11. Additional uses may be permitted by the planning commission according to the provisions of Chapter 17.56, Conditional Use Permits.
Section 17.28.055 Site Development Permit.
No development shall be constructed on any lot or site in this zone until a site plan has been submitted and approved consistent with Chapter 17.60 Site development permit.
Chapter 17.30 M-2 LIGHT MANUFACTURING ZONE
17.30.020 Permitted uses.
E. Commercial Cannabis Activity as established by Chapter 8.29.05 Commercial Cannabis Activity within Title 8 Health and Safety.
F. Additional uses may be permitted by the planning commission according to the provisions of Chapter 17.56, Conditional Use Permits.
Section 17.30.055 Site Development Permit.
No development shall be constructed on any lot or site in this zone until a site plan has been submitted and approved consistent with Chapter 17.60 Site development permit.
Chapter 17.32 M-3 GENERAL MANUFACTURING ZONE
17.32.020 Permitted uses.
F. Commercial Cannabis Activity as established by Chapter 8.29.05 Commercial Cannabis Activity within Title 8 Health and Safety.
G. Additional uses may be permitted by the planning commission according to the provisions of Chapter 17.56. Conditional Use Permits.
Section 17.32.055 Site Development Permit.
No development shall be constructed on any lot or site in this zone until a site plan has been submitted and approved consistent with Chapter 17.60 Site development permit.
Chapter 17.34 A-1 LIGHT AGRICULTURAL ZONE,
17.34.020 Permitted uses.
D. Commercial Cannabis Activity as established by Chapter 8.29.05 Commercial Cannabis Activity within Title 8 Health and Safety.
E. Additional uses may be permitted by the planning commission according to the provisions of Chapter 17.56 "Conditional Use Permit".
Section 17.34.055 Site Development Permit.
No development shall be constructed on any lot or site in this zone until a site plan has been submitted and approved consistent with Chapter 17.60 Site development permit.
Chapter 17.36 A-2 GENERAL AGRICULTURE ZONE
17.36.020 Permitted uses.
D. Commercial Cannabis Activity as established by Chapter 8.29.05 Commercial Cannabis Activity within Title 8 Health and Safety.
E. Additional uses may be permitted by the planning commission according to the provisions of Chapter 17.56 "Conditional Use Permit".
4.A.2
Attachment: 2-Ord Amending Titles 16, 17,18_CC Mtg 041222 (Public Hearing - First Reading of Ordiance Amendments to Titles 16, 17, & 18) Ordinance Amendments Titles 16, 17 & 18
Section 17.36.055 Site Development Permit.
No development shall be constructed on any lot or site in this district until a site plan has been submitted and approved consistent with Chapter 17.60 Site development permit.
Chapter 17.56 CONDITIONAL USE PERMITS
17.56.040 Permitted Uses—Specific zone.
F. RESERVED
Chapter 17.64 RESERVED.
Chapter deleted in its entirety and reserved for future use.
TITLE 18 – CALIFORNIA ENVIRONMENTAL QUALITY ACT IMPLEMENTATION -
ENVIRONMENTAL CLEARANCE
Chapter 18.04 - GENERAL PROVISIONS AND PROCEDURES
18.04.010 - Adoption by reference.
A. This title incorporates by reference and adopts the objectives, criteria and procedures for environmental review contained in the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq. and the CEQA Guidelines.
B. The City Council in the implementation of CEQA, has adopted implementing procedures by resolution which may be amended from time to time.
Section 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance.
The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 4. This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation.
///////
///////
///////
///////
///////
4.A.2
Attachment: 2-Ord Amending Titles 16, 17,18_CC Mtg 041222 (Public Hearing - First Reading of Ordiance Amendments to Titles 16, 17, & 18) Ordinance Amendments Titles 16, 17 & 18
I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the 12th day of April 2022, and adopted the Ordinance after the second reading at a regular meeting held on the ____ day of _______________ 2022, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
CECILIA VELA, City Clerk
CITY OF ARVIN
By:
OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:
By:
NATHAN HODGES, City Attorney
I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
4.A.2
Attachment: 2-Ord Amending Titles 16, 17,18_CC Mtg 041222 (Public Hearing - First Reading of Ordiance Amendments to Titles 16, 17, & 18)
NOTICE OF PUBLIC HEARING
CITY OF ARVIN
Notice is hereby given that the City Council of the City of Arvin, California, will conduct a public hearing, at which time the public may be present and be heard, to consider the following proposed ordinance amendments to Arvin Municipal Code to Sections 16.04.04; .050; .070; .095 of Chapter
16.04 General Provisions; Sections 16.28.050 of Chapter 16.8 Final Maps; Section 16.32.020; 040; 050; .060 of Chapter 16.32 Divisions Other Than Subdivisions; Sections 16.36.010; .020; .030; .040 of Chapter 16.36 Lot Line Adjustments; Add Chapter 16.38 Merger of Parcels; Section 16.38.010; Amendments to Section 16.40.040 of Chapter 16.40 Development Agreements of Title 16 Subdivision Section 17.28.020, Section 17.30.020; Section 17.32.020; Section 17.34.020; Section
17.36.020; Section 17.56.040; and Section 17.64 of Title 17 Zoning; Adding Title 18- California Environmental Quality Act (CEQA) Implementation-Environmental Clearance will establish administration and implementation of CEQA and to adopt related CEQA Exemption findings, and to adopt a related Notice of Exemption pursuant to CEQA Guidelines, sections 15061(b)(1) and 15061(b)(3
.
Applicant: City of Arvin, 200 Campus Drive, Arvin, CA 93203 Location: The ordinance applies only to agricultural and industrial zones within the City limits.
The purpose of the hearing is to consider amending and adoption provisions of Title 16 Subdivisions and Title 17 Zoning (“Proposed Ordinances”), and Title 18 CEQA Administration and make the CEQA findings required thereof, and a related Notice of Exemption.
Additional information on the proposed ordinance, including copies in hard copy or electronic format, may be obtained from the City Clerk’s office at Arvin City Hall, 200 Campus Drive, Arvin, California, 93203, or the City’s web site at www.arvin.org. All persons interested in this topic who would like to provide feedback or ask questions are invited to attend. Written comments on this matter may be submitted to the City Clerk’s office until 4:00 p.m. on the date of this hearing.
Address any communications or comments regarding the project to Cecilia Vela, City Clerk, 200 Campus Drive, Arvin, CA 93203, (661) 854-3134, [email protected].
Note: If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described in this notice, or in written correspondence delivered to the City, at or prior to, the Public Hearing (Govt. Code Sec. 65009).
Cecilia Vela, City Clerk
Published: Bakersfield Californian, March 25, 2022
Arvin City Council Hearing Information
Date: April 12, 2022
Time: 6:00 PM
Place: City of Arvin Council Chambers
200 Campus Drive, Arvin, CA 93203
4.A.3
Attachment: PH Notice Ord Amendments Titles 16, 17, 18_CC Mtg 041222 (Public Hearing - First Reading of Ordiance Amendments to Titles 16,
CITY OF ARVIN
Staff Report
Meeting Date: April 12, 2022
TO: Arvin City Council
FROM: Nori Sanchez, Senior Building Official
Jeff Jones, City Manager
SUBJECT: Approval of Software Services Agreement Between the City of Arvin and OpenGov for Procurement of OpenGov Software Services for the City of Arvin Building and Planning Departments and Authorizing the City Manager to Execute Said Agreement.
SUMMARY OF ISSUE:
These last couple of years have come with a unique set of challenges. Covid 19 has changed how we do business throughout the world and certainly here in the City of Arvin. There is a great need to accommodate those who choose to conduct business remotely and more efficiently. Our intentions are to utilize Open.gov software and develop online services.
During this pandemic we began looking for a software that could be utilized throughout the city.
We interviewed 3 different software companies and narrowed it down to open.gov. This program offers:
1) Online building applications and payments
2) Digital plan review in different departments and outside consultants 3) Ability to communicate with public on status of projects 4) Easy access to store digital documents/storage
5) Opengov has the ability to adapt to different needs of the City of Arvin This software will assist us with electronic payments, and it also integrates the software and has GIS capabilities that are beneficial city wide.
This system will be able to process citizen needs including building permits and inspections.
Eventually we could incorporate planning and encroachment permits. This will help streamline workflow amongst staff to better serve the public.
STAFF RECOMMENDATION:
Staff recommends that the City Council authorize the City Manager sign the contact with Open.Gov for software services.
FINANCIAL IMPACT:
The total cost of the project is estimated at $173,230 over the next five years. This includes implementation costs of $25,900 and annual service fees of $29,466. Funding for this project is
5.A.1
Attachment: Staff Report OpenGov Proposal (Procurement of OpenGov Software) provided by SB-1 planning grant ($25,000), general fund contribution of approximately $15,000 per year and users fees generated from permit issuances of $14,966 per year.
ATTACHMENTS:
1 – Open.Gov Statement of Work
2 – Open.Gov Software Services Agreement
3 – Open.Gov Citizen Services Datasheet
4 – Open.Gov Arvin Partnership Summary
5 - Open.Gov Proposal Letter
5.A.1
Attachment: Staff Report OpenGov Proposal (Procurement of OpenGov Software) OpenGov Inc.
PO Box 41340
San Jose, CA 95160
United States
https://opengov.com | 1
Order Number:
Created On:
Quote Expiration Date:
Subscription Start Date:
Subscription End Date:
Q003202
02/22/2022
03/15/2022
03/15/2022
03/14/2027
Prepared By:
Email:
Contract Term:
Andrew Kercado
[email protected]
60 Months
Customer Information
Customer:
Bill To/Ship To:
City of Arvin, CA
200 Campus Drive, Arvin,
California 93203
United States
Contact Name:
Email:
Nori Sanchez
[email protected]
Order Details
Billing Frequency: Annual Payment Terms: Net 30
SOFTWARE SERVICES:
Product / Service Start Date End Date Annual Fee
Citizen Services - 3 Service Area
Dashboards, Multi-Approval Workflows - 3 Service Area, Open Town Hall, Reporting & Analytics, Stories, Transparency
03/15/2022 03/14/2027 $29,466.00
Software Annual Total: $29,466.00
PROFESSIONAL SERVICES:
Product / Service Start Date Total Amount
Professional Services Deployment - Prepaid 03/15/2022 $25,900.00 Services Total Amount: $25,900.00
Order Form Legal Terms
Welcome to OpenGov! Thanks for using our Software Services. This Order Form is entered into between OpenGov, Inc., with its principal place of business at PO Box 41340, San Jose, CA 95160 (“OpenGov”), and you, the entity identified above (“Customer”), as of the Effective Date. This Order Form includes and incorporates the OpenGov Software Services Agreement ("SSA") attached, or if no such SSA is attached, the SSA available at https://opengov.com/terms-of-service and the applicable Statement of Work ("SOW") incorporated herein in the event Professional Services are purchased. The Order Form, SSA and SOW shall hereafter be referred to as the "Agreement". Unless otherwise specified above, fees for the Software Services and Professional Services shall be due and payable, in advance, on the Effective Date. By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be legally bound by, the OpenGov Terms and Conditions. Each party’s acceptance of this Agreement is conditional upon the other’s acceptance of the terms in the Agreement to the exclusion of all other terms.
City of Arvin, CA
Signature:
OpenGov, Inc.
Signature:
Name:
Title:
Sign Date:
Name:
Title:
Countersign Date:
Billing Date Amount Due
March 15, 2022 $55,366.00 (Annual Software Fee + Professional Services) March 15, 2023 $29,466.00
March 15, 2024 $29,466.00
March 15, 2025 $29,466.00
March 15, 2026 $29,466.00
5.A.2
Attachment: City of Arvin, CA - OpenGov Citizen Services Agreement (Procurement of OpenGov Software) S
tatementofWork
CityofArvin,CA
Createdby:AdamJ.Weems
CreationDate:02/22/2022
DocumentNumber:DD-02388
VersionNumber:1
Overview2
Preamble2
Methodology3
ProjectInitiation3
BestPracticeReview4
Configuration4
Validation4
Deploy5
ProjectCompletion5
ProjectSchedule5
RolesandResponsibilities5
RolesandResponsibilitiesMatrix5
Governance8
RegularCommunicationComponents8
CommitmenttoProjectDirectionandGoals9
EscalationProcess10
Process10
EscalationRequirements10
Documentation11
GeneralProjectCommitments11
ProjectScope12
OpenGovReporting&TransparencyPlatform12
OpenGovReporting&TransparencyPlatformProjectDeliverables121
5.A.2
Attachment: City of Arvin, CA - OpenGov Citizen Services Agreement (Procurement of OpenGov Software) Project Tasks 12
Initiate 12
Best Practices 13
Configuration 13
Deploy 13
OpenGov Citizen Services Suite (CIT Suite) 14
CIT Suite Project Deliverables 14
Project Tasks 14
Initiate 14
Best Practice 15
Configuration 15
Validation 17
Deploy 18
Acceptance 18
Acceptance Process 18
Acceptance Requirements 19
Change Management 20
1. Overview
1.1. Preamble
This Statement of Work (“SOW”) identifies services that OpenGov, Inc. (“OpenGov” or “we”) will perform for City of Arvin, CA (“Customer” or “you”) pursuant to that order for Professional Services entered into between OpenGov and the Customer (“Order Form”) which references the Software Services Agreement or other applicable agreement entered into by the parties (the “Agreement”).
● Customer’s use of the Professional Services are governed by the Agreement and not this SOW.
● Upon execution of the Order Form or other documentation referencing the SOW, this SOW shall be incorporated by reference into the Agreement. ● In the event of any inconsistency or conflict between the terms and conditions of this SOW and the Agreement, the terms and conditions of this SOW shall govern with respect to the subject matter of this SOW only. Unless otherwise defined herein, capitalized terms used in this SOW shall have the meaning defined in the Agreement. ● This SOW may not be modified or amended except in a written agreement signed by a duly authorized representative of each party.
● openGov will be deployed as is, Customer has access to all functionality available in the current release.
2 5.A.2
Attachment: City of Arvin, CA - OpenGov Citizen Services Agreement (Procurement of OpenGov Software)
2. Methodology
OpenGov’s deployment methodology, often referred to as the OpenGov Way (“OG Way”), delivers on OpenGov’s mission to power more effective and accountable governments. ’It is an innovative, modern, and iterative approach that leads our customers to successfully deploy our products and help them successfully achieve their vision. The OG Way differentiates itself in the market by its foundation of customer empowerment. We rely on our years of experience working with governments, leading in governments, and leveraging best practices from the public and private sector in order to coach our customers through the change management needed to leverage our best practices and quality software. This methodology requires a degree of focus and engagement to ensure collaboration between both parties to produce the desired results in a timely manner. We look forward to our partnership and can’t wait to show you how The OG Way will improve the way you do business and the services you’re able to provide to your citizens! Project Initiation
During project initiation, we will introduce project resources, review the products and services purchased, finalize project timelines, and conduct the kickoff meeting. Both OpenGov and Customer are responsible for assigning their Project Managers for the project. We will hold a planning meeting to review all project documents OpenGov has received to date. We’ll also provide additional worksheets that need to be included. We’ll set-up meetings to finalize the project plan and ensure there is a centralized location for 3 5.A.2
Attachment: City of Arvin, CA - OpenGov Citizen Services Agreement (Procurement of OpenGov Software) these documents to be stored for collaboration. Lastly, we’ll determine the date for the larger kickoff meeting and discuss the agenda for this critical meeting.
Best Practice Review
● OpenGov will provide your team with access to OG University and OpenGov’s Resource Center so that you can start learning.
● Provided checklists with samples of data and information that we’ll need completed.
We will obtain all data and integration information at this time in our standard format. ● We will review your agency-specific documents to validate your business requirements.
● We will then coach you on our best practices by showing you how our tool works in the most effective manner.
● Based on our best practices review, we’ll make solution recommendations based on our domain expertise.
● We’ll align with your team based on our understanding of your operating processes based on technical requirements and product functionality. ● We’ll review all data and integration requirements. A data map will be mutually agreed upon and signed off on by Customer.
● We'll present a solution document to be mutually agreed upon prior to starting the configuration.
Configuration
● We will set-up the base configuration based on the mutually agreed upon solution document.
● We will mutually configure the use cases based on the mutually agreed upon solution document.
● We will migrate your data based on our mutually agreed upon data map.
Validation
● Review the completed work performed during configuration. ● The appropriate members of the Customer project team will confirm that the solution has been configured correctly based on the solution and data mapping documents by testing the use of the solution.
● Training will be provided based on the selected package, or as set forth herein. ● Any items that were configured or migrated incorrectly based on the data map and solution document will be tracked via an issue log. We will work with your team to identify deployment critical issues that will be worked out prior to launch. If the item is not included in the mutually agreed upon data map and solution document, a 4 5.A.2
Attachment: City of Arvin, CA - OpenGov Citizen Services Agreement (Procurement of OpenGov Software) mutually agreed upon change order will be discussed as defined in Section 10 Change Management of this SOW.
● The exit criteria for this phase is the sign off by the Customer’s Project Manager of the configuration based on the mutually agreed upon solution and data map as defined in Section 9 Acceptance of this SOW.
Deploy
● The solution is usable by Customer.
Project Completion
● Customer is sent a project acceptance form to sign as defined in Section 9 Acceptance of this SOW.
● Customer will be asked to respond to a brief survey to provide feedback about the experience.
● Customer is introduced to Customer Support and educated on how to engage with customer support based on Customer’s procured package.
3. Project Schedule
OpenGov will schedule resources for this project upon signature of the order form. Unless specifically noted, the OpenGov assigned project manager (as identified below or such alternate designated by OpenGov, the “OpenGov Project Manager”) will work with Customer Project Manager to develop the project schedule for all requested deliverables under this SOW. OpenGov reserves the right to adjust the schedule based on the availability of OpenGov resources and/or Customer resources, and the timeliness of deliverables provided by the Customer.
4. Roles and Responsibilities
4.1. Roles and Responsibilities Matrix
OpenGov
Role Role Description
Executive Sponsor
(“ES”)
Responsible for ensuring alignment on project value proposition and vision. Escalation point for Customer Executive Sponsor to mitigate any risks that the project team cannot resolve. Executive 5 5.A.2
Attachment: City of Arvin, CA - OpenGov Citizen Services Agreement (Procurement of OpenGov Software) Sponsor attends monthly (or other frequency) executive
meetings to review deployment status, documented issue list, status and closure summary.
Project Manager
(“PM”)
Responsible for the delivery of the professional services based upon the agreed upon contract and SOW within the budgeted hours and timeframe. Ensures the project is properly forecasted, assigns tasks/resources, and tracks toward project completion.
Holds executive steering committee meetings and/or quarterly business reviews as appropriate to ensure project issues are properly escalated and success is achieved. Facilitates the transition to support.
Analyst (“IA”) Responsible for helping Customer configure OpenGov’s product suites as assigned. The Analyst is the primary consultant, guiding Customer through configuration working sessions to put together successful workflows.
Subject Matter
Expert (“SME”)
OpenGov Subject Matter Experts (“SMEs”) will engage in
strategy, design, and execution discussions internally and with Customer during the deployment. The SME has a specific area of expertise, and depending on the scope of the project more than one SME may engage. The SME will not be on all working
sessions, but will be involved per the direction of the OpenGov Project Manager.
Integration Engineer
(“IE”)
Responsible for migrations, conversions, and integrations as assigned. Responsible for providing clear direction on
specifications to ensure proper delivery of migration,
conversions, and integrations. Clear data mapping and data validation to be provided with customer sign-offs obtained by the OpenGov Project Manager.
Account Executive
(“AE”)
The Account Executive is responsible for the sales cycle. Aligning on program vision, value proposition, and contract terms. The Account Executive will facilitate project kickoff along with the OpenGov Project Manager. The Account Executive will be
engaged with the customer throughout their journey with OpenGov, post-deployment and beyond.
Customer Manager
(“CM”)
The Customer Manager (“CM”) is the primary customer
relationship holder post-Deploy. The “Air Traffic Controller” or “Quarterback” of OpenGov resources with focus on long term success of Customer’s partnership with OpenGov. The CM will engage with Customer to discuss adoption strategy and conduct periodic reviews to ensure Customer’s key stakeholders
6 5.A.2
Attachment: City of Arvin, CA - OpenGov Citizen Services Agreement (Procurement of OpenGov Software) understand all OpenGov offerings and how they align to key Customer priorities. The CM will be introduced at deployment kick-off, but will not be an active participant in deployment working sessions. As the deployment approaches closure, the CM's engagement will ramp-up, and the OpenGov Project
Manager to CM meeting with Customer will occur prior to Project Completion.
Customer
Role Role Description
Budget Owner (“BO”) The Customer Budget Owner commits the funds to the project deployment, assesses the value to the cost (ROI), and approves changes orders. In some cases, the Budget Owner and Executive Sponsor are the same person.
Executive Sponsor
(“ES”)
Responsible for ensuring Customer team is aligned to core project value proposition and goals. Able to intervene if the project goes off track, and has ability to make decisions on timeline and budget when decisions are stalled. The Executive Sponsor is not expected to regularly attend deployment working sessions. Executive Sponsors, attend monthly (or other
frequency) executive meetings to review deployment status, documented issue list, status and closure summary.
Project Manager
(“PM”)
Serves as the primary contact for OpenGov Project Initiation, Best Practice Review, Configuration, Validation, Deploy, Project Completion. Coordinates meetings and schedules. Controls communication between the Customer and OpenGov project
teams.
Project Lead (“PL”) Is an internal SME in the functional area of deployment. Attends working sessions, trainings, and responsible for reviewing configurations. Primary OpenGov counterpart will be the Analyst.
Data and
SystemsLead (“DSL”)
Responsible for mapping out data infrastructure and validating migration, conversion, integration requirements. Someone who is able to connect OpenGov team with any of Customer’s
third-party data sources and vendors as needed to fulfill SOW requirements.
7 5.A.2
Attachment: City of Arvin, CA - OpenGov Citizen Services Agreement (Procurement of OpenGov Software)
5. Governance
Project Governance provides the foundation and framework to manage deployments by assessing progress and addressing questions and challenges during the course of deployment. OpenGov follows three guiding principles for governance to maximize the deployment value with our customers:
● Regular communication aligned to the agreed upon project plan and timing will occur. OpenGov expects our customers to raise questions or concerns as soon as they arise. OpenGov will do the same, as we can only address items when known. ● Executive involvement is expected from both OpenGov and Customer. Not only may Executives be called upon to clarify expectations and/or confusion, but also to steer strategic items to maximize the value through the deployment. ● Commitment to the direction outlined in this SOW and critical assessment change orders to ensure they drive value.
5.1. Regular Communication Components
Meeting
Frequency Purpose Participants
OpenGov Customer
Quarterly
Management
Review
(“QMR”)
Engagement
Review
Quarterly Overview of
Program Status,
Value Realization,
trends, savings
reports, program
improvement,
technology, and
discuss program
adjustments
PM, ES,
others as
necessary
PM, PL,
ES, others
as
necessary
Statement
Committee
Bi-Annually Review of
milestones per
commercial
agreement, review
budget and fiscal
matters.
Discuss strategic
PM, ES,
AE, CM
PM, BO.
ES
8 5.A.2
Attachment: City of Arvin, CA - OpenGov Citizen Services Agreement (Procurement of OpenGov Software) direction from
deployment,
alignment of
OpenGov with
Customer’s 3-year
roadmap, evaluate
potential shift in
strategy and
impact to
relationship
Executive Sponsor Meeting Monthly /
Bi-Monthly
Discuss
deployment:
- Strategic
impacts: timing,
scope, process
- Value prop
changes,
confusion
- Project specific:
items that need
guidance, support
and/or clarity
PM, ES,
plus
others as
necessary
PM, ES,
plus
others as
necessary
Weekly Deployment Updates Weekly Summary of
project actions
against project
plan.
Risks and
achievements
highlighted in
addition to asks of
leadership.
Project
Team +
ES(s)
Project
Team +
ES(s)
5.2. Commitment to Project Direction and Goals
This SOW is the direction agreed upon by Customer and OpenGov. Transparency of the plan is paramount for our Customers to attain the value the SOW or any subsequent change order outlines.
9 5.A.2
Attachment: City of Arvin, CA - OpenGov Citizen Services Agreement (Procurement of OpenGov Software) Should direction of the deployment become disconnected, OpenGov and Customer Project Managers will outline the gaps as they understand them and communicate the gaps to their respective Executive Sponsor(s) (or Project Teams) for discussion and resolution.
The communication path for this engagement will be outlined in the kick off meeting, documenting both phone numbers and email. The general path is:
OpenGov Project Manager → Professional Services Sr. Manager / SVP → Executive Sponsor
6. Escalation Process
The purpose of this section is to define the escalation process, should it be needed, to support closing issues that are raised, discussed to move forward with the deployment.
OpenGov and Customer agree to raise concerns and follow the escalation process, resource responsibility, and documentation.
6.1. Process
● Identification of an issue impeding deployment progress, outcome or capturing the value proposition, that is not acceptable.
● Customer or OpenGov Project Manager summarizes the problem statement and impasse.
● Customer and OpenGov Project Managers will outline solution, acceptance or schedule Executive review in accordance with SLA as defined in Section 7 General Project Assumptions.
● Resolution will be documented and signed off following Executive review in accordance with SLA as defined in Section 7 General Project Assumptions.
6.2. Escalation Requirements
● OpenGov and Customer Project Managers will summarize the impasse and recommendation to present at scheduled or ad hoc executive meetings. Unless otherwise noted in this SOW, Customer Project Manager can approve how hours are used, but not where funding is required.
● Executive Sponsors attend monthly (or other frequency) executive meetings to review deployment status, documented issue list, status, and closure summary. ● Steering Committees, where applicable, will be the arbitrator to direction and issue closure. Unless otherwise noted in this SOW, the Customer Executive Sponsor must approve change orders that result in additional cost.
● Customer or OpenGov Subject Matter Experts may be requested to provide input to the issue and assist in closure. Both Customer and OpenGov will make best effort to enable those Subject Matter Experts to be available and participate. 10 5.A.2
Attachment: City of Arvin, CA - OpenGov Citizen Services Agreement (Procurement of OpenGov Software)
6.3. Documentation
● Issue Escalation: Problem Statement with clear impact to the deployment and/or engagement.
● Acceptance Document: Which will include any change order(s) or other process adjustments required and summary of the resolution.
