August 15, 2023~4:00 PM Oroville City Council Meeting Agenda Page 1 of 5
OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
August 15, 2023
REGULAR MEETING
CLOSED SESSION 4:00 PM
OPEN SESSION 4:30 PM
AGENDA
PUBLIC ACCESS AND PARTICIPATION
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If you would like to address the Council at this meeting, you are requested to complete the blue speaker request form (located on the wall by the agendas) and hand it to the City Clerk, who is seated on the right of the Council Chamber. The form assists the Clerk with minute taking and assists the Mayor or presiding chair in conducting an orderly meeting. Providing personal information on the form is voluntary. For scheduled agenda items, please submit the form prior to the conclusion of the staff presentation for that item. Council has established time limitations of three (3) minutes per speaker on all items and an overall time limit of thirty minutes for non-agenda items.
If more than 10 speaker cards are submitted for an item, the time limitation would be reduced to one and a half (1.5) minutes per speaker for that item. If more than 15 speaker cards are submitted for non-agenda items, the first 15 speakers will be randomly selected to speak at the beginning of the meeting, with the remaining speakers given an opportunity at the end. (California Government Code §54954.3(b)).
Pursuant to Government Code Section 54954.2, the Council is prohibited from taking action except for a brief response from the Council or staff to statements or questions relating to a non-agenda item.
CALL TO ORDER / ROLL CALL
Council Members: Tracy Johnstone, Krysi Riggs, Scott Thomson, Janet Goodson, Shawn Webber, Vice Mayor Eric Smith, Mayor David Pittman
CLOSED SESSION
The Council will hold a Closed Session on the following:
1. Pursuant to Government Code Section 54957(b), the Council will meet with the the Personnel Officer and City Attorney to consider the evaluation of performance related to the following position: City Administrator
1 August 15, 2023~4:00 PM Oroville City Council Meeting Agenda Page 2 of 5
OPEN SESSION
1. Announcement from Closed Session
2. Pledge of Allegiance
3. Adoption of Agenda
PRESENTATIONS AND PROCLAMATIONS
1. Proclamation honoring Gonzalo "Pee Wee" Curiel
PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
This is the time to address the Council about any item not listed on the agenda. If you wish to address the Council on an item listed on the agenda, please follow the directions listed above.
REPORTS / DISCUSSIONS
1. Council Announcements and Reports
2. Administration Reports
CONSENT CALENDAR
Consent calendar items 1 - 4 are adopted in one action by the Council. Items that are removed will be discussed and voted on immediately after adoption of consent calendar items.
1. PROFESSIONAL SERVICES AGREEMENT WITH RSG FOR AFFORDABLE HOUSING
ADVISORY AND ANNUAL REPORTING SERVICES
The Council may consider a Professional Services Agreement with RSG for Affordable Housing Annual Reporting Services for a period of three (3) years. in an amount not to exceed an $28,500.
RECOMMENDATION
Adopt Resolution No. 9178 – A RESOLUTION OF THE CITY OF OROVILLE AUTHORIZING
AND DIRECTING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH RSG., FOR annual reporting services, in an amount not to exceed $28,500, THROUGH AUGUST 18, 2026 – (Agreement No. 3469).
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2. ACCEPT THE COMMUNITY DEVELOPMENT BLOCK GRANT STANDARD AGREEMENT 22-CDBG-PI-00026 AND ESTABLISH BUDGET FOR IMPROVEMENTS TO THE OROVILLE
CONVENTION CENTER
The Council may consider accepting the 2022 Community Development Block Grant (CDBG) Program Income Only Grant Agreement No. 22-CDBG-PI-00026, in the amount of $1,400,000 and establish a budget for general administration and program activities.
RECOMMENDATION
Accept the 2022 Community Development Block Grant Program Income Allocation, Agreement No. 22-CDBG-PI-00026, in the amount of $1,400,000.00.
Approve Budget Adjustment indicated in the fiscal impact of this Staff Report, dated August 15, 2023.
3. REQUEST TO WAIVE ADMISSION FEE FOR VARIOUS PROMOTIONAL EVENTS HELD AT
THE OROVILLE MUSEUMS
The Council may consider a request to waive the admission fees for various events to be hosted by the Oroville Docents at City museums including the Bolt’s Antique Tool Museum, the Pioneer Museum, the Chinese Temple & Museum Complex, and The Feather River Nature Center.
RECOMMENDATION
Staff recommend approval of the fee waivers for the outlined promotional events a the Oroville Museums in Fiscal Year 2023/24.
4. PURCHASE OF NEW AND MODIFICATION OF EXISTING WATER RESCUE TRAILER The Council may review and approve the intentions of the Fire Department to improve, through modification, the existing water rescue trailer. Council will also consider the purchase an additional trailer.
RECOMMENDATION
Approve modification to the city owned trailer.
REGULAR BUSINESS
5. AGREEMENT AMENDMENT FOR PROFESSIONAL SERVICES WITH JENNIFER ARBUCKLE CONSULTING FOR SB 1383 IMPLEMENTATION AND COMPLIANCE (REDUCTION OF ORGANIC WASTE IN LANDFILLS) FOR FISCAL YEAR 2023/24 The Council will consider amending the professional services agreement with Jennifer Arbuckle Consulting for grant management and SB 1383 Compliance for Fiscal Year 2023/24 (FY 2023/24).
RECOMMENDATION
Staff recommends approval of an amendment to the Agreement with Jennifer Arbuckle Consulting for grant management and SB 1383 Compliance in an amount not to exceed $98,800 through FY 2023/24.
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6. ANNUAL USE OF “MILITARY EQUIPMENT” AS DEFINED IN THE OROVILLE MUNICIPAL CODE
The Council will receive the Oroville Police Department Annual Military Equipment Use Report for 2023. The report contains a summary of the Military equipment quantity possessed.
RECOMMENDATION
Receive public input and approve report.
7. PURCHASE OF MOBILE AUDIO AND VIDEO SYSTEMS FOR MARKED PATROL VEHICLES AND INTERVIEW ROOM CAMERA SYSTEM UPGRADE from axon enterprises, inc.
The City Council will consider authorizing the Police Department to purchase mobile audio and video systems for police vehicles and inter
RECOMMENDATION
City Council approve the Chief of Police to enter into a 5-year agreement with Axon for the purchase of the Axon Fleet system for twenty-five (25) vehicles.
City Council authorize the Chief of Police, with the approval of the City Administrator, to add additional vehicles to the agreement during the term of the agreement provided funding is available.
City Council approve the purchase of the upgraded interview room camera system.
8. NORTH STAR PLACE BRANDING FINAL BRAND REPORT
The Council will consider approving the proposed Oroville brand and marketing plan by North Star Place Branding and Marketing, including a budget adjustment of $28,000.
RECOMMENDATION
Approve the new Oroville Brand as presented by North Star Place Branding.
Approve the first-year marketing plan, timeline, and $72,000 budget.
Approve an additional not-to-exceed $28,000 for one year of additional creative materials and coaching by North Star.
Approve contract amendment with North Star.
9. LETTER TO FEDERAL ENERGY REGULATORY COMMISSSION REGARDING RELICENSING OF OROVILLE DAM – PROJECT NO. 2100
The Council will review and provide input on draft letter addressed to the Federal Energy Regulatory Commission (FERC) with regard to the relicensing of the Oroville Dam – Project No. 2100.
RECOMMENDATION
Direct staff to send the letter as drafted; or provide alternative direction to staff with regard to draft letter.
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10. COMMUNITY MEMBER APPOINTMENTS TO VARIOUS COMMITTEES AND COMMISSIONS City Council may appoint individuals to the Arts Commission, Parks Commission, Planning Commission, and Citizen’s Oversight Committee.
RECOMMENDATION
Appoint the following individuals to the Arts Commission with terms expiring June 20, 2027 – David Tamori and Andee Krantz (Representative from the Parks Commission); and Appoint Chris Hix to the Parks commission with a term that expires on June 30, 2028; and Appoint Audrey Holt to the Planning Commission with a term that expires on June 30, 2027; and Appoint the following individuals to the Citizens Oversight Committee with a terms expiring June 30, 2027 – Mark Grover, JD Holt.
PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
This is the time to address the Council about any item not listed on the agenda. If you wish to address the Council on an item listed on the agenda, please follow the directions listed above.
FUTURE AGENDA ITEMS / CORRESPONDENCE
1. Future Agenda Items
2. Correspondence
i. Monthly Police Department Report
ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on September 5, 2023 at 4:00 p.m.
Accommodating Those Individuals with Special Needs – In compliance with the Americans with Disabilities Act, the City of Oroville encourages those with disabilities to participate fully in the public meeting process. If you have a special need in order to allow you to attend or participate in our public meetings, please contact the City Clerk at (530) 538-2535, well in advance of the regular meeting you wish to attend, so that we may make every reasonable effort to accommodate you. Documents distributed for public session items, less than 72 hours prior to meeting, are available for public inspection at City Hall, 1735 Montgomery Street, Oroville, California.
Recordings - All meetings are recorded and broadcast live on cityoforoville.org and YouTube. 5 City of Oroville
A PROCLAMATION IN RECOGNITION AND APPRECIATION OF
GONZALO PEE WEE CURIEL
WHEREAS, the Oroville City Council and all departments of the City of Oroville recognize and appreciate the enormous contributions given so generously by Gonzalo Pee Wee Curiel to this community; and
WHEREAS, Pee Wee is an instrumental part of the Oroville Airport Community and is dedicated to promoting the Oroville Airport; and WHEREAS, Pee Wee has done an outstanding job at organizing and managing Fly in’s at the Oroville Airport, successfully bringing hundreds of people from all over the area to our Community; and
WHEREAS, Pee Wee’s a lifelong resident and advocate of Oroville, and a member of the EAA and foundations of flights.
NOW, THEREFORE, I, David Pittman, Mayor of the City of Oroville, in concurrence with the Oroville City Council, do hereby recognize Pee Wee for his generosity and valuable contribution to the Oroville community and urge all citizens to join with me in this sincere expression of appreciation for his outstanding community service.
David Pittman, Mayor
6 Item 1.
CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: AMY BERGSTRAND, DIRECTOR
BUSINESS ASSISTANCE AND HOUSING DEVELOPMENT
RE: PROFESSIONAL SERVICES AGREEMENT WITH RSG FOR
AFFORDABLE HOUSING ADVISORY AND ANNUAL REPORTING
SERVICES
DATE: August 15, 2023
SUMMARY
The Council may consider a Professional Services Agreement with RSG for Affordable Housing Annual Reporting Services for a period of three (3) years. in an amount not to exceed an $28,500.
DISCUSSION
Staff is seeking council approval to enter into a Professional Services Agreement with RSG, to assist the City in administering its affordable housing program for three years. The Agreement is for as-needed services for operational burdens created by SB341; including but not limited to the preparation of annual reports required by State law, such as, the Housing Expenditure Report, an independent financial audit for Low- and Moderate-Income Housing Asset Fund and the expanded HCD Annual Report (APR) for the Housing Element.
Staff distributed an RFQ on June 6, 2023, to seven (7) companies and received only two (2) quotes by the due date of June 21, 2023. City staff is recommending that council approve an contract with RSG due to their competitive pricing, the fact that they are familiar with the City and the fact that they have all of the historical information needed to complete the reporting.
RSG has been contracting with the City of Oroville for more than fifteen (15) years, acting as consultant for Housing Advisory Services, the dissolution of the Redevelopment Agency (RDA) and the continuing Disclosure of the RDA and has been submitting Annual Housing Element Reports and SB341 reports on behalf of the City. Staff has been extremely satisfied with services provided by RSG.
FISCAL IMPACT
7 Item 1.
Housing Program Fund (Outside Services) 7011-6360-1418910 $28,500 The Housing Program Fund unencumbered balance as of August 31, 2023, is $899,622.
RECOMMENDATION
Adopt Resolution No. 9178 – A RESOLUTION OF THE CITY OF OROVILLE AUTHORIZING
AND DIRECTING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH RSG., FOR ANNUAL REPORTING SERVICES, IN AN AMOUNT NOT TO EXCEED $28,500, THROUGH AUGUST 18, 2026 – (Agreement No. 3469).
ATTACHMENTS
Resolution No. 9178
Agreement No. 3469
Housing Tools Proposal
8 Item 1.
CITY OF OROVILLE
RESOLUTION NO. 9178
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE AUTHORIZING
AND DIRECTING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH RSG, FOR ANNUAL REPORTING, IN AN AMOUNT NOT TO EXCEED $28,500, THROUGH AUGUST 31, 2026.
(AGREEMENT NO. 3469)
NOW THEREFORE, by the Oroville City Council as follows:
1. The Mayor is hereby authorized and directed to execute a Professional Services Agreement with RSG for annual housing reporting services through August 31, 2026.
2. The City Clerk shall attest to the adoption of this Resolution.
PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on August 15, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk 9 Item 1.
AGREEMENT FOR PROFESSIONAL SERVICES
No. 3469
This Agreement is made and entered into as of August 15, 2023, by and between the City of Oroville, a municipal corporation (“City”) and RSG (“Consultant”).
RECITALS
1. Consultant is specially trained, experienced and competent to provide the services as required by this Agreement; and
2. Consultant possesses the skill, experience, ability, background, license, certification, and knowledge to provide the services described in this Agreement on the terms and conditions described herein; and
3. City desires to retain Consultant to provide Annual Affordable Housing Advisory and Reporting Services for a three-year period through June 30, 2026.
AGREEMENT
1. SCOPE OF SERVICES. The Consultant shall furnish but are not limited to the following services in a professional manner:
A. Prepare annually, the Housing Expenditure Report to be prepared in conjunction with the annual financial audit within 6 months after the fiscal year and are typically completed by the end of December for the preceding year B. Prepare annually, an independent financial audit for the low- and moderateincome Housing Asset Fund (“Housing Program Fund”) inherited from the former Redevelopment Agency within 6 months of the end of each fiscal year.
C. Beyond the audit, the Annual Report (APR) will need to be expanded to include 10 Item 1.
additional information not found in the State Department of Housing and Community Development (HCD) annual report template.
D. Prepare and expand annually, the Housing Element Annual Report (APR) pursuant to the Health and Safety Code Section 34176.1(f) and submit to HCD and the Governor’s Office of Planning and Research (OPR) to be submitted annual by April 1st of each year.
E. Other tasks, as requested.
1. TIME OF PERFORMANCE. The services of Consultant are to commence upon execution of this Agreement and shall be completed by August 31, 2026.
2. COMPENSATION. Compensation in the amount of $28,500 to be paid to Consultant is set forth as follows:
2023-24 $ 9,000.00
2024-25 $ 9,500.00
2025-26 $10,000.00
In no event shall Consultant’s compensation exceed the amount of Twentyeight thousand five hundred dollars ($28,500) without additional written authorization from the City. Payment by City under this agreement shall not be deemed a waiver of defects in Consultant’s services, even if such defects were known to the City at the time of payment.
3. METHOD OF PAYMENT. Consultant shall invoice to City describing the work performed. Consultant’s invoice shall include a brief description of the services performed, the dates the services were performed, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after 11 Item 1.
approval of the invoice by City staff. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made for services until the final work under this Agreement has been accepted by the City.
