Appendix -VII
ATTACHMENT 1
SCOPE OF WORK
Board Up Procedures:
The USFA National Arson Prevention Initiative Board Up Procedures is incorporated herein by reference and are hereby accepted as Reference Specifications. These Reference Specifications are intended to govern certain construction materials, methods, and details with some additional modification herein.
Materials List and Specifications
SECURITY MEASURES
1. All openings in the basement, crawl spaces, garages, first floor doors and windows, and any point of entry accessible from a porch, fire escape or other potential climbing point shall be barricaded with plywood, 2x4 braces, carriage bolt sets, specialized head/drive screws, and nails, unless stated otherwise.
NOTE: General contractor screws, particleboard, wafer board, Masonite, or other similar material shall NOT be used for purposes of boarding-up a building.
2. Garage Doors and Openings at least 10' from ground level which are not accessible from a porch, fire escape, roof, or other climbing point can be secured with nails every 12" around the perimeter. For all openings, the plywood should be fitted so that it rests snugly against the exterior frame, butting up to the siding on wood frame buildings and up to the brick molding edge on brick buildings. It may be necessary to remove the staff bead so this fit can be flush and tight.
3. The structure shall be posted with a NO TRESPASSING sign at the completion of the board-up.
4. Commercial property with full windows or glass facades shall be blacked out and adhesive shall be used to attach the plywood to the glass from the interior to prevent shattering. Plywood shall be secured to the window/glass framing.
5. ONLY Interior Boarding shall require blackout of windows and be secured with plywood and 2x4 braces fasten to the wall with deck nails and specialized star-drive head screws.
MATERIALS
1. Plywood, 1/2" (4 ply) exterior grade CDX
2. Braces - 2" by 4" by 8' (or longer) construction grade lumber
3. 3/8" (coarse thread) by 12" (or longer) carriage bolts (rounded head on weather side)
4. 3/8" (coarse thread) construction grade nuts
City Council 29 – 15 6/21/2022
City of Santa Ana RFP 22-068
5. 1/2" (USS Standard) Flat washers with an inside diameter large enough to bypass the wrench neck inside the carriage bolt head so no lift edge is available beneath an installed carriage bolt head.
6. 3/8" (USS Standard) diameter flat washers for installation beneath the nut inside the building
7. Combination of 2”-3” deck nails and 2”-3” Star-drive screws; T-20, T-25, etc.
BARRIER ASSEMBLY
1. Plywood shall be cut to fit over the window and door openings, flush with outside of the molding/trimmer stud. Application of barriers shall be completed so that all lift or pry points are avoided. Plywood board shall be solid sheets without seams or joints.
2. The 2x4 braces shall be cut to fit the horizontal dimension of the plywood. Two exterior and two interior 2x4 braces shall be provided for each window and three sets for each door.
3. Window Assembly – Braces are located horizontally approximately 1/3 of the distance from the top and the bottom of the window. Bolt holes are located 1/3 of the length of the brace from the outside edge of the window jams. Prior to installation, the assembly should be pre-assembled and 3/8” holes drilled through all of the components.
4. Door Assembly – Door braces will be placed horizontally; one in the center of the doorway and one 1/2 the distance from the center to the top and one 1/2 distance from the center to the bottom of the doorway. Bolt holes are located 1/3 of the length of the brace from the outside edge of the doorframe. Prior to installation, the assembly should be pre-assembled and 3/8” holes drilled through all of the components.
5. Plywood used to cover exterior openings shall be nailed every 12" along the perimeter of the frame of the window, door, or opening.
6. The 2x4 braces on the interior and exterior of the assemblies shall be secured using 3/8” by 12” carriage bolt assemblies. Bolts shall be inserted through the predrilled holes from the exterior with a 1/2” washer place against the exterior brace, a 3/8” washer is placed against the interior brace. The bolt is tightened from the inside so that it slightly compresses the interior brace. The 2x4 Bottom Brace shall be cut to width of door trim and drilled to the floor to prevent opening.