● Notes from Project Meetings, Executive Reviews, and Steering Committee meetings, as appropriate.
7. General Project Commitments
OpenGov is excited to work with Customer on the implementation of our OpenGov ERP Cloud. In order to ensure we are able to meet the project timeline and ensure Customer is successful in this implementation, OpenGov asks that Customer abide by the General Assumptions detailed in this SOW.
● This SOW is limited to the Implementation of the OpenGov Cloud as defined in the Project Scope. Any additional services or support will be considered out of scope.
● Customer will commit and provide access to all necessary stakeholders and subject matter experts, and other key parties whose roles are defined in Section 4.1, necessary to the successful implementation of the OpenGov ERP Cloud as defined in this SOW.
● Customer is responsible for internal change management associated with the purchase of new software.
● Response Protocol
○ OpenGov and Customer commit to responding to inquiries, updates, or any other project-related matters in no more than 10 business days throughout the course of this project. If Customer is delayed in its response, Customer acknowledges that: a) the delay may impact the project schedule; and b) any fees for Professional Services due to OpenGov after such delay shall become due and OpenGov may invoice Customer for such prepayment.
○ As set forth in Section 6.1(e) of the Agreement, if extended delays in Customer responsiveness are encountered, OpenGov may opt to put the project into an "On Hold" status, which includes causing OpenGov to stop or cause to be stopped the Professional Services to be provided to the Customer, until the Customer has fulfilled its obligations set forth in the On Hold Notice as described in the Agreement.
11 5.A.2
Attachment: City of Arvin, CA - OpenGov Citizen Services Agreement (Procurement of OpenGov Software) ○ The Professional Services will be provided during regular business hours (8am to 6pm Pacific Time) Monday through Friday (holidays excluded).
● SOW Expiration:
○ This SOW is valid for up to 90 days from the Creation Date, or as agreed to in writing by OpenGov and Customer.
8. Project Scope
8.1. OpenGov Reporting & Transparency Platform
8.1.1. OpenGov Reporting & Transparency Platform Project Deliverables
Deliverable Description
OpenGov
Reporting &
Transparency
Platform
Cloud based Reporting & Transparency Platform that includes:
● Stories
● Reporting
● Dashboards
● Transparency Portal
8.1.2. Project Tasks
The tasks listed below are required for OpenGov and Customer to successfully complete the OpenGov Reporting & Transparency Platform implementation.
8.1.2.1. Initiate
Functionality Description
Provisioning
R&T Platform
OpenGov will provision Customer’s OpenGov entity and verify Customer has access to all purchased modules.
OpenGov
University
Platform
Training
OpenGov will provide access to OpenGov University online training courses intended to teach users on the basics of the Reporting & Transparency Platform.
Stories
Examples
OpenGov will build out an example of a Story:
● One standard story based on available templates in OpenGov. 12 5.A.2
Attachment: City of Arvin, CA - OpenGov Citizen Services Agreement (Procurement of OpenGov Software)
8.1.2.2. Best Practices
Functionality Description
Overview of
Best Practice
OpenGov assesses and identifies how best to configure and map data to ensure success based on materials provided by Customer.
Stories Review The Implementation Analyst will conduct a review of the examples created.
Solution
Document
OpenGov will present a solution document to be mutually agreed upon prior to beginning configuration.
8.1.2.3. Configuration
Functionality Description
OpenGov
Reports
OpenGov will:
● Train Customer on uploading datasets to the Reporting and Transparency platform for the purposes of creating reports and saved views
8.1.2.4. Deploy
Functionality Description
Training
Stories
OpenGov will review configured story and train Customer on how to:
● Create new stories
● Update/Maintain current stories
● Publish internally and externally
Training
OpenGov
Reports
OpenGov will review configured OpenGov reports.
OpenGov will train Customer on report:
● Configuration
● Update/Maintenance
● Publishing internally and externally
Training
Dashboards
OpenGov will review configured Dashboards
OpenGov will train Customer on Dashboard:
● Configuration
● Update/Maintenance
● Publishing internally and externally
13 5.A.2
Attachment: City of Arvin, CA - OpenGov Citizen Services Agreement (Procurement of OpenGov Software) Platform
Training
OpenGov will train Customer on Platform maintenance::
● Users
● Uploading data
Sign Off Customer will sign off that they have:
● Configured Story
● Configured OpenGov reports
● Configured Dashboard
● Been trained on Stories, OpenGov reports, Dashboards
8.2. OpenGov Citizen Services Suite (CIT Suite)
8.2.1. CIT Suite Project Deliverables
Functionality Description
CIT Suite Cloud based Permit, Licensing, Code Enforcement software to include ● 5 Record Type(s) (forms, document templates, fee schedules, workflows) built by OpenGov
● CIT System Training
● Configuration Training
● Internal user Training
● Migrations and Integrations
8.2.2. Project Tasks
The tasks listed below are required for OpenGov and Customer to successfully complete the OpenGov CIT Suite implementation.
8.2.2.1. Initiate
Functionality Description
Creating
Environment
OpenGov will provision a CIT environment and FTP site. Customer system administrator will be added to the environment following contract signing and creation.
Documentation
Receipt
Customer will provide OpenGov with:
● Existing application forms
● Current workflows
● Gathering all existing supporting documentation
14 5.A.2
Attachment: City of Arvin, CA - OpenGov Citizen Services Agreement (Procurement of OpenGov Software) System Training During the CIT System Configuration, OpenGov will provide System Training designed for system administrators, which will include:
● How to create and customize the public portal in CIT
● How to create and customize CIT record types (forms, document templates, fee schedules, workflows)
● How to set up inspections in CIT
● How to create datasets in CIT
● The basic functions of any integrations or other customizations included in the SOW
● How to export a dataset from the app
8.2.2.2. Best Practice
Functionality Description
Overview of
Best Practice
OpenGov assesses and identifies how best to configure and map data to ensure success based on materials provided by Customer.
Customer
Inputs
OpenGov will share what is needed to obtain from Customer and why the information drives a successful outcome.
Discuss
Recommended
Process
Versus Current
Process
OpenGov will review department specific documents. Coach the Customer on Best Practice application. OpenGov will make solution recommendations based on our domain expertise.
Solution
Document
OpenGov will present a solution document to be mutually agreed upon prior to beginning configuration.
8.2.2.3. Configuration
Functionality Description
Record Type
Configuration
(OpenGov -
Standard)
OpenGov will configure up to 5 standard record type drafts of Customer’s record types in the CIT system.
Along with Customer input OpenGov will be responsible for building:
● Customer Application Forms
● Customer Workflow
● Output Documents
● Adding in Customer Fees
15 5.A.2
Attachment: City of Arvin, CA - OpenGov Citizen Services Agreement (Procurement of OpenGov Software) OpenGov will hold working sessions* between the OpenGov and Customer for the purpose of validating, reviewing, and iterating upon draft record types configuration.
*Working
Session
All working sessions will focus on:
● Forms
● Workflows
● Fee structures
● Attachment requirements
● Permit/license/letter templates
● User access
● Renewal processes
● Inspection checklists
● Public portal
Record Type
Configuration
Training
Sessions
OpenGov will provide 3, 60-minute configuration training sessions to enable Customer to own configuration of their remaining Record Types. ● Sessions will focus on:
○ Hands-on training for building, configuring, and
maintaining Record Types in CIT.
○ Best practice recommendations on Record Type:
■ Building
■ Configuring
■ Maintenance
At the end of configuration training sessions, Customer will be responsible for maintenance and configuration of all Record Types.
Migrations and Integrations
Functionality Description
Historical Data
Migration
OpenGov will import Customer’s Historical Data into the OpenGov Reporting and Transparency Suite creating one (1) data set for the purposes of reporting on the data.
Data Migration and File Requirements:
● OpenGov will accept:
○ Text Delimited File (i.e. CSV)
○ Excel (.xlxs file)
● OpenGov will not accept:
○ Non-relational database
Data migration does not include:
● Cleaning of any corrupted data
● Creation and linking of applicant accounts
16 5.A.2
Attachment: City of Arvin, CA - OpenGov Citizen Services Agreement (Procurement of OpenGov Software) ● Integration of historical fees and payments into workflow or financial reports.
● Logs of permit changes
● Migration of any data into the workflow (i.e. pending or completed sign-offs, fee steps, document issuance, inspections). ● Permit attachments
● Import of contractor database
● Hierarchical relationships between records
Recurring
Master Address
Table (MAT)
Import
OpenGov will import the Customer’s location information from your Master Address Table (MAT) file (CSV) into CIT.
Customer will provide a clean MAT including all of the community's location information. It must contain the parcel properties latitude/longitude coordinates, and at least 1 unique ID field. The unique ID can never change. OpenGov does not take responsibility for 'dirty' data.
ESRI ArcGIS
Server
Integration
OpenGov will integrate the CIT suite with the Customer’s ArcGIS Server.
Customer is responsible for providing a publicly-accessible secure ESRI REST API URL.
Note: WFS link will not suffice
GIS Flag
Integration
OpenGov will enable GIS Flag Integration:
● Import a list of flags into the CIT suite. Flags can be provided either on the Parcel Layer or other layer on the GIS Server through the ESRI REST API URL.
● Layers must be configured as a polygon--polylines and points are not supported in this integration.
Dependent upon Master Address Table and ESRI ArcGIS Server Integration
Accounting &
Finance Export
For a financial export, Customer will provide OpenGov the required format and a sample document.
OpenGov will export the data based on the required format and put the files onto Customer’s FTP as often as nightly
8.2.2.4. Validation
Functionality Description
17 5.A.2
Attachment: City of Arvin, CA - OpenGov Citizen Services Agreement (Procurement of OpenGov Software) Confirmation Customer confirms OpenGov has created 5 Record Types.
User Acceptance
Testing (admin)
OpenGov will require Customer to validate
● Application is working as intended
○ Internal processes and or workflows
○ Front End processes (Public views)
● The administrator knows how to:
○ Make changes
○ Troubleshoot problems
○ Create or configure new Record Types
8.2.2.5. Deploy
Functionality Description
Internal User
Training
OpenGov will provide2, two-hour training sessions designed for Internal Users such as Inspectors or Intake Review staff.
● Internal Users are trained to:
○ Understand how to use the system to complete the tasks needed perform their roles/responsibilities
○ Understand the functionality and workflow of the
Permitting, Licensing or Code Enforcement process.
○ Build reports in Citizen Services Explorer Module.
Sign Off Customer to complete OpenGov-provided sign off document Customer will provide written approval that Administrator can:
● Build/Configure
● Troubleshoot
● Maintain
Customer will provide written approval that Internal Users:
● Have been trained on:
○ Functionality
○ Tasks needed to perform their roles/responsibilities
9. Acceptance
9.1. Acceptance Process
All Deliverables require acceptance from the Customer Project Manager(s) following the completion of Deliverables and upon Project Closure. Customer is responsible for conducting any additional review or testing of such Deliverable pursuant to any applicable 18 5.A.2
Attachment: City of Arvin, CA - OpenGov Citizen Services Agreement (Procurement of OpenGov Software) mutually agreed upon acceptance criteria agreed upon by the parties for such Deliverable.
Upon completion of these phases, the OpenGov Project Manager shall notify the Customer Project Manager(s) and provide the necessary documents for review and sign off.
The following process will be used for accepting or acknowledging Deliverables and Project Closure:
● OpenGov shall submit the completed Deliverables to Customer to review or test against the applicable acceptance criteria. Customer shall notify OpenGov promptly of its acceptance or rejection in accordance with the agreed upon acceptance criteria.
● Customer must accept all Deliverables that meet the applicable acceptance criteria.
OpenGov Project Manager will provide the Customer Project Manager with the OpenGov Acceptance form to sign off on the Deliverable and project. Once all Deliverables required to meet a particular phase have been accepted or are deemed accepted, the phase shall be deemed complete.
● Upon completion of the phase or project, OpenGov allows Customer 10 business days to communicate that the particular Deliverable(s) does not meet Customer’s requirements. Failure to communicate that the particular Deliverable(s) does not meet Customer’s requirements will be deemed as acceptance and any further work provided to remedy Customer’s complaint might incur additional cost. ● Customer shall provide to OpenGov a written notice detailing the reasons for rejection and the nature of the failure to meet the acceptance criteria. OpenGov shall make best effort to revise the non-conforming Deliverable(s) to meet the acceptance criteria and re-submit it to Customer for further review and testing. ● If the acceptance form is not received in accordance with Section 7 General Project Assumptions, the project phase and/or project will be considered accepted and automatically closed.
9.2. Acceptance Requirements
● All acceptance milestones and associated review periods will be tracked on the project plan.
● The Customer Project Manager will have decision authority to approve/reject all project Deliverables, Phase Acceptance and Project Acceptance. ● Any open issues shall receive a response in accordance with Section 7 General Assumptions of this SOW following the Validation Acceptance review, or as mutually agreed upon between the parties, for resolution prior to advancing on in the project. ● Both OpenGov and Customer recognize that failure to complete tasks and respond to open issues may have a negative impact on the project. ● For any tasks not yet complete, OpenGov and/or Customer will provide sufficient resources to expedite completion of tasks to prevent negatively impacting the project.
19 5.A.2
Attachment: City of Arvin, CA - OpenGov Citizen Services Agreement (Procurement of OpenGov Software)
10. Change Management
This SOW and related efforts are based on the information provided and gathered by OpenGov. Customer acknowledges that changes to the scope may require additional effort or time, resulting in additional cost. Any change to scope must be agreed to in writing or email, by both Customer and OpenGov, and documented as such via a:
● Change Order - Work that is added to or deleted from the original scope of this SOW.
Depending on the magnitude of the change, it may or may not alter the original contract amount or completion date and be paid for by Customer. Changes might include:
○ Timeline for completion
○ Sign off process
○ Cost of change and Invoice timing
○ Signed by OpenGov and Customer Executives approving funds.
Change documentation will be mutually agreed upon as defined in Section 7 General Assumptions of this SOW. Should that not occur, the change will be added to the next Executive Sponsor agenda for closure.
Example of changes that might arise during a deployment:
● Amending the SOW to correct an error.
● Extension of work as the complexity identified exceeds what was expected by Customer or OpenGov.
● Change in type of OpenGov resources to support the SOW. 20 5.A.2
Attachment: City of Arvin, CA - OpenGov Citizen Services Agreement (Procurement of OpenGov Software)
OPENGOV SOFTWARE SERVICES AGREEMENT
Rev. 2018.01_210428NA
OPENGOV SOFTWARE SERVICES AGREEMENT
This Software Services Agreement (this “Agreement”) is entered into by OpenGov, Inc., a Delaware corporation with a principal place of business at 6525 Crown Blvd #41340, San Jose, CA 95160 (“OpenGov”) and the customer listed on the signature block below (“Customer”), as of the date of last signature below (the “Effective Date”). This Agreement sets forth the terms under which Customer will be permitted to use OpenGov’s hosted software services.
1. DEFINITIONS
“Customer Data” means data that is provided by Customer to OpenGov pursuant to this Agreement (for example, by email or through Customer’s software systems of record). Customer Data shall not include any confidential personally identifiable information.
“Documentation” means the documentation for the Software Services at the Customer Resource Center page found at https://opengov.zendesk.com.
“Feedback” means suggestions, comments, improvements, ideas, or other feedback or materials regarding the Software Services provided by Customer to OpenGov, including feedback provided through online developer community forums.
“Initial Term” means the initial license term specified in number of years on the Order Form, commencing on the Effective Date.
“Intellectual Property Rights” means all intellectual property rights including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature.
“Order Form” means OpenGov’s Software Services order form that: (a) specifies the Software Services provided by OpenGov; (b) references this Agreement; and (c) is signed by authorized representatives of both parties.
“Renewal Term” means each additional renewal period, which shall be for a period of equal duration as the Initial Term, for which this Agreement is extended pursuant to Section 7.2.
2. SOFTWARE SERVICES, SUPPORT AND PROFESSIONAL SERVICES
2.1 Software Services. Subject to the terms and conditions of this Agreement, OpenGov will use commercially reasonable efforts to perform the software services identified in the applicable Order Form entered into by OpenGov and Customer (“Software Services”).
2.2 Support & Service Levels. Customer support is available by email to [email protected] or by using the chat messaging functionality of the Software Services, both of which are available during OpenGov’s standard business hours. Customer may report issues any time. However, OpenGov will address issues during business hours. OpenGov will provide support for the Software Services in accordance with the Support and Software Service Levels found at https://opengov.com/service-sla, as long as Customer is entitled to receive support under the applicable Order Form and this Agreement.
2.3 Professional Services.
(a) If OpenGov or its authorized independent contractors provides professional services to Customer, such as implementation services, then these professional services will be described in a statement of work (“SOW”) agreed to by the parties (the “Professional Services”). Unless otherwise specified in the SOW, any pre-paid Professional Services Fees must be utilized within one (1) year from the Effective Date. Any unused pre-paid Professional Services Fees shall be forfeited.
(b) Unless the SOW provides otherwise, all reasonable travel expenses, pre-approved by Customer and incurred by OpenGov in performing the professional services will be reimbursed by Customer. Travel expenses
5.A.3
Attachment: OpenGov_Software Services Agreement_2100519_NA_ezs (Procurement of OpenGov Software)
OPENGOV SOFTWARE SERVICES AGREEMENT
Rev. 2018.01_210428NA
include cost of coach airfare travel round trip from the individual’s location to Customer's location, reasonable hotel accommodations, ground transportation and meals.
3. RESTRICTIONS AND RESPONSIBILITIES
3.1 Restrictions. Customer may not use the Software Services in any manner or for any purpose other than as expressly permitted by the Agreement. Customer shall not, and shall not permit or enable any third party to: (a) use or access any of the Software Services to build a competitive product or service; (b) modify, disassemble, decompile, reverse engineer or otherwise make any derivative use of the Software Services (except to the extent applicable laws specifically prohibit such restriction); (c) sell, license, rent, lease, assign, distribute, display, host, disclose, outsource, copy or otherwise commercially exploit the Software Services; (d) perform or disclose any benchmarking or performance testing of the Software Services; (e) remove any proprietary notices included with the Software Services; (f) use the Software Services in violation of applicable law; or (g) transfer any confidential personally identifiable information to OpenGov or the Software Services platform.
3.2 Responsibilities. Customer shall be responsible for obtaining and maintaining computers and third party software systems of record (such as Customer’s ERP systems) needed to connect to, access or otherwise use the Software Services. Customer also shall be responsible for: (a) ensuring that such equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files, and (c) all uses of Customer user accounts by any party other than OpenGov.
4. INTELLECTUAL PROPERTY RIGHTS; LICENSE GRANTS; ACCESS TO CUSTOMER DATA
4.1 Software Services. OpenGov retains all right, title, and interest in the Software Services and all Intellectual Property Rights in the Software Services. The look and feel of the Software Services, including any custom fonts, graphics and button icons, are the property of OpenGov and Customer may not copy, imitate, or use them, in whole or in part, without OpenGov’s prior written consent. Subject to Customer’s obligations under this Agreement, OpenGov hereby grants to Customer a non-exclusive, royalty-free license during the Term to use the Software Services.
4.2 Customer Data. Customer retains all right, title, and interest in the Customer Data and all Intellectual Property Rights therein. Customer hereby grants to OpenGov a non-exclusive, royalty-free license to, and permit its partners (which include, without limitation the hosting providers of the Software Services) to, use, store, edit and reformat the Customer Data, and to use Customer Data for purposes of sales, marketing, business development, product enhancement, customer service, or for analyzing such data and publicly disclosing such analysis (“Insights”), provided that in all such uses Customer Data is rendered anonymous such that Customer is no longer identifiable.
4.3 Access to Customer Data. Customer may download the Customer Data from the Software Services at any time during the Term, other than during routine software maintenance periods. OpenGov has no obligation to return Customer Data to Customer.
4.4 Feedback. Customer hereby grants to OpenGov a non-exclusive, royalty-free, irrevocable, perpetual, worldwide license to use and incorporate into the Software Services and Documentation Customer’s Feedback.
OpenGov will exclusively own any improvements or modifications to the Software Services and Documentation based on or derived from any of Customer’s Feedback including all Intellectual Property Rights in and to the improvements and modifications.
5. CONFIDENTIALITY
5.1 Each party (the “Receiving Party”) agrees not to disclose any Confidential Information of the other party (the “Disclosing Party”) without the Disclosing Party’s prior written consent, except as provided below. The Receiving Party further agrees: (a) to use and disclose the Confidential Information only in connection with this Agreement; and (b) to protect such Confidential Information using the measures that Receiving Party employs with respect to its own Confidential Information of a similar nature, but in no event with less than reasonable care. Notwithstanding the above, the Receiving Party may disclose Confidential Information to the extent required by law or court order, provided that prior written notice of such required disclosure and an opportunity to oppose or limit disclosure is given to the Disclosing Party.
5.A.3
Attachment: OpenGov_Software Services Agreement_2100519_NA_ezs (Procurement of OpenGov Software)
OPENGOV SOFTWARE SERVICES AGREEMENT
Rev. 2018.01_210428NA
5.2 “Confidential Information" means all confidential business, technical, and financial information of the disclosing party that is marked as “Confidential” or an equivalent designation or that should reasonably be understood to be confidential given the nature of the information and/or the circumstances surrounding the disclosure (including the terms of the applicable Software Agreement). OpenGov’s Confidential Information includes, without limitation, the software underlying the Software Services and all Documentation.
5.3 Notwithstanding the foregoing, “Confidential Information” does not include: (a) “Public Data,” which is data that the Customer has previously released to the public, would be required to release to the public, upon request, according to applicable federal, state, or local public records laws, or Customer requests OpenGov make available to the public in conjunction with the Software Services. Confidential Information does not include (b) information that has become publicly known through no breach by the receiving party; (c) information that was rightfully received by the Receiving Party from a third party without restriction on use or disclosure; or (d) information independently developed by the Receiving Party without access to the Disclosing Party’s Confidential Information.
6. PAYMENT OF FEES
6.1 Fees; Invoicing; Payment; Expenses.
(a) Fees. The fees for the Software Services for the Initial Term and any Renewal Term (“Software Services Fees”) and the fees for Professional Services (“Professional Services Fees”) are set forth in the applicable Order Form. Software Services Fees and Professional Services Fees shall hereafter be referred to as “Fees”. Except to the extent otherwise expressly stated in this Agreement or in an Order Form, (i) all obligations to pay Fees are noncancelable and all payments are non-refundable, (ii) Customer must pay all Fees due under all Order Forms and SOW within thirty (30) days after Customer receives each invoice (invoices are deemed received when OpenGov emails them to Customer’s designated billing contact); (iii) the Software Service Fee shall be due annually in advance, and (iv) Customer must make all payments without setoffs, withholdings or deductions of any kind. (b) Annual Software Maintenance Price Adjustment. OpenGov shall increase the Fees payable for the Software Services during any Renewal Term by 5% each year of the Renewal Term. (c) Invoicing and Payment. OpenGov will invoice the Customer according to the Billing Frequency listed on the Order Form. Customer shall pay all invoices according to the Payment Terms listed on the Order Form. (d) Travel Expenses. Unless the SOW provides otherwise, OpenGov will invoice Customer for travel expenses, pre-approved by the Customer, incurred in connection with each SOW as they are incurred. Customer shall pay all such valid invoices within thirty (30) days of receipt of invoice. Each invoice shall include receipts for the travel expenses listed on the invoice.
(e) Customer Delays; On Hold Fee.
I. On Hold Notice. Excluding delays caused by Force Majeure as described in Section 10.5, if OpenGov determines that Customer’s personnel or contractors are not completing Customer’s responsibilities described in the applicable SOW timely or accurately, OpenGov shall promptly, but in no event more than thirty (30) days from the date of such determination deliver to Customer a notice (an “On Hold Notice”) that (A) designates the Professional Services to be provided to the Customer as “On Hold”, (B) detail Customer’s obligations and responsibilities necessary for OpenGov to continue performing the Professional Services, and (C) specify the Customer shall be invoiced for lost time in production (e.g. delayed or lost revenue resulting from rescheduling work on other projects, delay in receiving milestone payments from Customer, equipment, hosting providers and human resources idle) for a fee equal to 10% of the first year Software Service Fee (the “On Hold Fee”).
II. Effects of On Hold Notice. Upon issuing an On Hold Notice, OpenGov shall be entitled, without penalty, to (A) reallocate resources otherwise reserved for the performance of the Professional Services, and (B) stop or caused to be stopped the Professional Services to be provided to the Customer until the Customer has fulfilled its obligations as set forth in the On Hold Notice. OpenGov shall remove the “On Hold” status, only upon Customer’s fulfillment of its obligations set out in the On Hold Notice, including payment of the On Hold
5.A.3
Attachment: OpenGov_Software Services Agreement_2100519_NA_ezs (Procurement of OpenGov Software)
OPENGOV SOFTWARE SERVICES AGREEMENT
Rev. 2018.01_210428NA
Fee. Upon Customer’s fulfillment of its obligations in the On Hold Notice, OpenGov may, in its sole discretion, extend the timeline to complete certain Professional Services up to six (6) weeks, depending on the availability of qualified team resources (OpenGov cannot guarantee that these team resources will be the same as those who were working on the project prior to it being placed On Hold). OpenGov shall bear no liability or otherwise be responsible for delays in the provision of the Professional Services occasioned by Customer’s failure to complete Customer’s responsibilities or adhere to a Customer schedule which were brought to the attention of the Customer on a timely basis, unless such delays result, directly or indirectly from the failure of OpenGov or its authorized independent contractors to perform the Professional Services in accordance with this Agreement or applicable SOW.
6.2 Consequences of Non-Payment. If Customer fails to make any payments required under any Order Form or SOW, then in addition to any other rights OpenGov may have under this Agreement or applicable law, (a) Customer will owe late interest penalty of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower and (b) If Customer’s account remains delinquent (with respect to payment of a valid invoice) for thirty (30) days after receipt of a delinquency notice from OpenGov, which may be provided via email to Customer’s designated billing contact, OpenGov may temporarily suspend Customer’s access to the Software Service for up to ninety (90) days to pursue good faith negotiations before pursuing termination in accordance with Section 7. Customer will continue to incur and owe all applicable Fees irrespective of any such Service suspension based on such Customer delinquency.