4. EXTRA WORK. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of Consultant’s services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without prior written authorization from City.
5. TERMINATION. This Agreement may be terminated by the City immediately as provided in section 1 or for cause or by either party without cause upon fifteen days’ written notice of termination. Upon termination, Consultant shall be entitled to compensation for services properly performed up to the effective date of termination.
6. OWNERSHIP OF DOCUMENTS. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party.
Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents, and other writings to City within three (3) days after written request.
7. LICENSING OF INTELLECTUAL PROPERTY. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sub12 Item 1.
license any and all copyrights, designs, and other intellectual property embodied in documents or works of authorship fixed in any tangible medium of expression, including but not limited to, data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which may be provided to Consultant by City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
8. CONFIDENTIALITY. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed 13 Item 1.
confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services re rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
10. LOBBYING
No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal agreement, grant, loan, or cooperative agreement.
11. CONSULTANT’S BOOKS AND RECORDS.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, expenditures and disbursements charged to City for a minimum period of five (5) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of five (5) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this 14 Item 1.
Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Finance Director, Housing and Urban Development (HUD), California State Housing and Community Development (HCD), the Inspector General or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when its practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement for a period of (5) five years or longer, from the date of termination or completion of this agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained by City Hall.
12. INDEPENDENT CONTRACTOR. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City.
Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights.
13. INTEREST OF CONSULTANT. Consultant (including principals, associates, and professional employees) covenants and represents that it does not now have any 15 Item 1.
investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
1. will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City or any City official, other than normal agreement monitoring; and
2. possess no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
14. PROFESSIONAL ABILITY OF CONSULTANT. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. All work under this Agreement shall be performed by Consultant and shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.
15. COMPLIANCE WITH LAWS. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
16 Item 1.
16. LICENSES. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are required by the City for its business.
17. INDEMNITY. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising from its performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising from the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers.
18. INSURANCE REQUIREMENTS. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the Agreement, the insurance coverage and policies as set forth in Exhibit “C” attached hereto.
19. NOTICES. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
17 Item 1.
If to City: Amy Bergstrand/Housing
City of Oroville
1735 Montgomery Street
Oroville, CA 95965-4897
If to Consultant:
Jim Simon, Principal
RSG, Inc.
170 Eucalyptus Ave., Suite 200
Vista, CA 92084
20. ENTIRE AGREEMENT. This Agreement constitutes the complete and exclusive statement of agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations are superseded in total by this Agreement.
21. AMENDMENTS. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
22. ASSIGNMENT AND SUBCONTRACTING. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express prior written consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment 18 Item 1.
of any monies due to any such subcontractor other than as otherwise required by law.
23. WAIVER. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
24. SEVERABILITY. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
25. CONTROLLING LAW AND VENUE. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Butte, or in the United States District Court, Easter District of California.
26. LITIGATION EXPENSES AND ATTORNEYS’ FEES. If either party to this Agreement commences any legal action against the other part arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.
27. MEDIATION. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to American Arbitration Association (AAA) or its successor in interest. AAA shall provide the parties with the names of five qualified mediators. Each party shall 19 Item 1.
have the option to strike two of the five mediators selected by AAA and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
28. EXECUTION. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29. AUTHORITY TO ENTER AGREEMENT. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
30. PROHIBITED INTERESTS. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any 20 Item 1.
present or anticipated material benefit arising therefrom.
31. DISCRIMINATION ACTS AND ASSURANCES The Consultant during the performance of this Agreement assures that no otherwise qualified person, shall be excluded from participation or employ, denied program benefits, or be subjected to discrimination based on race, color, national origin, sex, age, or handicap, under any program or activity funded by this Agreement, as required by Title VI of the Civil Rights Act of 1964, Title I of the Housing and Community Development Act of 1974, as amended, and the Age Discrimination Act of 1975, and all implementing regulations.
32. SECTION 3 REQUIREMENTS The work to be performed under this Agreement is on a project assisted under a program assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and agreements for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of this project. The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFG Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Agreement. The parties to this Agreement certify and agree that they are under no contractual or other 21 Item 1.
disability which would prevent them from complying with these requirements. The City at direction from the State, will take appropriate action pursuant to this agreement upon a finding that the Consultant or its subcontractor(s) is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135.
33. NONDISCRIMINATION CLAUSE. During the performance of this Agreement, Consultant and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Consultant shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et. seq.) And the applicable regulations promulgated thereunder (California Code of Regulation, Title 2, Section 7258.0 et. seq.) The applicable regulations of the Fair Housing Commission implementing the California Code of Regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant shall give written notice of their obligation under this clause to labor organizations with which they may have a collective bargaining or other agreement. Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this contract.
34. EQUAL EMPLOYMENT OPPORTUNITY. In rendering the services contemplated by this agreement with CITY, Consultant shall not discriminate against any employee or applicant for employment because of race, color, creed, sex, age, or national origin. 22 Item 1.
Consultant shall comply with Title IV of the Civil Rights Act of 1964 and shall provide such reports as may be required to carry out the intent of this section. Consultant shall also comply with Executive Order 11246, as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR, Part 60).
Furthermore:
a. Consultant shall take affirmative action to insure that job applicants are employed and that employees are treated during employment without regard to race, religion, sex, color, age, national origin, or physical handicap. The term "affirmative action" shall include, but not be limited to: employment, upgrading, demotion or transfer; recruitment advertisement; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
b. Consultant agrees to post such notices, to be provided, setting forth the provisions of this equal employment opportunity and affirmative action program.
c. Consultant shall in all solicitations or advertisements for employees placed by or on behalf of the Consultant state that all qualified applicants will receive consideration to employment without regard to race, religion, sex, color, age, national origin, or physical handicap. Notification that Consultant is an "Equal Opportunity Employer" or "EOE" constitutes satisfaction in this notice requirement.
35. FAIR EMPLOYMENT PRACTICES. Consultant will permit access to records of employment, employment advertisements, application forms, and other pertinent 23 Item 1.
data and records by the State Fair Employment Practices Commission, or any other agency of the State of California designated by awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices Provision. In the event of any violations by the Consultant of state fair employment laws, the State of California shall have the right to terminate this Agreement either in whole or in part. In the event of such termination, any loss or damage sustained by the State of California and/or the City in securing the goods or services hereunder shall be borne and paid for by the Consultant and by their surety under performance bond, if any, and, in addition to other remedies, the State of California and the City may deduct from any monies due or that thereafter become due to the Consultant the difference between the price named in the particular agreements and the actual cost thereof to the State of California and the City.
36. COMPLIANCE WITH LABOR CODE OF STATE OF CALIFORNIA Pursuant to the provisions of Section 3700 of the Labor Code, Consultant will require every employer to be insured against liability for workman's compensation, or to undertake selfinsurance in accordance with the provisions of that code, and will comply with such provisions before commencing the performance of the work of a particular agreement. Furthermore, Consultant shall also provide evidence of workmen's compensation insurance, unemployment insurance and disability insurance to cover all of Consultant's employees.
37. THE CIVIL RIGHTS ACT, HCD, AGE DISCRIMINATION AND REHABILITATION ACTS ASSURANCE During the performance of this Agreement the Consultant assures that no otherwise qualified person shall be excluded from the participation or 24 Item 1.
employment, denied program benefits, or be subject to discrimination based on race, color, national origin, sex, age or handicap, under any program or activity funded by this Agreement, as required by Title VI of the Civil Rights Act of 1964, Title I, of the Housing and Community Development Act of 1974, as amended, the Age Discrimination Act of 1975 and the Rehabilitation Act of 1973, and all implementing programs.
38. THE TRAINING, EMPLOYMENT AND CONTRACTING OPPORTUNITIES FOR
BUSINESS AND LOWER INCOME PERSONS ASSURANCE OF COMPLIANCE a. The work to be performed under this Agreement is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C., 1701 u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and agreements for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project.
b. The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Agreement. The parties to this Agreement certify and agree that they are under no contractual or other disability which would prevent them from 25 Item 1.
complying with these requirements.
c. The Consultant will send to each labor organization or representative of workers with which there is a collective bargaining agreement or other agreement or understanding, if any, a notice advertising the said labor organization or worker's representative of the commitment under this Section 3 Clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d. The Consultant will include this Section 3 Clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon finding the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided a preliminary statement of ability to comply with the requirements of these regulations.
e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the Agreement, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractor or subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or agreement through which federal assistance is 26 Item 1.
provided, and to such sanctions as are specified by 24 CFR Part 135.
39. STATE NONDISCRIMINATION CLAUSE
a. During the performance of this Agreement, Consultant and its subcontractors shall not lawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40), or sex. Contractors and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.
Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code Section 12990), set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
b. This Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
27 Item 1.
CITY OF OROVILLE
___________________________________
David Pittman, Mayor
CONSULTANT
___________________________________
Jim Simon, Principal
APPROVED AS TO FORM: ATTEST:
By:______________________________ By:__________________________ Scott E. Huber, City Attorney Brian Ring, City Clerk
Attachments:
“A” Insurance Requirements
28 Item 1.
CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: AMY BERGSTRAND, DIRECTOR,
BUSINESS ASSISTANCE AND HOUSING DEVELOPMENT
RE: ACCEPT THE COMMUNITY DEVELOPMENT BLOCK GRANT
STANDARD AGREEMENT 22-CDBG-PI-00026 AND ESTABLISH
BUDGET FOR IMPROVEMENTS TO THE OROVILLE
CONVENTION CENTER
DATE: AUGUST 15, 2023
SUMMARY
The Council may consider accepting the 2022 Community Development Block Grant (CDBG) Program Income Only Grant Agreement No. 22-CDBG-PI-00026, in the amount of $1,400,000 and establish a budget for general administration and program activities.
DISCUSSION
The City Council adopted Resolution No.9098 on September 20, 2022, approving the submittal of an application for the utilization of CDBG Program Income funds from the State Department of Housing and Community Development for Improvements to the Oroville Convention Center. The application was approved to utilize program income on-hand and future receipts up to $1,400,000, broken into the following categories:
1. Oroville Convention Center Improvements: $1,282,000.00
2. General Administration: $ 118,000.00
$1,400,000.00
The Scope of Work includes, but is not limited to the following improvements:
Remodel men’s and women’s restroom, dressing area and showers. To include new lighting, plumbing, electrical, and accessible upgrades; The stage to be modified to accommodate a new restroom and dressing area; Installation of a wheelchair lift at each side of the stage; and Accessible upgrades to Foyer including new doors, glazing to walls, new energy efficient windows, epoxy floors and interior paint, new trellis/awning. 29 Item 2.
At the time of the application, the fund balance was approximately, $850,000.00. On July 14, 2023, the time of Award Notification, that amount had increased to $1,158,134.17 and will continue to increase monthly until it reaches $1,400,000.
State CDBG staff will amend the award notification to increase the award amount for this project as the program income balance increases and is made available. If the City of Oroville does not receive program income at the rate that the improvements are occurring, City will supplement the project using Capital Improvement funds, then reimburse the fund when/if the PI comes in.
FISCAL IMPACT
There is no General Fund impact.
A budget adjustment will be required to establish a budget as follows:
Fund 229, Project Code 2200026
RECOMMENDATION
1. Accept the 2022 Community Development Block Grant Program Income Allocation, Agreement No. 22-CDBG-PI-00026, in the amount of $1,400,000.00.
2. Approve Budget Adjustment indicated in the fiscal impact of this Staff Report, dated August 15, 2023.
ATTACHMENTS
Award Announcement
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31 Item 2.
32 Item 2.
33 Item 2.
34 Item 2.
35 Item 2.
36 Item 2.
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81 Item 2.
Award Notification Letter
Dear Amy Bergstrand,
Congratulations! This is to inform you that your application is now awarded.
Project:
Improvements to the Oroville
Convention Center
Program: CDBG - Program Income Only (2022)
Notification Date: 07/14/2023
Approval Date:
Approved Amount: $1,158,134.17
Other Awards:
PI - City of Oroville: $1,158,134.17
Total Other: $1,158,134.17
Total Match: $0.00
Period of Performance: 08/01/2023 - 08/01/2026
Award/Contract
Number:
22-CDBG-PI-00026
Ein: 94-6000387
82 Item 2.
CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: HEATHER MCCAFFERTY, CULTURAL FACILTIES CURATOR
RE: REQUEST TO WAIVE ADMISSION FEE FOR VARIOUS
PROMOTIONAL EVENTS HELD AT THE OROVILLE
MUSEUMS
DATE: AUGUST 15, 2023
SUMMARY
The Council may consider a request to waive the admission fees for various events to be hosted by the Oroville Docents at City museums including the Bolt’s Antique Tool Museum, the Pioneer Museum, the Chinese Temple & Museum Complex, and The Feather River Nature Center.
DISCUSSION
There are several upcoming community events scheduled to take place at the City’s museums that will benefit the community of Oroville, the general public and the museums. Events are an impactful tool for museums to increase visibility and visitation.
Offering festive, engaging, and family friendly events at City museums brings energy and excitement to Oroville’s treasured cultural institutions. Weaving the museums into the community’s annual calendar and presenting new programming broadens audiences and brands city museums as vital and thriving places to gather, to learn and to be inspired. The following upcoming events will be hosted by the Docents Association:
September 23, 2023
October 7, 2023
October 28, 2023
Salmon Festival
Antique Appraisal Event at the Bolt’s Antique Tool Museum Family Trick or Treating at Oroville City Museums
December 2, 2023 Pioneer Christmas, Old Fashioned Christmas Celebration February 10, 2024
Feb. 24 & 25, 2024
Chinese New Year at the Chinese Temple
Museum Weekend
At this time, staff is requesting the Council to consider waiving the general admission fee of $4.00 for adults (kids under 12 are free) for the above listed events. 83 Item 3.
FISCAL IMPACT:
In determining the fiscal impact, we are only including adult admissions, since kids under 12 are free. The number of adult attendants is based on approx. totals for each event from 2023 and 2024.
Salmon Festival 450 adults x $4.00 = $1800
Antique Appraisal 200 adults x $4.00 = $800
Museum Trick or Treat 400 adults x $4.00 = $1600
Pioneer Christmas 80 adults x $4.00 = $320
Chinese New Year 400 adults x $4.00 =$1600
Museum Weekend 850 adults x $4.00 = $3400
Total adult admissions 2,380 visitors x $4 = $9,520
The waiver of the admission fee of $4.00 for the listed 2023-2024 events will result in an approximate loss of $9,520 for the museums
RECOMMENDATION
Staff recommend approval of the fee waivers for the outlined promotional events a the Oroville Museums in Fiscal Year 2023/24.
84 Item 3.
FIRE Page 1 08.2.23
OROVILLE CITY COUNCIL
AGENDA STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: CHRIS TENNS, CALFIRE ASSISTANT CHIEF - OROVILLE CITY
DIVISION
RE: PURCHASE OF NEW AND MODIFICATION OF EXISTING WATER
RESCUE TRAILER
DATE: AUGUST 15, 2023
SUMMARY
The Council may review and approve the intentions of the Fire Department to improve, through modification, the existing water rescue trailer. Council will also consider the purchase an additional trailer.
