDITIONS OF PURCHASE
PAGE 2 OF 3
ENVIRONMENTALLY PREFERRED PURCHASING REQUIREMENTS: Seller agrees to comply
with the City's Environmentally Preferred Purchasing Requirements.
(1) Hazardous Waste:
Seller shall take-back all spent or otherwise discarded hazardous products sold to the City by
the Seller if the spent or discarded products are classified as hazardous or universal wastes by
State or Federal regulations. Seller shall provide convenient collection and recycling services
(or disposal services if recycling technology is unavailable) for all universal wastes, which
originate from the Vendor. Hazardous waste manifests or bills of lading must be provided to
City staff upon request. Recycling and reuse of hazardous wastes must occur within the
United States. Universal waste lists and information are available
www.dtsc.ca.gov/HazardousWaste/UniversalWaste/. A hazardous waste list is available at
http://www.calrecycle.ca.gov/LEA/Training/wasteclass/yep.htm. Additional information can
be obtained by contacting the City of Palo Alto Hazardous Waste Department at (650)
496-6980.
(2) Zero Waste and Pollution Prevention:
Per Palo Alto City Council policy, the City is targeting to achieve Zero Waste by 2021. The
City must also meet Municipal Regional Stormwater Permit requirements requiring no visible
impact from litter via stormdrains by 2022. To that end the vendor, manufacturer and or
contractor must individually or collaboratively comply with the waste reduction, reuse and
recycling requirements of the City's Zero Waste and Pollution Prevention Programs. Seller
acknowledges and agrees that if Seller fails to fully and satisfactorily comply with these
requirements, the City will suffer, as a result of Seller's failure, substantial damages which
are both extremely difficult and impracticable to ascertain. Therefore, the Seller agrees that in
addition to all other damages to which the City may be entitled, in the event Seller fails to
comply with the below requirements Seller shall pay City as liquidated damages the amounts
specified below. The liquidated damage amount is not a penalty but considered to be a
reasonable estimate of the amount of damages City will suffer as a result of such
non-compliance.
Sellers shall adhere to the standard that all printed materials provided to the City that are
generated from a personal computer and printer including, proposals, quotes, invoices,
reports, and public education materials shall be double-sided, printed on a minimum of 30%
post-consumer content paper or greater unless otherwise approved by the City's
Environmental Services Division (650) 329-2117. Materials printed by a professional printing
company shall be a minimum of 30% post-consumer material or greater and printed with
vegetable based inks. Liquidated damages of $30 per document will be assessed by City for
failure to adhere to this requirement.
All paper packaging must be Forest Stewardship Council (FSC) Certified.
All primary, secondary and shipping (tertiary) packaging be minimized to the maximum
extent feasible while protecting the product being shipped.
All primary, secondary and shipping packaging shall be recyclable in the City's recycling
program. A complete list of items accepted for recycling are found at
www.zerowastepaloalto.org or by calling (650) 496-5910. If any portion is received that
does not meet this requirement, liquidated damages of $235 or a minimum of $50 if the
combined product and shipping cost is $235 or less will be assessed by City for failure to
adhere to this requirement.
Expanded foam plastics (e.g., foam or cushion blocks, trays, packing 'peanuts'), such as
but not limited to polystyrene (aka Styrofoam[tm]), polypropylene, or polyurethane shall not
be used as primary, secondary or tertiary/shipping packaging with the following exceptions:
o Primary packaging made from these materials may be used if the vendor,
manufacturer, contractor individually or collaboratively does one of the following:
(a) takes the material back at the City's convenience and at no cost to the City, or
(b) pays the City of Palo Alto's disposal costs via payment of liquidated damages of
$235, or a minimum of $50 if the combined product and shipping cost is $235 or less.
o Bioplastics that meet ASTM D6400 standards for compostability may be accepted
with approval from the City's Environmental Services Division subject to local municipal
compost facility requirements.
o If approved by the City's Environmental Services Division, a packaging requirement
may be waived if no other viable packaging alternative exists.
Reusable/returnable pallets shall be used and taken back by the Seller, at no additional
cost to the City. Seller shall provide documentation upon request ensuring reuse of pallets
and/or recycling of broken pallets. Liquidated damages of $262 or a minimum of $50 if the
combined product and shipping cost is $262 or less will be assessed by City for failure to
adhere to this requirement.
(3) Energy and Water Efficiency:
Seller shall provide products with an ENERGY STAR, Water Sense or State of California
standard rating, whichever is more efficient, when ratings exist for those products. A life
cycle cost analysis shall be provided to the City upon request and shall at minimum include:
first cost, operating costs, maintenance costs, and disposal costs.
Contacts for additional information about City of Palo Alto Hazardous Waste, Zero Waste and
Utilities programs:
Hazardous Waste Program (Public Works)
(650) 496-6980
Zero Waste Program (Public Works)
(650) 496-5910
Watershed Protection
(650) 329-2117
Energy Efficiency
(650) 496-2244
(4) Liquidated Damages:
Seller agrees that failure to comply with the City's Environmentally Preferred Purchasing
Requirements will result in Liquidated Damages, according to the table marked Liquidated
Damages on page 3 of this P.O.
Event of Non-Performance
Recycled Paper Use
Failure to use 30% recycled content paper
Recyclable Packaging Materials
Failure of Seller to use secondary and shipping packaging that is recyclable in
the City's recycling program.
Expanded Foam Plastics
Unapproved use of expanded foam plastics for secondary or shipping
packaging
Pallet Use
Failure of Seller to take-back and reuse pallets, recycling only broken pallets,
at no additional cost to the City.
Acceptable Performance Level
(Allowed events per Fiscal Year)
1
1
0
1
Liquidated Damage Amount
$30 per each document
$235 or a minimum of $50 if the combined product
and shipping cost is $250 or less will be incurred if
this is not adhered to.
$235 or a minimum of $50 if the combined product
and shipping cost is $235 or less
$262 or a minimum of $50 if the combined product
and shipping cost is $2 or less
CITY OF PALO ALTO
GDS Rev. 06/22/2016
TERMS AND CONDITIONS OF PURCHASE
NONCOMPLIANCE WITH ENVIRONMENTALLY PREFERRED PURCHASING REQUIREMENTS, LIQUIDATED DAMAGES:
The following table lists the events that constitute breaches of the Agreement's standard of performance warranting the imposition of liquidated damages; the acceptable performance level, and
the amount of liquidated damages for failure to meet the contractually required standards of performance.
PAGE 3 OF 3