6.3 Taxes. All Fees under this Agreement are exclusive of any applicable sales, value-added, use or other taxes (“Sales Taxes”). Customer is solely responsible for any and all Sales Taxes, not including taxes based solely on OpenGov’s net income. If any Sales Taxes related to the Fees under this Agreement are found at any time to be payable, the amount may be billed by OpenGov to, and shall be paid by, Customer. If Customer fails to pay any Sales Taxes, then Customer will be liable for any related penalties or interest, and will indemnify OpenGov for any liability or expense incurred in connection with such Sales Taxes. In the event Customer or the transactions contemplated by the Agreement are exempt from Sales Taxes, Customer agrees to provide OpenGov, as evidence of such tax exempt status, proper exemption certificates or other documentation acceptable to OpenGov.
7. TERM & TERMINATION
7.1 Term. Subject to compliance with all terms and conditions, the term of this Agreement shall commence on the Effective Date and shall continue until the Subscription End Date specified on the Order Form (the “Initial Term”) unless sooner terminated pursuant to Section 7.3 below.
7.2 Renewal. This Agreement shall automatically renew for another period of the same duration as the Initial Term (the “Renewal Term” and together with the Initial Term, the “Term”), unless either party notifies the other party of its intent not to renew this Agreement in writing no less than thirty (30) days before the end of the Initial Term.
7.3 Termination. Neither party shall have the right to terminate this Agreement without a legally valid cause. If either party materially breaches any term of this Agreement and fails to cure such breach within thirty (30) days after notice by the non-breaching party (ten (10) days in the case of non-payment), the non-breaching party may terminate this Agreement. Additionally, Customer may terminate this Agreement, upon providing at least ninety (90) days notice prior to the annual anniversary date of the Agreement ("Anniversary Date") upon the occurrence of an Event of Nonappropriation as defined below. An "Event of Nonappropriation" occurs when prior to each Anniversary Date: a) Customer uses all efforts that are lawful and within Customer's official power, to secure the appropriate funds for the next year's Fees, including indicating the Software Services serve an essential purpose to Customer; and b) Customer has not acquired, used or issued a proposal for similar products or services during this period or has not hired any third party or allowed its own employees to use other services in place of the Software Services. Customer shall permit OpenGov to assist with the efforts in a) above, including providing OpenGov with direct access to Customer's applicable appropriations team.
7.4 Effect of Termination.
(a) In General. Upon termination pursuant to Section 7.3 or expiration of this Agreement pursuant to Section
7.1: (a) Customer shall pay in full for all Software Services and Professional Services performed up to and including the effective date of termination or expiration, (b) all Software Services provided to Customer hereunder shall
5.A.3
Attachment: OpenGov_Software Services Agreement_2100519_NA_ezs (Procurement of OpenGov Software)
OPENGOV SOFTWARE SERVICES AGREEMENT
Rev. 2018.01_210428NA
immediately terminate; and (c) each party shall return to the other party or, at the other party’s option, destroy all Confidential Information of the other party in its possession. (b) Deletion of Customer Data. Unless otherwise requested pursuant to this Section 7.4(b), upon the expiration or termination of this Agreement the Customer Data, excluding any Insights, shall be deleted pursuant to OpenGov’s standard data deletion and retention practices. Upon written request, Customer may request deletion of Customer Data, excluding any Insights, prior to the date of termination or expiration of this Agreement. Such request must be addressed to “OpenGov Vice President, Customer Success” at OpenGov’s address for notice described at Section 10.
7.5 Survival. The following sections of this Agreement shall survive termination: Section 5 (Confidentiality), Section 6 (Payment of Fees), Section 7.4(b) (Deletion of Customer Data), Section 8.3 (Warranty Disclaimer), Section 9 (Limitation of Liability) and Section 10 (Miscellaneous).
8. REPRESENTATIONS AND WARRANTIES; DISCLAIMER
8.1 By OpenGov.
(a) General Warranty. OpenGov represents and warrants that: (i) it has all right and authority necessary to enter into and perform this Agreement; and (ii) the Professional Services, if any, will be performed in a professional and workmanlike manner in accordance with the related statement of work and generally prevailing industry standards. For any breach of the Professional Services warranty, Customer’s exclusive remedy and OpenGov’s entire liability will be the re-performance of the applicable services. If OpenGov is unable to re-perform all such work as warranted, Customer will be entitled to recover all fees paid to OpenGov for the deficient work. Customer must make any claim under the foregoing warranty to OpenGov in writing within ninety (90) days of performance of such work in order to receive such warranty remedies.
(b) Software Services Warranty. OpenGov further represents and warrants that for a period of ninety (90) days, the Software Services will perform in all material respects in accordance with the Documentation. The foregoing warranty does not apply to any Software Services that have been used in a manner other than as set forth in the Documentation and authorized under this Agreement. OpenGov does not warrant that the Software Services will be uninterrupted or error-free. Any claim submitted under this Section 8.1(b) must be submitted in writing to OpenGov during the Term. OpenGov’s entire liability for any breach of the foregoing warranty is to repair or replace any nonconforming Software Services so that the affected portion of the Software Services operates as warranted or, if OpenGov is unable to do so, terminate the license for such Software Services and refund the prepaid, unused portion of the Fee for such Software Services.
8.2 By Customer. Customer represents and warrants that (i) it has all right and authority necessary to enter into and perform this Agreement; and (ii) OpenGov’s use of the Customer Data pursuant to this Agreement will not infringe, violate or misappropriate the Intellectual Property Rights of any third party.
8.3 Disclaimer. OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED “AS IS” AND OPENGOV DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. LIMITATION OF LIABILITY
9.1 By Type. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES,
CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT
MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND SUCH PARTY’S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
5.A.3
Attachment: OpenGov_Software Services Agreement_2100519_NA_ezs (Procurement of OpenGov Software)
OPENGOV SOFTWARE SERVICES AGREEMENT
Rev. 2018.01_210428NA
9.2 By Amount. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE, CUMULATIVE LIABILITY FOR ANY
CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY
CUSTOMER TO OPENGOV (OR, IN THE CASE OF CUSTOMER, PAYABLE) FOR THE SOFTWARE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY.
9.3 Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and 9.2 above do not apply to, and each party accepts liability to the other for: (a) claims based on either party’s intentional breach of its obligations set forth in Section 5 (Confidentiality), (b) claims arising out of fraud or willful misconduct by either party and (c) either party’s unauthorized use, distribution, or disclosure of the other party’s intellectual property.
9.4 No Limitation of Liability by Law. Because some jurisdictions do not allow liability or damages to be limited to the extent set forth above, some of the above limitations may not apply to Customer.
10. MISCELLANEOUS
10.1 Logo Use. OpenGov shall have the right to use and display Customer’s logos and trade names for marketing and promotional purposes in connection with OpenGov’s website and marketing materials, subject to Customer’s trademark usage guidelines provided to OpenGov.
10.2 Notice. Ordinary day-to-day operational communications may be conducted by email, live chat or telephone communications. However, for notices, including legal notices, required by the Agreement (in Sections where the word “notice” appears) the parties must communicate more formally in a writing given by personal delivery, by prepaid first-class mail or by overnight courier to the address specified in the most recent Order Form (or such other address as may be specified in writing in accordance with this Section).
10.3 Anti-corruption. OpenGov has not offered or provided any bribe, kickback, illegal or improper payment, gift, or thing of value to any Customer personnel in connection with the Agreement, other than reasonable gifts and entertainment provided Customer in the ordinary course of business. If OpenGov become aware of any violation of the above restriction then OpenGov shall promptly notify Customer.
10.4 Injunctive Relief. The parties acknowledge that any breach of the confidentiality provisions or the unauthorized use of a party’s intellectual property may result in serious and irreparable injury to the aggrieved party for which damages may not adequately compensate the aggrieved party. The parties agree, therefore, that, in addition to any other remedy that the aggrieved party may have, it shall be entitled to seek equitable injunctive relief without being required to post a bond or other surety or to prove either actual damages or that damages would be an inadequate remedy.
10.5 Force Majeure. Neither party shall be held responsible or liable for any losses arising out of any delay or failure in performance of any part of this Agreement, other than payment obligations, due to any act of god, act of governmental authority, or due to war, riot, labor difficulty, failure of performance by any third-party service, utilities, or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from performing.
10.6 Severability; Waiver. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement. There are no third-party beneficiaries to this Agreement.
10.7 Assignment. Except as set forth in this Section, neither party shall assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations to a third party without the other party's prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. Either party may assign, without such consent but upon written notice, its rights and obligations under this Agreement to: (i) its corporate affiliate; or (ii) any entity that acquires all or substantially all of its capital stock or its assets related to this Agreement, through purchase, merger, consolidation, or otherwise. Any other attempted assignment shall be void. This Agreement shall inure to the benefit of and bind each party’s permitted assigns and successors.
10.8 Independent Contractors. No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any authority of any kind to bind the other party in any respect.
5.A.3
Attachment: OpenGov_Software Services Agreement_2100519_NA_ezs (Procurement of OpenGov Software)
OPENGOV SOFTWARE SERVICES AGREEMENT
Rev. 2018.01_210428NA
10.9 Attorneys’ Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.
10.10 Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. Exclusive jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement shall be only in the Federal or State court with competent jurisdiction located in San Mateo County, California, and the parties hereby submit to the personal jurisdiction and venue therein.
10.11 Complete Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. [SIGNATURE PAGE TO FOLLOW]
5.A.3
Attachment: OpenGov_Software Services Agreement_2100519_NA_ezs (Procurement of OpenGov Software)
OPENGOV SOFTWARE SERVICES AGREEMENT
Rev. 2018.01_210428NA
Signatures
Customer: ____________________ OPENGOV, INC.
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
[SIGNATURE PAGE TO OPENGOV SOFTWARE SERVICES AGREEMENT]
5.A.3
Attachment: OpenGov_Software Services Agreement_2100519_NA_ezs (Procurement of OpenGov Software) OpenGov Citizen Services:
Greater Efficiency for Everyday Operations
Cloud Technology That Modernizes Interactions Between Constituents and Government (650) 336-7167
[email protected]
opengov.com
One Platform to Optimize Citizen and Staff Experience
OpenGov’s Citizen Services platform is the only solution you’ll need to streamline workflows—from issuing building and health permits to collecting fees for special events, business, and pet licenses. Easy to configure with a drag-and-drop interface, Citizen Services introduces seamless integrations to fully digitize and automate your team’s routine interactions with residents. This is cloud technology that saves time, builds customer satisfaction, and actually delivers on its promise to make life easier for frontline staff and local government leaders of every department.
Why OpenGov?
OpenGov is the leader in modern cloud ERP software for our nation’s cities, counties, and state agencies. On a mission to power more effective and accountable government, OpenGov serves more than 1,000 agencies across the U.S. Built exclusively for the unique budgeting, financial management, and citizen services needs of the public sector, the OpenGov ERP Cloud makes organizations more collaborative, digitizes mission-critical processes, and enables best-in-class communication with stakeholders.
Planning and Zoning Building Permits Virtual Inspections Code Enforcement Pet Licenses Business Licenses Outdoor Dining Short-Term Rental
Registration Cannabis Licensing Special Events
Health Permits Public Works Fire and Safety Police Grant Management
4.6 Star Customer
Support Rating
Up to 80%
Decrease in Walk-Ins
5x Faster
Permit Processing
“I think one of the best
things about using OpenGov
is that we can see all of
the different records all
in one place. So it doesn’t
matter what the department
is, if it’s Health or Code
Enforcement, Building,
Planning, any of them. When
we’re doing research, it’s
much easier than before.”
City of Claremont, NH
“
”
Features Include
Customer Service Portal
Automated, No-Code
Workflows & Approvals
Smart Projects That Build
Applicant Fees & Checklists
Payment Collection
Batched Renewals
Triggered Prompts for Both
Applicants & Government Staff
Document Organization
Dashboards & Reports
5.A.4
Attachment: OpenGov Citizen Services Datasheet (Procurement of OpenGov Software) Building Permits
Standardize the submission, plan review,
inspections, and building process for
contractors and property owners with
conditional permit forms that update
automatically based on building project
requirements.
Business Licenses
Town and City Clerks can process and report
on license applications and payments, as well
as run batch license search and reporting. Set
alerts and send reminders to residents who are
up for renewal.
Health Permits
Ensure proper food safety, waste disposal, and
code enforcement with user-friendly mobile
features. Clearly outline ‘pass’ requirements for
the operation of restaurants, beauty and nail
salons, funeral homes, or any other business
where public health is a concern.
Pet Licenses
Pet licenses keep animals and communities
safe by ensuring proper vaccination. Make it as
easy as possible for residents to apply, pay for,
and receive their pet license online in as little
time as possible.
Special Events
Help event organizers quickly identify which
permits and licenses they need for special
gatherings. Collect critical permit revenue and
provide peace of mind that safety measures
and order are maintained.
Outdoor Dining
Meet the evolving needs of the small business
community by quickly adding new permit
types to the online customer service portal—
including temporary and emergency use
options such as sidewalk cafes.
Grant Management
Administer grant applications, distribute
funds, and monitor spending with OpenGov’s
customizable online forms and workflow
software. Stay accountable to the public and
ensure critical oversight.
Virtual Inspections
Let contractors and constituents request
inspections online. Give inspectors the
freedom to safely conduct home inspections
with mobile capabilities, Zoom integrations,
and a schedule optimizer for daily routes.
Short-Term Rental Registration
Clearly outline requirements and process
registrations quickly so property owners can
welcome visitors. Using additional OpenGov
features, poll residents on favorability of shortterm rentals and share the revenue generated.
Cannabis Licensing
Our customizable form builder makes it easy to
reconfigure online cannabis license application
forms so governments do not have to call
the IT Department to edit applications when
regulations change.
Fire and Safety
Streamline operations for Fire and Safety
departments by organizing the enforcement of
occupancy limits, alarm systems, and open-fire
permits in an online portal.
Police
Make permit processing of weapons
possession, vehicle parking, and other safety
areas easier for Police Departments. Allow
residents to make online requests for police
presence at events.
Planning and Zoning
Residents can submit digital applications
for projects requiring approval from the
City’s community development division
for alterations such as fencing, plumbing,
electrical, solar, and more.
Code Enforcement
Invite community members to confidentiality
report possible code violations online. Officials
can review, inquire, and investigate problems
such as graffiti, overgrown grass, aged
pavement, or unsafe hazards.
Public Works
Enable the Public Works department to
meet customer demand and collect fees for
sewer permits by leveraging a drag-and-drop
interface to create applications for water
connections and extensions.
Request a Demo: (650) 336-7167 | [email protected] | opengov.com
5.A.4
Attachment: OpenGov Citizen Services Datasheet (Procurement of OpenGov Software)
5.A.5
Attachment: Arvin, CA - Partnership Summary (1) (Procurement of OpenGov Software)
5.A.5
Attachment: Arvin, CA - Partnership Summary (1) (Procurement of OpenGov Software)
5.A.5
Attachment: Arvin, CA - Partnership Summary (1) (Procurement of OpenGov Software)
5.A.5
Attachment: Arvin, CA - Partnership Summary (1) (Procurement of OpenGov Software)
5.A.5
Attachment: Arvin, CA - Partnership Summary (1) (Procurement of OpenGov Software)
5.A.5
Attachment: Arvin, CA - Partnership Summary (1) (Procurement of OpenGov Software)
5.A.5
Attachment: Arvin, CA - Partnership Summary (1) (Procurement of OpenGov Software)
5.A.5
Attachment: Arvin, CA - Partnership Summary (1) (Procurement of OpenGov Software)
5.A.5
Attachment: Arvin, CA - Partnership Summary (1) (Procurement of OpenGov Software)
5.A.5
Attachment: Arvin, CA - Partnership Summary (1) (Procurement of OpenGov Software)
5.A.5
Attachment: Arvin, CA - Partnership Summary (1) (Procurement of OpenGov Software)
5.A.5
Attachment: Arvin, CA - Partnership Summary (1) (Procurement of OpenGov Software)
5.A.5
Attachment: Arvin, CA - Partnership Summary (1) (Procurement of OpenGov Software)
CITY OF ARVIN
Staff Report
Meeting Date: April 12, 2022
TO: Arvin City Council
FROM: Edwin Brock, Police Chief
Jeff Jones, City Manager
SUBJECT: A Resolution of the City Council of the City of Arvin Authorizing the City Manager to Negotiate For and Purchase A Police In-Car Video System and Body Worn Cameras from Axon Enterprise, Inc. Based on the Single Vendor Exception.
RECOMMENDATION
It is respectfully recommended that the City Council approve a Resolution authorizing the City Manager to negotiate and execute a purchase order with Axon for a Police in-car video system and Body Worn Cameras.
BACKGROUND/ANALYSIS
Video and audio evidence capturing systems are an essential tool in providing public safety and collecting video evidence to assist with prosecution and to limit the liability the City of Arvin is exposed to. The public has come to expect video evidence and transparency in all aspects of law enforcement. The importance of a reliable, easy to use system to provide this transparency cannot be overstated. In-car video recording and now body worn camera evidence is irreplaceable as it assists with clearing concerns or contestation as it provides video evidence before, during and after citizen contacts. Reliable capturing, archiving and accurate reproduction is crucial as the video is used as evidence which is delivered to the District Attorney’s office or can be released to the public to provide context and/or evidence supporting the actions of our police officers.
In January 2019, the Arvin Police Department embarked on a search for a replacement of the existing in-car video system with which have outdated, irreplaceable and archaic interfaced software systems. The current all in one system is 14-year-old technology which we have been using for the last 12 years. The entire system is “end of life” and no longer manufactured by the vendor, nor is there a complete all in one system in the market offered by any vendor. This required the department to determine the best solution to provide both an in-car computer and a separate but interfaced in-car video recording system. We concluded the priority was replacing the failing computers, so the project was broken into two separate phases, computer replacement and in-car video replacement. In the first phase, the department replaced the current in car computer. This computer (tablet) is currently being rolled out in new vehicles coming into the
5.B.1
Attachment: Staff Report Police In-Car Video System and Body Worn Cameras from Axon_041222 (Purchase of A Police In-Car Video System 2 fleet, as it is not feasible to continue to use the aging system. This requires a temporary “patch” developed by Information Technology to continue using the in-car video system to capture important citizen contacts, provide evidence in criminal cases and to mitigate liability for the City of Arvin.
The second phase of the project began in January 2020. A focus group comprised of key personnel from within the department evaluated via a demonstration process, two (2) of the leading vendors in the in-car video and Body Worn Camera (BWC) market. At that point, two (2) vendors were invited to participate in a test and evaluation period of approximately two months.
Vendors were invited to participate in a competitive process based on the following criteria:
• The ability to combine technologies and store / manage digital evidence • Product reliability and customer service
• Partner Agency use and feedback (Kern County Sheriff’s Department, Bakersfield PD, Kern County District Attorney’s Office, Glendale PD, Santa Monica PD) • Ability to scale to Body Worn Cameras
• Hardware and Software quality
• Ease of use
• Vehicle ergonomics / hardware placement
• Security of evidence
• Wireless (WLAN) / LTE combination for evidence uploading • Evidence discovery – workflow reduction
The police department, the lieutenant and members comprised of a cross section of police department personnel to test and evaluate new police vehicles and the related hardware and software needed to effectively conduct police operations in a complex environment. The lieutenant then makes recommendations to the chief of police to better facilitate the procurement of equipment and vehicles with the end goal of effectively and safely providing exceptional customer service to the citizens of Arvin. For this test and evaluation, the lieutenant facilitated and participated in evaluating the vendors based on the above criteria by doing the following:
• Ensuring testing and evaluation by end users and support personnel (2-month field test) • Committee members conducting extensive testing.
• Rating each vendor by strengths and weaknesses
• Relied upon agency personnel personally meeting with partner police agencies to solicit feedback and evaluate their current systems
Arvin PD Test Findings and Partner Agency Feedback:
WatchGuard –
This company provides in-car video and BWC solutions which are purpose built by them for law enforcement and the military application.
5.B.1
Attachment: Staff Report Police In-Car Video System and Body Worn Cameras from Axon_041222 (Purchase of A Police In-Car Video System 3 Their in-car video system records two views, standard and panoramic from two different cameras attached to one mount. They also utilize a touchscreen viewer, also built by them, to be mounted in the cabin of the police vehicle for playback of videos and categorizing them. WatchGuard offers a radio frequency microphone to be used with the in-car video system. This would be replaced by the BWC if that device was being used.
The overall test identified a number of concerns for viability for our use:
• The playback viewer – mounted in the cabin taking up vital workspace. The feedback was the display screen was too small to view and the volume was not loud enough to be heard accurately
• The radio mic required a constant hold on a button to mute, causing significant concerns of safety by the officers who evaluated
• Radio mic failures during testing
• Officer log in problematic due the system not utilizing active log in to ensure the correct user is identified and indicated on the recordings
Outside Agency Feedback –
Santa Monica Police Department: conducted a yearlong pilot program, which ended with procurement for the entire department. Shortly after full deployment they reported the following and have since tested and procured Axon and will be discontinuing use of WatchGuard. • 10% out of the box hardware failure. 20% total failure • Unable to update software without the assistance of WatchGuard Engineers. • Video loss with no recovery
• Officer log in problematic due the system not utilizing active directory log in to ensure the correct user is identified and indicated on the recordings. • BWC – batteries not lasting a shift and require a tether to a car charger, which is impractical and cumbersome.
The Pasadena Police Department a Los Angeles County agency has been using WatchGuard incar video systems for many years. When the decision was made to procure BWCs they chose Axon. The feedback was they were very happy with Axon and would like to remove their WatchGuard systems in the vehicles and replace with Axon in the near future.
Axon –
This company provides purpose-built hardware for police and military use. In addition to in-car video and BWCs they provide a number of solutions to combine work processes and to engage with the community. Axon Citizen allows for officers to share links to encourage a partnership in the sharing of digital evidence and this is included with this procurement. They also currently provide our TASERs (Electrical Discharge Weapons) and allow for management of these weapons in their software as part of this procurement (currently we use a version included in with the TASERs which requires manual uploads and discovery). With the integration of in-car
5.B.1
Attachment: Staff Report Police In-Car Video System and Body Worn Cameras from Axon_041222 (Purchase of A Police In-Car Video System 4 video and BWCs we will be able to accurately track the TASERs and audit their use as a department or by individual. Axon combines TASER, in-car video and BWC technology with digital evidence (video / still photos) in one software platform. This reduces the number of work hours to provide discovery for criminal cases, civil cases and to comply with public records requests. Lastly, they provide drones and the related software which would be housed with the above-mentioned evidence, so it is all on one platform and easily accessed and shared.
The overall test was positive, and Axon was a clear winner in this competitive process, based on the following:
• Active directory log in to ensure to correct user is labeled and identified with the correct video
• No in- car hardware – the software run efficiently and effectively on software installed on the existing computer.
• More options for mounting the in-car audio mic than other vendors. • Software easiest to use, based on feedback from officers, detectives, and discovery unit personnel.
• The ability to easily share evidence with Kern County District Attorney’s office, Bakersfield PD, KCSO, LASD – all who currently use Axon. • Easiest to use hardware and software.
• Axon allows for the ability to combine evidence storage, stream line discovery, and reduce work processes.
Partner Agency Feedback:
The Kern County District Attorney’s office was consulted while discussing the AXON system.
Due to the evidence discovery burden placed on police departments and the requirement of a good working relationship to bring criminal cases to a satisfactory conclusion. They indicated they have trained Deputy District Attorney’s on how to use Axon’s evidence software and they were happy and comfortable with its use. They have no plans to train DDA’s on any other evidence sharing system and will likely require continued “hard copy” discovery to be provided if another vendor was chosen by the City of Arvin.
The following Kern County agencies are in partnership with Axon:
Our partner agencies (Bakersfield Police, Kern County Sheriffs and the Kern District Attorney’s Office are all utilizing Axon, and this gives us the ability to easily share digital evidence through Axon’s software. We routinely assist each other on critical incidents and pre planned mutual aid events. Currently sharing of needed evidence is provided by hard copies, taking up precious time.
Currently we are one of two law enforcement agencies in the tri city region not utilizing Body Worn Cameras. Bakersfield Police Department and the Kern County Sheriff’s Department just went to the AXON camera systems. The combined technology of in-car video and Body Worn Cameras will prove we are doing the right thing, providing exceptional customer service and being a transparent and progressive city.
5.B.1
Attachment: Staff Report Police In-Car Video System and Body Worn Cameras from Axon_041222 (Purchase of A Police In-Car Video System 5 Combining In-Car-Video and Body Worn Cameras –
Background:
Currently the police department has numerous systems and software which are utilized daily to gather and store evidence for use in criminal and civil cases. The following systems and processes are currently being used daily by sworn and civilian staff:
1. In-Car-Video recording and storage – this includes video and audio in proprietary software (requires radio mic on officer’s person) and manual uploading
2. Digital Audio Recorders (evidentiary audio recording) - this includes proprietary software and requires a DAR device on the officer’s person. ($3,701 per year for software + $399 for each DAR)
3. TASER – inventory and audits completed on stand-alone software and require manual updates
4. Digital Cameras (pictures and video) – procurement and use of digital cameras and independent supporting software ($4,349.25 per year for software + $90 for each camera) Officers are required to wear two devices to capture audio evidence and they must have access to a digital camera for use during their shift. The in-car-video, TASER, DAR and Digital Camera all require manual downloading to a desktop computer and are stored in independent software systems. When evidence is needed for discovery or for review, multiple systems must be accessed, manipulated and the files manually downloaded.
By combining In-Car-Video and BWCs there will be one software platform to house all digital evidence. Officers will only be required to wear one device on their person to capture audio and video and all evidence will automatically upload to a secure server. There will be one place for evidentiary review, auditing and for providing discovery which will be shared by a secure link, in most cases.
FISCAL IMPACT
This purchase is exempt from the City of Arvin’s purchasing policies and requirements (specifically section 3.08.070 (B) (4)) for the following reason:
1. The Police Chief has received a sole source letter from Axios (attachment two) which states “A sole source justification exists because the following goods and services required to satisfy the agency’s needs are only manufactured and available for purchase from Axon Enterprise. Axon is also the sole distributor and retailer of all Taser brand products for the agency identified in this letter.