DISCUSSION
The City currently owns three water vehicles (a jet ski and two rescue boats – one powered and one float), which are hauled/transported on two separate trailers. One trailer currently has the ability to haul the single powered rescue boat, which is used frequently, however is limited to exclusively towing the powered rescue boat and is unable to haul other supplies that are needed. The other trailer is a dual jet ski trailer that holds the rescue jet ski. The jet ski gets less frequent use, however, this trailer can hold additional needed supplies such as fuel, equipment and other equipment necessary for rescues.
The third water apparatus the City currently owns, the float boat, has no trailer.
In the interest of cost efficiency while improving performance, the Oroville Fire Department would like to modify the existing City owned dual jet ski trailer to accommodate the hauling of the two primary rescue boats, while maintaining the ability to carry all essential equipment and supplies on a single trailer. These two boats are the primary boats used in water rescue and currently are the most limited in relation to transporting them to the rescue. The trailer modifications will be completed in house. The Fire Department would then purchase a new single trailer to be used for the transportation of the jet ski that could accommodate that apparatus and necessary equipment.
FISCAL IMPACT
The trailer modifications will be done in house. The cost of a new jet ski trailer is $2,381.29. The funds have already been allocated to the budget – 10011150 - 6420.
RECOMMENDATION
85 Item 4.
FIRE Page 2 08.2.23
Approve modification to the city owned trailer to accommodate the transportation of the float boat; and the purchase of new trailer for the jet ski.
ATTACHMENTS
Single jet ski trailer quote
86 Item 4.
Chico CA 95973
$0.00
$0.00
$2,100.00
$1,895.00
$0.00
$177.79
$205.00
$2,138.50
$2,138.50
$2,381.29
0.00%
Glende Polaris Yamaha
2055 LINCOLN ST
C
CA Service Fee
$0.00
W
GAP
Logistics Surcharge
VSI
License/Registration Fees
$0.00
Tire Fee
Extended Warranty
KARAVAN
OROVILLE, CA 95966
QUOTE ONLY -- for: Single Steel Karavan PWC Trailer
$0.00
$0.00
$0.00
$0.00
ADM
Credit/Debit Fee
0 $65.00
4002634
Parts & Accessories
Freight
Dealer Unit Price
Price
530-301-7098
New 2022
$195.00
WCE-1500
________________________________________________________________________________________________ Model Serial No.
Manufacturer Retail Price
Stock No. Price
Sales Tax
_______________________________________
(Cash Price - Net Trade)
2838 Hwy 32
$0.00
_______________________________________
Cash Price
Set-Up Fee
Net Trade
Net Sale
CITY OF OROVILLE FIRE DEPT 07/11/2023
$1,895.00
Trade Allowance
Payoff
Cash Down Payment
530-345-2886
Amount to Pay/Finance
$0.00
$0.00
Document or Administration Fees
Sub Total
$3.50
_______________________________________
TRADE-IN NOTICE: Customer respresents that all trade in units described above are free of all liens and encumbrances except as noted. $0.00
$0.00
Parts and Labor:
Shaylee Glende
Monthly Payment of
$45.00
For
Notes:
Trade Information
NOTICE TO BUYER: (1) Do not sign this agreement before you read it or if it contains any blank spaces to be filled in. (2) You are entitled to a completely filled in copy of this agreement. (3) If you default in the performance of your obligations under this agreement, the vehicle may be repossessed and you may be subject to suit and liability for Months at Interest
$2,381.29
Bill of Sale
Order No.
*With Approved Credit. Interest rates and monthly payment are approximate and may vary from those determined by the lendor.
Customer Signature __________________________ Dealer Signature ________________________________ 567439
New/U (Incl factory options)
Less Dealer Discount
Year
$0.00
5KTWS141XNF567439
Thank You for Your Business!
Make
the unpaid indebtedness evidenced by this agreement.
Salesman
Date
I hereby agree to purchase the following unit(s) from you under the terms and conditions specified. Delivery is to be made H
as soon as possible. It is agreed, however, that neither you nor the manufacturer will be liable for failure to make delivery.
Labor
Dealer Price Qty Ext Price
Unit Information
87 Item 4.
CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: RONNIE BELSER, DIRECTOR OF CODE ENFORCEMENT
RE: AGREEMENT AMENDMENT FOR PROFESSIONAL SERVICES
WITH JENNIFER ARBUCKLE CONSULTING FOR SB 1383
IMPLEMENTATION AND COMPLIANCE (REDUCTION OF
ORGANIC WASTE IN LANDFILLS) FOR FISCAL YEAR 2023/24
DATE: AUGUST 15, 2023
SUMMARY
The Council will consider amending the professional services agreement with Jennifer Arbuckle Consulting for grant management and SB 1383 Compliance for Fiscal Year 2023/24 (FY 2023/24).
DISCUSSION
Nearly all CalRecycle regulations are found in Title 14 and Title 27 of California Code of Regulations. Previously, there were four diversion programs in effect, however, a fifth program (SB 1383) came into effect January 1, 2022. Additionally, the City has also adopted Ordinance 13.08 to meet the necessary regulations mandated by SB 1383.
In October 2021, the Council entered into an agreement with Jennifer Arbuckle Consulting, a qualified professional consultant to provide grant management and implementation of SB 1383. This agreement was extended in September of 2022 for the 2022-2023 fiscal year. Additional services include stakeholder engagement, sustainable development, education, and marketing as well as support and guidance to allow for a smooth transition to the new Recycling Coordinator at the City. The Agreement included services at $95 per hour for up to 100 hours per month. Funding in the budget was allocated for the fiscal years 2021-2022 and 2022-2023.
The Consultant will continue to provide services under the Agreement, including training, until the City's Recycling Coordinator is able to take over the tasks required.
Ms. Arbuckle proposes to continue to work up to 20 hours per week at $95/hour to train the newly hired Recycling Coordinator, continue research, meet deadlines, and the necessary reporting, for compliance.
88 Item 5.
Accordingly, Staff requests an amendment to this agreement for up to $98,800 for FY 2023/24.
FISCAL IMPACT:
Funding is included for this in the FY 23/24 budget.
RECOMMENDATION
Staff recommends approval of an amendment to the Agreement with Jennifer Arbuckle Consulting for grant management and SB 1383 Compliance in an amount not to exceed $98,800 through FY 2023/24.
ATTACHMENTS
Amendment to Agreement No. 3386
Agreement No. 3386 — Jennifer Arbuckle Consulting (approved September 20, 2021) 89 Item 5.
AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF OROVILLE AND ARBUCKLE CONSULTING
(Agreement No. 3386)
This First Amendment (“First Amendment”) dated August 15, 2023, is to Agreement No. 3386 (“Agreement”) between the City of Oroville and Jennifer Arbuckle Consulting. In consideration of the terms and conditions herein, the City of Oroville and Jennifer Arbuckle Consulting agree that Agreement shall be amended as follows:
1. Paragraph 5 shall be replaced with the following language: “TERM. The term of this Agreement begins on the date it is signed by the City Clerk, below, attesting full execution of the Agreement by both parties (“Effective Date”), and ends on June 30, 2024, unless terminated earlier as provided herein.
The following provisions will survive expiration or termination of this Agreement: Section 7.2 (Dispute Resolution), Section 8.1 (Confidentiality), Section 8.4 (Records of Performance), Section 10 (Indemnification), Section
11.4 (Professional Liability), Section 13.3 (Taxes), and Section 14 (General Provisions).
2. Exhibit B, Paragraph 1 shall be replaced with the following language:
AUTHORIZED HOURLY RATES. Consultant will be compensated for time reasonably necessary to provide the Services based on the following hourly rate schedule, subject to the not-to-exceed limit in Section 2.1 of the Agreement. Specific personnel shall be identified in task orders.
Jennifer Arbuckle Consulting: $95 per hour (not to exceed 100 hours per month) for fiscal year 2023-2024.
3. Conflicts between the Agreement and this Amendment shall be controlled by this Amendment. All other provisions within the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF OROVILLE ARBUCKLE CONSULTING
By: By:
David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
By: By:
Scott Huber, City Attorney City Clerk 90
Item 5.
SERVICES AGREEMENT (PROFESSIONAL CONSUL TING SERVICES)
Grant management and SB 1383 Compliance
City Agreement No. 3386
This Services Agreement (Professional Services) for Grant management and SB 1383 Compliance ("Agreement") by and between the City of Oroville, a California charter city ("City"), and JENNIFER ARBUCKLE CONSUL TING ("Consultant"), is effective on the Effective Date identified on the signature page.
RECITALS
A. The City desires to obtain the Services more particularly described in this Agreement and Exhibit "A," and generally including Grant management and SB 1383 Compliance.
B. On September 20, 2021 the Consultant submitted a proposal demonstrating the Consultant's qualifications and experiences to provide such Services.
NOW, THEREFORE, the City and the Consultant, for the mutual consideration described herein, agree as follows:
1. SCOPE OF SERVICES.
1.1. Services. Consultant, acting in its capacity as an consultant, will perform the Services described in the Scope of Services and Schedule of Performance, attached hereto as Exhibit "A" and incorporated herein by reference ("Services"), in accordance with the terms and conditions of this Agreement and to the satisfaction of the City's authorized representative, the City Administrator ("City's Authorized Representative").
1.2. Standard of Care. In performing the Services, Consultant will meet or exceed the applicable standard of care for and exercise the degree of skill and diligence ordinarily used by reputable professionals within the State of California who provide the same or similar type of professional Services as the Services required under this Agreement. Consultant will require and ensure that all of its employees, subconsultants, or agents performing or contributing to the Services will comply with the requirements of this Agreement.
1.3. Independent Contractor. Consultant will control the manner and means for performing the Services, acting as an independent contractor and not as an employee of the City. Consultant will not be entitled to any of the benefits that the City provides to its employees, including, but not limited to, health or retirement benefits. 1 .4. Subcontracting. If Consultant subcontracts with a subconsultant to perform any of the Services, the City is deemed an intended beneficiary of that subcontract and the subconsultant will owe a duty of due care to the City. City reserves the right to approve or Agreement 3386 91
Item 5.
reject any proposed subconsultant, based on the subconsultant's qualifications, relevant experience, or reputation.
1.5. Third Party Beneficiaries. Except to the extent expressly stated herein, this Agreement will not be construed to create any rights in third parties.
Time for Performance. Time is of the essence for the performance of all Services and duties under this Agreement. Consultant will commence and complete all Services by the dates and within any timeframes set forth in task orders issued by the City and accepted by the Consultant. Consultant will submit all requests for extensions of time to the City in writing no later than ten days after the start of the circumstances or events giving rise to the delay, and no later than the time by which performance is due. The City's approval of any extension of time for performance of the Services will not operate to waive the City's rights or remedies with respect to damages caused by Consultant's delay.
1.6. Errors and Omissions. Consultant is solely responsible for costs arising from its errors and omissions, including increased construction costs or delay costs. Upon City's request, Consultant will promptly correct its errors and omissions, at no cost to the City.
1.7. Unsatisfactory ServiGes. l.lp0n written notice from the City-that-any-of-the Services are unsatisfactory or fail to comply with the requirements of this Agreement (collectively, "Unsatisfactory Services"), Consultant will promptly correct or cure any such Unsatisfactory Services as specified in the City's written notice. Consultant will not be entitled to any additional compensation or extension of time to correct or cure the Unsatisfactory Services. Consultant's correction or cure of Unsatisfactory Services will not operate to waive the City's rights or remedies with respect to any damages caused by the Unsatisfactory Services, the cost of which may be recovered by the City as an offset from payment otherwise due or to become due to Consultant.
2. COMPENSATION.
2.1. Payment. The City will pay Consultant for Consultant's time and authorized expenses necessary to perform the Services, at the rates and charges set forth in the Compensation Rates and Charges attached hereto as Exhibit "B" and incorporated herein by reference, as compensation in full for Services satisfactorily performed under task orders accepted by Consultant and in compliance with this Agreement. Consultant's total compensation for performing the Services may not exceed the amount specified in task orders without prior written authorization from the City. If the City authorizes Consultant to perform Services in addition to the Scope of Services set forth in Exhibit "A," Consultant will be compensated in accordance with the rates and charges in Exhibit "B." Consultant will not be entitled to any compensation for additional Services performed without the City's prior written consent, or which exceed the scope of the City's written consent.
2.2. Invoices. Consultant will submit a monthly itemized invoice to the City's Authorized Representative for the Services provided during the preceding month. At a minimum, Agreement 3386
92 Item 5.
the invoice will identify the Services performed, the hours spent performing the Services, the applicable hourly rate(s), and any authorized expenses based on the rates and charges authorized in Exhibit "B." The City will pay the Consultant within 30 days after approval of each invoice, with the exception of any disputed amounts. Separate invoices shall be submitted for individual task orders.
3. AUTHORIZED REPRESENTATIVE. Consultant hereby assigns Jennifer arbuckle, to serve as the Consultant's authorized representative ("Consultant's Authorized Representative"), to personally participate in and manage the Services provided under this Agreement, and to serve as the primary point of contact for all matters pertaining to this Agreement.
3.1. Substitutions. As a material inducement to entering into this Agreement, the City has relied upon Consultant's representations regarding Consultant's qualifications (including the qualifications of Consultant's Authorized Representative, its personnel, and its subconsultants, if any, as identified on Exhibits "A" and "B''). Consultant will not replace Consultant's Authorized Representative ( or any of its personnel or its subconsultants, if any, as identified on Exhibits "A" and "B") without the City's prior written consent.
4. NOTICES. All notices or requests required or contemplated by this Agreement will be in writing and delivered to the other party's Authorized Representative by personal delivery, U.S. Mail, nationwide overnight delivery service, email, or as otherwise specified herein. Delivery is deemed effective upon the first to occur of: (a) actual receipt by a party's Authorized Representative, (b) actual receipt at the address identified below, or (c) three business days following deposit in the U.S. Mail of registered or certified mail sent to the address identified below. A party's contact information, below, may be changed by providing written notice of any change to the other party.
TO CITY: Dawn Nevers, Asst. Community Development Director City of Oroville
1735 Montgomery Street
Oroville, CA 95965
[email protected]
TO CONSULTANT: Jennifer Arbuckle
Jennifer Arbuckle Consulting
817 Alan Lane
Chico, CA 95926
[email protected]
5. TERM. The term of this Agreement begins on the date it is signed by the City Clerk, below, attesting full execution of the Agreement by both parties ("Effective Date"), and ends upon Consultant's completion of the Services required by this Agreement, unless terminated earlier as provided herein. The following provisions will survive expiration or Agreement 3386 93
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termination of this Agreement: Section 7.2 (Dispute Resolution), Section 8.1 (Confidentiality), Section 8.4 (Records of Performance), Section 10 (Indemnification), Section 11.4 (Professional Liability), Section 13.3 (Taxes), and Section 14 (General Provisions).
6. CITY'S RIGHT TO TERMINATE. The City may terminate this Agreement for convenience (with or without cause) by providing written notice of termination to Consultant, effective upon the date stated in the notice. If the City terminates the Agreement it will pay Consultant for all Services satisfactorily performed up to and including the effective date of the termination, subject to the provisions of Sections 2 and 8.2.