7. Garage Door – the opening shall be covered with plywood and secured with a minimum of 3- inch-long deck or wood screws installed on 6-inch centers around the circumference of the opening. An interior or exterior 2x4 Bottom Brace is required to prevent it from opening and drilled to the floor with masonry screws (or as appropriate).
NOTE: These specifications are subject to change upon case-by-case scenario. Any changes or recommendations shall be discussed during the walk-through of the property prior to a proposal, quote and or notice to proceed.
City Council 29 – 16 6/21/2022
City of Santa Ana RFP 22-068
WINDOW BOARDING SPECIFICATION
NOTES:
1. FOR DOUBLE HUNG WINDOWS, SLIDE SASH TO CENTER OF UNIT AND PASS BOLTS THROUGH OPENINGS AT TOP AND BOTTOM.
2. STORM WINDOWS SHOULD BE REMOVED AND STORED INSIDE STRUCTURE.
3. OUTSIDE TRIM MAY HAVE TO BE REMOVED TO ACCOMMODATE A FLUSH AND TIGHT FIT.
4. TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE.
5. BRACE LOCATIONS: A = 1/3 B (SEE DIMENSION LOCATIONS ON DRAWING) NOTE: WINDOWS 3 FEET IN HEIGHT OR SHORTER ONLY REQUIRE ONE BRACE.
6. LOCATION OF BOLT HOLES: C = 1/3D (SEE DIMENSION LOCATIONS ON DRAWING)
7. THE PLYWOOD BOARD SHOULD BE SECURED WITH SCREWS EVERY 12" ALONG
THE PERIMETER OF THE FRAME OF THE WINDOW, DOOR, OR OPENING, AND WITH DECK NAILS AT EVERY 6” MARK WHERE SCREW IS NOT PLACED.
City Council 29 – 17 6/21/2022
City of Santa Ana RFP 22-068
DOOR BOARDING SPECIFICATIONS
NOTES:
1. IRON DOORS OR FRAMES MAY BE REMOVED AND STORED INSIDE BUILDING IF NECESSARY.
2. USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING.
LONGER BOLTS MAY BE NECESSARY.
3. TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE.
4. IF PLYWOOD CAN NOT BE BUTTED AGAINST BAND MOLDING, CUT TO COVER OUTSIDE EDGE OF DOOR FRAME.
5. BOLT HOLES ARE LOCATED AS THEY ARE FOR WINDOWS (SEE WINDOW DETAIL)
6. CENTER BRACE LOCATED IN CENTER OF DOORWAY OPENING. TOP AND BOTTOM BRACES ARE POSITIONED WHERE A = 1/2B (SEE DIMENSION LOCATIONS ON
DRAWING)
7. USE 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM. DRILL TO THE FLOOR TO PREVENT OPENING. INTERIOR AND EXTERIOR BOTTOM BRACES WITH MASONRY SCREWS ARE MANDATORY WHEN BOARDING GARAGE DOORS.
City Council 29 – 18 6/21/2022
City of Santa Ana RFP 22-068
BRACE AND CARRIAGE BOLT SPECIFICATION
NOTES:
1. USE 2" BY 4" BY 8' (OR LONGER) CONSTRUCTION GRADE LUMBER FOR BRACES.
2. USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING
3. TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS WASHER INTO 2X4 BRACE.
4. USE 1/2" WASHER ON WEATHER SIDE TO ACCOMMODATE THE WRENCH NECK OF BOLT AND ELIMINATE PRY POINTS.
City Council 29 – 19 6/21/2022
City of Santa Ana RFP 22-068
WINDOW ASSEMBLY
MATERIALS REQUIRED PER WINDOW
1 - 1/2" CDX PLYWOOD SHEET-CUT TO DIMENSIONS OF WINDOW FRAME (WEATHER SIDE 4 - 2X4 BRACES - CUT TO WIDTH OF PLYWOOD
4 - CARRIAGE BOLT ASSEMBLIES
NUMBER OF WINDOWS TO BE SECURED (NW): __________________ NUMBER OF WINDOWS BRACES REQUIRED: (NW X 4) __________________ CARRIAGE BOLT ASSEMBLIES REQUIRED (BW): (NW X 4)__________________
DOOR ASSEMBLY
MATERIALS REQUIRED PER DOOR
1 - 1/2" CDX PLYWOOD SHEET - CUT TO DIMENSIONS OF DOOR FRAME (WEATHER SIDE) 1 - 1/2" CDX PLYWOOD SHEET - CUT TO OUTSIDE DIMENSIONS OF DOOR FRAME TRIM (INSIDE)
6 - 2X4 BRACES - 3 CUT TO WIDTH OF OUTSIDE PLYWOOD
- 3 CUT TO WIDTH OF INSIDE PLYWOOD
1 - 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM DRILLED TO FLOOR (INSIDE) 6 - CARRIAGE BOLT ASSEMBLIES
NUMBER OF DOORS TO BE SECURED (ND): __________________
NUMBER OF DOOR BRACES REQUIRED: (ND X 6) __________________ NUMBER OF BOTTOM BRACES REQUIRED: (ND) __________________ CARRIAGE BOLT ASSEMBLIES REQUIRED (BD): (ND X 6) __________________
CARRIAGE BOLT ASSEMBLY
MATERIALS REQUIRED PER CARRIAGE BOLT ASSEMBLY
1 - 3/8" X 12' (OR LONGER IF NECESSARY) CARRIAGE BOLT - COURSE THREAD 1 - 1/2" USS STANDARD FLAT WASHER (WEATHER SIDE)
1 - 3/8" USS STANDARD FLAT WASHER (INSIDE)
1 - 3/8" CONSTRUCTION GRADE NUT - COURSE THREAD
TOTAL CARRIAGE BOLT ASSEMBLIES REQUIRED FOR WINDOWS AND DOORS:
(BW + BD) __________________
City Council 29 – 20 6/21/2022
EXHIBIT B
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EXHIBIT C
City Council 29 – 33 6/21/2022
City Council 29 – 34 6/21/2022
AGREEMENT WITH HUNTER CONSULTING, INC., DBA HCI ENVIRONMENTAL &
ENGINEERING TO PROVIDE ON-CALL TRASH, WEEDS, RUBBISH & SANITATION
ABATEMENT AND BOARD-UP SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 21st day of June 2022, by and between Hunter Consulting, Inc., a California corporation dba HCI Environmental & Engineering (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. On April 11, 2022, the City issued Request for Proposal No. 22-068 (“RFP”), by which it sought a qualified contractor to provide on-call trash, weeds, rubbish & sanitation abatement and boardup services at various sites citywide on an as needed basis for the City’s Public Works Agency.
B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 22-068.
C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 22-068, which is attached as Exhibit A, and as more specifically delineated in Contractor’s proposal, which is attached as Exhibit B and incorporated in full.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of three (3) contractors selected to provide demolition services on an on-call basis under RFP 22-068. The total compensation for these services provided by all such contractors selected under RFP 22- 068 shall not exceed the shared aggregate amount of Two Hundred Twenty-Five Thousand Dollars and Zero Cents ($225,000) during the term of the Agreement, including any extension periods.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 35 6/21/2022
invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on July 1, 2022 and terminate on June 30, 2025, unlessterminated earlier in accordance with Section 16, below.
4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the 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.
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 36 6/21/2022
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Minimum Scope and Limit of Insurance
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and nonowned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions
1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
2. Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 37 6/21/2022
volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’srating of no less than A:VII, unless otherwise acceptable to the City.
7. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.
TheCityreservesthe right to require complete, certified copies of allrequired insurance policies,including endorsements required by these specifications, at any time.
8. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 38 6/21/2022
9. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 39 6/21/2022
11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
13. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.
This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 40 6/21/2022
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.