Contract Price: $348,143.90
Bundle Savings ($41,432.60)
5.B.1
Attachment: Staff Report Police In-Car Video System and Body Worn Cameras from Axon_041222 (Purchase of A Police In-Car Video System 6 Additional Discounts ( $2,750.00)
Total Project Cost (Axis) $303,961.30
Additional Equipment Required:
RCN Technologies – Mobile Computer Equipment $52,516.44 Sun Ridge Systems – RIMS software $ 3,200.00
Total All Costs $359,677.74
Funding Sources: The following police-specific funds may be used to purchase the system: - Total projected revenue of $360,937.51 as listed below; Fund 251 – Asset Forfeiture (use entire balance) - $10,794.73 Fund 234 – AB 109 (use entire balance) - $57,505.56
Fund 236 – Traffic Offender (use entire balance) - $44,419.25 Fund 249 – Vehicle Auto Theft (DUI supported) (balance to date) - $75,000.00 Fund 248 – Federal Police Grant (use entire balance) - $48,217.97 Future Vehicle Auto Theft ($25,000.00 per year x 5 years) - $125,000.00 The City will have the option to pay for this project over five years at the rate of $60,792.26 per year (interest free). The City may or may not elect to include the mobile equipment and installation in the five year payment plan.
Attachments:
1 – Quote from Axon Enterprise, Inc.
2 – Sole Source Letter from Axon Enterprise, Inc.
3 – Fleet Statement of Work Between Axon Enterprise and City of Arvin (Agency) 4 – Presentation of Arvin Police Department on Benefits of Body Worn Cameras 5 – Quote from RCN Technologies – mobile computer equipment 6 – Quote from Sun Ridge Systems for software support
5.B.1
Attachment: Staff Report Police In-Car Video System and Body Worn Cameras from Axon_041222 (Purchase of A Police In-Car Video System Reso Sole Source Axon Enterprises, Inc. – Police In-Car Video System and Body Worn Cameras for Arvin Police Dept.
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
DISPENSING WITH THE PUBLIC BIDDING REQUIREMENT AND
AUTHORIZING THE CITY MANAGER TO NEGOTIATE FOR AND
PURCHASE A POLICE IN-CAR VIDEO SYSTEM AND BODY WORN
CAMERAS FROM AXON ENTERPRISE, INC. BASED ON THE SINGLE
VENDOR EXCEPTION.
WHEREAS, Video and audio evidence capturing systems are an essential tool in providing public safety and collecting video evidence to assist with prosecution and to limit the liability the City of Arvin is exposed to; and
WHEREAS, In January 2019, the Arvin Police Department embarked on a search for a replacement of the existing in-car video system with which have outdated, irreplaceable and archaic interfaced software systems (first phase of the project). The current all-in-one system is 14-year-old technology which the Arvin Police Department has been using for the last 12 years.
The entire system is “end of life” and no longer manufactured by the vendor, nor is there a complete all-in-one system in the market offered by any vendor; and WHEREAS, In January 2020, the Arvin Police Department began the second phase of the project where a focus group comprised of key personnel from within the department evaluated via a demonstration process, two (2) of the leading vendors in the in-car video and Body Worn Camera (BWC) market: WatchGuard and Axon Enterprise, Inc. At that point, these two (2) vendors were invited to participate in a test and evaluation period of approximately two months; and
WHEREAS, the Arvin Police Department discussed and/or partnered with the Kern County Sheriff’s Department, Bakersfield Police Department, Kern County District Attorney’s Office, Glendale Police Department and the Santa Monica Police Department to obtain utilization feedback; and
WHEREAS, Arvin Police Department’s partner agencies such as Bakersfield Police, Kern County Sheriffs and the Kern District Attorney’s Office are all utilizing Axon, and this gives the Arvin Police Department the ability to easily share digital evidence through Axon’s software; and
WHEREAS, after the testing, evaluation and competitive process and upon discussion and consultation with partnering agencies, the Arvin Police Department has determined that Axon Enterprise, Inc. is the only vendor that manufactures and has the goods and services available to satisfy the Arvin Police Department’s needs; and WHEREAS, Government Code section 54201 requires local agencies to adopt procedures for the acquisition of supplies and equipment; and WHEREAS, Chapter 3.08 of the Arvin Municipal Code contains rules and regulations regarding the purchase of equipment and supplies for city departments; and
5.B.2
Attachment: Reso Police In-Car Video System and Body Worn Cameras from Axon_041222 (Purchase of A Police In-Car Video System and Reso Sole Source Axon Enterprises, Inc. – Police In-Car Video System and Body Worn Cameras for Arvin Police Dept.
WHEREAS, Chapter 3.08 generally requires that purchases of supplies and equipment in excess of five-thousand dollars ($5,000.00) shall be subject to a formal public bidding process; and
WHEREAS, Chapter 3.08.070 of the Arvin Municipal Code provides that the public bidding requirement may be dispensed with when the service, material, or group of commodities can be obtained from only one vendor; and
WHEREAS, Axon Enterprise, Inc. has submitted an estimate of its costs for purchasing a Police In-Car Video System and Body Worn Cameras.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arvin as follow:
1. The above recitals are true and correct; and
2. The City Council of Arvin does hereby dispense with any future public bidding under Arvin Municipal Code Chapter 3.08.070, because the appropriate findings have been made that Axon Enterprise, Inc. is the only vendor that manufactures and has the goods and services available to satisfy the Arvin Police Department’s needs; and
3. The City Council hereby authorizes the City Manager to negotiate for the purchase of a Police In-Car Video System and Body Worn Cameras from Axon Enterprise, Inc. //////
//////
//////
//////
//////
//////
//////
//////
//////
//////
//////
//////
//////
5.B.2
Attachment: Reso Police In-Car Video System and Body Worn Cameras from Axon_041222 (Purchase of A Police In-Car Video System and Reso Sole Source Axon Enterprises, Inc. – Police In-Car Video System and Body Worn Cameras for Arvin Police Dept.
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Arvin City Council at a regular meeting thereof held on the 12th day of April 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
CECILIA VELA, City Clerk
CITY OF ARVIN
By:
OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:
By:
NATHAN HODGES, City Attorney
Hodges Law Group
I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
5.B.2
Attachment: Reso Police In-Car Video System and Body Worn Cameras from Axon_041222 (Purchase of A Police In-Car Video System and
5.B.3
Attachment: Axon quote (Purchase of A Police In-Car Video System and Body Worn Cameras for Arvin
5.B.3
Attachment: Axon quote (Purchase of A Police In-Car Video System and Body Worn Cameras for Arvin
5.B.3
Attachment: Axon quote (Purchase of A Police In-Car Video System and Body Worn Cameras for Arvin
5.B.3
Attachment: Axon quote (Purchase of A Police In-Car Video System and Body Worn Cameras for Arvin
5.B.3
Attachment: Axon quote (Purchase of A Police In-Car Video System and Body Worn Cameras for Arvin Axon Enterprise, Inc. CEW and Axon System Sole Source Letter Version 33.0 Page 1 3/11/2022
To: Arvin Police Department
Re: Sole Source Letter for Axon Enterprise, Inc.’s TASER Conducted Energy Weapons, Axon brand products, and Axon Evidence (Evidence.com) Data Management Solutions
A sole source justification exists because the following goods and services required to satisfy the agency’s needs are only manufactured and available for purchase from Axon Enterprise. Axon is also the sole distributor and retailer of all TASER brand products for the agency identified in this letter.
TASER CEW Descriptions
TASER 7 CEW
• Multiple-shot CEW
• High-efficiency flashlight
• Close Quarter and Standoff cartridges
• Green LASER and dual red LASERs that adjust for cartridge angle • Arc switch enables drive-stun with or without a Smart Cartridge installed • Central Information Display (CID): Displays mission critical data such as remaining battery energy, burst time, and cartridge status.
• Weapon logs
• TASER 7 Dock connected to Axon Evidence (Evidence.com) services • Onboard self-diagnostic and system status monitoring and reporting • Real-time clock updated when the battery pack is plugged into the TASER 7 Dock • Ambidextrous safety switch
• Can be configured by the agency to alert Axon camera systems • The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (unless configured by the agency to stop at five seconds). The CEW cycle can be stopped by placing the safety switch in the down (SAFE) position.
• Compatible with TASER 7 Cartridges only
TASER 7 CQ CEW
• Multiple-shot CEW for agencies that deploy CEWs mostly at close quarters (CQ) • High-efficiency flashlight
• Close Quarter cartridges
• Arc switch enables drive-stun with or without a Smart Cartridge installed • Central Information Display (CID): Displays mission critical data such as remaining battery energy, burst time, and cartridge status.
• Weapon logs
• TASER 7 Dock connected to Axon Evidence (Evidence.com) services
5.B.4
Attachment: Sole Source Letter - Arvin PD (Purchase of A Police In-Car Video System and Body Worn Cameras for Arvin Police Dept.) Axon Enterprise, Inc. CEW and Axon System Sole Source Letter Version 33.0 Page 2 • Onboard self-diagnostic and system status monitoring and reporting • Real-time clock updated when the battery pack is plugged into the TASER 7 Dock • Ambidextrous safety switch
• Can be configured by the agency to alert Axon camera systems • The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (unless configured by the agency to stop at five seconds). The CEW cycle can be stopped by placing the safety switch in the down (SAFE) position.
• Compatible with 12-degree TASER 7 Cartridges only
X2 CEW
• Multiple-shot CEW
• High efficiency flashlight
• Static dual LASERs (used for target acquisition)
• ARC switch enables drive-stun with or without a Smart Cartridge installed • Central Information Display (CID): Displays mission-critical data such as remaining battery energy, burst time, operating mode, and user menu to change settings and view data on a yellow-on-black display
• The Trilogy log system records information from a variety of sensors into three data logs: Event log, Pulse log, and Engineering log. Data can be downloaded using a universal serial bus (USB) data interface module connected to a personal computer (PC). Data may be transferred to Evidence.com services. • Real-time clock with back-up battery
• Onboard self-diagnostic and system status monitoring and reporting • Ambidextrous safety switch
• Capable of audio/video recording with optional TASER CAM HD recorder • The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (except when used with an APPM or TASER CAM HD AS). The CEW cycle can be stopped by placing the safety switch in the down (SAFE) position
• Compatible with TASER Smart Cartridges only
X26P CEW
• High efficiency flashlight
• Red LASER (used for target acquisition)
• Central Information Display (CID): Displays data such as calculated remaining energy, burst time, and notifications
• The Trilogy log system records information from a variety of sensors into three data logs: Event log, Pulse log, and Engineering log. Data can be downloaded using a universal serial bus (USB) data interface module connected to a personal computer (PC). Data may be transferred to Evidence.com services. • Real-time clock with back-up battery
• Onboard self-diagnostic and system status monitoring and reporting • Ambidextrous safety switch
• Capable of audio/video recording with optional TASER CAM HD recorder • The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (except when used with
5.B.4
Attachment: Sole Source Letter - Arvin PD (Purchase of A Police In-Car Video System and Body Worn Cameras for Arvin Police Dept.) Axon Enterprise, Inc. CEW and Axon System Sole Source Letter Version 33.0 Page 3 an APPM or TASER CAM HD AS). The CEW cycle can be stopped by placing the safety switch in the down (SAFE) position.
• Compatible with TASER standard series cartridges
Axon Signal Performance Power Magazine (SPPM)
• Battery pack for the X2 and X26P conducted energy weapons • Shifting the safety switch from the down (SAFE) to the up (ARMED) positions sends a signal from the SPPM. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Signal technology only works with Axon cameras.
TASER Brand CEW Model Numbers
1. Conducted Energy Weapons (CEWs):
• TASER 7 Models: 20008, 20009, 20010, and 20011
• TASER 7 CQ Models 20213, 20214
•
• TASER X2 Models: 22002 and 22003
• TASER X26P Models: 11002 and 11003
2. Optional Extended Warranties for CEWs:
• TASER 7 – 4-year extended warranty, item number 20040 • X2 – 4-year extended warranty, item number 22014
• X26P – 2-year extended warranty, item number 11008
• X26P – 4-year extended warranty, item number 11004
3. TASER 7 Cartridges (compatible with the TASER 7; required for this CEW to function in the probe deployment mode)
• Standoff cartridge, 3.5 degrees, Model 20012
• Close Quarter cartridge, 12 degrees, Model 20013
4. TASER standard cartridges (compatible with the X26P; required for this CEW to function in the probe deployment mode):
• 15-foot Model: 34200
• 21-foot Model: 44200
• 21-foot non-conductive Model: 44205
• 25-foot Model: 44203
• 35-foot Model: 44206
5. TASER Smart cartridges (compatible with the X2; required for this CEW to function in the probe deployment mode):
• 15-foot Model: 22150
• 25-foot Model: 22151
• 25-foot inert simulation Model: 22155
• 25-foot non-conductive Model: 22157
• 35-foot Model: 22152
6. TASER CAM HD recorder Model: 26810 (full HD video and audio) and TASER CAM HD with AS (automatic shut-down feature) Model: 26820. The TASER CAM HD is compatible
5.B.4
Attachment: Sole Source Letter - Arvin PD (Purchase of A Police In-Car Video System and Body Worn Cameras for Arvin Police Dept.) Axon Enterprise, Inc. CEW and Axon System Sole Source Letter Version 33.0 Page 4 with both the X26P and X2 CEWs.
• TASER CAM HD replacement battery Model: 26764
• TASER CAM HD Download Kit Model: 26762
• TASER CAM HD optional 4-year extended warranty, item number 26763
7. Power Modules (Battery Packs) for TASER 7 CEWs:
• Tactical battery pack Model 22018
• Compact battery pack Model 22019
8. Battery Packs for X26P and X2 CEWs:
• Performance Power Magazine (PPM) Model: 22010
• Tactical Performance Power Magazine (TPPM) Model: 22012 • Automatic Shut-Down Performance Power Magazine (APPM) Model: 22011 • eXtended Performance Power Magazine (XPPM) Model: 11010 • eXtended Automatic Shut-Down Performance Power Magazine (XAPPM) Model:
11015
• Axon Signal Performance Power Magazine (SPPM) Model: 70116
9. TASER 7 Dock:
• TASER 7 Dock Core and Multi-bay Module: 74200
10. TASER Dataport Download Kits:
• Dataport Download Kit for the X2 and X26P Model: 22013
11. TASER Blast Door Repair Kit Model 44019 and TASER Blast Door Replenishment Kit Model 44023
12. CEW Holsters:
• Right-hand TASER 7 holster by Safariland Model: 20063 • Left-hand TASER 7 holster by Safariland Model: 20068
• Right-hand X2 holster by BLACKHAWK Model: 22501
• Left-hand X2 holster by BLACKHAWK Model: 22504
• Right-hand X26P holster by BLACKHAWK Model: 11501
• Left-hand X26P holster by BLACKHAWK Model: 11504
13. TASER Simulation Suit II Model 44550
14. TASER 7 conductive target Model: 80087
15. Blue X26P Demonstrator/LASER Pointer Model: 11023
Axon Digital Evidence Solution Description
Axon Body 3 Video Camera (DVR)
• Improved video quality with reduced motion blur and better low-light performance • Multi-mic audio—four built-in microphones
• Wireless upload option
• Gunshot detection and alerts
• Streaming audio and video capability
5.B.4
Attachment: Sole Source Letter - Arvin PD (Purchase of A Police In-Car Video System and Body Worn Cameras for Arvin Police Dept.) Axon Enterprise, Inc. CEW and Axon System Sole Source Letter Version 33.0 Page 5 • “Find my camera” feature
• Verbal transcription with Axon Records (coming soon)
• End-to-end encryption
• Twelve-hour battery
• Up to 120-second buffering period to record footage before pressing record button Axon Flex 2 Video Camera
• Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 0.1 lux • Audio tones to alert user of usage
• Low SD, high SD, low HD, and high HD resolution (customizable by the agency) • Up to 120-second buffering period to record footage before pressing record button • Multiple mounting options using magnetic attachment: head, collar, shoulder, helmet, ball cap, car dash, and Oakley sunglass mounts available • 120-degree diagonal field of view camera lens, 102-degree horizontal field of view, and 55-degree vertical field of view
Axon Flex 2 Controller
• 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • Haptic notification available
• Tactical beveled button design for use in pocket
• Compatible with Axon Signal technology
Axon Air System
• Purpose-built solution for law enforcement UAV programs • Supported applications on iOS and Android
• Automated tracking of pilot, aircraft, and flight logs • Unlimited Storage of UAV data in Axon Evidence (Evidence.com) • In application ingestion of data in Axon Evidence (Evidence.com) • Axon Aware integration for live streaming and situational awareness Axon Body 2 Video Camera
• Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 1 lux • Audio tones and haptic (vibration) notification to alert user of usage • Audio mute during event option
• Wi-Fi capability
• High, medium, and low quality recording available (customizable by the agency) • Up to 2-minute buffering period to record footage before pressing record button • Multiple mounting options using holster attachment: shirt, vest, belt, and dash mounts available
• 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • 143-degree lens
• Includes Axon Signal technology
Axon Fleet 2 Camera
5.B.4
Attachment: Sole Source Letter - Arvin PD (Purchase of A Police In-Car Video System and Body Worn Cameras for Arvin Police Dept.) Axon Enterprise, Inc. CEW and Axon System Sole Source Letter Version 33.0 Page 6 • Fully integrated with Axon Evidence services and Axon devices • Automatic time synchronization with other Axon Fleet and Axon on-officer cameras allows for multi-camera playback on Axon Evidence.
• Immediate upload to Axon Evidence of critical event videos via 4G/LTE • Wireless alerts from the TASER CEW Signal Performance Power Magazine (SPPM). • Automatic transition from BUFFERING to EVENT mode in an emergency vehicle equipped with the Axon Signal Unit
• Decentralized system architecture without a central digital video recorder (DVR). • Cameras that function independently and communicate wirelessly with the computer in the vehicle (MDT, MDC, MDU) for reviewing, tagging and uploading video. • Wireless record alert based on Bluetooth communication from Axon Signal Vehicle when a configured input is enabled (e.g. emergency light, siren, weapon rack, etc.). • Receives alerts from Axon Signal Sidearm.
• Plug-And-Play design allowing for cameras to be easily replaced and upgraded. • Ability for an unlimited number of agency vehicles recording in the same vicinity with an Axon Fleet system to be automatically associated with one another when reviewing video in the video management platform. This feature is also supported across body cameras.
Axon Signal Unit (ASU)
• Communications device that can be installed in emergency vehicles. • With emergency vehicle light bar activation, or other activation triggers, the Axon Signal Unit sends a signal. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode.
Axon Signal Performance Power Magazine (SPPM)
• Battery pack for the TASER X2 and X26P conducted electrical weapons • Shifting the safety switch from the down (SAFE) to the up (ARMED) positions sends a signal from the SPPM. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Signal technology only works with Axon cameras.
Axon Signal Sidearm Sensor
• Can be installed on common duty holsters
• Drawing a service handgun from the holster sends a signal from the Axon Signal Sidearm sensor. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode.
Axon Interview Solution
• High-definition cameras and microphones for interview rooms • Covert or overt camera installations
• Touch-screen user interface
• Motion-based activation
• Up to 7-minute pre- and post-event buffering period
• Full hardware and software integration
• Upload to Axon Evidence services
• Interview room files can be managed under the same case umbrella as files from Axon on-officer cameras and Axon Fleet cameras; i.e., Axon video of an arrest and interview room video are managed as part of the same case in Axon Evidence
5.B.4
Attachment: Sole Source Letter - Arvin PD (Purchase of A Police In-Car Video System and Body Worn Cameras for Arvin Police Dept.) Axon Enterprise, Inc. CEW and Axon System Sole Source Letter Version 33.0 Page 7 • Dual integration of on-officer camera and interview room camera with Axon Evidence digital evidence solution
Axon Signal Technology
• Sends a broadcast of status that compatible devices recognize when certain status changes are detected
• Only compatible with TASER and Axon products
Axon Dock
• Automated docking station uploads to Axon Evidence services through Internet connection
• No computer necessary for secure upload to Axon Evidence • Charges and uploads simultaneously
• The Axon Dock is tested and certified by TUV Rheinland to be in compliance with UL 60950-1: 2007 R10.14 and CAN/ CSA-C22.2 N0.60950-l-07+Al:2011+A2:2014 Information Technology Equipment safety standards.
Axon Evidence Data Management System
• Software as a Service (SaaS) delivery model that allows agencies to manage and share digital evidence without local storage infrastructure or software needed • SaaS model reduces security and administration by local IT staff: no local installation required
• Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement
• Securely share digital evidence with other agencies or prosecutors without creating copies or requiring the data to leave your agency’s domain of control • Controlled access to evidence based on pre-defined roles and permissions and predefined individuals • Password authentication includes customizable security parameters: customizable password complexity, IP-based access restrictions, and multi-factor authentication support
• Automated category-based evidence retention policies assists with efficient database management
• Ability to recover deleted evidence within seven days of deletion • Stores and supports all major digital file types: .mpeg, .doc, .pdf, .jpeg, etc. • Requires NO proprietary file formats
• Ability to upload files directly from the computer to Axon Evidence via an Internet browser
• Data Security: Robust Transport Layer Security (TLS) implementation for data in transit and 256-bit AES encryption for data in storage
• Security Testing: Independent security firms perform in-depth security and penetration testing
• Reliability: Fault- and disaster-tolerant infrastructure in at least 4 redundant data centers in both the East and West regions of the United States • Chain-of-Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and IT staff • Protection: With no on-site application, critical evidence stored in Axon Evidence is protected from local malware that may penetrate agency infrastructure • Stability: Axon Enterprise is a publicly traded company with stable finances and
5.B.4
Attachment: Sole Source Letter - Arvin PD (Purchase of A Police In-Car Video System and Body Worn Cameras for Arvin Police Dept.) Axon Enterprise, Inc. CEW and Axon System Sole Source Letter Version 33.0 Page 8 funding, reducing concerns of loss of application support or commercial viability • Application and data protected by a CJIS and ISO 27001 compliant information security program
• Dedicated information security department that protects Axon Evidence and data with security monitoring, centralized event log analysis and correlation, advanced threat and intrusion protection, and incident response capabilities • Redact videos easily within the system, create tags, markers and clips, search 7 fields in addition to 5 category-based fields, create cases for multiple evidence files Axon Evidence for Prosecutors
• All the benefits of the standard Axon Evidence services • Ability to share information during the discovery process • Standard licenses available for free to prosecutors working with agencies already using Axon Evidence services
• Unlimited storage for data collected by Axon cameras and Axon Capture Axon Capture Application
• Free app for iOS and Android mobile devices
• Allows users to capture videos, audio recordings, and photos and upload these files to their Axon Evidence account from the field
• Allows adding metadata to these files, such as: Category, Title, Case ID, and GPS data
Axon Commander Services
• On-premises data management platform
• Chain of custody reports with extensive audit trail
• Automated workflows, access control, storage, and retention • Compatible with multiple file formats
Axon View Application
• Free app for iOS and Android mobile devices
• Allows user to view the camera feed from a paired Axon Body, Axon Body 2, Axon Flex, or Axon Flex 2 camera in real-time
• Allows for playback of videos stored on a paired Axon Body, Axon Body 2, Axon Flex, or Axon Flex 2 system
• Allows adding meta-data to videos, such as: Category, Title, Case ID, and GPS data Axon Records
• Continuously improving automated report writing by leveraging AI and ML on officer recorded video, photo, and audio from BWC, In-Car, Mobile App (Axon Capture), or other digital media
• Collaborative report writing through instantly synced workspaces allowing officers to delegate information gathering on scene
• Instant access to records allowing detectives to begin their investigation and records clerks to update information exchanges on things like missing people or stolen property as soon as possible
• Complete leveraging of Axon Evidence sharing to allow fast, efficient, digital, and secure sharing of records and cases to DAs and Prosecutors • Robust API and SDK allows data to be easily ingested and pushed out to other
5.B.4
Attachment: Sole Source Letter - Arvin PD (Purchase of A Police In-Car Video System and Body Worn Cameras for Arvin Police Dept.) Axon Enterprise, Inc. CEW and Axon System Sole Source Letter Version 33.0 Page 9 systems—preventing data silos
• Deep integration with Axon Evidence putting video at the heart of the record and automating the process of tagging and categorizing digital evidence stored in Axon Evidence
• Automatic association of digital evidence to the record and incident through Axon Evidence integration
• In context search of master indexes (people, vehicles, locations, charges)— promoting efficient report writing through prefilling of existing data which promotes clean and deduped data in the system
• Quick views for users to track calls for service and reports in draft, ready for review, kicked back for further information, or submitted to Records for archiving. • Federal and State IBRS fields are captured and validated—ensuring the officer knows what fields to fill and what information needs to be captured • Intuitive validation ensures officers know what information to submit without being burdened by understanding the mapping of NIBRS to state or local crime codes • Ability to create custom forms and add custom fields to incident reports—allowing your agency to gather the information you find valuable • Software as a Service (SaaS) delivery model that allows agencies to write, manage, and share digital incident reports without local storage infrastructure or software needed
• SaaS model reduces security and administration by local IT staff: no local installation required
• Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement
• Securely share records and cases with other agencies or prosecutors without creating copies or requiring the data to leave your agency’s domain of control • Controlled access based on pre-defined users, groups, and permissions • Password authentication includes customizable security parameters: customizable password complexity, IP-based access restrictions, and multi-factor authentication support
• Security Testing: Independent security firms perform in-depth security and penetration testing
• Reliability: Fault- and disaster-tolerant infrastructure in at least 4 redundant data centers in both the East and West regions of the United States • Chain-of-Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and IT staff Axon Standards
• Internal affairs and professional standards reporting • Customizable information display, including custom forms • Customizable workflows and user groups
• Automated alerts
• Compatible with digital documents, photos, and videos • Connection with Transcription (beta)
• Shared Index with evidence.com and Records
• Data Warehouse allowing custom summary reports and integration into 3rd party analytic tools.