7. DEFAULT AND DISPUTE RESOLUTION.
7.1 . Default. Consultant will be deemed in default of this Agreement if Consultant is not complying with the terms of this Agreement, or the City has reason to believe that Consultant's ability to perform the Services has been or will be impaired. If either of these circumstances exist, the City may give written notice of default to Consultant and demand that the default be cured or corrected within ten days of the notice, unless the City determines that additional time is reasonably necessary to cure the default. If Consultant fails to cure the default within of the time specified in the notice, and the Consultant fails to give adequate written assurance of due performance within the specified time, then the City may terminate-this Agreement in accordance with Section 6, or the City may pursue dispute resolution in accordance with Section 7.2.
7.2. Dispute Resolution. If any dispute arises between the parties in relation to this Agreement, the Authorized Representatives for each party will meet, in person, as soon as practicable, to engage in a good faith effort to resolve the dispute informally. If the parties are unable to resolve the dispute, in whole or in part, through informal discussions, the parties agree to participate in mediation. Notwithstanding the existence of a dispute, the Consultant will continue providing the Services during the course of any dispute, unless otherwise directed by the City.
7.2.1 . Either party may give written notice to the other party of a request to submit a dispute to mediation, and a mediation session will take place within 60 days of the date that such notice is given, or sooner if reasonably practicable. The parties will jointly appoint a mutually acceptable mediator. The parties will share equally the costs of the mediator; however, each party will pay its own costs of preparing for and participating in the mediation, including any legal costs.
7.2.2. Good faith participation in mediation pursuant to this Section is a condition precedent to either party commencing litigation in relation to the dispute. In addition, any claims by Consultant arising from or related to this Agreement, are subject to the claim presentment requirements in the Government Claims Act (Government Code section 900 et seq.).
8. INFORMATION AND RECORDS.
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8.1 . Confidentiality. Consultant will not disclose any information or records related to the performance of this Agreement, including information and records received from the City, as well as information and records created by the Consultant, to any person other than a City employee, unless and only to the extent that the City provides the Consultant with prior written consent to make a disclosure. Consultant will notify the City's Authorized Representative of any request for disclosure of information, or any actual or potential disclosure of information, under this Agreement. Consultant's obligations under this section will survive the termination of this Agreement.
8.2. Title to Records. All original documents or records ("work product"), whether paper or electronic, required by this Agreement to be prepared by Consultant (including its employees and subconsultants), whether complete or in progress, are the property of the City. Consultant will promptly deliver all such work product to the City at the completion of the Services, upon termination, or upon demand by the City. However, Consultant may make and keep copies of the work product.
8.3. Contract Cost Disclosure. For any document or report prepared in whole or in part by Consultant pursuant to this Agreement, Consultant will include the numbers and dollar amounts of related contracts or subcontracts as further specified by Government Code Section 7550.
8.4. Records of Performance. Consultant will maintain adequate records of performance under this Agreement (including Services provided, invoices for payment, and payments received) and make these records available to the City for inspection, audit, and copying, during the term of this Agreement and until four years after the Agreement has expired or been terminated.
8.5. Electronic Communications. Consultant will use reasonable good faith efforts to avoid transmitting electronic viruses or other damaging coding , and will promptly advise the City if Consultant discovers that an electronic virus or similar destructive coding may have been transmitted to the City.
8.6. Copyrights/Patents. In performing the Services under this Agreement, Consultant will not unlawfully infringe on any copyrighted or patented work. Consultant is solely responsible for the cost of any authorizations necessary to use any copyrighted or patented work.
9. ACCIDENT REPORT. If any death, personal injury, or property damage occurs in connection with the performance of the Services, Consultant will promptly submit to the City Clerk's Office a written notice of the incident of damage with the following information:
9.1. A description of the damage including date, time, and location, and whether any City property was involved;
9.1.1. Name and contact information of any witness;
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9.1.2. Name and address of the injured or deceased person(s); and
9.1.3. Name and address of Consultant's insurance company.
10. INDEMNIFICATION. To the full extent permitted by law, Consultant will indemnify, hold harmless, release, and defend the City (including its officers, elected or appointed officials, employees, volunteers, and agents) from and against any and all liability or claims (including actions, demands, damages, injuries, settlements, losses, or costs [including legal costs and attorney's fees]) (collectively, "Liability") of any nature, arising out of, pertaining to, or relating to Consultant's negligence, recklessness, or willful misconduct in the performance of this Agreement. Consistent with Civil Code Section 2782, Consultant will not be obligated to indemnify City for the proportionate share of the Liability caused by the City's active negligence, sole negligence, or willful misconduct. To the extent that Services are "design professional Services," as defined by Civil Code Section 2782.8, the cost to defend charged to the Consultant will not exceed the Consultant's proportionate percentage of fault. Consultant's indemnification obligations under this Agreement are not limited by any limitations of any insurance held by Consultant, including, but not limited to, workers' compensation insurance.
11. INSURANCE. Without limiting Consultant's indemnification obligations in section 10, Consultant will procure and maintain throughout the period of this Agreement, the following po1icies-of ins-urance an-a e-ndorsemenfs from insurers (if other tnan the State Compensation Fund) with a current A.M. Best rating of no less than A:VII or its equivalent against injury/death to persons or damage to property which may arise from or in connection with the activities hereunder of Consultant, its agents, employees or subcontractors:
11.1. General Liabil ity Policy. Comprehensive or Commercial General Liability Insurance ("CGL") at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001 ), in an amount of $1,000,000 per occurrence. If the Services involve explosive, underground or collapse risks, XCU will be included. If a general aggregate limit is used, either the general aggregate limit will apply separately to this Agreement or the general aggregate will be twice the required occurrence limit.
11.2. Automobile Liability Policy. Automobile liability insurance with coverage at least as broad as ISO Form numbers CA 0001 06 92, Code 1 (any auto), for vehicles used in the performance of this Agreement with minimum coverage of not less than $1,000,000 per accident, combined single limit.
11.3. Workers' Compensation. Workers' Compensation insurance meeting statutory limits of the Labor Code. The workers' compensation policy will contain or be endorsed to contain a waiver of subrogation against the City, its officials, officers, agents, and employees.
11.4. Professional Liability. Professional liability insurance insuring against Consultant's errors and omissions in performing the Services, with a policy limit of at least $1,000,000. The professional liability insurance will include prior acts coverage sufficient Agreement 3386 96
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to cover all Services provided by Consultant, and which will remain in effect for four years following expiration or termination of this Agreement.
11.5. Endorsements. The CGL and automotive liability policies will contain or be endorsed with the following provisions:
11.5.1 . The City, its officers, elected or appointed officials, employees, volunteers, and agents, are covered as additional insureds for liability arising out of the operations performed by or on behalf of Consultant. The coverage will contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, volunteers, and agents.
11.5.2. The Consultant's insurance is primary and no insurance held by the City will be called upon to contribute to a loss. The inclusion of more than one insured will not operate to impair or limit the rights of one insured against another, and the coverage will apply as though separate policies have been issued to each insured. 11 .6. All Policies.
11.6.1 . For all insurance policies required under this Agreement, prior to the City's execution of this Agreement, Consultant will furnish the City with certificates and original endorsements effecting the required coverage. Each certificate of insurance will state that the coverage afforded by the policy or policies will not be reduced , cancelled, or allowed to expire without at least 30 days written notice to City, unless due to non-payment of premiums, in which case at least 10 days written notice is required. Notice required under this subsection will be sent by certified mail. Each required policy will include an endorsement providing that the insurer agrees to waive any right of subrogation it may have against the City. The endorsements will be on forms provided by City or as approved by City's Risk Manager.
11.6.2. Any deductible or self-insured retention of $100,000 or more will be disclosed to the City prior to the City's execution of this Agreement and is subject to approval by the City.
11.6.3. If Consultant does not keep all required insurance policies in full force and effect, the City may, in addition to other remedies under this Agreement, terminate or suspend this Agreement.
12. CONFLICTS OF INTEREST. Consultant warrants that as of the Effective Date of this Agreement it has no interest and will not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the Services. Consultant further warrants that in the performance of the Services, Consultant will not employ or enter into a subcontract with any person or entity having any such conflict of interest.
12.1. Financial Interest. Consultant will not make or participate in making or in any way attempt to use Consultant's position to influence a City decision in which Consultant Agreement 3386 97
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knows, or has reason to know, Consultant has a financial interest other than the compensation promised by this Agreement. Consultant represents that it has diligently conducted a search and inventory of its financial interests, as defined in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have a financial interest that would conflict with Consultant's duties under this Agreement. Consultant will immediately notify the City in writing if Consultant learns of a financial interest that may conflict with Consultant's obligations under this Agreement.
12.2. Covenant Against Contingent Fees. Consultant warrants that it has not employed, retained, or entered into a contract with any person or entity, other than a bona fide employee working for the Consultant, to solicit or secure this Agreement; and that it has not paid or agreed to pay any person or entity, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the making of this Agreement. For breach or violation of this warranty, the City may void this Agreement without liability or any further obligation to Consultant, or, alternatively, may elect to deduct from payments due or to become due to Consultant, the full amount of such fee, commission, percentage, brokerage fee, gift, or other consideration.
- ~ 2.3. Statement of Econemic Interest. If the City determines-Consultant (or any of its employees or subconsultants) is subject to disclosure requirements under the Political Reform Act (Government Code section 87100 et seq.), Consultant (including any required employees or subconsultants) will complete and file a "Statement of Economic Interest" (Form 700) with the City Clerk's Office disclosing Consultant's financial interests.
13. COMPLIANCE WITH LAW.
13.1. Legal and Licensing Compliance. Consultant will comply with all applicable federal, state and local laws, rules, and regulations related to the Services under this Agreement. Consultant represents and warrants to City that Consultant has and will keep in effect during the term of this Agreement all licenses (including, but not limited to, the City of Oroville business license), permits, qualifications, and approvals of whatsoever nature which are legally required for Consultant to practice Consultant's profession or perform the Services.
13.2. Nondiscrimination. At all times during the term of this Agreement, Consultant will comply with all applicable federal, state, and local laws, rules, and regulations prohibiting discrimination based on race, ethnicity, color, national origin, religion, marital status, age, sex, sexual orientation, disability (including any physical or mental impairment that substantially limits a major life activity), medical condition, or any protected class.
13.3. Taxes. Consultant will file tax returns as required by law and pay all applicable taxes on amounts paid pursuant to this Agreement. Consultant will be solely liable and responsible to pay such taxes and other obligations, including, but not limited to, state and federal income and FICA taxes.
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13.4. Provisions Deemed Inserted. Every provision of law required to be inserted or referenced in this Agreement will be deemed to be inserted or referenced .
14. GENERAL PROVISIONS.
14.1. Headings. The heading titles for each section of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.
14.2. Severability. l.f any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement will be construed as not containing that term, and the remainder of this Agreement will remain in full force and effect; provided, however, this section will not be applied to the extent that it would result in a frustration of the parties' intent under this Agreement.
14.3. Governing Law, Jurisdiction, and Venue. The interpretation, validity, and enforcement of this Agreement will be governed and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement will be filed and heard in a court of competent jurisdiction in the County of Butte.
14.4. Attorney's Fees. If any litigation is commenced to enforce or interpret this Agreement, the prevailing party is entitled to reasonable attorney's fees, costs, and expenses incurred.
14.5. Assignment and Delegation. This Agreement will not be assigned or transferred in whole or in part, nor will any of the Consultant's duties be delegated, without the City's prior written consent. Any attempt to assign, transfer, or delegate this Agreement, in whole or any part, without the City's prior written consent will be void and of no force or effect. Any consent by the City to one assignment, transfer, or delegation will not be deemed to be consent to any subsequent assignment, transfer, or delegation.
14.6. Modifications. This Agreement may not be amended or modified orally. No amendment or modification of this Agreement is binding unless it is in a writing signed by both parties.
14.7. Waivers. No waiver of a breach, default, or duty under this Agreement will be effective unless it is in writing and signed by the party waiving the breach, default, or duty.
Waiver of a breach, default, or duty under this Agreement will not constitute a continuing waiver or a waiver of any subsequent breach, default, or duty under this Agreement.
14.8. Entire Agreement. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the Services. This Agreement supersedes all prior negotiations, agreements, Agreement 3386 99
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and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all. If any provision in any document attached or incorporated into this Agreement conflicts or is inconsistent with a provision in the body of this Agreement, the provisions in the body of this Agreement will control over any such conflicting or inconsistent provisions.
14.9. Interpretation. Each party to this Agreement has had an opportunity to review the Agreement, and to consult with its respective legal counsel regarding the meaning of the Agreement. Accordingly, Civil Code Section 1654 will not apply to interpret any uncertainty in the meaning of the Agreement.
15. SIGNATURES.
15 .1 . Counterparts. This Agreement may be executed in counterparts, each one of which is deemed an original, but all of which together constitute a single instrument.
15.2. Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Consultant and the City. - - - #####
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on the Effective Date set forth below.
CITY: CONSUL TANT:
CITY OF OROVILLE, JENNIFER ARBUCKLE CONSUL TING,
a California charter city,
ATTEST:
Date: _ _ _ ___ ___ ___ ___ ("Effective Date")
APPROVED AS TO FORM:
Scott
~ Huber, City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE
1) SCOPE OF SERVICES. Consultant will perform the Services described in this Exhibit "A," in accordance with the terms of the Agreement.
2) SCHEDULE OF PERFORMANCE.
a) REQUESTS FOR SERVICES. Upon request by City, Consultant will provide the Services described above, beginning and ending on dates as provided in the individual tasks orders. The Services will be provided for a variety of individual matters, as required by the City. Upon request by the City's Authorized Representative for Consultant to perform Services for a particular matter, Consultant will provide a written estimate of the time within which Services for the matter will be completed, and the estimated cost for providing the requested Services. Following written authorization from the City's Authorized Representative, Consultant will perform and complete the Services as specified in the written authorization. Consultant is not entitled to payment for any Services performed without a written authorization, or for Services that exceed the scope of a written authorization. For purposes of this Section, the written estimate and written authorization maybe provided on paper or in-an e-lectroniciorm. 3) PREVAILING WAGE COMPLIANCE. If this Agreement includes work performed during the "design and preconstruction phases of construction" (including inspection or field surveying Services), as defined by "Prevailing Wage Laws" (as set forth in the California Labor Code, including section 1720 et seq.), the City hereby determines that those Services are "public works," and this Agreement is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, and all related regulations, including requirements pertaining to wages, working hours, and workers' compensation insurance, and the following provisions. Subconsultants performing "public works" under this Agreement are subject to all of the requirements of this Section. 4) PREVAJLING WAGES. Consultant must comply with the prevailing wage requirements applicable in Butte County for each craft, classification, or type of worker needed to perform the Services, including employer payments for health and welfare, pension, vacation, and apprenticeship. The prevailing wage rates are on file with the City Engineer's office and are also available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Consultant will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each such worker the difference between the applicable prevailing wage rate and the amount actual paid to the worker. 5) WORKING HOURS. Pursuant to Labor Code section 1810, eight hours of labor constitutes a legal day's work. Pursuant to Labor Code section 1813, Consultant will forfeit to City as a penalty, the sum of $25 for each day during which a worker employed by Consultant is required or permitted to work more than eight hours during any one Agreement 3386 102
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calendar day, or more than 40 hours per calendar week, unless such worker is paid overtime wages pursuant to Labor Code section 1815. All Services must be performed during City's regular business days and hours, except as otherwise specified in this Agreement or subject to City's prior written authorization. 6) PAYROLL RECORDS. Consultant must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and any implementing regulations promulgated by the Department of Industrial Relations ("DIR"). For each payroll record, Consultant must certify under penalty of perjury that the information in the payroll is true and correct and complies with the requirements of Labor Code sections 1771, 1861, and 1815. Consultant must electronically submit certified payroll records as required by Labor Code section 1771.4(a).