• Workflow analytics to provide SLA on throughputs
5.B.4
Attachment: Sole Source Letter - Arvin PD (Purchase of A Police In-Car Video System and Body Worn Cameras for Arvin Police Dept.) Axon Enterprise, Inc. CEW and Axon System Sole Source Letter Version 33.0 Page 10 • Integration with the TASER 7 CEW for automatically pulling firing logs (alpha) • Available as an option for Axon Records
• Automatically bundled with Officer Safety Plan 7+
Axon Professional Services
• Dedicated implementation team
• Project management and deployment best practices aid
• Training and train-the-trainer sessions
• Integration services with other systems
Axon Support Engineer:
• Dedicated Axon Regional/Resident Support Engineer Services • Quarterly onsite visits
• Solution and Process Guidance custom to your agency
• White-Glove RMA and TAP (if applicable) Service for devices • Monthly Product Usage Analysis
• Resident Support Engineer also includes onsite product maintenance, troubleshooting, and beta testing assistance
Axon Customer Support
• Online and email-based support available 24/7
• Human phone-based support available Monday–Friday 7:00 AM–5:00 PM MST; support is located in Scottsdale, AZ, USA
• Library of webinars available 24/7
• Remote-location troubleshooting
Axon Brand Model Numbers
1. Axon Body 3 Camera Model: 73202
2. Axon Flex 2 Cameras:
• Axon Flex 2 Camera (online) Model: 11528
• Axon Flex 2 Camera (offline) Model: 11529
3. Axon Flex 2 Controller Model: 11532
4. Axon Flex 2 USB Sync Cable Model: 11534
5. Axon Flex 2 Coiled Cable, Straight to Right Angle, 48″ (1.2 m)
6. Axon Flex 2 Camera Mounts:
• Oakley Flak Jacket Kit Model: 11544
• Collar Mount Model: 11545
• Oakley Clip Model: 11554
5.B.4
Attachment: Sole Source Letter - Arvin PD (Purchase of A Police In-Car Video System and Body Worn Cameras for Arvin Police Dept.) Axon Enterprise, Inc. CEW and Axon System Sole Source Letter Version 33.0 Page 11 • Epaulette Mount Model: 11546
• Ballcap Mount Model: 11547
• Ballistic Vest Mount Model: 11555
7. Universal Helmet Mount Model: 11548
8. Axon Air System with Axon Evidence (Evidence.com) 5-Year License Model: 12332
9. Axon Body 2 Camera Model: 74001
10. Axon Flex 2 Controller and Axon Body 2 Camera Mounts:
• Z-Bracket, Men’s, Axon RapidLock Model: 74018
• Z-Bracket, Women’s Axon RapidLock Model: 74019
• Magnet, Flexible, Axon RapidLock Model: 74020
• Magnet, Outerwear, Axon RapidLock Model: 74021
• Small Pocket, 4″ (10.1 cm), Axon RapidLock Model: 74022 • Large Pocket, 6″ (15.2 cm), Axon RapidLock Model: 74023 • MOLLE Mount, Single, Axon RapidLock Model: 11507
• MOLLE Mount, Double, Axon RapidLock Model: 11508
• Belt Clip Mount, Axon RapidLock Model: 11509
11. Axon Fleet Camera
• Axon Fleet 2 Front Camera: 71079
• Axon Fleet 2 Front Camera Mount: 71080
• Axon Fleet 2 Rear Camera: 71081
• Axon Fleet 2 Rear Camera Controller: 71082
• Axon Fleet 2 Rear Camera Controller Mount: 71083
• Axon Fleet Battery System: 74024
• Axon Fleet Bluetooth Dongle: 74027
12. Axon Signal Unit Model: 70112
13. Axon Dock Models:
• Axon Dock – Individual Bay and Core for Axon Flex 2
• Axon Dock – 6-Bay and Core for Axon Flex 2
• Individual Bay for Axon Flex 2 Model: 11538
• Core (compatible with all Individual Bays and 6-Bays) Model: 70027 • Wall Mount Bracket Assembly for Axon Dock: 70033
• Axon Dock – Individual Bay and Core for Axon Body 2 and Axon Fleet Model 74009 • Axon Dock – 6-Bay and Core for Axon Body 2 and Axon Fleet Model 74008 • Individual Bay for Axon Body 2 and Axon Fleet Model: 74011 • Axon Signal Performance Power Magazine (SPPM) Model: 70116
5.B.4
Attachment: Sole Source Letter - Arvin PD (Purchase of A Police In-Car Video System and Body Worn Cameras for Arvin Police Dept.) Axon Enterprise, Inc. CEW and Axon System Sole Source Letter Version 33.0 Page 12 Axon Brand Model Numbers
1. Axon Body 3 Camera Model: 73202
2. Axon Flex 2 Cameras:
• Axon Flex 2 Camera (online) Model: 11528
• Axon Flex 2 Camera (offline) Model: 11529
3. Axon Flex 2 Controller Model: 11532
4. Axon Flex 2 USB Sync Cable Model: 11534
5. Axon Flex 2 Coiled Cable, Straight to Right Angle, 48″ (1.2 m)
6. Axon Flex 2 Camera Mounts:
• Oakley Flak Jacket Kit Model: 11544
• Collar Mount Model: 11545
• Oakley Clip Model: 11554
• Epaulette Mount Model: 11546
• Ballcap Mount Model: 11547
• Ballistic Vest Mount Model: 11555
• Universal Helmet Mount Model: 11548
7. Axon Body 2 Camera Model: 74001
8. Axon Flex 2 Controller and Axon Body 2 Camera Mounts:
• Z-Bracket, Men’s, Axon RapidLock Model: 74018
• Z-Bracket, Women’s Axon RapidLock Model: 74019
• Magnet, Flexible, Axon RapidLock Model: 74020
• Magnet, Outerwear, Axon RapidLock Model: 74021
• Small Pocket, 4″ (10.1 cm), Axon RapidLock Model: 74022 • Large Pocket, 6″ (15.2 cm), Axon RapidLock Model: 74023 • MOLLE Mount, Single, Axon RapidLock Model: 11507
• MOLLE Mount, Double, Axon RapidLock Model: 11508
• Belt Clip Mount, Axon RapidLock Model: 11509
9. Axon Air System with Axon Evidence (Evidence.com) 5-Year License Model: 12332
10. Axon Fleet 2 Camera
• Axon Fleet 2 Front Camera: 71079
• Axon Fleet 2 Front Camera Mount: 71080
• Axon Fleet 2 Rear Camera: 71081
• Axon Fleet 2 Rear Camera Controller: 71082
• Axon Fleet 2 Rear Camera Controller Mount: 71083
• Axon Fleet Battery System: 74024
5.B.4
Attachment: Sole Source Letter - Arvin PD (Purchase of A Police In-Car Video System and Body Worn Cameras for Arvin Police Dept.) Axon Enterprise, Inc. CEW and Axon System Sole Source Letter Version 33.0 Page 13 • Axon Fleet Bluetooth Dongle: 74027
11. Axon Signal Unit Model: 70112
12. Axon Dock Models:
• Axon Dock – Individual Bay and Core for Axon Flex 2
• Axon Dock – 6-Bay and Core for Axon Flex 2
• Individual Bay for Axon Flex 2 Model: 11538
• Core (compatible with all Individual Bays and 6-Bays) Model: 70027 • Wall Mount Bracket Assembly for Axon Dock: 70033
• Axon Dock – Individual Bay and Core for Axon Body 2 and Axon Fleet Model 74009 • Axon Dock – 6-Bay and Core for Axon Body 2 and Axon Fleet Model 74008 • Individual Bay for Axon Body 2 and Axon Fleet Model: 74011 Axon Product Packages
1. Officer Safety Plan: includes an X2 or X26P CEW, Axon camera and Dock upgrade, and Axon Evidence (Evidence.com) license and storage. See your Sales Representative for further details and Model numbers.
2. Officer Safety Plan 7Includes a TASER 7 conducted electrical weapon (CEW), Axon Body 3 camera, Axon Dock, Axon Camera and Dock upgrade, Axon Evidence (Evidence.com) licenses and storage, and Axon Aware, and Axon Records Core.
3. Officer Safety Plan 7 Plus: Includes a TASER 7 conducted energy weapon (CEW), Axon Body 3 camera, Axon Evidence (Evidence.com) licenses and storage, Axon Records Core, Axon Aware +, Axon Auto-Tagging Services, Axon Performance, Axon Citizen for Communities, Axon Redaction Assistant, and Axon Signal Sidearm.
4. TASER 7 Certification: Pays for TASER 7 program in installments over 5 years including access to Evidence.com for CEW program management, annual training cartridges, unlimited duty cartridges and online training content.
5. TASER Certification Add-On: Allows the agency to pay an annual fee to receive an annual allotment of training cartridges, unlimited duty cartridges and online training content.
6. TASER Assurance Plan (TAP): Hardware extended warranty coverage, Spare Products, and Upgrade Models available for the X2 and X26P CEWs, and the TASER CAM HD recorder. (The TAP is available only through Axon Enterprise, Inc.)
7. TASER 60: Pay for X2 and X26P CEWs and Spare Products in installments over 5 years.
8. Unlimited Cartridge Plan: Allows agency to pay an annual fee to receive annual training cartridges, unlimited duty cartridges and unlimited batteries for the X2 and X26P.
9. TASER 60 Unlimited: Pay for X2 and X26P CEWs and Spare Products in installments over 5 years and receive unlimited cartridges and batteries.
5.B.4
Attachment: Sole Source Letter - Arvin PD (Purchase of A Police In-Car Video System and Body Worn Cameras for Arvin Police Dept.) Axon Enterprise, Inc. CEW and Axon System Sole Source Letter Version 33.0 Page 14
SOLE AUTHORIZED DISTRIBUTOR FOR
AXON BRAND CAMERAS AND TASER
BRAND CEW PRODUCTS
SOLE AUTHORIZED REPAIR FACILITY
FOR AXON BRAND CAMERAS AND
TASER BRAND CEW PRODUCTS
Axon Enterprise, Inc.
17800 N. 85th Street, Scottsdale, AZ 85255
Phone: 800-978-2737
Fax: 480-991-0791
Axon Enterprise, Inc.
17800 N. 85th Street, Scottsdale, AZ 85255
Phone: 800-978-2737
Fax: 480-991-0791
Please contact your local Axon sales representative or call us at 1-800-978-2737 with any questions.
Sincerely,
Josh Isner
Chief Revenue Officer
Axon Enterprise, Inc.
Android is a trademark of Google, Inc, BLACKHAWK! is a trademark of the Blackhawk Products Group, Bluetooth is a trademark of the Bluetooth SIG, Flak Jacket is a trademark of Oakley, Inc, iPod touch is a trademark of Apple Inc., IOS is a trademark of Cisco, LTE is a trademark of the European Telecommunications Standards Institute, Safariland is a trademark of Safariland, LLC, Shoei is a trademark of Shoei Co., Ltd., VELCRO is a trademark of Velcro Industries, B.V., and Wi-Fi is a trademark of the Wi-Fi Alliance.
The Delta Logo, the Axon + Delta Logo, Axon, Axon Aware, Axon Citizen, Axon EvidenceAxon Flex, Axon Interview, Axon Records, Fleet, TASER CAM, X2, X26, TASER 7, TASER, and the Lightning Bolt in Circle Logo are trademarks of Axon Enterprise, Inc., some of which are registered in the US and other countries. For more information, visit www.axon.com/legal. All rights reserved. © 2020 Axon Enterprise, Inc.
5.B.4
Attachment: Sole Source Letter - Arvin PD (Purchase of A Police In-Car Video System and Body Worn Cameras for Arvin Police Dept.)
5.B.5
Attachment: Axon SOW (Purchase of A Police In-Car Video System and Body Worn Cameras for Arvin
5.B.5
Attachment: Axon SOW (Purchase of A Police In-Car Video System and Body Worn Cameras for Arvin
5.B.5
Attachment: Axon SOW (Purchase of A Police In-Car Video System and Body Worn Cameras for Arvin
5.B.5
Attachment: Axon SOW (Purchase of A Police In-Car Video System and Body Worn Cameras for Arvin
5.B.5
Attachment: Axon SOW (Purchase of A Police In-Car Video System and Body Worn Cameras for Arvin
5.B.5
Attachment: Axon SOW (Purchase of A Police In-Car Video System and Body Worn Cameras for Arvin
5.B.5
Attachment: Axon SOW (Purchase of A Police In-Car Video System and Body Worn Cameras for Arvin
5.B.5
Attachment: Axon SOW (Purchase of A Police In-Car Video System and Body Worn Cameras for Arvin
5.B.6
Attachment: BWC presentation (Purchase of A Police In-Car Video System and Body Worn Cameras for
5.B.6
Attachment: BWC presentation (Purchase of A Police In-Car Video System and Body Worn Cameras for
5.B.6
Attachment: BWC presentation (Purchase of A Police In-Car Video System and Body Worn Cameras for
5.B.6
Attachment: BWC presentation (Purchase of A Police In-Car Video System and Body Worn Cameras for
5.B.6
Attachment: BWC presentation (Purchase of A Police In-Car Video System and Body Worn Cameras for
5.B.6
Attachment: BWC presentation (Purchase of A Police In-Car Video System and Body Worn Cameras for
5.B.6
Attachment: BWC presentation (Purchase of A Police In-Car Video System and Body Worn Cameras for
5.B.6
Attachment: BWC presentation (Purchase of A Police In-Car Video System and Body Worn Cameras for Staff Report WWTP NOC and Task Auth Change Order #1 for OD and Orbal Work.
CITY OF ARVIN
Staff Report
Meeting Date: April 12, 2022
TO: Arvin City Council
FROM: Adam Ojeda, P.E., City Engineer
Jeff Jones, City Manager
SUBJECT: Approval of A Resolution Approving Change Order No. 1 between the City of Arvin and Veolia North America for Emergency Repairs to an Oxidation Ditch and Orbal at the Wastewater Treatment Facility; Accepting the Improvements; and Approving a Notice of Completion for the Project.
BACKGROUND:
The City of Arvin has a wastewater treatment facility (WWTF) near the intersection of El Camino Real and Rancho Road. The WWTF is managed for the City by Veolia North America (Veolia).
Sewer water enters the facility via an underground pipe, and once there it goes through a treatment train that removes contaminants until the water is suitable enough to be used for certain agricultural processes. Part of the treatment train is movement through an oxidation ditch (OD) and an Orbal aeration basin. The OD was constructed in 1984 and the Orbal was constructed in 2000. In recent years, both equipment have had multiple component failures that have been observed to be becoming greater in terms of frequency and the cost of each subsequent repair. Veolia has recently advised the City that it would be in the best interest of the City to approve a task authorization for various immediate repairs at this time including the shafts, paddles, aeration disks, headworks drainage, and OD drain sump. Such repairs have been performed in recent years on an “as needed basis”, but Veolia has recently become concerned that a significant and potentially catastrophic failure will occur soon if the various necessary repairs are not completed at this time.
City Staff agreed that the best course of action would be to perform all of the necessary repairs at this time rather than continue to perform repairs on an “as needed” basis. It is imperative to the health and safety of all residents of the City of Arvin as well as to the Veolia and City personnel who physically work at the wastewater facility that the facility continues to operate without interruption or failure. A catastrophic failure of either the OD or Orbal would lead to an immediate lack of adequate capacity within the facility that would cause overflows of untreated sewage at the plant and likely overflows throughout the city at manholes and even at private residences and businesses. Such a scenario would be a significant violation of Environmental Protection Agency regulations as well as those imposed on the facility by the California Department of Water Resources which permits the facility to operate as it does.
Since the magnitude of the problem and the true costs of the repairs could only be ascertained after temporary equipment was rented and placed into operation and the existing equipment removed from operation and thoroughly inspected, the City Council initially authorized a task order with Veolia at a regular council meeting on July 27, 2021 for emergency repairs needed for the
5.C.1
Attachment: Staff Report- WWTF Emergency OD and Orbal work CO approval and closeout (Notice of Completion and Change Order No.1 for Staff Report WWTP NOC and Task Auth Change Order #1 for OD and Orbal Work.
Oxidation Ditch and Orbal. The task order authorization was for $440,752.00 to enable Veolia to proceed with evaluating the equipment and repair the failing equipment.
PROJECT BREAKDOWN:
The Aeration Disks for the Orbal and Oxidation Ditch have been breaking frequently over the last years, to avoid high equipment costs due to damage and the depletion of the treatment plant processes, (that could possibly result in state violations) emergency repairs were needed to the (6) shafts and aeration disks/paddles in the Oxidation ditch and the Orbal.
The project began in August 2021 with an anticipated completion of 4-6 months. In order to keep the plant in continuous operation while the work was being performed, Veolia contracted with Aqua Aerobic Systems for the rental of (2) temporary floating aerators to provide aeration to the process while the Oxidation ditch and the Orbal aerators were being inspected and repaired.
As the project progressed and the work crews were able to mobilize and set the crane to remove for inspection the (6) shafts from operation it was only then possible to truly identify the number of items that would need to be replaced in total. High level of deterioration and damage was discovered as each shaft was removed and inspected. Two of the shafts in the Orbal had to be completely replaced and re-machined, and four of the shafts in the Oxidation ditch had to be completely replaced and re-machined before they could be placed in operation, resulting in additional equipment, labor and materials being procured beyond what was originally anticipated and included in the TA. Additionally, eight of the pillow blocks in the Orbal and four of the pillow blocks in the Oxidation ditch were cracked and had to be replaced along with concrete repairs and a new base for the gearbox and new sleeves for the shafts. One of the gearbox assemblies along with the stand also was replaced. Additionally, almost 50% of all the paddles in the Oxidation ditch and Orbal were cracked when we inspected the Orbal and Oxidation ditch aerators, and so the parts had to be procured from the OEM based in the Netherlands and had to be replaced.
All of the additional work was approved in the field through collaboration with the City Engineer and the City Manager. It was imperative that the work progress immediately so that the WWTP could remain operational for the City of Arvin, and it was agreed that a final accounting would occur after the project concluded. Veolia has now performed such an accounting and have provided a change order in the amount of $443,260.00.
Additionally, material delays (paddles and disks) extended the project at least 6 weeks due to industry wide shipping delays. The Orbal and Oxidation ditch repairs were completed on March 3, 2022.
The scope of work also addressed two safety issues within the project area which related to flooding when it rains:
1. Drain Sump at Oxidation Ditch - Chip concrete to create a box like opening. Sack and patch so it is square with a clean finish. The plant provided a sump pump, SCCI will install PVC pipe back into the oxidation ditch. Pipe is to surface mount.
2. South Side of Headworks - Drainage includes installing a precast concrete drain box, 30" depth / 2' square. Location of box to be set as directed by Plant. Sump pump in the box provided by the plant. PVC pipe to be run underground, North to the headworks for discharge. Native backfill of trench, 6" Base, 3" AC patch.
5.C.1
Attachment: Staff Report- WWTF Emergency OD and Orbal work CO approval and closeout (Notice of Completion and Change Order No.1 for Staff Report WWTP NOC and Task Auth Change Order #1 for OD and Orbal Work.
OVERALL SCOPE OF WORK:
● Provide crane and certified operator for removal and installation of shafts and aerators. ● The aerators rented by Veolia--Contractor to install necessary anchor bolts for anchoring the floating aerators at the Orbal
● Perform and coordinate all work necessary for the removal, inspection, and installation of shafts (2 at the Oxidation ditch, 4 at the Orbal)
● Perform and coordinate all work necessary for the removal, inspection, and installation of the existing aerators, paddles and disks.
● Provide safety oversight to the mechanical disassembly to ensure proper removal and inspection of the equipment.
● Replace any broken disks/paddles and install missing disks/paddles as necessary ● Provide assistance with the installation and removal of rented mechanical aerators. ● Removal, replace as necessary and reinstallation of motors, gear boxes and associated equipment
● Perform inspections on all equipment including but not limited to shafts, disks, paddles, pillow block bearings, gearboxes etc.
● Coordinate the machining/repair of shafts, as necessary (up to 6) Veolia purchased the following new equipment with associated parts leveraging discounts under our Corporate Purchasing Program that the Contractor used for the repairs.
ORBAL:
1 Gearbox
90 Disks
100 Disk bolts/ washers/locknuts/ clamping bars
4 Pillow block bearings - drive side
4 Pillow block bearings - outer side
OXIDATION DITCH:
1 Motor- 40HP (refurbish)
1 Motor 40HP (new)
1 Gearbox & Assembly
60 Paddles/ T Bolts/ O Rings
4 Pillow block bearings - outer
4 Scum pumps
At this time, all of the necessary work in the original scope and the necessary additional work has been completed, and this project is in the process of being closed out. Veolia has thoroughly inspected the work performed by the various contractors, and the City Engineer has reviewed the work as well and has determined the work performed to be acceptable. It is appropriate for the City Council to accept the improvements, and to approve a Notice of Completion for the project.
FINANCIAL IMPACT:
No general funds are proposed to be allocated to this effort. As indicated with the original council item, this project is being funded by the discretionary sewer funds that are available for this type of work. This fund has approximately $3,000,000.00 in it at this time.
Original Project Authorization: $440,752.00
Additional funds requested within Veolia Project Change Order #1 $443,260.00 Total Project Authorization: $884,012.00
RECOMMENDATION:
Staff recommends the following:
1) Approval of Veolia Task Authorization Change Order #1. 2) Accepting the improvements.
5.C.1
Attachment: Staff Report- WWTF Emergency OD and Orbal work CO approval and closeout (Notice of Completion and Change Order No.1 for Staff Report WWTP NOC and Task Auth Change Order #1 for OD and Orbal Work.
3) Authorize the City Manager or his designee to file the Notice of Completion with the Department of Industrial Relations.
ATTACHMENTS:
1) Resolution
2) Task Authorization Change Order #1 from Veolia North America 3) Invoicing Backup to Support Task Authorization
4) Notice of Completion
5.C.1
Attachment: Staff Report- WWTF Emergency OD and Orbal work CO approval and closeout (Notice of Completion and Change Order No.1 for
Reso Approving Change Order No. 1 for WWTP OD and Orbal Repair and Approving NOC.
RESOLUTION NO. _______
A RESOLUTION APPROVING CHANGE ORDER NO. 1 BETWEEN THE
CITY OF ARVIN AND VEOLIA NORTH AMERICA FOR EMERGENCY
REPAIRS TO AN OXIDATION DITCH AND ORBAL AT THE
WASTEWATER TREATMENT FACILITY; ACCEPTING THE
IMPROVEMENTS; AND APPROVING A NOTICE OF COMPLETION
FOR THE PROJECT
WHEREAS, Veolia operates the City of Arvin Wastewater Treatment Facility on behalf of the city; and
WHEREAS, certain repairs were immediately necessary to the oxidation ditch and Orbal in order to assure that the facility will continue to operate without interruption; and WHEREAS, the City Council previously approved a Task Authorization at the July 27th of 2021 meeting in the amount of $440,752.00 for the work; and WHEREAS, work had been ongoing since that time; and
WHEREAS, significant additional work items that could only be identified once the authorization was given and work had commenced were identified; and WHEREAS, said additional work items were approved as identified by the City Engineer and City Manager considering the emergency nature of the work and the need to keep the facility continuously operational for the continued support of the health and safety of all residents; and
WHEREAS, said work was substantially completed in early March of 2022; and WHEREAS, Veolia has performed a detailed accounting of the additional work which is $443,260.00; and
WHEREAS, Veolia and the City Engineer have inspected the work completed and have determined it to be acceptable for the city;
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ARVIN AS FOLLOWS:
Section 1: The foregoing recitals are true and correct.
Section 2: The Council approves the allocation of an additional $443,260.00 to be taken from the sewer fund. The total final project cost is $884,012.00.
Section 3: The Council approved change order #1 and directs the City Manager to execute it.
5.C.2
Attachment: Resolution - WWTF Emergency OD and Orbal work CO approval and closeout (Notice of Completion and Change Order No.1 for
Reso Approving Change Order No. 1 for WWTP OD and Orbal Repair and Approving NOC.
Section 4: The Council accepts the work as being complete and acceptable.
Section 5: The Council approved the execution of a Notice of Completion for this project.
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 12th day of April 2022 by the following vote:
AYES: _______________________________________________________ NOES:
ABSTAIN:
ABSENT:
ATTEST
CECILIA VELA, City Clerk
CITY OF ARVIN
By:
OLIVITA TRUJILLO, Mayor
APPROVED AS TO FORM:
By:
NATHAN HODGES, City Attorney
Hodges Law Group
I, ________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
5.C.2
Attachment: Resolution - WWTF Emergency OD and Orbal work CO approval and closeout (Notice of Completion and Change Order No.1 for
5.C.3
Attachment: Task Authorization Change Order 1 - 032422 (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal
5.C.3
Attachment: Task Authorization Change Order 1 - 032422 (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal
5.C.3
Attachment: Task Authorization Change Order 1 - 032422 (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
5.C.4
Attachment: Backup docs combined (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work) Recording Requested By:
For the benefit of the
CITY OF ARVIN
When Recorded Mail to:
City of Arvin
City Clerk
200 Campus Drive
Arvin, CA 93203
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is OWNER or Agent of the OWNER of the interest or estate stated below in the property hereinafter described.
2. The FULL NAME of the OWNER is City of Arvin
3. The FULL ADDRESS of the OWNER is 200 Campus Drive, Arvin, CA 93203
4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In Fee. (if other than fee, Strike "In Fee" and insert, for example, "Purchaser under contract of purchase," or "Lessee.")
5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS IN COMMON are:
Names
N/A
Addresses
N/A
6. The full names and full addresses of the predecessors in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to:
Names
N/A
Addresses
N/A
7. A work of improvement on the property hereinafter described was COMPLETED March 3, 2022
8. The work of improvement completed is described as follows: City of Arvin Wastewater Treatment Facility Oxidation Ditch and Orbal Emergency Repair Project
9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: Veolia North America
10. The street address of said property is: 200 Campus Drive
11. The property on which said work of improvement was completed is in the City of Arvin County of Kern, State of California, and is described as follows:
Electrical, mechanical, and structural repairs to oxidation ditch and orbal.
Date Jeff Jones, City Manager
Verification for INDIVIDUAL owner
I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
Date and Place Signature of Owner named in paragraph 2
Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Manager of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
Date and Place Jeff Jones, City Manager
SUBSCRIBED AND SWORN TO before me on
Cecilia Vela, City Clerk Revised 9/22/2003
5.C.5
Attachment: Notice of Completion (Notice of Completion and Change Order No.1 for WWTP Emergency OD & Orbal Work)
CITY OF ARVIN
Staff Report
Meeting Date: April 12, 2022
TO: Arvin City Council
FROM: Christine Viterelli, Grant Writer
Jeff Jones, City Manager
SUBJECT: A Resolution of the City Council of the City of Arvin Awarding a Contract for a Professional Services Agreement to Precision Engineering for Engineering, Environmental Review, and Planning Services for SB2 and LEAP implementation; and Authorizing Related Actions.