7) APPRENTICES. If the total compensation payable under this Agreement is $30,000 or more, Consultant must comply with the apprenticeship requirements in Labor Code section 1777.5.
8) COMPLIANCE. The Agreement is subject to compliance monitoring and enforcement by the DIR. Pursuant to Labor Code section 1725.5, Consultant must be registered with the DIR to perform public works projects, subject to any applicable exceptions, if any. Consultant must post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4. Pursuant to Labor Code section 1861, by executing this Agreement, Consultant certifies as follows: "I am aware of the provisions of Labor Code 3700 which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing performance of the work on this contract."
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EXHIBIT "B" COMPENSATION RATES AND CHARGES
1. AUTHORIZED HOURLY RATES:
Consultant will be compensated for time reasonably necessary to provide the Services based on the following hourly rate schedule, subject to the not-to-exceed limit in Section
2.1 of the Agreement. Specific personnel shall be identified in task orders.
Jennifer Arbuckle Consulting
Hourly Rate: $95.00 per hour (not to exceed 100 hours per week)
2. AUTHORIZED EXPENSES AND RA TES:
Notwithstanding the requirements of Section 2.2 of the Agreement, the Consultant is not required to identify hourly rates for Services performed under this Agreement. Rather, the Consultant will submit invoices to the City based on completion of the "Performance Tasks" identified in task orders, for which, upon approval of completion by the City's Authorized Representative, the City will pay the Consultant within 30 da9s after approval of each invoice the corresponding lump sum payment, as set forth in task orders subject to the not-to-exceed limit in Section 2.1 of the Agreement:
Exhibit B 1
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CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BILL LAGRONE, CHIEF OF POLICE
RE: ANNUAL USE OF “MILITARY EQUIPMENT” AS DEFINED IN THE
OROVILLE MUNICIPAL CODE
DATE: AUGUST 15, 2023
SUMMARY
The Council will receive the Oroville Police Department Annual Military Equipment Use Report for 2023. The report contains a summary of the Military equipment quantity possessed.
DISCUSSION
In accordance with Ordinance No. 1865, the Oroville Police Department shall annually submit a Military Equipment Report. This report shall be submitted and publicly released, and within 30 days hold at least one well-publicized and conveniently located meeting, where the public can ask questions.
In early 2022, the City of Oroville adopted an ordinance and policy which allowed the Oroville Police Department (OPD) to use “military equipment” as defined in Government Code sections 7070 through 7075. These sections of the Government Code also require a public agency that utilizes “military equipment” to provide an annual report on the ownership and use of such equipment.
Items deemed to be “military equipment” by Government Code sections 7070 through 7075 are used as a component of overall best practices for Law Enforcement Agencies (LEAs) throughout the country. These tools have been tested in the field, and are used by LEAs to enhance citizen and officer safety. Loss of these items would jeopardize the welfare of citizens and peace officers within the Oroville Police Department.
The term “military equipment” in fact does not necessarily indicate equipment that has been used by the military. Pursuant to Government Code sections 7070 through 7075, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control 105
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vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs.
The Oroville Police Department is committed to using the most up to date tools and equipment to safeguard the citizens of the City of Oroville. Some of the items deemed to be “military equipment” by Government Code sections 7070 through 7075 are utilized by OPD, and LEAs across the country, in order to specifically reduce risk to community members. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. The items listed in the Military Equipment Use Policy, also provide OPD’s peace officers with vital tools that facilitate compliance with its stringent use of force policy.
An annual report is required pursuant to Government Code sections 7070 through 7075. The report is required to include the following items:
1. A summary of how the Military Equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the Military Equipment.
3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.
4. The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.
5. The quantity possessed for each type of Military Equipment.
6. If the law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.
FISCAL IMPACT:
None
RECOMMENDATION
Receive public input and approve report.
ATTACHMENTS
Annual report of Military Equipment use
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ANNUAL REPORT OF MILITARY EQUIPMENT USE
2023
Pursuant to Government Code section s 7070 through 7075, the City of Oroville Police Department is required to provide an annual report outlining the use of “military equipment” as defined in the Government Code and in the Oroville Municipal Code Chapter 9.25. The annual report is required to include the following information:
1. A summary of how the Military Equipment was used and the purpose of its use (provided below).
2. A summary of any complaints or concerns received concerning the Military Equipment:
None 2022/2023.
3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response: None 2022/2023.
4. The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing cost, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report (provided below).
5. The quantity possessed for each type of Military Equipment (provided below).
6. If the law enforcement agency intends to acquire additional Military Equipment om the next year, the quantity sought for each type of Military Equipment (provided below).
Summary of Military Equipment Utilized – Cost – and Quantity Possessed Unmanned Aerial Systems
a. Description, Quantity, Capabilities, and Purchase Cost:
DJI M300 with HT20 drone, Quantity 1, Cost $25,000 each The Mavic 2 Enterprise was specifically built to serve industries and applications in public safety, inspection, search & rescue, fire response, and law enforcement. This Unmanned Aerial System (UAS) is a battery powered, remote operated device with a mounted camera, light and infrared imaging device. This UAS has proven to be useful to public safety agencies in firefighting, search and rescue, pre-operational surveillance, and other tactical situations where aerial views enhance the safety and efficiency of public safety personnel. This UAS has a flight time of 45 minutes.
CITY OF OROVILLE
POLICE DEPARTMENT
2055 LINCOLN STREET ● OROVILLE, CA 95966-5385
530-538-2448
Fax: 530-538-2409
Bill LaGrone, Jr.
Chief of Police
530-538-2451
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b. Purpose: May be deployed when an arial view would enhance situational. awareness and assist officers or incident commanders during, but not limited to, the following occurrences:
Arrest/Search Warrant
CBRNE (Chemical, Biological, Radiological, Nuclear, Explosives) Crowd Control/Special Events
Dignitary Protection Detail
Disaster Management
Ongoing Criminal Investigation
Explosive Ordnance Disposal/Investigation
Fire
Forensic/Crime Scene
Missing Persons Investigations
Perimeter Search and Security
Search and Rescue
Traffic Collision
Training
Public Relations/Multimedia Productions
Assisting outside agencies in any of the above situations Assisting other City of Oroville departments with carrying out their mission of better serving Oroville residents and visitors.
c. Authorized Use: UAS may be utilized to enhance the department’s mission of protecting lives and property when other means and resources are not available or are less effective. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of UAS shall not be used in the following circumstance:
To conduct random surveillance.
To target a person based solely on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability. To harass, intimidate, or discriminate against any individual or group. To conduct personal business of any type.
UAS shall never be weaponized.
d. Expected Lifespan: 5 – 10 years
e. Fiscal Impact: $500 - $1000 battery replacement
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Specialized Firearms
a. Description, Quantity, Capabilities, and Purchase Cost: Rifles are firearms that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance. Rifles are magazine fed and either bolt-action or semi-automatic. Rifles can be configured for different purposes such as patrol, traffic motorcycle. The cost of the weapon greatly depends on the configuration. The below costs are averages. Submachine guns are magazine fed automatic carbines designed to fire handguns cartridges.
Colt AR15-A1 5.56, Quantity 15, Cost $1400 each
Remington 700 .308, Quantity 1, Cost $1400 each
Springfield M1A .308, Quantity 1, Cost $1200 each
Plainfield M1 Carbine .30, Quantity 1, Cost $900 each
Heckler and Koch MP5 submachine gun 9mm, Quantity 3, Cost $2300 each Winchester.308 WIN Match, Quantity 100 Cost $2 each
165 gr specialized duty ammunition for the Patrol Officer Hornady TAP 5.56 NATO, Quantity 1,800
75 gr ammunition for duty carbine rifles
Hornady TAP .223 Training .223 REM, Quantity 9,700
55 gr practice rounds used for qualifications and training Federal 12g. Slug 1oz, Quantity 1295
1oz slug used by Patrol Officers
b. Purpose: To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and desirable. c. Authorized Use: Only POST certified and department trained officers may use rifles.
All personnel who are authorized to use a rifle must demonstrate proficiency annually. d. Expected Lifespan: Lifespans vary, and some have none as parts can be changed. e. Fiscal Impact: Annual maintenance is approximately $50 for each weapon. 109
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Distraction Devices
a. Description, Quantity, Capabilities, and Purchase Cost:
Defense Technology Mutli-Port Distraction Device, Quantity 3, Cost $60 Defense Technology Fuse, Quantity 15, Cost $34
A non-bursting, non-fragmenting reusable device that produces a loud noise with an intense bright light. These distraction devices are commonly referred to as “flashbangs” and they are extremely useful for distracting dangerous persons during assaults, hostage rescues, and other high-risk arrest situations. The devices are re-usable up to 25 times by replacing the fuse. b. Purpose: To produce a distraction with a loud noise and bright light in order to provide a tactical advantage for officers.
c. Authorized Use: Distraction devices shall only be used by officers who have been trained in their use during hostage or barricaded subject situations, situations that pose a high risk of death or serious bodily injury to officers, or during training exercises. d. Expected Lifespan: 5 years
e. Fiscal Impact: Replace fuses and bodies as needed. Currently about 0 replaced a year for an average cost $0 annually.
Chemical Agents and Smoke Canisters
a. Description, Quantity, Capabilities, and Purchase Cost: Chemical Agents munitions, which are commonly referred to as “tear gas,” can be used by the Oroville Police Department as a non-lethal tool to disperse rioting suspects or barricaded subjects. The Oroville Police Department uses chemical agents which are used by law enforcement agencies across the United States: CS (2-Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and the US, specifically by the US Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5 oz or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).
Defense Technology Riot Control Continuous Discharge CS, Quantity 1, $33 each
The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the canister. This grenade dispels smoke as well as CS which allows for concealed tactical movement as well as crowd displacement.
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Sage Control Ordnance 37MM Sage CS Smoke, Quantity 10, Cost $18 each A less lethal 37MM spin stabilized impact baton fire from a multi-round purpose built 37MM launcher with a rifled barrel. 37MM SAGE RIFLED - IRRITANT SMOKE MODEL: KO2 The KO2 is a pyrotechnic irritant smoke munition primarily used for crowd management situations. It is designed to be used to deny specific outdoor area occupation and to relocate or move unruly crowds. In a single source configuration, the KO2 is offered in short- and long-range variations. b. Purpose: To de-escalate a potentially deadly situation, with a reduced potential for death or serious physical injury to all persons, when a decision has been made to restrain or arrest a violent or threatening subject(s). c. Authorized Use: Chemical Agents may be used for crowd control, crowd dispersal, or against barricaded suspects based on the circumstances. Only the Watch Commander, Incident Commander, or Tactical Commander may authorize the delivery and use of tear gas, and only after evaluating all conditions known at the time and determining that such force reasonably appears justified and necessary.
d. Expected Lifespan: All chemical agents have a life span of 5 years e. Fiscal Impact: Replace expired or used chemical agents- $500 annually Less Lethal Impact Weapons
a. Description, Quantity, Capabilities, and Purchase Cost:
Penn Arms 37MM 6 Shot Launcher, Quantity 1, Cost $2,700 The 37MM 6 shot launcher is a tactical 6 shot launcher that fires a standard 37MM less lethal ammunition up to 131ft. This launcher provides multi-shot capability before having to reload.
Tru Flite 37 MM Super Long Range Gas Gun, Quantity 1, Cost $700 The 37MM single shot launcher is a tactical single shot launcher that fires a standard 37MM less lethal ammunition up to 350 yards. This launcher is a breach loaded and must be reloaded after each use.
Remington 870 Less Lethal Shotgun, Quantity 8, Cost $500 each The Remington 80 Less Lethal Shotgun is used to deploy the less lethal 12- gauge Super-Sock Beanbag Round up to 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of de-escalation. 12-Gauge Super-Sock Beanbag Round, Quantity 55, Cost $5 each 111
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A less lethal 2.4 inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams or lead shot at a velocity of 270-290 feet per second. These rounds are discharged from a Remington 870 12-guage shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than 5 feet. The maximum effective range of this munition is up to 75 feet.
Sage Control Ordnance 37MM Sage Rifled-Impact, Quantity 27, Cost $18 each A less lethal 37MM spin stabilized impact baton fire from a multi-round purpose built 37MM launcher with a rifled barrel at up to 240 feet per second. The 72.2- gram Polyurethane Ogive & two (2) Nylon rotating bands projectile delivers 162/lbs. of energy upon impact.
The KO1 is a direct fire modular impact baton round that is designed to be used in situations where kinetic energy is preferred for the incapacitation of hostile and/or non-compliant individuals.
Available in either standard energy or less-energy variations. The KO1 is reloadable and is available with smokeless or black powder blended propelling charges to provide law enforcement with affordable realistic training capabilities.
Sage Control Ordnance 37MM Sage Rifled-Impact, Quantity 27, Cost $18 each A less lethal 37MM spin stabilized impact baton fire from a multi-round purpose built 37MM launcher with a rifled barrel at up to 240 feet per second. The 72.2- gram Polyurethane Ogive & two (2) Nylon rotating bands projectile delivers 162/lbs. of energy upon impact.
The KO1 is a direct fire modular impact baton round that is designed to be used in situations where kinetic energy is preferred for the incapacitation of hostile and/or non-compliant individuals.
Available in either standard energy or less-energy variations. The KO1 is reloadable and is available with smokeless or black powder blended propelling charges to provide law enforcement with affordable realistic training capabilities. b. Purpose: Less Lethal munitions can be used to de-escalate a potentially deadly situation, with a reduced potential for death or serious physical injury. c. Authorized Use: Less lethal munitions may be used by those officers trained in their use in the following type of situations, but are not limited to these situations:
Persons armed with a weapon and the tactical circumstances allow for the safe application of the approved munitions
Persons making credible threats to harm themselves or others. Persons engaged in riotous behavior such as throwing rocks, bottles, or other dangerous projectiles at people or officers.
d. Expected Lifespan:
All launchers and less lethal shotguns – 10 years
All munitions 5 years
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e. Fiscal Impact: Replace stock as needed (varying cost) and maintenance cost of launchers/shotguns ($100 annual)
The Oroville Police Department only intends on replenishing ammunition supply as necessary. No new “Military Equipment” is anticipated to be purchased as of the writing of this report.
I certify that the above information is correct to the best of my knowledge and information. _________________________________
Bill LaGrone, Chief of Police
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CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN AND OROVILLE CITY COUNCIL MEMBERS
FROM: BILL LAGRONE, CHIEF OF POLICE
RE: PURCHASE OF MOBILE AUDIO AND VIDEO SYSTEMS FOR
MARKED PATROL VEHICLES AND INTERVIEW ROOM CAMERA
SYSTEM UPGRADE FROM AXON ENTERPRISES, INC.
DATE: AUGUST 15, 2023
SUMMARY
The City Council will consider authorizing the Police Department to purchase mobile audio and video systems for police vehicles and interview room camera system that integrates with current evidence storage system.
DISCUSSION
The Police Department currently uses video and audio technology to maintain its commitment to transparency and accountability. One of the tools currently deployed is body-worn cameras (BWC). BWC’s are issued to all sworn personnel and manually activated/utilized in situations where officers are engaging with members of the public.
The Police Department does not currently have Mobile Audio and Video (MAV) systems in marked police vehicles. MAV systems in addition to BWC’s videos, offer an unbiased view of the interaction between sworn Department members and the community.
Utilizing the MAV in conjunction with the BWC’s is an important redundancy in order to present the most complete accounting of an incident. MAV’s are especially important since the BWC’s often have an obstructed view or are dislodged in a physical altercation.
The Police Department has identified Axon as the preferred vendor for the MAV system.
Axon’s Fleet 3 captures a forward-facing view of the marked police vehicle and a rearfacing view of the prisoner transport compartment. Axon Fleet 3 is compatible with the Department’s current Axon BWC’s. Axon Fleet 3 turns on Axon’s MAV and BWCs simultaneously when any of the selectable activation triggers are sensed. Some of the activation triggers are the use of emergency lighting and or siren, collision detection, exceeding preset maximum speed, rapid acceleration, rapid deceleration, the opening of prisoner compartment doors, activation of the BWC, and manual activation. 114
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Upon activation, MAV captures thirty seconds of video prior to the activation and remains recording video and audio until manually turned off at the conclusion of the incident.
Axon Fleet 3 uses Evidence.com which is the same digital evidence and storage management system the Department currently used for our BWC’s. Evidence from the MAV will be automatically uploaded to Evidence.com by Axon Fleet 3. One feature of Evidence.com is that it allows for playback of different camera views in a multi-cam feature that plays videos recorded by MAV’s and BWC’s synchronized by location and time in one screen view.
The Department obtained a quote from Axon Enterprises Inc. for a 5-year purchase agreement for Axon Fleet 3 for twenty-five (25) marked police vehicles. The agreement spreads the cost of the purchase across the term and includes the devices, warranty, installation, training, and unlimited digital evidence storage.
In addition, the Police Department is requesting to update the camera system in the interview room of the Police Department. The interview room camera is a critical piece of equipment and is used to capture video of criminal and witness interviews. Often times when an event has just occurred those involved need to be interviewed to get an initial statement. That initial statement will be used later to verify the veracity of the statement against statements that are made at a later date. If the initial statement is lost or not of a useable quality the opportunity is lost. The AXON system again integrates with our BWC,s. and MAV systems and with our Evidence storage system.
This system installation is all inclusive, not an annual lease purchase. For additional details of system, see attached quote.
FISCAL IMPACT:
Contract cost for 5 years for MAV system is $395,320.20, Cost per year is $79,047.63.
This funding is included in the 2023/2024 budget. Appropriations are available in the Public Safety Augmentation Fund 151.1660.6420.
The cost for the Interview room camera system is a onetime purchase to include all hardware, software, and labor is $35,492.14. Appropriations are available in the Public Safety Augmentation Fund 151.1660.6420.
RECOMMENDATION
City Council approve the Chief of Police to enter into a 5-year agreement with Axon for the purchase of the Axon Fleet system for twenty-five (25) vehicles.
City Council authorize the Chief of Police, with the approval of the City Administrator, to add additional vehicles to the agreement during the term of the agreement provided funding is available.
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City Council approve the purchase of the upgraded interview room camera system.
ATTACHMENTS
Axon Fleet 3 quotes for five-year quote
Axon Interview room camera system
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Q-469685-45049.693TR
Issued: 05/03/2023
Quote Expiration: 09/30/2023
Estimated Contract Start Date: 10/01/2023
Account Number: 113458
Payment Terms: N30
Delivery Method:
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Business;Delivery;Invoice-2055 Lincoln St Oroville Police Dept. - CA Thom Ruseva-Mahan Tyson Pardee 2055 Lincoln St 2055 Lincoln St Phone: +1 4804148450 Phone: (530) 538-2493 Oroville, CA 95966-5325 Oroville, CA 95966-5325 Email: [email protected] Email: [email protected] USA USA Fax: +1 4809993359 Fax:
Email:
Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year ($351.24) TOTAL COST $34,393.80
ESTIMATED TOTAL W/ TAX $35,492.12 TOTAL SAVINGS ($1,756.20) Payment Summary
Date Subtotal Tax Total
Sep 2023 ($0.02) $0.00 ($0.02)
Oct 2023 $34,393.82 $1,098.32 $35,492.14
Total $34,393.80 $1,098.32 $35,492.12
Axon Enterprise, Inc.
17800 N 85th St.
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
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Quote Unbundled Price: $32,637.60
Quote List Price: $34,393.80
Quote Subtotal: $34,393.80
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
IR1CA Interview Room 1 Camera Standard 1 60 $543.96 $573.23 $573.23 $34,393.80 $1,098.32 $35,492.12 Total $34,393.80 $1,098.32 $35,492.12
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Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
Interview Room 1 Camera Standard 50118 INTERVIEW - MIC - WIRED (STANDARD MIC) 1 09/01/2023 Interview Room 1 Camera Standard 50294 INTERVIEW - SERVER - LITE 1 09/01/2023 Interview Room 1 Camera Standard 50298 INTERVIEW - CAMERA - OVERT DOME 1 09/01/2023 Interview Room 1 Camera Standard 50322 INTERVIEW - TOUCH PANEL PRO 1 09/01/2023 Interview Room 1 Camera Standard 74056 INTERVIEW - TOUCH PANEL WALL MOUNT 1 09/01/2023 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date Interview Room 1 Camera Standard 50037 INTERVIEW - SOFTWARE - CLIENT (PER TOUCH PANEL-PC) 1 10/01/2023 09/30/2028 Interview Room 1 Camera Standard 50039 INTERVIEW - SOFTWARE - CLIENT MAINTENANCE (PER TOUCH PANEL-P 1 10/01/2023 09/30/2028
Interview Room 1 Camera Standard 50041 INTERVIEW - SOFTWARE - STREAMING SERVER LICENSE (PER SERVER) 2 10/01/2023 09/30/2028
Interview Room 1 Camera Standard 50043 INTERVIEW - SOFTWARE - STREAMING SERVER MAINTENANCE (PER SER 2 10/01/2023 09/30/2028
Interview Room 1 Camera Standard 50045 UNLIMITED INTERVIEW ROOM CLOUD STORAGE 1 10/01/2023 09/30/2028 Interview Room 1 Camera Standard 73840 EVIDENCE.COM BASIC ACCESS LICENSE 1 10/01/2023 09/30/2028 Services
Bundle Item Description QTY
Interview Room 1 Camera Standard 85170 INTERVIEW - SERVICE - STANDARD INSTALL AND SETUP (PER ROOM) 1 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date Interview Room 1 Camera Standard 50448 EXT WARRANTY, INTERVIEW ROOM 1 09/01/2024 09/30/2028 119
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Payment Details
Sep 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 IR1CA Interview Room 1 Camera Standard 1 ($0.02) $0.00 ($0.02) Total ($0.02) $0.00 ($0.02)
Oct 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment IR1CA Interview Room 1 Camera Standard 1 $34,393.82 $1,098.32 $35,492.14 Total $34,393.82 $1,098.32 $35,492.14
Sep 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 IR1CA Interview Room 1 Camera Standard 1 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00
Sep 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 IR1CA Interview Room 1 Camera Standard 1 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00
Sep 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 IR1CA Interview Room 1 Camera Standard 1 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00
Sep 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 IR1CA Interview Room 1 Camera Standard 1 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00
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Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.
Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.
ACEIP:
The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.
Acceptance of Terms:
Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. 121
Item 7.
\s1\ \d1\
Signature Date Signed
5/3/2023
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S T A T EME N T OF WOR K FOR T H E
IMP L EME N T A T ION OF A XON I N T E R V I EW ROOM
FOR OROV I L L E POL I C E D E P T . - C A (" SOW” )
Submitted By:
Axon Enterprise, Inc. (Axon) North 85
t h Street
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PAGE2
1 . P R O J E C T O V E R V I E W :
1 . 1 S O F T W A R E
The hardware and software detai led in this SOW includes, the l isted functional ity. Axon Interview Room
1 . 2 D E F I N I T I O N S
T E R M D E F I N I T I O N
P A R T I E S
Agency Oroville Police Dept. - CA who is identified within this SOW End-Users Specific Agency groups that will use the system Professional Services The services that Axon will provide within the scope of this SOW
S Y S T E M S
Axon Systems Software solutions and Agency specific integrations developed by Axon CJIS The Federal Bureau of Investigation’s Criminal Justice Information System NCIC National Crime Information Center
Product The hardware and software solution being implemented as part of this SOW Production Environment The operational environment where the Product will be accessed
P R O J E C T & M I L E S T O N E S
Project Scope of this SOW as defined by the work to be completed described herein Project Change Order (PCO) Change order form outlined in Attachment B to be executed between Axon and Agency if a material change in scope is required to this SOW
A C C E P T A N C E
Blocker Issue impacting 50% or more users
Functional Acceptance Testing Testing the functionality of the system as configured for Agency 124
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1 . 3 O U T O F P R O J E C T S C O P E
Axon is only responsible for performing the Professional Services described within this SOW. Any additional Professional Services that are not defined expl icitly by this SOW shal l be done so through a Project Change Order. The fol lowing are considered outside the scope of this Project:
Administration, management, or support of any internal City, County, State, Federal or Agency IT network or infrastructure Third Party Products and Services costs related to the vendors or Agency’s cost of implementing the vendors or Agency’s side of the integration
Changes made by Agency or Agency’s vendors
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2 . P R O F E S S I O N A L S E R V I C E S :
2 . 1 G E N E R A L
Axon wi l l provide a project manager throughout entire project. 2 . 2 H A R D W A R E
2.2.1 HQ
Axon wi l l supply 2 Servers.
H Q
o If agency grants access, Axon wi l l unbox and rack servers. o Agency wi l l ensure servers are powered on with Windows instal led prior to Instal l date. o Agency may setup server per agencies standards for things such as, joining to the domain, antivirus, firewal ls, etc, so long as they do not degrade operations of Interview Server(s) o Agency wi l l provide onsite and remote access to Interview Server(s) as required by Axon instal lers. Axon wi l l then configure the Interview Server(s).
H Q
Agency wi l l supply Network Switches.
Axon Professional Services wi l l provide network cabl ing. Agency wi l l configure al l network equipment.
Agency wi l l prepare al l rooms prior to instal lation. o Removing al l evidence from room.
o Removal of existing video solution. Axon wi l l work on instal lation timing with Agency to ensure an adequate number of rooms are avai lable when possible.
H Q
Axon wi l l mount/place Touch Panels Wal l mounted outside each room IR
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I R
o Axis P3245-LV Overt Dome Camera
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PAGE6
2 . 3 I N T E R V I E W S O F T W A R E
Agency wi l l ensure an appropriate resource is avai lable to configure/troubleshoot network communications between onsite Interview Hardware. Agency wi l l also assist in configure/troubleshoot connection to Axon Evidence. Agency may setup server per agencies standards for things such as, joining to the domain, antivirus, firewal ls, etc, so long as they do not degrade operations of Interview Server(s) Axon wi l l instal l Axon Interview Server Appl ication, Agency may be required to provide appropriate permissions/credentials. Axon wi l l instal l and configure Touch Panel Software. 2 . 4 R E A D I N E S S
Axon wi l l supply Agency with copy of current QA/Testing Checkl ist. Axon wi l l complete QA/Testing Checkl ist per room consisting of:
o Hardware Wiring
o Hardware Mounting
o Hardware Functional ity
o Firmware Updates
o Software Instal l and Configuration
o Functional Test of al l features
2 . 6 T R A I N I N G
Axon wi l l provide training materials that may be used by agency. Training materials wi l l be customized for agencies environment where appl icable.
Agency wi l l provide faci l ities and equipment for conducting the Training. Train the Trainer: Axon wi l l provide session(s), materials and support al lowing Agency’s in-house trainers to conduct their own Training. Agency is responsible for updating al l Training materials after final acceptance. 128
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3 . P R O J E C T MA N A G EME N T :
3 . 1 M A N A G E M E N T R E S O U R C E S
Both Parties wi l l assign a Point of Contact, Project Manager, or Project Coordinator to ensure completion of del iverables. Axon’s Project Coordinator wi l l ensure al l team members from Axon and Agency are continual ly updated on the status of the Project.
3 . 2 R E Q U I R E M E N T S P L A N N I N G
Al l Proposed Project timel ines wi l l be documented during Project Management Kickoff cal l. Once al l requirements are agreed to, Axon’s Project Coordinator wi l l work with Agency’s Project Manager to develop a Project plan for Axon’s implementation.
3 . 3 C H A N G E C O N T R O L
If any changes in the Project cause a material increase or decrease in fees, as determined by Axon, an adjustment in the fees wi l l be agreed upon and included in a signed PCO form. Agency acknowledges a proposed change request might have an impact on both schedul ing and cost for the Project that wi l l be outl ined in the PCO form.
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4 . A G E N C Y C OMMI TME N T S :
Ensure the reasonable avai labi l ity for meetings, phone or emai l of knowledgeable staff and personnel to provide timely and accurate documentation and information to Axon.
Identify hol idays, non-workdays or major events that may impact the Project. Ensure Agency desktop or mobi le systems and devices can access the Product. Make avai lable relevant systems if needed for assessment by Axon (including making these systems avai lable to Axon via remote access if possible).
Technical Systems Requirements
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5 . S U P P O R T :
Axon wi l l provide on-site instal ler/trainer support as part of project. The Product undergoes updates and enhancements which Agency wi l l automatical ly receive. Axon wi l l provide Agency’s End Users access to the help.axon.com support portal to submit and review service tickets. For Technical Support assistance, Agency may contact a Technical Support representative at 800-978-2737, or via emai l at [email protected]. Onl ine, emai l-based support and remote-location troubleshooting are included on an ongoing basis as part of Agency’s investment in the Axon ecosystem. Phone support is avai lable 24/7. 131
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6 . T E RMS A N D C O N D I T I O N S :
This SOW is governed by the Master Services and Purchasing Agreement executed by the Parties.
A X O N E N T E R P R I S E , I N C .
Signature: _____________________
Name: _________________________
Title: _________________________
Date: _________________________
A G E N C Y
Signature: _________________________
Name: ____________________________
Title: _____________________________
Date: _____________________________
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A T T A C HME N T B - P R O J E C T C H A N G E O R D E R T EMP L A T E Date:
Axon Product or Service:
Change Order Detai ls
A X O N E N T E R P R I S E , I N C .