BACKGROUND:
On February 11, 2022, the City of Arvin published an ad in Bakersfield, California, to procure professional services needed to implement Arvin’s SB2 and LEAP grants awarded by the Department of Housing and Community Development.
In response to the public advertisement and solicitation, the City of Arvin received three very competitive bids ranked and scored by City staff. The highest scoring planning bid was determined to be submitted by Precision Engineering.
STAFF RECOMMENDATION:
Staff recommends approval of the bid award.
FINANCIAL IMPACT:
No fiscal impact. The SB2 fully funds the project, and LEAP grants were previously awarded.
ATTACHMENTS:
Precision Engineering Bid and Draft Professional Services Contract.
5.D.1
Attachment: Staff Report SB2 and LEAP PSA Award_041222 (Reso Awarding a Professional Services Agreement to Precision Engineering, Inc.
Reso Awarding A Professional Services Agreement to Precision Civil Engineering, Inc. for Engineering, Environmental Review, and Planning Services for SB2 and LEAP Implementation.
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
AWARDING A PROFESSIONAL SERVICES AGREEMENT TO
PRECISION CIVIL ENGINEERING, INC. FOR ENGINEERING,
ENVIRONMENTAL REVIEW, AND PLANNING SERVICES FOR SB2
AND LEAP IMPLEMENTATION; AND AUTHORIZING RELATED
ACTIONS
WHEREAS, the City of Arvin was awarded two grants for improving planning processes and permitting Accessory Dwelling Units (ADUs) by the California Housing and Community Development Department (HCD) on July 2, 2020 (SB2) and January 25, 2021 (LEAP); and
WHEREAS, The City of Arvin desires to enter into a contract for an engineering, environmental review, and planning services consultant to implement the projects; and WHEREAS, the project was placed on the City of Arvin’s website and advertised for bid on February 11, 2022, in the Bakersfield Californian, and bids were opened publicly at Arvin City Hall on March 17, 2022, with a total of three bids received; and WHEREAS, the City received three bids for engineering, environmental review, and planning project, with the total bid amounts as follows:
Company Total Bid
Realty Planners Group, Inc. $ 190,000
Precision Civil
Engineering, Inc
$ 218,000
Design Path Studios $ 249,940
; and
WHEREAS, the City has determined funding to be sufficient to fund the entirety of the project as bid by the lowest responsible, responsive qualified bidder; and WHEREAS, the General Provisions of the Bid Instructions provide in relevant part:
“The award of the contract, if made by the City, will be to the lowest responsible and qualified bidder. If alternate bids are called for, the contract shall be awarded to the lowest responsible, responsive bidder on the base bid.;” and WHEREAS, the City has reviewed the three bids and determined Precision Civil Engineering, Inc., to be the lowest responsive, responsible, qualified bidder based on all specifications, qualifications, and level of experience reflected in the bid; and WHEREAS, the City has available $ 250,000 (SB2 and LEAP grant funds) for the planning consultant portion of the project, and $ 310,000 is the amount of the two grants combined to include software and other items; and
5.D.2
Attachment: Resolution SB2 and LEAP PSA Award_041222 (Reso Awarding a Professional Services Agreement to Precision Engineering, Inc.
Reso Awarding A Professional Services Agreement to Precision Civil Engineering, Inc. for Engineering, Environmental Review, and Planning Services for SB2 and LEAP Implementation.
WHEREAS, the City desires to enter into an agreement with Precision Civil Engineering, Inc.;
NOW, THEREFORE, BE IT RESOLVED THAT: The City Council of the City of Arvin does hereby resolve as follows:
Section 1: The City Council of the City of Arvin does hereby accept the bids received, award the active planning transportation bid to Precision Civil Engineering, Inc., and authorizes the City Manager to execute an agreement with Precision Engineering in the amount of $ 218,000 for the consultant and planning services subject to the City Attorney’s review and approval as to form of the agreement documents.
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 12 th day of April 2022 by
the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
CECILIA VELA, City Clerk
CITY OF ARVIN
By:
OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:
By:
NATHAN HODGES, City Attorney
Hodges Law Group
I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
5.D.2
Attachment: Resolution SB2 and LEAP PSA Award_041222 (Reso Awarding a Professional Services Agreement to Precision Engineering, Inc.
REQUEST FOR PROPOSALS
E N G I N E E R I N G , E N V I R O N M E N T A L R E V I E W , A N D
P L A N N I N G S E R V I C E S
C I T Y O F A R V I N
CITY OF ARVIN
200 CAMPUS DRIVE
ARVIN, CA 93203
MARCH 17, 2022
(559) 449-4500 | [email protected] | 1234 O Street, Fresno, CA PRECISION CIVIL ENGINEERING INC.
S u b m i t t e d b y E d w a r d D . D u n k e l , J r ; P r e s i d e n t & C E O
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision Engineering, Inc. for
Attachment A
COVER PAGE
Legal Name of Firm (including entity type, e.g. “a California corporation”): ________________ _____________________________________________________________________________ Address: _____________________________________________________________________ Telephone no. ( ) ________________Toll Free Telephone no. ( ) ___________________ Primary representative/manager/partner-in-charge
Name: _______________________________
Title: ________________________________
Telephone no. ( ) ____________________
E-mail: ______________________________
Primary Contact for this RFP if different from above
Name: _______________________________
Title: ________________________________
Telephone no. ( ) ____________________
E-mail: ______________________________
The representations made herein are made under penalty of perjury.
ATTESTED ON THIS THE_______DAY OF ________2022
____ _________
Signature of Authorized Proposer
______________________________
Title of Proposer
RFP — Professional Services — Active Transportation Planning Services Complete Streets and Safe Routes to School Plan — City of Arvin, CA Precision Civil Engineering, INC., a California corporation 1234 O Street, Fresno, CA 93721
559 449-4500
Bonique Emerson
Vice President of Planning Division
559 449-4500
[email protected]
17 March,
VP of Planning/Project Manager
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision PRECISION CIVIL ENGINEERING, INC.
MARCH 17, 2022
2 | CITY OF ARVIN | SB2 and LEAP Impalementation Proposal Table of Contents
1. PROPOSAL COVER PAGE ...................................................................................................................... 1
2. PROPOSAL NARRATIVE......................................................................................................................... 3
2.1 Similar Project Experiences........................................................................................................... 3
2.2 Project Team................................................................................................................................. 3
2.3 Firm License, Affiliations, Number................................................................................................ 4
2.4 Statement of Status...................................................................................................................... 5
2.5 Firm Background and Qualifications............................................................................................. 5
2.6 Project Approach.......................................................................................................................... 6
2.7 Scope of Work .............................................................................................................................. 6
2.8 Insurance .................................................................................................................................... 15
2.9 Similar Projects........................................................................................................................... 15
2.10 Project Budget ........................................................................................................................ 17
3. CONFLICT OF INTEREST...................................................................................................................... 18
4. W-9 ATTACHMENT............................................................................................................................. 19
5. NON-COLLUSION CERTIFICATE (ATTACHMENT C) ............................................................................. 20
6. PROPOSED TIMELINE ......................................................................................................................... 21
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision PRECISION CIVIL ENGINEERING, INC.
MARCH 17, 2022
3 | CITY OF ARVIN | SB2 and LEAP Impalementation Proposal
2. PROPOSAL NARRATIVE
2.1 Similar Project Experiences
PCE has contracted with multiple cities and counties on a ADU projects and CEQA services. This includes the development of ADU Programs for the City of Oakley (Complete), City of Clayton (Ongoing), and Fresno Council of Governments (San Joaquin Valley REAP ADU Program, Ongoing); and Initial Studies or Categorical Exemptions on housing developments for the City of Atwater, City of Salinas, City of Fresno, City of Madera etc. See Section 2.2 for more project examples.
2.2 Project Team
Our Project Team has the experience and skills needed to excel on this project for the City of Arvin. Our Team includes Planning Manager, Bonique Emerson, MAUP, AICP; Senior Associate Planner, Jenna Chilingerian, MCRP, AICP Candidate; Assistant Planner, Shin Tu, MUP, Project Engineer, Bobby Phillips, EIT, and Architect, Thom Black, AIA (subconsultant). The table below identifies past project experiences and assigned responsibilities of each individual. Thom Black worked with PCE on the design and drafting of pre-approved floor plans for the City of Kerman.
Experience
Areas
Bonique
Emerson
Jenna
Chilingerian Shin Tu Bobby Phillips
Thom Black (sub)
a. State Planning Grants & d. ADU Programs with Pre-Approved Designs Past Projects
1. SB2 - City of Oakley, City of Kerman, City of Clayton ADU Programs
2. REAP - San Joaquin Valley ADU Program
SB2 - City of
Kerman
Responsibility
Management,
Invoicing,
Oversight,
Writing
Day-to-day
Coordination/
Management,
Content
Creation
Content
Creation,
Graphics
Drafting
and Design
Drafting and
Design, Advisory
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision PRECISION CIVIL ENGINEERING, INC.
MARCH 17, 2022
4 | CITY OF ARVIN | SB2 and LEAP Impalementation Proposal b. Environmental Analysis (High-Density Residential)
Past Projects
1. City of Atwater, Atwater Affordable Housing Project ISMND
2. City of Atwater, Mixed-Use Project Categorical Exemption
3. Fresno State, Campus Pointe Mixed Use Project, EIR
Addendum
4. City of Salinas, Mixed-Use Plan Amendment/Rezone ISMND (5)
5. City of Fresno, Mixed-Use Text Amendment ISMND
6. City of Fresno, Multi-Family Apartments ISMND
7. City of Fresno, Affordable Senior Housing Categorical Exemption
N/A
Responsibility
Management,
Document
Review, Writing
Technical
Analysis and
Writing
Technical
Analysis and
Writing
N/A N/A
c. Zoning and Development Law, Standards, Updates
Past Projects
1. City of Clayton ADU Ordinance
2. REAP – San Joaquin Valley ADU Ordinance Template
3. Various Zoning Text Amendments (at past agencies)
N/A
Responsibility
Writing,
Guidance,
Management
Technical
Analysis and
Writing
Graphic
Design,
Formatting
N/A N/A
Contact Information
Bonique Emerson | 559-449-4500 | [email protected] | 1234 O Street, Fresno 93721 Jenna Chilingerian | 559-449-4500 | [email protected] | 1234 O Street, Fresno 93721 Shin Tu | 559-449-4500 | [email protected] | 1234 O Street, Fresno 93721 Thom Black (sub) | 559-967-0850 | [email protected] | 3745 W Caldwell Ave, Visalia 93277
2.3 Firm License, Affiliations, Number
Affiliations and certifications are listed in the attached resumes.
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision
E D U C A T I O N
VICE PRESIDENT OF PLANNING | SENIOR PROJECT MANAGER
BONIQUE EMERSON
M.A. Urban Planning, University of
California, Los Angeles
B.A., Political Science; Public Policy
minor, University of California,
Los Angeles
Y E A R S O F E X P E R I E N C E
18 years
C E R T I F I C A T I O N S A N D
A F F I L I A T I O N S
Certified Planner through the
American Institute of Certified
Planners (AICP)
American Planning Association,
California Chapter, Central Section
Association of Environmental
Professionals, California, Central
Chapter
Institute of Transportation Engineers
C O N T A C T
Precision Civil Engineering
1234 "O" Street
Fresno, CA 93721
[email protected]
559-449-4500
Bonique Emerson, MAUP, AICP has over 18 years of experience as a Planner and Project Manager, spending a majority of those years with the City of Fresno Current Planning Division. While at the City of Fresno, Mrs.
Emerson worked her way from a Planner I to the Current Planning Division Manager. Through these roles, she processed hundreds of entitlement applications, implemented the General Plan and Development Code at the project level, and played a key role in coordination among the public agency, developers, and residents. At Precision Civil Engineering, Mrs. Emerson leverages her extensive planning knowledge to manage both public and private sector projects in various communities.
MAUP, AICP
R E L E V A N T E X P E R I E N C E
Project Management. Managed the building and implementation of the City of Fresno's Land Management Software System, a citywide, multi-million dollar project that modernized the way permits and entitlements were processed.
Business Analyst. Regularly analyzed organizational and procedural issues and developed solutions, including but not limited to modifying project workflows through a land
management system, implementing new processing procedures, and delegating work assignments.
Implementation. Responsible for reviewing, interpreting, and analyzing new legislation and maintaining current knowledge of directives, policies, and regulations that affected the operation of the current planning division. Also responsible for implementation of the General Plan and Development Code at the project level.
Process Management. Managed (both directly and indirectly, through subordinate supervisors) all operations of a division which processes approximately 3,000 entitlement applications a year and operates a planning public front counter serving hundreds of customers weekly.
Supervisor and Trainer. Performed various supervisorial duties, including training, employee selection, evaluations, coaching, and discipline by supervising 4-5 staff directly, and managing a division of 20 staff directly and indirectly through subordinate supervisors.
R E C E N T P U B L I C S E C T O R P R O J E C T S
On-Call Environmental Planning, City of Atwater
On-Call Planning Staff Support Services, City of Kerman On-Call Planning Staff Support Services, City of Clovis Pre-Approved Accessory Dwelling Unit Program, City of Oakley
A R E A S O F E X P E R T I S E
Project Management
Processing Entitlement Applications
Environmental Planning Services (CEQA/NEPA)
Policies, Procedures, and Processes
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision Engineering, Inc. for
E D U C A T I O N
SENIOR ASSOCIATE PLANNER
JENNA CHILINGERIAN
Master of Community and Regional
Planning, University of Oregon
B.A., Political Science; Civic
Engagement minor, University of
California, Los Angeles
Y E A R S O F E X P E R I E N C E
8 years
C E R T I F I C A T I O N S A N D
A F F I L I A T I O N S
Certified Planner through the
American Institute of Certified
Planners (AICP Candidate)
American Planning Association,
California Chapter, Central Section
Association of Environmental
Professionals, California, Central
Chapter
C O N T A C T
Precision Civil Engineering
1234 "O" Street
Fresno, CA 93721
[email protected]
559-449-4500
MCRP, AICP CANDIDATE
Jenna Chilingerian, MCRP, AICP Candidate has more than eight years of progressively responsible experience in land use planning and project management in the public, private, and nonprofit sectors including trained experience in processing entitlement applications, writing policy, and procedure, and conducting environmental assessments.
R E C E N T P U B L I C S E C T O R P R O J E C T S
On-Call Environmental Planning, City of Atwater
On-Call Planning Staff Support Services, City of Kerman On-Call Planning Staff Support Services, City of Clovis Pre-Approved Accessory Dwelling Unit Program, City of Oakley
A R E A S O F E X P E R T I S E
Project Management
Programming, Capacity Building, and Technical Assistance Environmental Planning Services (CEQA/NEPA)
Data Collection and Analysis
R E L E V A N T E X P E R I E N C E
Land Development Process and Review. Processed zoning
inquiries, zone clearances, environmental assessments, and conditional use permit applications for the City of Fresno Planning and Development Department, Current Planning Division.
Technical Assistance and Capacity Building. Coordinated planning and sustainable communities programming in rural communities of the San Joaquin Valley in the areas of housing, sustainable planning, parks and recreation, and transportation. Organized regional capacity building events that brought together over 1k stakeholders from across the region and state to bolster advocacy, increase the quality of partnerships, and build traction to find regional opportunities, solutions, and funding for planning.
Communication and Partnership Management. Managed
marketing and communications programs for a property-based business improvement district, including creating and
disseminating content for media platforms, public relations, and creation of materials. Managed special programs such as placemaking, grant writing/reporting, events and promotions, and negotiating and developing partnerships between the downtown merchant community and local resources.
Front Counter Customer Service. Provided customer service to City of Fresno external and internal clientele by monitoring the Current Planning Division front counter, answering and directing questions, responding to requests for more information, and interpreting planning and zoning programs to the general public.
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision Engineering, Inc. for
E D U C A T I O N
ASSISTANT PLANNER
SHIN TU
Master of Urban Planning;
Environmental Hazard Management
Certificate; GIS Graduate Certificate;
Texas A&M University
B.S., Urban Planning, National Cheng
Kung University
Y E A R S O F E X P E R I E N C E
4 years
R E C E N T P L A N N I N G P R O J E C T S
CEQA Document: Initial Study – Fresno, CA
CEQA Document: Addendum to Initial Study/MND – Merced, CA CEQA Document: Addendum to Revised EIR – Fresno, CA
City of Caldwell Comprehensive Plan (TxTC) – Caldwell, TX Emergency Ordinance Drafting – Brazos County, TX
Population and Economic Analysis Report – TX
R E L E V A N T E X P E R I E N C E
Draft CEQA documents and related memorandums
Prepare and submit planning applications
Collected and processed spatial data retrieved from 3+ databases for 8 cities using ArcGIS
Performed the resilience scorecard study to evaluate plan integration of 2 cities
Conducted data cleansing, labeling, and categorizing to analyze the correlation between social media in disasters and social vulnerability using Stata
Co-authored for journal publication and was responsible for the management of 2 hurricane datasets
Developed city reports on the plan quality evaluation for the resilience of 4 coastal cities
Performed traffic flow and land use analysis for 3 city-scale plans to provide a fact base for the planning process
Communicated with stakeholders to ensure their participation in public hearings of a land development plan
Audited in 2 planning commissions and 1 employee education speech
Assistant Planner - Precision Civil Engineering, Fresno CA Graduate Research Assistant – Texas Target Communities, Texas A&M University
Research Assistant – Hazard Reduction and Recovery Center, Texas A&M University
Assistant Project Manager – Visionary International Consultants LTD Intern – Planning Section, Taipei City Urban Regeneration Office Shin Tu brings to Precision Civil Engineering her knowledge of communications, site planning, data analysis, and working with the public. With a Master of Urban Planning degree at Texas A&M University and graduate certificates in Environmental Hazard Management & Geographic Information Science, Ms. Tu has experience working in the public, private, and academic sectors.
C E R T I F I C A T I O N S A N D
A F F I L I A T I O N S
American Planning Association,
California Chapter, Central Section
Association of Environmental
Professionals, California, Central
Chapter
C O N T A C T
Precision Civil Engineering
1234 "O" Street
Fresno, CA 93721
[email protected]
559-449-4500
MUP
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision Engineering, Inc. for
E D U C A T I O N
PROJECT ENGINEER / CAD TECHNICIAN
BOBBY PHILLIPS
B.S., Civil Engineering, California
State University - Fresno
Y E A R S O F E X P E R I E N C E
3 years
C O N T A C T
Precision Civil Engineering
1234 "O" Street
Fresno, CA 93721
[email protected]
559-449-4500
R E C E N T P L A N N I N G P R O J E C T S
Residential/Commercial Mixed-Use Development – Atwater, CA Premanufactured Single Family Residential Development – Fresno, CA Warehouse and Truck Docking Facility – Fresno, CA
Shaw & Dewolf Commercial Conceptual Layout – Fresno, CA Johnny Quick Mini-Mart Site Plan – Fresno, CA
Atwater Sidewalk Reconstruction Plans – Atwater, CA
City of Oakley ADU Plans – Oakley, CA
R E L E V A N T E X P E R I E N C E
Designed conceptual site configurations and preliminary design ideas.
Conducted research for design standards and agency requirements that relate each individual project.
Developed full site plans and construction plans for project submittals.
Worked with land survey teams with construction staking and the process of turning design into reality.
Worked with clients firsthand to find a design that best fit their needs and stayed within agency regulations.
Learned different programs for project development.
Helped project engineers with construction plans.
Reviewed documents and reports prior to submittal.
Full schematic and real site plan design
Produced full grading and storm drain design plans.
Wrote engineering reports and provided calculations for all designs.
Presented with project team the design and project specifics to professor and class.
CAD Technician – Precision Civil Engineering, Fresno CA Intern – Provost & Pritchard, Fresno CA
Senior Design Project – Fresno State University, Fresno CA Bobby Phillips brings to Precision Civil Engineering his experience with conceptual ideas, site plan design, AutoCAD drafting, and construction documents. Mr. Phillips has more than 3 years of experience including trained experience in Civil 3D, receiving a FAA drone pilots license, and site planning and designing for various projects. Mr. Phillips is an active ASCE member, staying connected with the latest design standards and practices in the civil engineering field.
C E R T I F I C A T I O N S A N D
A F F I L I A T I O N S
American Society of Civil Engineers
FAA Unmanned Aircraft Pilots
License
EIT
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision Engineering, Inc. for Feedback circle
I've learned that a thriving practice builds on the feedback circle--that is, the phases of a project: procuring work, producing work, agency approval processes, construction, and post-construction evaluation. Repeat.
Learn.
Teaching
Adjunct faculty at College of the Sequoias: on staff teaching for over 15+ years in the Architecture program in Tulare and the Construction Technology program in Visalia. Topics: design, free-hand drawing, and construction and code topics.
Current Knowledge
Continuing education in building codes, accessibility regulations, energy compliance, collaboration with colleagues, and regular permit processing to maintain an up-to-date working knowledge.
It's not all about me.
The process of design and construction is a dynamic effort, and the success rests on the line of communication and trust between the architect and client.
ARCHITECT
THOM BLACK
Thom Black says:
“I’ve been continually immersed in the architecture and building industry for four decades, cutting my teeth in the initial years working for architects on State-funded school projects and municipal projects. Since striking out on my own, my clients have been primarily private investors and some public entities. The format of my practice has stayed small, thereby making it manageable, I stay accessible to my clients, and always keep a thumb on the pulse of projects. We can find the balance of inventive, expressive, and practical.
G O O D P R A C T I C E
E X P E R I E N C E
...with building departments not only locally, but State-wide and across State lines. Also versed and experienced in paraand quasi-public agencies in the production of a project. Knowledge of processes of city agencies, county agencies involving site plan reviews, conditional use permits, building permits. Working relationships with local contractors and construction labor forces.
Commercial: Private and public agency-use buildings ranging from 1,000 sq ft to 20,000 sq ft Residential:Tract homes, custom homes, multi-family complexes, PUD’s, affordable housing, remodels, additions, justification of existing construction.
California license C24899 (licensed 1994)
3745 W Caldwell Ave
Visalia, CA 93277
Tel: 559 967‐0850
www.thba.studio
BS Finance
CSU Fresno 1991
Adjunct faculty
College of the Sequoias 15+ years
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision Engineering, Inc. for PRECISION CIVIL ENGINEERING, INC.
MARCH 17, 2022
5 | CITY OF ARVIN | SB2 and LEAP Impalementation Proposal
2.4 Statement of Status
There are no disciplinary actions against Precision Civil Engineering.
2.5 Firm Background and Qualifications
Precision Civil Engineering, Inc. (PCE) is an established, full-service firm with 19 years of experience providing comprehensive and sustainable solutions for a wide range of complex projects and issues in the Central Valley of California. Today, our firm employs over 35 full-time staff members with offices in Fresno and Merced. Our divisions include: Planning, Civil Engineering, Landscape Architecture, Project Management and Construction Management, Environmental Services, and Land Surveying. • Firm Representative: Edward Dunkel, Jr., CEO & President | p. (559) 449-4500 f. (559) 449-4515 | e. [email protected]
• Firm Legal Identity: PCE is a California corporation and a state-certified small business located in Fresno, CA that has been in business for 19 years.
• Tax ID: 733054912
• Office Locations: 1234 O Street, Fresno, CA 93721 | 2807 G Street, Merced, CA 95340 Our Team has the proven ability to produce outstanding and innovative work for a variety of projects, in both the public and private sectors. The PCE team members presented in this package possess the integrity, reputation, and ability to perform work to the highest standards of professionalism and quality.
In addition, our team has vast experience working with private, public, and nonprofit sector clients in the California. As a result of this experience, we bring a unique perspective of understanding municipal and state requirements while providing the efficiency, timeliness, and cost effectiveness of the private sector.
PCE offers the technical expertise, including project-level planning, long range planning, and environmental planning services based on our experiences and perspectives.
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision PRECISION CIVIL ENGINEERING, INC.
MARCH 17, 2022
6 | CITY OF ARVIN | SB2 and LEAP Impalementation Proposal
2.6 Project Approach
PCE will coordinate with City staff on all tasks shown in 2.7 Scope of Work. PCE will set up regular meetings and prepare meeting agendas throughout the 1-year contract period to communicate with City staff efficiently and effectively. See Task 1 of the next section for PCE's management approach and task responsibility breakdown with the City.
2.7 Scope of Work
TASK 1. PROJECT MANAGEMENT
TASK 1.1. Project Management Tools. In order to keep the project moving on time and within budget, PCE recommends the following measures and tools.
• Monthly Check-Ins with City Project Manager (12-14 meetings): 30-minute, monthly check-in calls between PCE’s Project Manager and the City’s Project Manager throughout the duration of the project to share progress, ask and answer questions, and discuss updates, as appropriate. • Milestone Meetings with Project Team (11 meetings): 1-hour, monthly milestone meetings with the Project Team to review and discuss deliverables.
• Agendas and Minutes/Action Items: agendas and minutes/action items prepared for each meeting, including pre-meeting and post-meeting emails.
• Work Program: detailed work program will cover objectives and milestones, tasks, a schedule/timeline for the completion of each task, and roles and responsibilities. • Invoicing/Progress Reports: detailed, line-item invoices/progress reports will be provided to the City on a monthly basis. Invoices will be organized by task and person.
Deliverables -
• Agendas and minutes/action items for each meeting (word, PDF, email) • Invoices and Progress Reports – monthly
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision PRECISION CIVIL ENGINEERING, INC.
MARCH 17, 2022
7 | CITY OF ARVIN | SB2 and LEAP Impalementation Proposal TASK 2. KICK-OFF MEETINGS
TASK 2.1. Project Kick-Off Meeting (1). Upon receiving notice to proceed from the City, PCE will coordinate a kick-off meeting with City staff, PCE, and others as applicable (“Project Team”) to identify project milestones, refine the scope of work, confirm timeline, clarify specific roles and responsibilities, and identify project resources. For the kick-off meeting, PCE will prepare a detailed work program. PCE will finalize the work program based on the discussions at the kick-off meeting.