Signature: _____________________
Name: _________________________
Title: _________________________
Date: _________________________
A G E N C Y
Signature: _________________________
Name: ____________________________
Title: _____________________________
Date: _____________________________
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Q-456729-44978.665TR
Issued: 02/21/2023
Quote Expiration: 12/31/2023
Estimated Contract Start Date: 02/01/2024
Account Number: 113458
Payment Terms: N30
Delivery Method:
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Business;Delivery;Invoice-2055 Lincoln St Oroville Police Dept. - CA Thom Ruseva-Mahan Tyson Pardee 2055 Lincoln St 2055 Lincoln St Phone: +1 4804148450 Phone: (530) 538-2493 Oroville, CA 95966-5325 Oroville, CA 95966-5325 Email: [email protected] Email: [email protected] USA USA Fax: +1 4809993359 Fax:
Email:
Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $14,743.05 TOTAL COST $381,924.15
ESTIMATED TOTAL W/ TAX $395,320.20 TOTAL SAVINGS $73,715.25 Payment Summary
Date Subtotal Tax Total
Jan 2024 $76,384.83 $2,679.21 $79,064.04
Jan 2025 $76,384.83 $2,679.21 $79,064.04
Jan 2026 $76,384.83 $2,679.21 $79,064.04
Jan 2027 $76,384.83 $2,679.21 $79,064.04
Jan 2028 $76,384.83 $2,679.21 $79,064.04
Total $381,924.15 $13,396.05 $395,320.20
Axon Enterprise, Inc.
17800 N 85th St.
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
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Quote Unbundled Price: $455,639.40
Quote List Price: $381,929.40
Quote Subtotal: $381,924.15
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
Fleet3A Fleet 3 Advanced 25 60 $303.71 $254.57 $254.57 $381,849.75 $13,389.90 $395,239.65 A la Carte Hardware
71210 FLEET DOOR TRIGGER HARDWARE, US 4 $18.60 $18.60 $74.40 $6.15 $80.55 Total $381,924.15 $13,396.05 $395,320.20
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Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
Fleet 3 Advanced 11634 CRADLEPOINT IBR900-1200M-B-NPS+5YR NETCLOUD 25 01/01/2024 Fleet 3 Advanced 70112 AXON SIGNAL UNIT 25 01/01/2024
Fleet 3 Advanced 71200 FLEET ANT, AIRGAIN, 5-IN-1, 2LTE, 2WIFI, 1GNSS, BL 25 01/01/2024 Fleet 3 Advanced 72034 FLEET SIM INSERTION, VZW 25 01/01/2024 Fleet 3 Advanced 72036 FLEET 3 STANDARD 2 CAMERA KIT 25 01/01/2024 A la Carte 71210 FLEET DOOR TRIGGER HARDWARE, US 4 01/01/2024 Fleet 3 Advanced 72040 FLEET REFRESH, 2 CAMERA KIT 25 01/01/2029 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Advanced 80400 FLEET, VEHICLE LICENSE 25 02/01/2024 01/31/2029 Fleet 3 Advanced 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 25 02/01/2024 01/31/2029 Fleet 3 Advanced 80402 RESPOND DEVICE LICENSE - FLEET 3 25 02/01/2024 01/31/2029 Fleet 3 Advanced 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 50 02/01/2024 01/31/2029 Services
Bundle Item Description QTY
Fleet 3 Advanced 73391 FLEET 3 NEW INSTALLATION (PER VEHICLE) 25 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Advanced 80379 EXT WARRANTY, AXON SIGNAL UNIT 25 02/01/2024 01/31/2029 Fleet 3 Advanced 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 25 01/01/2025 01/31/2029 136
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Payment Details
Jan 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 71210 FLEET DOOR TRIGGER HARDWARE, US 4 $14.88 $1.23 $16.11 Year 1 Fleet3A Fleet 3 Advanced 25 $76,369.95 $2,677.98 $79,047.93 Total $76,384.83 $2,679.21 $79,064.04
Jan 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 71210 FLEET DOOR TRIGGER HARDWARE, US 4 $14.88 $1.23 $16.11 Year 2 Fleet3A Fleet 3 Advanced 25 $76,369.95 $2,677.98 $79,047.93 Total $76,384.83 $2,679.21 $79,064.04
Jan 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 71210 FLEET DOOR TRIGGER HARDWARE, US 4 $14.88 $1.23 $16.11 Year 3 Fleet3A Fleet 3 Advanced 25 $76,369.95 $2,677.98 $79,047.93 Total $76,384.83 $2,679.21 $79,064.04
Jan 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 71210 FLEET DOOR TRIGGER HARDWARE, US 4 $14.88 $1.23 $16.11 Year 4 Fleet3A Fleet 3 Advanced 25 $76,369.95 $2,677.98 $79,047.93 Total $76,384.83 $2,679.21 $79,064.04
Jan 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 71210 FLEET DOOR TRIGGER HARDWARE, US 4 $14.88 $1.23 $16.11 Year 5 Fleet3A Fleet 3 Advanced 25 $76,369.95 $2,677.98 $79,047.93 Total $76,384.83 $2,679.21 $79,064.04
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Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.
Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.
ACEIP:
The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.
Acceptance of Terms:
Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. 138
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\s1\ \d1\
Signature Date Signed
2/21/2023
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1 FLEET STATEMENT OF WORK BETWEEN AXON ENTERPRISE AND AGENCY Introduction
This Statement of Work (“SOW”) has been made and entered into by and between Axon Enterprise, Inc. (“AXON”), and Oroville Police Dept. - CA the (“AGENCY”) for the purchase of the Axon Fleet in-car video solution (“FLEET”) and its supporting information, services and training. (AXON Technical Project Manager/The AXON installer)
Purpose and Intent
AGENCY states, and AXON understands and agrees, that Agency’s purpose and intent for entering into this SOW is for the AGENCY to obtain from AXON deliverables, which used solely in conjunction with AGENCY’s existing systems and equipment, which AGENCY specifically agrees to purchase or provide pursuant to the terms of this SOW.
This SOW contains the entire agreement between the parties. There are no promises, agreements, conditions, inducements, warranties or understandings, written or oral, expressed or implied, between the parties, other than as set forth or referenced in the SOW.
Acceptance
Upon completion of the services outlined in this SOW, AGENCY will be provided a professional services acceptance form (“Acceptance Form”). AGENCY will sign the Acceptance Form acknowledging that services have been completed in substantial conformance with this SOW and the Agreement. If AGENCY reasonably believes AXON did not complete the professional services in conformance with this SOW, AGENCY must notify AXON in writing of the specific reasons within seven (7) calendar days from delivery of the Acceptance Form. AXON will remedy the issues to conform with this SOW and re-present the Acceptance Form for signature. If AXON does not receive the signed Acceptance Form or written notification of the reasons for rejection within 7 calendar days of the delivery of the Acceptance Form, AGENCY will be deemed to have accepted the services in accordance to this SOW.
Force Majeure
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2 Neither party hereto shall be liable for delays or failure to perform with respect to this SOW due to causes beyond the party’s reasonable control and not avoidable by diligence.
Schedule Change
Each party shall notify the other as soon as possible regarding any changes to agreed upon dates and times of Axon Fleet in-car Solution installation to be performed pursuant of this Statement of Work.
Axon Fleet Deliverables
Typically, within (30) days of receiving this fully executed SOW, an AXON Technical Project Manager will deliver to AGENCY’s primary point of contact via electronic media, controlled documentation, guides, instructions and videos followed by available dates for the initial project review and customer readiness validation. Unless otherwise agreed upon by AXON, AGENCY may print and reproduce said documents for use by its employees only.
Security Clearance and Access
Upon AGENCY’s request, AXON will provide the AGENCY a list of AXON employees, agents, installers or representatives which require access to the AGENCY’s facilities in order to perform Work pursuant of this Statement of Work. AXON will ensure that each employee, agent or representative has been informed or and consented to a criminal background investigation by AGENCY for the purposes of being allowed access to AGENCY‘s facilities. AGENCY is responsible for providing AXON with all required instructions and documentation accompanying the security background check’s requirements.
Training
AXON will provide training applicable to Axon Evidence, Cradlepoint NetCloud Manager and Axon Fleet application in a train-the-trainer style method unless otherwise agreed upon between the AGENCY and AXON.
Local Computer
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3 AGNECY is responsible for providing a mobile data computer (MDC) with the same software, hardware, and configuration that AGENCY personnel will use with the AXON system being installed. AGENCY is responsible for making certain that any and all security settings (port openings, firewall settings, antivirus software, virtual private network, routing, etc.) are made prior to the installation, configuration and testing of the aforementioned deliverables.
Network
AGENCY is responsible for making certain that any and all network(s) route traffic to appropriate endpoints and AXON is not liable for network breach, data interception, or loss of data due to misconfigured firewall settings or virus infection, except to the extent that such virus or infection is caused, in whole or in part, by defects in the deliverables.
Cradlepoint Router
When applicable, AGENCY must provide AXON Installers with temporary administrative access to Cradlepoint’s NetCloud Manager to the extent necessary to perform Work pursuant of this Statement of Work.
Evidence.com
AGENCY must provide AXON Installers with temporary administrative access to Axon Evidence.com to the extent necessary to perform Work pursuant of this SOW.
Wireless Upload System
If purchased by the AGENCY, on such dates and times mutually agreed upon by the parties, AXON will install and configure into AGENCY’s existing network a wireless network infrastructure as identified in the AGENCY’s binding quote based on conditions of the sale.
VEHICLE INSTALLATION
Preparedness
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4 On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer less weapons and items of evidence.
Vehicle(s) will be deemed ‘out of service’ to the extent necessary to perform Work pursuant of this SOW.
Existing Mobile Video Camera System Removal
On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer which will remove from said vehicles all components of the existing mobile video camera system unless otherwise agreed upon by the AGENCY.
Major components will be salvaged by the AXON Installer for auction by the AGENCY. Wires and cables are not considered expendable and will not be salvaged. Salvaged components will be placed in a designated area by the AGENCY within close proximity of the vehicle in an accessible work space.
Prior to removing the existing mobile video camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle’s systems’ operation to identify and operate, documenting any existing component or system failures and in detail, identify which components of the existing mobile video camera system will be removed by the AXON Installer.
In-Car Hardware/Software Delivery and Installation
On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer, who will install and configure in each vehicle in accordance with the specifications detailed in the system’s installation manual and its relevant addendum(s). Applicable in-car hardware will be installed and configured as defined and validated by the AGENCY during the pre-deployment discovery process.
If a specified vehicle is unavailable on the date and time agreed upon by the parties, AGENCY will provide a similar vehicle for the installation process. Delays due to a vehicle, or substitute vehicle, not being available at agreed upon dates and times may results in additional fees to the AGENCY. If the AXON Installer determines that a vehicle is not properly prepared for installation (“Not Fleet Ready”), such as a battery not being properly charged or properly up-fit for in-service, field operations, the issue shall be reported immediately to the AGENCY for resolution and a date and time for the future installation shall be agreed upon by the parties.
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5 Upon completion of installation and configuration, AXON will systematically test all installed and configured in-car hardware and software to ensure that ALL functions of the hardware and software are fully operational and that any deficiencies are corrected unless otherwise agreed upon by the AGENCY, installation, configuration, test and the correct of any deficiencies will be completed in each vehicle accepted for installation.
Prior to installing the Axon Fleet camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle’s existing systems’ operation to identify, document any existing component or vehicle systems’ failures. Prior to any vehicle up-fitting the AXON Installer will introduce the system’s components, basic functions, integrations and systems overview along with reference to AXON approved, AGENCY manuals, guides, portals and videos. It is both the responsibility of the AGENCY and the AXON Installer to agree on placement of each components, the antenna(s), integration recording trigger sources and customer preferred power, ground and ignition sources prior to permanent or temporary installation of an Axon Fleet camera solution in each vehicle type.
Agreed placement will be documented by the AXON Installer.
AXON welcomes up to 5 persons per system operation training session per day, and unless otherwise agreed upon by the AGENCY, the first vehicle will be used for an installation training demonstration. The second vehicle will be used for an assisted installation training demonstration. The installation training session is customary to any AXON Fleet installation service regardless of who performs the continued Axon Fleet system installations. 144
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6 The customary training session does not ‘certify’ a non-AXON Installer, customer-employed Installer or customer 3rd party Installer, since the AXON Fleet products does not offer an Installer certification program. Any work performed by non-AXON Installer, customer-employed Installer or customer 3rd party Installer is not warrantied by AXON, and AXON is not liable for any damage to the vehicle and its existing systems and AXON Fleet hardware. 145
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CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN AND CITY COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
JORDAN DALEY, SENIOR ADMINISTRATIVE ASSISTANT
RE: NORTH STAR PLACE BRANDING FINAL BRAND REPORT
DATE: AUGUST 15, 2023
SUMMARY
The Council will consider approving the proposed Oroville brand and marketing plan by North Star Place Branding and Marketing, including a budget adjustment of $28,000.
DISCUSSION
On June 7, 2022, the Council approved a professional services agreement with North Star Branding for place branding and marketing in the amount of $77,000. The goals set out for this agreement were to achieve a new overall feeling of belonging within our city. North Star has since developed a “community wide brand” that includes components to assist with tourism as well as economic development. The new brand aligns with existing efforts at tourism marketing from Explore Butte County, Downtown Oroville (ODBA), the Oroville Chamber, and others. The contract was for one year with an option to continue into years 2 and 3 for implementation. This implementation plan will take many years to achieve.
In the last year, North Star conducted research to identify key components of our community DNA and what differentiates Oroville from other municipalities. They set out to learn the perceptions and beliefs of stakeholders and influencers within the community. North Star then worked collaboratively with these stakeholders on building a strategy to guide the branding of the city. Their presentation will include their community “BrandPrint” process and a strategic marketing plan intended to generate a positive image of Oroville in the minds of residents, visitors, and businesses.
Staff created an internal creative team, comprised of four staff members and two council members to work directing with North Star to implement this work. The team has developed a proposed first-year implementation plan with timeline and the approved $72,000 budget. The budget includes $30,000 to keep North Star on contract through the next year as our “brand manager” to help coach staff and handle the creative services that would be needed, including the production of social media, print advertising, speaking content, community flyers, announcements, billboards, and Web site landing page content and design. The fiscal year 2023/24 budget includes $72,000 for year 1 efforts. Staff is seeking an additional $28,000 for year 1 to increase funding for North Star to build momentum for the brand and increase our impact. The total first-year budget would be $100,000.
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FISCAL IMPACT
$72,000.00 from the approved Brand Marketing budget (general fund), plus up to $28,000 additional funding from Local Fiscal Recovery Funds.
RECOMMENDATION
1. Approve the new Oroville Brand as presented by North Star Place Branding.
2. Approve the first-year marketing plan, timeline, and $72,000 budget.
3. Approve an additional not-to-exceed $28,000 for one year of additional creative materials and coaching by North Star.
4. Approve contract amendment with North Star.
ATTACHMENTS
North Star – Brand Presentation
Proposed Budget
Proposed Budget with $28,000 increase
First-year Branding Implementation Plan with Timeline
Contract Amendment with North Star
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Oroville Branding Update
August 2023
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How did we uncover the brand for Oroville?
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North Star moves from research to strategy
to creativity to action.