Deliverables -
• Draft and Final Work Program
Timeline -
• Kick-off meeting to be held within 1-2 weeks from notice to proceed • Final Work Program to be provided within one (1) week from kick-off meeting TASK 2.2. SB 2 Meeting (1). PCE recommends holding a meeting with the Project Team to determine the amendment of Title 17 Zoning sections. Before the meeting, PCE will review the zoning ordinance focusing on high-density residential development sections, review state law to determine requirements, and prepare preliminary recommendations. The meeting will cover the following at a minimum:
• The goal of text amendments, preliminary recommendations for changes or areas of focus, examples from other cities, etc.
• Information on the High-Density Residential sites
Following the Meeting, PCE will document all considerations and decisions in a Summary Memo.
TASK 2.3. ADU Program Parameters Meeting (1). PCE recommends holding a meeting with the Project Team early in the process that is dedicated to defining the Program Parameters. To guide the conversation, PCE will develop a group activity worksheet to utilize in real time that covers the following at a minimum:
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision PRECISION CIVIL ENGINEERING, INC.
MARCH 17, 2022
8 | CITY OF ARVIN | SB2 and LEAP Impalementation Proposal • Layout and architectural design (i.e., sizes, living configurations, styles) • Environmental design, sustainability, and accessibility (i.e., cost-efficient construction materials, appliances and fixtures, accessibility)
Following the ADU Program Parameters Meeting, PCE will document all considerations and decisions in a Summary Memo. The Summary Memo can be utilized by the Project Team to review deliverables throughout the duration of the project.
Deliverables –
• One (1) Summary Memo (word, PDF)
TASK 3. ZONING ORDINANCE UPDATES
TASK 3.1. Zoning Ordinance Update. PCE will draft
amendments to the existing Title 17 zoning
ordinance to amend sections related to high density
residential development and ADUs. The amendments will be made according to input from the City during Task 2.2. SB 2 Meeting and revisions throughout the project timeline. PCE will develop illustrative designs for architectural and site development examples. Each draft will be redlined to keep track of changes to the original code. Upon completion of the ordinance update, PCE will develop an internal policy and procedure for staff.
TASK 3.2. Zoning Ordinance Update Review Meetings (2). PCE proposes up to two (2) meetings to review the Zoning Ordinance Update, covering the following:
• Preliminary review of first draft. PCE will send the Word document for the city to review two (2) weeks before the Review Meeting.
• Second review of the Ordinance. The draft will be roughly 90% complete. PCE will send the Word document for the city to review two (2) weeks before the Review Meeting.
Example. Incorporating Easy to Follow Visuals in Code
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision PRECISION CIVIL ENGINEERING, INC.
MARCH 17, 2022
9 | CITY OF ARVIN | SB2 and LEAP Impalementation Proposal TASK 3.3. Public Hearings Attendance (as needed). PCE’s Project Manager will attend Planning Commission and City Council hearings for the code amendment as needed.
Deliverables -
• Multiple drafts of Zoning Ordinance Updates (Word)
TASK 4. ENVIRONMENTAL ANALYSIS
TASK 4.1. Background Research. PCE will review relevant background information on the three (3) potential sites for high density residential development. Utilizing the updated City’s Zoning Code, PCE will verify assumptions with the City including but not limited to unit size, floor height, etc.
TASK 4.2. Prepare Site Layouts. Utilizing the applicable development and parking regulations, PCE will prepare site plans for each of the three (3) properties to determine the maximum units that could be constructed on the site. At a minimum, the site plans will show the proposed site and building layouts, internal parking, circulation, and landscaping. For each site plan, PCE will include site information (e.g., zoning, APN, size, building footprint, open space, parking, units, density, etc.), legends, and notes of assumptions and findings. These draft site plans will be utilized as assumptions for the Project Description of the initial study.
TASK 4.3. Site Analysis. Based on the final site plans, PCE will calculate the projected units and preliminary engineering estimates (parameters to be set by City). PCE will consult with City departments on utility availability and standard on-site and off-site improvements.
TASK 4.4 Preliminary Environmental Review. PCE will conduct a preliminary environmental review for each site. PCE will begin by preparing a high-level project description for each site that considers existing conditions and proposed development. Then, PCE will analyze major areas of impact from a CEQA perspective (i.e., Appendix G of the CEQA Guidelines) for each site. The recommendations will identify any
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision PRECISION CIVIL ENGINEERING, INC.
MARCH 17, 2022
10 | CITY OF ARVIN | SB2 and LEAP Impalementation Proposal additional technical or environmental studies necessary to support the Initial Study and Negative Declaration or Mitigated Negative Declaration.
TASK 4.5. Administrative Draft Initial Study ND/MND. PCE will prepare an Administrative Draft Initial Study (IS) and Negative Declaration/Mitigated Negative Declaration (ND/MND) in conformance with CEQA and any relevant case law. PCE will utilize any established templates, specifications, background information, or setting language provided by the City. The Administrative Draft IS/ND or MND will include the following at minimum:
• Introduction - Regulatory Information and Document Format. • Project Description - Project Title, Lead Agency, Contacts, Location and Coordinates, Land Use and Zoning, Project Description, Setting, Required Approval from Other Agencies, Tribal Consultation. • Environmental Determination - MND or ND.
• Impact Analysis (per Appendix G: Aesthetics, Agriculture, etc.). • Mitigation Monitoring and Reporting Program (if applicable) - Mitigation Measure(s), Responsible Party for Implementation, Responsible Party for Monitoring, Timeframe for Implementation, Confirmation of Implementation.
• Technical Appendices – technical studies and analyses including CalEEMod Output Files, CHRIS Record Search, VMT analysis, etc.
• Cover Page, Table of Contents, List of Tables and Figures.
As part of drafting the IS/ND/MND, PCE will do the following:
• Utilize the project parameters and site plan developed in Task 4.2 to 4.4 • Establish thresholds of significance and analyze the project in relation to these thresholds for all impact sections identified in the 2021 CEQA Guidelines, Appendix G.
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision PRECISION CIVIL ENGINEERING, INC.
MARCH 17, 2022
11 | CITY OF ARVIN | SB2 and LEAP Impalementation Proposal • Analyze and determine the significance of project impacts for each area of potential impact.
Impacts that are found to be less than significant will be described, and impacts found to be potentially significant (if any) will be described and mitigation measures that will bring impacts below the significance thresholds, will be identified.
• Identify and evaluate further permitting needs, which will be listed in the Project Description.
TASK 4.6. Public Review Draft of IS/ND or MND. PCE will revise the Administrative Draft to incorporate City comments and revisions as appropriate. PCE will submit an electronic version of the Public Draft as a Word document. PCE will go through a round of edits, with the understanding that multiple edits may be required depending on the Client’s and City’s review of the Public Draft.
TASK 4.7. Notice of Determination. PCE will prepare a Notice of Determination (NOD) to be filed with the County Clerk and State Clearinghouse within five days of approval.
TASK 4 Deliverables –
• Three (3) draft and final Site Plans
• Administrative Draft IS/ND or MND (Word)
• Public Review Draft IS/ND or MND (Word, PDF)
• Response to Comments and Final Documents
• Notice of Determination
• Mitigation, Monitoring, and Reporting Program
TASK 5. ADU ORDINANCE
TASK 5.1. Draft ADU Ordinance. PCE will draft an ADU Ordinance that meets the updated requirements of State Law. The Ordinance will include development standards and processing procedures. PCE will model the ordinance to obtain a B+ or higher score on the ADU Scorecard.
Deliverables -
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision PRECISION CIVIL ENGINEERING, INC.
MARCH 17, 2022
12 | CITY OF ARVIN | SB2 and LEAP Impalementation Proposal • 60%, 90%, and 100% ADU Ordinance drafts (Word)
• Results of the ADU Scorecard method
TASK 5.2. Amend Title 17 on ADU. PCE will amend Title 17 on ADU and create conceptual illustrations for development, e.g., sample plot plan, development standard graphics, etc.
TASK 5.2. ADU Ordinance Review Meetings (2). PCE proposes up to two (2) meetings to review the ADU Ordinance, covering the following:
• Preliminary review of annotated version of the ADU Ordinance. This version will meet the minimum standards as outlined in state laws. PCE will send the Word document for the city to review two (2) weeks before the Review Meeting. During the meeting, PCE will discuss with the city on alternations to suit city conditions as well as discuss amendment and possible illustrations for Title 17.
• Group review of the Ordinance. The draft will be roughly 90% complete. PCE will send the Word document for the city to review two (2) weeks before the Review Meeting.
TASK 6. ADU PROGRAM
TASK 6.1. Permit Ready ADUs. PCE will work with the Project Architect to produce three (3) pre-approved plan sets for the selected ADU layouts. Please note: the Project Architect will produce 35% and 70% completed designs for the floor plans and exterior elevations to be reviewed by the City before producing the final plan sets for plan review by the City’s Inspection Services Division. • Plans for three (3) square footage choices. The Project Architect will produce a standard design of each of the three (3) plans, for a total of three (3) floor plans. PCE will be able to produce more floor plans by request and at additional cost.
• Exterior Elevation choices for each plan. For each plan, the Project Architect will produce exterior elevation themes of three (3) different styles (e.g., Craftsman/Bungalow, Spanish/Mediterranean, Mid
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision PRECISION CIVIL ENGINEERING, INC.
MARCH 17, 2022
13 | CITY OF ARVIN | SB2 and LEAP Impalementation Proposal Century/Modern/Contemporary), for a total of nine (9) elevations. Elevations will show all sides of the building, indicating exterior finish materials, roof materials, walls, doors, windows, ornament, etc. • Pre-approved Plan Sets. The Project Architect will produce all required sheets, drawings, diagrams, and details containing conventional graphic and text to fix and describe the extent and quality of construction for each plan, for a total of three (3) master plan sets. This includes all building elements for a complete permittable set of plans including the floor plan, exterior elevations (three (3) themes), roof plan, foundation plan, shear wall/braced wall plan, cross sections, construction details, electrical diagram, plumbing diagram, energy conservation parameters, structural engineering as applicable, roof truss plan, and roof framing, as appropriate. Downloadable master plan sets of the building plans for each building size (three (3) total) will be produced.
Excluded from these plan sets are energy compliance analysis and report, solar PV design and diagrams (to be generated on a project-by-project basis to address specific compass orientation), plan base-orreverse orientation, fire suppression (fire sprinklers) design and diagrams, site utility services and interface to ADU, and permit fees. Costs for these exclusions would be borne by the applicant.
The designs and plan sets will be prepared in accordance with the following:
• Designs will meet the requirements of the City’s ADU ordinance. • Building plans will include a deferred submittal condition for fire sprinklers as appropriate to the sprinkler regulations.
• Plans will include different types (detached, attached, etc., as decided by the City). • Project Architect will provide input on cost-effective construction materials and measures to reduce carbon emissions, water use, and energy use.
• All plans will be submitted to the City’s Inspection Services Division for plan review for compliance with the California Residential Code and companion codes and regulations.
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision PRECISION CIVIL ENGINEERING, INC.
MARCH 17, 2022
14 | CITY OF ARVIN | SB2 and LEAP Impalementation Proposal • The City is responsible for the plan review fee.
Deliverables -
• 35%, 70%, and 100% completed designs (PDF, CAD)
TASK 6.2. ADU Program Supplements.
1. Internal Policy and Procedures. PCE will create standard forms and checklists that will minimize discretion on staff’s part and allow for easy approval with minimal processing time.
2. Processing Guide for Homeowners. PCE will create a ADU program reproduceable handout and a processing guide to assist potential applicants to be published on the City website. The handout will summarize the program basics, while the guide will be more detailed. Content of the handout and visual guide will be determined through discussions with the City. Example contents include:
• Introduction: about ADUs, permitting costs, timelines, considerations, etc. This will translate the ADU ordinance and state law into a user-friendly, easy-to-follow format to assist applicants. • Requirements: translation of code/ordinance and state law into a user-friendly, easy-to-follow format to assist applicants.
• Options for Designing ADUs: identify options for designing ADUs including a design expert/architect, modular or prefabricated, or participating in the pre-approved program. • Application Submittal Process and Requirements: overview of the permitting process, submittal requirements, contacts (service providers, City staff, consultants), tools and resources (plot plan template, locating easements and special requirements, calculating lot coverage, etc.). • Pre-Approved Program: introduction and overview of the pre-approved program, benefits of participating, FAQs, etc.
TASK 6.3. ADU Program Materials Review Meetings (2). PCE proposes up to two (2) meetings to review the ADU Program materials including the handout, processing guide, and forms, covering the following:
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision PRECISION CIVIL ENGINEERING, INC.
MARCH 17, 2022
15 | CITY OF ARVIN | SB2 and LEAP Impalementation Proposal • Preliminary group review of annotated outlines of the handout, guide, and forms. The annotated outlines will cover the proposed content for each deliverable in addition to graphic design options (e.g., color, font).
• Group review of draft handout, guide, and forms. The drafts will be roughly 90% complete.
Task 6.4. Final Deliverables Review Meeting (1). PCE proposes one (1) final meeting to walk through the 100% completed deliverables and next steps for the ADU program roll out.
2.8 Insurance
Precision Civil Engineering is properly insured against fraud, errors, and omissions.
2.9 Similar Projects
1. City of Oakley ADU Program (Ongoing)
Project Location: City of Oakley
Description: PCE prepared plan sets, guidebook, and application forms for the establishment of an ADU Program for the City of Oakley. The efforts were funded by SB 2 and included (1) Pre-Approved ADU Plans - 4 floor plans, 3 elevations, and building plan sets, (2) Visual Guide and Brochure for program participants, (3) Internal Processing Checklist for staff, and (4) ADU Application and Application Checklist.
Reference: Kenneth W. Strelo, Principal Planner, City of Oakley | (925) 625-7036 | [email protected] Proposal cost vs. cost estimate: $50,000 proposed | $50,000 spent
2. General Plan Amendment, Rezone, and Environmental Documents for 5 Sites (Ongoing) Project Location: City of Salinas
Description: This Project is funded by SB 2 to increase housing. PCE is preparing site plans for five (5) Opportunity Sites that are being rezoned as mixed use. PCE will prepare a feasibility analysis with the assumption that the sites will be developed with the maximum residential units allowed. PCE will be drafting Initial Studies/ND or MND for the five (5) sites.
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision PRECISION CIVIL ENGINEERING, INC.
MARCH 17, 2022
16 | CITY OF ARVIN | SB2 and LEAP Impalementation Proposal Reference: Oscar Resendiz, Associate Planner | (831) 775-4259 | [email protected] Proposal cost vs. cost estimate: $139,000 (ongoing)
3. Various City Text Amendments (as a staff Planner)
Project Location: City of Fresno
Description: As a staff planner and Planning Manager at the City of Fresno, Bonique Emerson worked on various City text amendments including amendments related to housing, recycling, cell towers, etc.
Currently, Mrs. Emerson is involved in and has written (as a consultant), several zoning text amendments currently in process at both the City of Madera and City of Fresno Reference: Mike Sanchez, former Assistant Director of Planning, City of Fresno | (559) 363-5723| [email protected]
Proposal cost vs. cost estimate: N/A
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision PRECISION CIVIL ENGINEERING, INC.
MARCH 17, 2022
17 | CITY OF ARVIN | SB2 and LEAP Impalementation Proposal
2.10 Project Budget
Task 1. Project Management
Bonique Emerson, Project Manager 12 Bonique Emerson, Project Manager 20 Jenna Chilingerian, Project Coordinator 24 Jenna Chilingerian, Project Coordinator 120 Shin Tu, Project Assistant 12 Shin Tu, Project Assistant 140 Thom Black, Project Architect 12 Thom Black, Project Architect 0 Total Hours 60 Bobby Phillips 80
Sub-Total ($) Not to Exceed $16,000 Total Hours 360
Sub-Total ($) Not to Exceed $45,000
Task 2. Kick-Off Meetings Task 5. ADU Ordinance Update
Bonique Emerson, Project Manager 6 Bonique Emerson, Project Manager 20 Jenna Chilingerian, Project Coordinator 12 Jenna Chilingerian, Project Coordinator 40 Shin Tu, Project Assistant 6 Shin Tu, Project Assistant 20 Thom Black, Project Architect 6 Thom Black, Project Architect 0 Total Hours 30 Total Hours 80
Sub-Total ($) Not to Exceed $4,000 Sub-Total ($) Not to Exceed $10,000 Task 6. ADU Program
Task 3. Zoning Ordinance Update Bonique Emerson, Project Manager 30 Bonique Emerson, Project Manager 40 Jenna Chilingerian, Project Coordinator 90 Jenna Chilingerian, Project Coordinator 60 Shin Tu, Project Assistant 100 Shin Tu, Project Assistant 20 Thom Black, Project Architect 245 Thom Black, Project Architect 0 Total Hours 465
Total Hours 120 Sub-Total ($) Not to Exceed $125,000
Sub-Total ($) Not to Exceed $18,000
TOTAL (not to exceed) $218,000
Task 4. Environmental Analysis
Position Rate
Planning Division Manager $200
Senior Associate Planner $120
Assistant Planner $100
Project Engineer $140
Project Architect $150
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision PRECISION CIVIL ENGINEERING, INC.
MARCH 17, 2022
18 | CITY OF ARVIN | SB2 and LEAP Impalementation Proposal
3. CONFLICT OF INTEREST
Precision Civil Engineering does not have any potential or known conflict of interest regarding this RFP and/or the City of Arvin. Precision Civil Engineering understands that the selected proposer may not accept or perform engineering, survey, or development work within the City’s boundaries from individuals or organizations not directly and organizationally related to the City of Arvin during the life of the contract.
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision PRECISION CIVIL ENGINEERING, INC.
MARCH 17, 2022
19 | CITY OF ARVIN | SB2 and LEAP Impalementation Proposal
4. W-9 ATTACHMENT
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision Engineering, PRECISION CIVIL ENGINEERING, INC.
MARCH 17, 2022
20 | CITY OF ARVIN | SB2 and LEAP Impalementation Proposal
5. NON-COLLUSION CERTIFICATE (ATTACHMENT C)
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision RFP — Professional Services — Active Transportation Planning Services Page 10 Complete Streets and Safe Routes to School Plan — City of Arvin, CA Attachment C
NON-COLLUSION AFFIDAVIT
COUNTY OF ______________________
I am the __________________________ of ________________________________________, the party (Title) (Proposer Name)
submitting the foregoing RFP Proposal (“the PROPOSER”). In connection with the foregoing RFP Proposal, the undersigned declares, states and certifies that:
1. The RFP Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation.
2. The RFP Proposal is genuine and not collusive or sham.
3. The PROPOSER has not directly or indirectly induced or solicited any other PROPOSER to put in a false or sham RFP Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any other PROPOSER or anyone else to put in sham RFP Proposal, or to refrain from submitting this RFP Proposal.
4. The PROPOSER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the RFP price, or that of any other PROPOSER, or to fix any overhead, profit or cost element of the RFP price or that of any other PROPOSER, or to secure any advantage against the public body awarding the contract or of anyone interested in the proposed contract.
5. All statements contained in the RFP Proposal and related documents are true.
6. The PROPOSER has not, directly or indirectly, submitted the RFP price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof to effectuate a collusive or sham RFP.
Any person executing this declaration on behalf of a PROPOSER that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
Executed this ____ day of ___________, 20__ at _________________________________. (City, County and State)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Printed Name: _________________________
Title: ________________________________
Precision Civil Engineering, Inc.
17 March 22 the City of Arvin
Kern
Bonique Emerson
Bonique Emerson
Vice President of Planning/Manager
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision PRECISION CIVIL ENGINEERING, INC.
MARCH 17, 2022
21 | CITY OF ARVIN | SB2 and LEAP Impalementation Proposal
6. PROPOSED TIMELINE
The following shows the proposed timeline for a one (1) year project duration. Changes to the timeline would be made as the project moves forward due to several circumstances, e.g., response time of the city, response time of HCD, additional information, etc.
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision 4/11 4/18 4/25 5/2 5/9 5/16 5/23 5/30 6/6 6/13 6/20 6/27 7/4 7/11 7/18 7/25 8/1 8/8 8/15 8/22 8/29 9/5 9/12 9/19 9/26 10/3 10/10 10/17 10/24 10/31 11/7 11/14 11/21 11/28 12/5 12/12 12/19 12/26 1/2 1/9 1/16 1/23 1/30 2/6 2/13 2/20 2/27 3/6 3/13 3/20 3/27 4/3 4/10 4/17 Monthly Check-Ins
Milestone Meetings with Project Team
Work Program
Kick-Off Meeting
SB 2 Meeting
ADU Program Parameters Meeting
Zoning Ordinance Drafting
Zoning Ordinance Review Meeting 1
Zoning Ordinance Drafting
Zoning Ordinance Review Meeting 2
Zoning Ordinance Revisions
Public Hearing Attendance
Background Research
Prepare Site Layouts
Site Analysis
Preliminary Environmental Review
Finalize Project Description
Technical Studies
Tribal Consultation
Administrative Draft + MMRP
Public Review Draft + MMRP city review
Final Public Review Draft + MMRP
Response to Comments and Final Document
Public Hearings TBD - as needed
Notice of Determination after hearings
Zoning Ordinance Drafting
ADU Ordinance Review Meeting 1
ADU Ordinance Drafting
ADU Ordinance Review Meeting 2
Zoning Ordinance Revisions
HCD Review
35% Design Plan Sets city review
70% Design Plan Sets city review
100% Design Plan Sets
Program Materials/Supplements
Materials Review Meeting 1
Materials Review Meeting 2
Final Deliverables Review Meeting
Milestones April September
2022
May June
city review
July August
30-day response
TBD - as needed
city review
city review
2023
October November December January
TASK 1. PROJECT MANAGEMENT
TASK 2. KICK-OFF MEETINGS
TASK 3. ZONING ORDINANCE UPDATE
TASK 4. ENVIRONMENTAL ANALYSIS
February March April
TASK 6. ADU PROGRAM
30-day response
TASK 5. ADU ORDINANCE
city review
city review
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision L
OCAL
EXPERTISE.
We are your advocate; every step of the way.
5.D.3
Attachment: Proposal from Precision Civil Engineering_Redacted (Reso Awarding a Professional Services Agreement to Precision Engineering, Inc. for RFP — Professional Services — Active Transportation Planning Services Page 1 Complete Streets and Safe Routes to School Plan — City of Arvin, CA
CITY OF ARVIN
REQUEST FOR PROPOSAL
ENGINEERING, ENVIRONMENTAL REVIEW
AND PLANNING SERVICES
SB2 and LEAP Implementation
DUE DATE: March 17, 2022, 5:00 PM PDT
City of Arvin
200 Campus Drive
Arvin, CA 93203
(661) 854-3134
[email protected]
Contact: City Clerk
(February _, 2022)
5.D.4
Attachment: Template 1_Draft RFP SB2_LEAP_FINAL 2.01.22 (Reso Awarding a Professional Services Agreement to Precision Engineering, RFP
— Professional Services — ActiveTransportation Planning Services Page 2 Complete Streets and Safe Routes to School Plan — City of Arvin, CA
TABLE OF CONTENTS
Purpose of Request for Proposal Page 3
City of Arvin— Background Page 3
Contract Period Page 4
Tentative Timeline and Schedule of Events Page 4
Questions on Requests for Proposal Page 4
Submission Requirements Page 4
Submission Instructions Page 6
Proposal Evaluation Criteria and Process Page 6
Confidentiality of Responses Page 7
Miscellaneous Information and Contacts Page 7
Attachment A– Cover PagePage 9
Attachment B– Sample Cost Proposal Page 10
Attachment C– Non Collusion Affidavit Page 11
Attachment D– Professional Contract Page 12
Exhibit “A”— Scope of Services Page 23
Exhibit “B”— Project Budget and Timeline Page 25
5.D.4
Attachment: Template 1_Draft RFP SB2_LEAP_FINAL 2.01.22 (Reso Awarding a Professional Services Agreement to Precision Engineering, RFP — Professional Services — Active Transportation Planning Services Page 3 Complete Streets and Safe Routes to School Plan — City of Arvin, CA
REQUEST FOR PROPOSAL
PLANNING, ENGINEERING, AND ENVIRONMENTAL REVIEW SERVICES Professional Services for LEAP and SB2 Implementation
I. INTRODUCTION
A. PURPOSE OF REQUEST FOR PROPOSAL
The City of Arvin, California (the City) requests sealed proposal for services associated with implementation of the California Housing and Community Development department’s priorities to streamline and accelerate housing production in the state to include projects regarding, but not limited to, accessory dwelling units, updating zoning standards, and environmental analyses and studies for possible high density residential sites.
The scope of this proposal will be to assist the City of Arvin in all, aspects of these projects, including but not limited to the development of an ADU Ordinance and City ADU Program to include a processing guide, internal policy and procedure, and pre-approved design plans; Updating and Amending the City’s Title 17 Zoning Code to include but not limited to, illustrative drawings and procedural services; and environmental analyses for up to three potential high density residential project sites. See Attachment A and Attachment B for more information on project details.
Any firm selected must demonstrate experience in providing professional services and must be exceptionally capable of producing the desired services in a highly professional and cost-conscious manner.
B. THE CITY OF ARVIN — BACKGROUND
The City of Arvin was incorporated in 1960 and is a residential community with a population of more than 21,000 as of June 2017. Arvin is a General Law City with one Mayor and four City Council members elected at large operating under a council-manager form of government.
Arvin encompasses approximately 5.0 square miles and is approximately 15 miles southeast of Bakersfield. Services provided by the City include administration, police, planning and building inspection, transit, recreation services, street maintenance and contract wastewater management. Fire protection is provided by the Kern County Fire. Water service is provided by the Arvin Community Services District. The City has approximately 60 employees. The FY 2021-2022 General Fund budget for the City of Arvin is more than $5.5 million.
C. CONTRACT PERIOD
The contract term is anticipated to be a 1-year period beginning April 12, 2022 and concluding April 12, 2023, with the option to renew up to one (1) additional one-year period; the total term of the contract shall not exceed two (2) years. The priority of the City is to complete SB2-related activities by January 1, 2023.
5.D.4
Attachment: Template 1_Draft RFP SB2_LEAP_FINAL 2.01.22 (Reso Awarding a Professional Services Agreement to Precision Engineering, RFP — Professional Services — Active Transportation Planning Services Page 4 Complete Streets and Safe Routes to School Plan — City of Arvin, CA D. TENTATIVE TIMELINE AND SCHEDULE OF EVENTS
Release of RFP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . February 11, 2022 Proposal Submission Deadline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . March 17, 2022 Review of Proposals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . March 18-22, 2022 Interviews with finalist firms (tentative) . . . . . . . . . . . . . . . . . . . . . . March 23, 2022 Recommended firm presented to City Council for approval . . . . . . . .April 12, 2022 The City reserves the right to modify this timeline at any time.
E. QUESTIONS ON REQUEST FOR PROPOSAL
Any questions or requests for clarification about this RFP must be submitted in writing to the City Clerk via fax at (661) 854-0817 or via email to [email protected].
For the benefit of all proposers, no questions can be accepted after 5:00 p.m. on March 9, 2022. A summary of any questions received and their responses will be sent to all agencies who have requested an RFP and will also be posted on the City of Arvin’s website at www.arvin.org.
II. PROPOSAL FORMAT AND SCOPE OF SERVICES
A. PROPOSAL SUBMISSION REQUIREMENTS
1. Proposal Cover Sheet
Complete Attachment A. Identify the contact person for the proposal, and their address, telephone, fax, and e-mail information.
2. Proposal Narrative
The Proposal Narrative, excluding attachments, should not exceed 15 typewritten pages. All portions of the Proposal Narrative must be double-spaced, with a font size of 12 points or larger.
The Narrative shall include:
1. List of at least 3 cities or counties the firm has contracted with on similar projects.
2. Indicate the experience of the firm’s staff members who will be assigned to this project in the areas of:
a. State Planning Grants such as LEAP and SB2,
b. Environmental site analyses for high density residential development, c. Zoning and development law, standards, and updates,
d. Municipal ADU Programs to include pre-approved designs
3. One (1) copy of the Firm’s license, affiliations and associations or number.
4. A statement regarding the status of any disciplinary actions against the firm.
5. Background of your firm.
6. A brief overview of the project approach including how your team will coordinate with City staff and who will perform the various tasks described in Exhibit A
5.D.4
Attachment: Template 1_Draft RFP SB2_LEAP_FINAL 2.01.22 (Reso Awarding a Professional Services Agreement to Precision Engineering, RFP — Professional Services — Active Transportation Planning Services Page 5 Complete Streets and Safe Routes to School Plan — City of Arvin, CA
7. Scope of Work consistent with Exhibit A, included below.
8. Listing of proposed team members and contact information.
9. A statement of being properly insured against fraud, errors and omissions.
10. List of up to 3 similar projects completed in reverse chronological order for the last four years for which your firm provided professional services. Indicate for each of these projects:
(a) Name of project
(b) Project location
(c) Brief description (type of plan)
(d) Description of project
(f) Contact person and telephone number
(g) Your firm's specific involvement (i.e., prime, subconsultant, etc.) (h) The proposal cost vs. cost estimate
(i) Status of completion
11. Additional comments regarding the firm’s qualifications.
12. A project budget that clearly shows rates for each staff person working on project, hours allocated for each task in scope of work, total task hours and fee for each staff person, total fee for each task, and costs for direct expenses (travel, printing, supplies, etc.).
3. Conflict of Interest: Include a statement describing any potential or known conflict of interest regarding this RFP and/or the City of Arvin or affirm that you do not have a conflict of interest. The selected proposer may not accept or perform engineering, survey or development work within the City’s boundaries from individuals or organizations not directly and organizationally related to the City of Arvin during the life of the contract.
4. Please provide a W-9 with your proposal.
5. Non-Collusion Certificate: Execute the Non-Collusion certificate attached to this RFP. (Attachment C.)
B. SUBMISSION INSTRUCTIONS
1. Final Proposals can be mailed, or hand-delivered but regardless of the postmark date, must be received by the City by 5 PM PST , March 17, 2022. Electronic transmission either by fax or email will NOT be accepted.
2. Mail or hand-deliver one (1) original and one electronic copy in PDF format to:
SB2 and LEAP Implementation RFP
City of Arvin
Attn: City Clerk
200 Campus Drive
Arvin, CA 93203
(661) 854-3134
5.D.4
Attachment: Template 1_Draft RFP SB2_LEAP_FINAL 2.01.22 (Reso Awarding a Professional Services Agreement to Precision Engineering, RFP — Professional Services — Active Transportation Planning Services Page 6 Complete Streets and Safe Routes to School Plan — City of Arvin, CA III. PROPOSAL EVALUATION CRITERIA AND PROCESS
The City will evaluate the submissions received based on criteria including the following:
1. Staff Skills and Qualifications 20 points
2. Understanding of the Project 20 points
3. Clearly Defined Approach to Work Scope 20 points
4. Relevant Experience 20 points
5. Capacity to Work Collaboratively 15 points
6. Disadvantaged Business Enterprise (DBE) 5 points
V. CONFIDENTIALITY OF RESPONSES
While the City cannot guarantee the confidentiality of information submitted by the Proposer, it will make reasonable efforts to protect the information to the extent possible, as permitted by law. If sensitive information, such as personal financial statements, is necessary for support of capacity of Proposer, contact the City for further direction.
VI. MISCELLANEOUS INFORMATION
A. Issuance of this RFP does not constitute a commitment by the City to award a contract. The City reserves the right to reject any or all proposals received in response to this RFP, or to cancel this RFP if it is in the best interest of the City to do so.
B. The City anticipates selecting only one professional firm to carry out the work described in this RFP. However, if the City believes its goals can be best met by contracting with more than one proposer to this RFP, it may elect to contract with multiple proposers.
C. The firm submitting a proposal agrees that by submitting a proposal it authorizes the City to verify any or all information and/or references given in the proposal.
D. The City reserves the right to approve all subcontractors proposed by the primary proposer.
E. The proposer to whom award is made shall be required to enter into a written contract in a form substantially similar to the Professional Contract, included herein as a sample as Attachment D. A contract is not effective until approved by the appropriate City official(s). Any work performed prior to the receipt of a fully executed contract shall be at the proposer’s own risk. The City reserves the right, after contract award, to amend the resulting contract as needed throughout the term of the contract to best meet the needs of all parties.
F. No appeals will be heard for late proposals, proposals that do not pass the initial review or to contest a proposal score.
G. Proposers will be required to provide proof of professional liability insurance and an errors and omissions policy to meet City requirements.
5.D.4
Attachment: Template 1_Draft RFP SB2_LEAP_FINAL 2.01.22 (Reso Awarding a Professional Services Agreement to Precision Engineering, RFP — Professional Services — Active Transportation Planning Services Page 7 Complete Streets and Safe Routes to School Plan — City of Arvin, CA H. All information, materials, and documents discovered or developed/produced for this project by proposer will become the property of the City of Arvin.
I. Proposer must not be listed on Federal debarment lists.
J. Proposers will be responsible for adherence to the City’s Economic Opportunities Plan and Davis Bacon Act wage rates if applicable.
K. The City is dedicated to the principles of equal employment opportunity in any term, condition or privilege of employment or contracting. We do not discriminate on the basis of age, race, sex, color, religion, national origin, disability, veteran status, sexual orientation, gender identity, or any other status protected by state or local law. This policy applies to all employees and non-employees such as customers, clients, vendors, contractors, subcontractors and consultants.
L. The City accepts no responsibility for any expense incurred by the proposer in the preparation and presentation of a proposal. Such expenses shall be borne exclusively by the proposer.
City of Arvin Contact Information:
City Clerk
200 Campus Drive
Arvin, CA 93203
(661) 854 - 3134
[email protected]
5.D.4
Attachment: Template 1_Draft RFP SB2_LEAP_FINAL 2.01.22 (Reso Awarding a Professional Services Agreement to Precision Engineering, RFP — Professional Services — Active Transportation Planning Services Page 8 Complete Streets and Safe Routes to School Plan — City of Arvin, CA Attachment A
COVER PAGE
Legal Name of Firm (including entity type, e.g. “a California corporation”): ________________ _____________________________________________________________________________ Address: _____________________________________________________________________ Telephone no. ( ) ________________Toll Free Telephone no. ( ) ___________________ Primary representative/manager/partner-in-charge
Name: _______________________________
Title: ________________________________
Telephone no. ( ) ____________________
E-mail: ______________________________
Primary Contact for this RFP if different from above
Name: _______________________________
Title: ________________________________
Telephone no. ( ) ____________________
E-mail: ______________________________
The representations made herein are made under penalty of perjury.
ATTESTED ON THIS THE_______DAY OF ________2018
______________________________
Signature of Authorized Proposer
______________________________
Title of Proposer
5.D.4
Attachment: Template 1_Draft RFP SB2_LEAP_FINAL 2.01.22 (Reso Awarding a Professional Services Agreement to Precision Engineering, RFP — Professional Services — Active Transportation Planning Services Page 9 Complete Streets and Safe Routes to School Plan — City of Arvin, CA Attachment B
Sample Cost Proposal
Staff name Staff name Staff name Staff name
Title Title Title Title
Task Hourly rate Hourly rate Hourly rate Hourly rate Task hours Total Task fee Staff hours
Direct
expenses
Project total
5.D.4
Attachment: Template 1_Draft RFP SB2_LEAP_FINAL 2.01.22 (Reso Awarding a Professional Services Agreement to Precision Engineering, RFP — Professional Services — Active Transportation Planning Services Page 10 Complete Streets and Safe Routes to School Plan — City of Arvin, CA Attachment C
NON-COLLUSION AFFIDAVIT
COUNTY OF ______________________
I am the __________________________ of ________________________________________, the party (Title) (Proposer Name)
submitting the foregoing RFP Proposal (“the PROPOSER”). In connection with the foregoing RFP Proposal, the undersigned declares, states and certifies that:
1. The RFP Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation.
2. The RFP Proposal is genuine and not collusive or sham.
3. The PROPOSER has not directly or indirectly induced or solicited any other PROPOSER to put in a false or sham RFP Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any other PROPOSER or anyone else to put in sham RFP Proposal, or to refrain from submitting this RFP Proposal.
4. The PROPOSER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the RFP price, or that of any other PROPOSER, or to fix any overhead, profit or cost element of the RFP price or that of any other PROPOSER, or to secure any advantage against the public body awarding the contract or of anyone interested in the proposed contract.
5. All statements contained in the RFP Proposal and related documents are true.
6. The PROPOSER has not, directly or indirectly, submitted the RFP price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof to effectuate a collusive or sham RFP.
Any person executing this declaration on behalf of a PROPOSER that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
Executed this ____ day of ___________, 20__ at _________________________________. (City, County and State)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
By: _________________________________
Printed Name: _________________________
Title: ________________________________
5.D.4
Attachment: Template 1_Draft RFP SB2_LEAP_FINAL 2.01.22 (Reso Awarding a Professional Services Agreement to Precision Engineering, RFP — Professional Services — Active Transportation Planning Services Page 11 Complete Streets and Safe Routes to School Plan — City of Arvin, CA Attachment D (Professional Contract)
CITY OF ARVIN
CONTRACT SERVICES AGREEMENT FOR
SB 2 and LEAP PLANNING SERVICES
This Contract Services Agreement (“Agreement”) is made and entered into this day of April 1, 2022 between the City of Arvin, a municipal corporation (“City”), and XXXXX (“Consultant”). The term Consultant includes professionals performing in a consulting capacity. The parties hereto agree as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide the work and services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference. Consultant warrants that all work or services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner.
1.2 Consultant’s Proposal. The Scope of Services shall include the Consultant’s proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction.
1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense, such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, taxes, including applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement; and shall indemnify, defend and hold harmless City against any claim for such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the work and services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement.
1.6 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant,
5.D.4
Attachment: Template 1_Draft RFP SB2_LEAP_FINAL 2.01.22 (Reso Awarding a Professional Services Agreement to Precision Engineering, RFP — Professional Services — Active Transportation Planning Services Page 12 Complete Streets and Safe Routes to School Plan — City of Arvin, CA incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to 2% of the Contract Sum or $ 5,000, whichever is less, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein.
Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
1.8 Environmental Laws. Consultant shall comply with all applicable environmental laws, ordinances, codes and regulations of Federal, State, and local governments. Consultant shall also comply with all applicable mandatory standards and policies relating to energy efficiency.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of $XXXX (“Contract Sum”), except as provided in Section 1.6. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures approved by the Contract Officer in advance if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Consultant wishes to receive payment, no later than the first (1st) working day of such month, Consultant shall submit to the City, in a form approved by the City’s Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.2, City shall pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and no later than forty-five (45) days, from the submission of an invoice in an approved form. Notwithstanding, if the work is being funded by grant or other funding administered by a third party outside the control of the City, such as
5.D.4
Attachment: Template 1_Draft RFP SB2_LEAP_FINAL 2.01.22 (Reso Awarding a Professional Services Agreement to Precision Engineering, RFP — Professional Services — Active Transportation Planning Services Page 13 Complete Streets and Safe Routes to School Plan — City of Arvin, CA the County of Kern, Consultant acknowledges and agrees this may increase processing time for payment, and no payment of interest shall accrue if the City has used reasonable efforts to cause the Contractor to be paid within forty-five (45) days.
2.3 Availability of Funds. It is mutually understood between the parties that this Agreement is valid and enforceable only if sufficient funds are made available by the City Council of the City for the purposes of this Agreement. The availability of funding is affected by matters outside the City’s control, including other governmental entities. Accordingly, the City has the option to void the whole Agreement or to amend the Agreement to reflect unanticipated reduction in funding for any reason.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D”, if any, and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall, within ten (10) days of the commencement of such delay, notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if, in the judgment of the Contract Officer, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused; Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Section 7.4 below, this Agreement shall continue in full force and effect until completion of the services no later than XXXXX.
4.0 COORDINATION OF WORK
4.1 Representative of Consultant, XXXX, is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work or services specified herein and to make all decisions in connection therewith.
It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for City to enter into this Agreement. Therefore, the representative shall be responsible during the term of this Agreement for directing all activities of
5.D.4
Attachment: Template 1_Draft RFP SB2_LEAP_FINAL 2.01.22 (Reso Awarding a Professional Services Agreement to Precision Engineering, RFP — Professional Services — Active Transportation Planning Services Page 14 Complete Streets and Safe Routes to School Plan — City of Arvin, CA Consultant and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the representative may not be replaced nor may his responsibilities be substantially reduced by Consultant without the express written approval of City.
4.2 Contract Officer. The City’s City Manager, or designee in writing, is hereby designated as the representative of the City authorized to act in its behalf with respect to the work and services and to make all decisions in connection therewith (“Contract Officer”). It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. The City may designate another Contract Officer by providing written notice to Consultant.
4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred or assigned without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant taking all transfers into account on a cumulative basis. A prohibited transfer or assignment shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
5.0 INSURANCE AND INDEMNIFICATION
5.1 Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial general liability insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000.00 per occurrence for all covered losses and no less than $2,000,000.00 general aggregate.
(b) Workers’ Compensation Insurance. A policy of workers’ compensation insurance on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000.00 per accident for all covered losses.
5.D.4
Attachment: Template 1_Draft RFP SB2_LEAP_FINAL 2.01.22 (Reso Awarding a Professional Services Agreement to Precision Engineering, RFP — Professional Services — Active Transportation Planning Services Page 15 Complete Streets and Safe Routes to School Plan — City of Arvin, CA (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than $1,000,000.00 per accident, combined single limit. Said policy shall include coverage for owned, non owned, leased and hired cars.
(d) Professional Liability or Error and Omissions Insurance. A policy of professional liability insurance in an amount not less than $2,000,000.00 per claim and $4,000,000.00 annual aggregate with respect to loss arising from the actions of Consultant performing professional services hereunder on behalf of the City.
All of the above policies of insurance shall be primary insurance. The general liability policy shall name the City, its officers, employees and agents (“City Parties”) as additional insureds and shall waive all rights of subrogation and contribution it may have against the City and the City’s Parties and their respective insurers. Moreover, where the primary insured does not satisfy the self-insured retention, the insurance policy must specify that any additional insured may satisfy the self-insured retention. All of said policies of insurance shall also provide that said insurance may be not cancelled without providing ten (10) days prior written notice by registered mail to the City. In the event any of said policies of insurance are cancelled or amended, Consultant shall, prior to the cancellation or amendment date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until Consultant has provided City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by City.
Consultant agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant’s activities or the activities of any person or persons for which Consultant is otherwise responsible.
The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide or The Key Rating Guide, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances.
In the event that the Consultant is authorized to subcontract any portion of the work or services provided pursuant to this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to this Section 5.1.
5.2 Indemnification.
(a) Indemnity for Professional Liability. When the law establishes a professional standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City and the City’s Parties from and against any and all losses, liabilities, damages, costs and expenses, including attorneys’ fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subcontractors (or any entity or individual for which Consultant shall bear legal liability) in the performance of professional services under this Agreement.
5.D.4
Attachment: Template 1_Draft RFP SB2_LEAP_FINAL 2.01.22 (Reso Awarding a Professional Services Agreement to Precision Engineering, RFP — Professional Services — Active Transportation Planning Services Page 16 Complete Streets and Safe Routes to School Plan — City of Arvin, CA (b) Indemnity for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City and City’s Parties from and against any liability (including liability for claims, suits, actions, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, defense costs and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
6.0 RECORDS AND REPORTS
6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require.
6.2 Records. Consultant shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. Additionally, Consultant shall provide one (1) hard copy and one (1) electronic copy of all records for each project at no cost to the City within forty-five (45) days of the recording of the Notice of Completion or project close-out.
6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of such documents and materials. Consultant may retain copies of such documents for its own use and Consultant shall have an unrestricted right to use the concepts embodied therein.
Any use of such completed documents by City for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant and the City shall indemnify the Consultant for all damages resulting therefrom.
All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Kern, State of California, or any other appropriate court in such county, and Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.
5.D.4
Attachment: Template 1_Draft RFP SB2_LEAP_FINAL 2.01.22 (Reso Awarding a Professional Services Agreement to Precision Engineering, RFP — Professional Services — Active Transportation Planning Services Page 17 Complete Streets and Safe Routes to School Plan — City of Arvin, CA
7.2 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.3 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.4 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to the other party. Upon receipt of any notice of termination, Consultant shall immediately cease all work or services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for the reasonable value of the work product actually produced prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered.
7.5 Completion of Work After Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.6 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to reasonable attorneys’ fees, whether or not the matter proceeds to judgment, and to all other reasonable costs for investigating such action, taking depositions and discovery, including all other necessary costs the court allows which are incurred in such litigation.
8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach
5.D.4
Attachment: Template 1_Draft RFP SB2_LEAP_FINAL 2.01.22 (Reso Awarding a Professional Services Agreement to Precision Engineering, RFP — Professional Services — Active Transportation Planning Services Page 18 Complete Streets and Safe Routes to School Plan — City of Arvin, CA by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest; City. No officer or employee of the City shall have any financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is interested, in violation of any State statute or regulation.
8.3 Conflicts of Interest; Consultant. Consultant agrees that it will not engage in any transaction, activity or conduct that would result in a conflict of interest under this Agreement. During the term of this Agreement, Consultant shall not hire personnel currently employed by City to perform any work under this Agreement. Consultant shall promptly inform City of any contract, arrangement, or interest that Consultant may enter into or have during the performance of this Agreement that might appear to conflict with City’s interests. This includes contracts and arrangements with manufacturers, suppliers, contractors or other clients whose interests might be served by the work performed under this Agreement. Consultant shall take such measures as are necessary in the performance of this Agreement to prevent actual conflicts of interest. City, in its sole discretion, shall determine the existence of a conflict of interest and may terminate this Agreement in the event such a conflict of interest exists upon sending Consultant written notice describing the conflict.
8.4 Covenant Against Discrimination. Consultant covenants that, by and for itself, its executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement.
Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice or other communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, City of Arvin, 200 Campus Drive, Arvin, California 93203, and in the case of the Consultant, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by an instrument in writing signed by both parties.
5.D.4
Attachment: Template 1_Draft RFP SB2_LEAP_FINAL 2.01.22 (Reso Awarding a Professional Services Agreement to Precision Engineering, RFP — Professional Services — Active Transportation Planning Services Page 19 Complete Streets and Safe Routes to School Plan — City of Arvin, CA
9.4 Severability. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.
CITY:
CITY OF ARVIN,
a municipal corporation
By:___________________________________
Jeff Jones, Interim City Manager
ATTEST:
________________________________
Cecilia Vela, City Clerk
APPROVED AS TO FORM:
Hodges Law Group
By: ________________________________
Nathan Hodges, City Attorney
CONSULTANT:
XXXXX, a [entity type]
*By: ________________________________
Name: XXXXX
Title: XXXXX
Address: XXXXX
*CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE EVIDENCE
OF AUTHORITY TO EXECUTE DOCUMENTS FOR ANY ENTITY CONTRACTOR MUST BE PROVIDED.
5.D.4
Attachment: Template 1_Draft RFP SB2_LEAP_FINAL 2.01.22 (Reso Awarding a Professional Services Agreement to Precision Engineering, RFP — Professional Services — Active Transportation Planning Services Page 20 Complete Streets and Safe Routes to School Plan — City of Arvin, CA
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF KERN
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_____________________________
___________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
__________________________________________
__________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
5.D.4
Attachment: Template 1_Draft RFP SB2_LEAP_FINAL 2.01.22 (Reso Awarding a Professional Services Agreement to Precision Engineering, RFP — Professional Services — Active Transportation Planning Services Page 21 Complete Streets and Safe Routes to School Plan — City of Arvin, CA
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF KERN
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER____________________________
___________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
_________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
5.D.4
Attachment: Template 1_Draft RFP SB2_LEAP_FINAL 2.01.22 (Reso Awarding a Professional Services Agreement to Precision Engineering, RFP — Professional Services — Active Transportation Planning Services Page 22 Complete Streets and Safe Routes to School Plan — City of Arvin, CA EXHIBIT “A”
SCOPE OF SERVICES
The planning grant(s) received from HCD stipulates a set of tasks and deliverables that are included in the grant agreement with the City. The following scope of services reflects the tasks and products based on the grant application. Proposers may suggest enhancements to the scope that they feel will strengthen the project outcomes.
At a minimum, the consultant will be responsible for the following:
• Meeting(s) to discuss and schedule planned activities • Coordinating and preparing three possible high density residential site analyses and preliminary CEQA / NEPA analyses
• Environmental review services and related work as needed to conduct site analyses for up to three possible high density residential sites
• Draft an ADU Ordinance and corresponding resources to include but not limited to, a public-facing guidance document and internal policy and procedures • Draft designs such as floor plans (ADU templates) for pre-approved ADUs in the City for various ADU types and consider cost-effective construction materials and practices in design
• Develop ADU templates such as floor plan designs and drawings and other resources for submission, as needed, to regulatory or funding bodies for approval including, but not limited to: HCD and other corresponding California State agencies. • Draft updates and amendments to the City’s land-use zoning ordinance and illustrative designs regarding but not limited to, high density residential development and parking standards in accordance with state law
• Propose and recommend additional services as needed, including but not limited to master plans, environmental reports, additional public-facing guidance documents, and other zoning updates
• Other services as required; See below for project descriptions from the awarded grant applications for specific details of tasks
1. SB 2 (Priority 1) AWARDED APPLICATION – PROJECT DESCRIPTION:
1.1 Zoning Updates: Ordinance, Illustrative designs, Internal policy and procedure A. Update and Amend Title 17 Zoning relating to high density residential development; B. Update and Amend Title 17 Zoning Establish Site Development Standards and Criteria for High Density Residential Development:
C. Update and Amend Title 17 Zoning Establishing to Architectural and Site Development Criteria for High Density Residential Development - illustrative Examples;
5.D.4
Attachment: Template 1_Draft RFP SB2_LEAP_FINAL 2.01.22 (Reso Awarding a Professional Services Agreement to Precision Engineering, RFP — Professional Services — Active Transportation Planning Services Page 23 Complete Streets and Safe Routes to School Plan — City of Arvin, CA D. Update and Amended Title 17 Zoning - Establishing Administrative Review and Approval process and procedures at Staff level for High Density Residential Development;
E. Amend Title 17 Zoning, Update and Amend parking standards and criteria; F. Amend Title 17 Create new section Environmental Justice Site Evaluation Process for site selection for High Density Residential Development; G. Amend Title 17 Update and Amend Accessory Dwelling Unit criteria and create illustrative concepts for development.
1.2 Environmental Analyses
A. Prepare Site Analysis of up to three high density residential sites - Analysis to include utility availability, on-site and off-site improvements, and preliminary engineering estimates.
B. Create Preliminary Site Clearance for California Environmental Quality Act (CEQA) analysis of potential project sites - complete initial Studies for up to three sites.
2. LEAP (Priority 2) AWARDED APPLICATION – PROJECT DESCRIPTION:
2.1 ADU Program
A. Draft ADU Ordinance in compliance with state law
a. Including development standards and processing procedures b. Ordinance should model ordinances that score a B+ or higher on the ADU Scorecard – Grading ADU Ordinances by UC Berkeley Center for Innovation B. Supplement Ordinance with;
a. Internal Policy and Procedures
b. Processing Guide for homeowners
C. Amend Title 17 Update and Amend Accessory Dwelling Unit criteria and create illustrative concepts for development (as seen above)
D. Draft pre-approved designs for various ADU types
a. Cost-effective materials
b. To include but not limited to, floor plans for various ADU types such as Detached, Attached, Conversion, State Exemption and Junior ADUs i. Preference to at least three (3) different ADU types for design templates or more
5.D.4
Attachment: Template 1_Draft RFP SB2_LEAP_FINAL 2.01.22 (Reso Awarding a Professional Services Agreement to Precision Engineering, RFP — Professional Services — Active Transportation Planning Services Page 24 Complete Streets and Safe Routes to School Plan — City of Arvin, CA EXHIBIT “B”
PROJECT BUDGET AND TIMELINE
The project budget shall not exceed $250,000.
The proposed project timeline with key milestones is as follows:
RFP Consultant Selection .....................................................March 2022 Initial Meeting(s) and Review of Materials...........................March-April 2022 Environmental site analyses ..................................................May-November 2022 Approved ADU design templates..........................................December 2022 Presentations to planning commission………………………December 2022 Submission of resources and final reviews............................March 2023 Project activities related to SB2 will be prioritized to meet grant agreement deadlines.
5.D.4
Attachment: Template 1_Draft RFP SB2_LEAP_FINAL 2.01.22 (Reso Awarding a Professional Services Agreement to Precision Engineering,