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BrandPrint
Process
Stakeholder & Community Education
InsightGathering&Research
DNA&Strategy Formation
Creative Brand & Message Development
BrandAction Ideas
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Research
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Research by the Numbers METHODOLOGY
6 100+ Site Visit Conversations: intercepts, focus groups, interviews & calls 130 www.BrandingOroville.com
142 Community Survey Respondents
19 External Perception Calls
248 External Consumer Respondents
= More than 635 unique inputs during the research
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Strategy
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Oroville DNA Platform Statement
Target Audience:
Point-of-Difference:
Benefit:
Frame of Reference:
For those wanting a down-to-earth, more affordable California lifestyle,
Oroville, the tenacious and scenic center of Butte County in the Sierra Foothills,
stewards an abundance of what the rest of California prizes: water, so you can reinvigorate, recreate, and relax.
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Brand Narrative
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Narrative
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City of Oroville Brand
Executions
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Visual Direction
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Visual
Direction
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Logo & Strapline
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Oroville Logo & Strapline
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Oroville Color Palette
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Oroville Brand Standards
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Thank you, Oroville!
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Branding Budget
Date: 8.15.2023Budget area Column1 Estimated Actual Difference 72,000.00 72,000.00
North Star
social, print, speaking content, community flyers, announcements, billboards, landing page content and design, toolkit content, letterhead, business cards, email templates, table covers and trade show booth designs. (30,000.00) (30,000.00)
Content Development Spruce Studio: 50 photo library, 1-2 min.rebrand video & 3 testimonial videos (11,000.00) (11,000.00)Brand Rollout Refresh internal materials, logo on pens, flags, stickers, city limit signs (10,000.00) (10,000.00)City Hall enterance sign LRT dimensional wall logo (5,000.00) (5,000.00)Expo/Event Simple booth set up, travel and entry fees for 1 trade show (6,000.00) (6,000.00)Media/Social advertising Speaking crucit, Facebook ad space, local partnership on custom items (5,000.00) (5,000.00)Reserve (5,000.00) (5,000.00)Balance 0.00 0.00 192
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Branding Budget
Date: 8.15.2023Budget area Column1 Estimated Actual Difference 100,000.00 100,000.00
North Star
ALL listed creative services, plus needs from Chamber and Economic Development groups (50,000.00) (50,000.00)
Content Development
Spruce Studio: 150 photo library, 8min of video, 12 short videos, event coverage & content strategy (15,000.00) (15,000.00)
Brand Rollout
Refresh internal materials, logo on pens, bags, flags, water bottles, stickers, coasters, mugs, lanyards, city limit signs (10,000.00) (10,000.00)
City Hall enterance sign LRT dimensional wall logo (5,000.00) (5,000.00) Expo/Event Booth set up, travel and entry fees for 1-2 trade shows (15,000.00) (15,000.00) Media/Social Advertising Speaking crucit, Facebook ad space, local partnership on custom items (5,000.00) (5,000.00) Balance 0.00 0.00
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Identify need Develop solution Create Product Market product Phase 1 Phase 2 Phase 3 Phase 4
List of activities List of activities List of activities List of activities Landing page Landing page video Brand development Yr 2 planning Internal adoption: dept shirts Local adoption: window clings Ongoing PR/social North Star contract North Star 1-2 items per week North Star 1-2 items per week Spruce Stuido contract Spruce Studio stragegic plan Spruce Stuido testimonials Internal material refresh: letterheads,
business cards, zoom backgrounds,
email signatures
Internal material refresh: City limit signs
Brand development: logo on pens,
flags, stickers Economic Development toolkit
Plan speaking circuit/ Trade Show
attendance
Relator Association, Rotary, Busniess
Alliance, Chamber, ICSC Trade Show
etc.
Plan Salmon Festival booth Ongoing PR/social
Ongoing PR/social
Yr 2 budget items
Renew North Star
Caltrans enterance flags/monument
Tap into the tourism market
Expand Economic Development
Up Trade Show Attendance
Engage School programs
City Hall enterance sign
Council Chambers sign
1st yr Branding Timeline
Activities Outcomes
Define Brand Identity Build Awareness Create Engagement Develop Loyalty 194
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Agreement No 3419
David Pittman, Mayor By: Will Ketchum, North Star
ATTEST: APPROVED AS TO FORM:
Kayla Reaster, Assistant City Clerk Scott E. Huber, City Attorney AMENDMENT TO CONTRACT AGREEMENT NO. 3419 WITH THE BURDETTE
AGENCY (DBA NORTH STAR PLACE BRANDING AND MARKETING, A FLORIDA
S-CORPORATION), FOR BRAND MARKETING ACTIVATION AND
IMPLEMENTATION
(Amendment No. 1)
This Amendment dated August 15, 2023, is to Agreement No 3419 between the City of Oroville (“City”) and The Burdette Agency, Inc. (d/b/a North Star Place Branding and Marketing, a Florida S-Corporation) (“Consultant”).
A copy of Contract Agreement No. 3419 is attached as Exhibit “A” including all prior amendments.
In consideration of terms and conditions herein, City and Consultant agree that Agreement No. 3419 shall be amended as follows:
1. The Agreement shall be extended to include One year of additional brand rollout assistance such as preparation of creative materials and advising on activities to be performed by staff.
These services are described in the contract as Phase III: Action & Implementation.
2. The compensation shall be on an individual task basis with costs for each task agreed in advance in writing with staff. Total compensation for the year shall not exceed $50,000.
3. Conflicts between the Agreement and any previous amendment to the Agreement shall be controlled by this amendment. All other provisions within Agreement No. 3419 as amended shall remain in full force effect.
CITY OF OROVILLE CONSULTANT
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CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
SCOTT HUBER, CITY ATTORNEY
RE: LETTER TO FEDERAL ENERGY REGULATORY COMMISSSION
REGARDING RELICENSING OF OROVILLE DAM – PROJECT NO.
2100
DATE: AUGUST 15, 2023
SUMMARY
The Council will review and provide input on draft letter addressed to the Federal Energy Regulatory Commission (FERC) with regard to the relicensing of the Oroville Dam – Project No. 2100.
DISCUSSION
At the regularly scheduled February 21, 2023 Oroville City Council Meeting, the Council gave direction to staff to draft a letter to FERC with regard to the relicensing of the Oroville Dam – Project No. 2100. In addition, staff were directed to work with Mayor Pittman, Council Member Goodson and Council Member Riggs on the draft.
Staff are returning to the Council with the draft letter.
FISCAL IMPACT:
None
RECOMMENDATION
Direct staff to send the letter as drafted; or provide alternative direction to staff with regard to draft letter.
ATTACHMENTS
Draft Letter to FERC
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“Oroville – California's best opportunity for a safe and diverse quality of life” City of Oroville
OFFICE OF THE MAYOR AND CITY COUNCIL
1735 Montgomery Street
Oroville, CA 95965-4897
(530) 538-2535 FAX (530) 538-2468
www.cityoforoville.org
August 15, 2023
Ms. Kimberly Bose, Secretary
Federal Energy Regulatory Commission
(via electronic filing)
Re: Relicensing of Oroville Dam (FERC Project No. 2100) Dear Ms. Bose:
In March 2006, the City of Oroville, as well as more than 50 other parties, entered into a settlement agreement relating to the licensing of the Oroville Dam. We write to express our concern and disappointment with the lack of progress related to license issuance.
We request FERC’s immediate action to move the licensing forward, with a licensing condition upon the successful mutual renegotiation of the financial arrangement outlined by the settlement agreement.
The settlement agreement, in pertinent part, acknowledges the impact of the Oroville Dam on the recreational opportunities that were previously enjoyed by the Oroville residents prior to its construction, and it provides a funding mechanism to mitigate those impacts. It is axiomatic that the parties did not anticipate that the license would remain unissued after 17 years!
The impact of the delay on the greater Oroville area is significant. The 17-year delay has unilaterally modified the settlement agreement from a 50-year agreement to a 67- year agreement by the mere delay in license issuance. Assuming FERC issues a 50- year license, this alone reduces the valuation of the settlement by 34%! Further, there has been no adjustment to the settlement amount to account for the actual inflation which has occurred since execution of the settlement agreement.
According to the Bureau of Labor Statistics consumer price index, the dollar has experienced an average inflation rate of 2.47% per year between 2006 and today, producing a cumulative price increase of 51.34%. This means that today's prices are at least 1.51 times higher than the those in 2006.
When combined, the delay in license issuance and resulting devaluation of the value of the settlement agreement results in a significant reduction of projects that can be funded through the Supplemental Benefits Fund. This cuts against the purpose of the settlement agreement, which is to replace the recreational opportunities that were lost when the Oroville Dam was built.
David W. Pittman
Mayor
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Ms. Kimberly Bose, Secretary
Federal Energy Regulatory Commission
August 15, 2023
As you are likely aware, the initial approval of the Oroville Dam in 1968 included promises for recreational improvements and projects, many of which did not materialize.
The settlement agreement was a concerted effort among the parties to pay for, and codify a process to approve, recreational projects in the vicinity of the Oroville Dam.
Given the significant delay in issuance of the license, and the attendant delay in SBF funding, the citizens of Oroville feel as this is yet another broken promise.
The Oroville Dam is operational. The Dam is storing water and providing it to the State Water Contractors. The Dam is producing electricity. Those who own and operate the Dam are receiving all of the benefits of the Oroville Dam despite the fact that a license has not been issued. This inequity is patently unfair to the Oroville citizens who are required to suffer all of the impacts of the Dam without any of the negotiated benefits contained in the settlement agreement.
As a result, the City of Oroville requests that FERC issue a 50 year license with a retroactive date to March 2006. This will provide all of the benefits to the Oroville citizens that were agreed upon through the settlement agreement. In addition, the City requests FERC’s support of an adjustment of the settlement terms to account for inflation and the delay in issuance.
Thank you for your attention to these important matters. We look forward to your timely anticipated response.
Sincerely,
David W. Pittman
Mayor
cc: Hon. Doug LaMalfa
Hon. James Gallagher
Hon. Brian Dahle
Secretary Wade Crowfoot
Department of Water Resources
State Water Contractors
Feather River Recreation and Park District
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CITY OF OROVILLE
STAFF REPORT
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: KAYLA REASTER, ASSISTANT CITY CLERK
BRIAN RING, CITY ADMINISTRATOR
RE: COMMUNITY MEMBER APPOINTMENTS TO VARIOUS COMMITTEES
AND COMMISSIONS
DATE: AUGUST 15, 2023
SUMMARY
City Council may appoint individuals to the Arts Commission, Parks Commission, Planning Commission, and Citizen’s Oversight Committee.
DISCUSSION
The Oroville Arts Commission currently has two (2) commissioners whose terms are expiring, and they are both seeking reappointment. The Oroville Parks Commission currently has one (1) vacancy. The Planning Commission currently has one (1) vacancy. The Citizens Oversight Committee has four (4) members terms expiring and two (2) vacancies. Two (2) Committee Members on the Citizen’s Oversight Committee are seeking reappointment. Staff recruited for all commissions and committees with open positions and received four (4) applications. All applications received meet the criteria for the recommended appointments.
The following appointments are recommended:
Arts Commission – David Tamori (Incumbent) and Andee Krantz (Parks Commission Incumbent)
Parks Commission – Chris Hix
Planning Commission – Audrey Holt
Citizen’s Oversight Committee – Mark Grover (Incumbent), JD Holt
FISCAL IMPACT
None
RECOMMENDATION
1. Appoint the following individuals to the Arts Commission with terms expiring June 20, 2027 – David Tamori and Andee Krantz (Representative from the Parks Commission); and
2. Appoint Chris Hix to the Parks commission with a term that expires on June 30, 2028; and
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3. Appoint Audrey Holt to the Planning Commission with a term that expires on June 30, 2027; and
4. Appoint the following individuals to the Citizens Oversight Committee with a terms expiring June 30, 2027 – Mark Grover, JD Holt.
ATTACHMENTS
Commission Applications
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8/15/2023 Monthly Report Page 1 of 3
OROVILLE CITY COUNCIL
MONTHLY REPORT
TO: MAYOR AND CITY COUNCIL MEMBERS
BRIAN RING, CITY ADMINISTRATOR
FROM: BILL LAGRONE, CHIEF OF POLICE
RE: POLICE DEPARTMENT MONTHLY REPORT FOR JULY 2023
DATE: AUGUST 15, 2023
SUMMARY
The Council will receive a monthly report regarding the activities, and general information for the Police Department.
Staffing:
Positions Total
staffed
Total
Authorized
Total Vacant
Police Officer 24 29 5
Dispatcher 6 8 2
Municipal Law
Enforcement 8 17 9
Administrative
Personnel 4 4 0
Department Activity:
Events Year to Date
2023
Average Response
Time for Crimes
against persons
*Priority 1 crimes
Average Response
Time for all types of
calls for Service
National Average
Response Time
27,293 5:18 minutes 7:02 minutes 8 - 11 minutes
Patrol Checks and Park Patrols:
Patrol Checks
JULY 2023 36
Year to Date 1,226
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8/15/2023 Monthly Report Page 2 of 3
Parking Enforcement Citations Issued:
JULY 2023 Year to Date 2023 JULY 2022 Year to date 2022 4 56 21 88
Police Activity:
Arrest
JULY
2022
JULY
2023
Year to date
2022
Year to date
2023
Misdemeanor 122 96 707 508
Felony 41 43 287 223
Citations
JULY
2022
JULY
2023
Year to date
2022
Year to date
2023
84 62 513 299
Uniform Crime Reporting:
Crimes of Violence JULY
2023
Year to Date
JANUARY – DECEMBER
Homicide 0 2
Rape 3 9
Robbery 4 18
Aggravated Assault 3 16
Community Navigator:
Contacts Services Accepted Year to date contacts Year to date services 20 2 20 2
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Item i.
8/15/2023 Monthly Report Page 3 of 3
SPCA Statistics:
Service Calls by Priority:
Priority Level Number of Calls Total Minutes per call
type
Average response times
Urgent 13 80 6.12
Priority 38 223 5.86
At Officer Convenience 20 140 7.00
After Hours 29 216 7.45
Animal Intake and Outcome Stats:
Total Animals taken
in from City
Total Animals
outgoing
Cats Dogs Other Bird Livestock
66 82 21 41 3 1 0
*The remaining difference from intakes to outcome total represents animals that have not yet had an outcome and are still in the facility.
Animal Outcomes:
Outcome Type Totals Dogs Cats Livestock Birds Other
Adoption 9 7 2 0 0 0
Died 5 0 5 0 0 0
Disposal 7 2 3 0 0 2
Euthanasia 39 10 26 0 0 3
RTO 22 22 0 0 0 0
Transfer 0 0 0 0 0 0
Foster 0 0 0 0 0 0
*Others are wild animals such as bats, skunks, snakes, possums, etc SPCA After-hours call outs:
JULY 2023
29 Shoes for Kids:
Shoes Provided Socks Provided
0 0 Pkg
This program provides shoes and socks for children of our community. This program is funded by Department member donations and community donations.
FISCAL IMPACT
No impact to the General Fund.
RECOMMENDATIONS
None
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Item i.