In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
19. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 41 6/21/2022
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
21. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Minh Thai
Executive Director, Planning and Building Agency
City of Santa Ana
20 Civic Center Plaza (M-20)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5897
To Contractor:
Gregory J. Parker, CEO
Hunter Consulting, Inc., dba HCI Environmental & Engineering Services 1680 Commerce Street
Corona, CA 92880
[email protected]
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 42 6/21/2022
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
APPROVED AS TO FORM: HUNTER CONSULTING, INC.,
Dba HCI ENVIRONMENT & ENGINEERING
SONIA R. CARVALHO SERVICES
City Attorney
By:
Brandon Salvatierra Gregory J. Parker
Deputy City Attorney CEO
RECOMMENDED FOR APPROVAL:
Nabil Saba
Executive Director
Public Works Agency
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 43 6/21/2022
EXHIBIT A
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 44 6/21/2022
City of Santa Ana RFP 22-068
Appendix -VII
ATTACHMENT 1
SCOPE OF WORK
Board Up Procedures:
The USFA National Arson Prevention Initiative Board Up Procedures is incorporated herein by reference and are hereby accepted as Reference Specifications. These Reference Specifications are intended to govern certain construction materials, methods, and details with some additional modification herein.
Materials List and Specifications
SECURITY MEASURES
1. All openings in the basement, crawl spaces, garages, first floor doors and windows, and any point of entry accessible from a porch, fire escape or other potential climbing point shall be barricaded with plywood, 2x4 braces, carriage bolt sets, specialized head/drive screws, and nails, unless stated otherwise.
NOTE: General contractor screws, particleboard, wafer board, Masonite, or other similar material shall NOT be used for purposes of boarding-up a building.
2. Garage Doors and Openings at least 10' from ground level which are not accessible from a porch, fire escape, roof, or other climbing point can be secured with nails every 12" around the perimeter. For all openings, the plywood should be fitted so that it rests snugly against the exterior frame, butting up to the siding on wood frame buildings and up to the brick molding edge on brick buildings. It may be necessary to remove the staff bead so this fit can be flush and tight.
3. The structure shall be posted with a NO TRESPASSING sign at the completion of the board-up.
4. Commercial property with full windows or glass facades shall be blacked out and adhesive shall be used to attach the plywood to the glass from the interior to prevent shattering. Plywood shall be secured to the window/glass framing.
5. ONLY Interior Boarding shall require blackout of windows and be secured with plywood and 2x4 braces fasten to the wall with deck nails and specialized star-drive head screws.
MATERIALS
1. Plywood, 1/2" (4 ply) exterior grade CDX
2. Braces - 2" by 4" by 8' (or longer) construction grade lumber
3. 3/8" (coarse thread) by 12" (or longer) carriage bolts (rounded head on weather side)
4. 3/8" (coarse thread) construction grade nuts
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 45 6/21/2022
City of Santa Ana RFP 22-068
5. 1/2" (USS Standard) Flat washers with an inside diameter large enough to bypass the wrench neck inside the carriage bolt head so no lift edge is available beneath an installed carriage bolt head.
6. 3/8" (USS Standard) diameter flat washers for installation beneath the nut inside the building
7. Combination of 2”-3” deck nails and 2”-3” Star-drive screws; T-20, T-25, etc.
BARRIER ASSEMBLY
1. Plywood shall be cut to fit over the window and door openings, flush with outside of the molding/trimmer stud. Application of barriers shall be completed so that all lift or pry points are avoided. Plywood board shall be solid sheets without seams or joints.
2. The 2x4 braces shall be cut to fit the horizontal dimension of the plywood. Two exterior and two interior 2x4 braces shall be provided for each window and three sets for each door.
3. Window Assembly – Braces are located horizontally approximately 1/3 of the distance from the top and the bottom of the window. Bolt holes are located 1/3 of the length of the brace from the outside edge of the window jams. Prior to installation, the assembly should be pre-assembled and 3/8” holes drilled through all of the components.
4. Door Assembly – Door braces will be placed horizontally; one in the center of the doorway and one 1/2 the distance from the center to the top and one 1/2 distance from the center to the bottom of the doorway. Bolt holes are located 1/3 of the length of the brace from the outside edge of the doorframe. Prior to installation, the assembly should be pre-assembled and 3/8” holes drilled through all of the components.
5. Plywood used to cover exterior openings shall be nailed every 12" along the perimeter of the frame of the window, door, or opening.
6. The 2x4 braces on the interior and exterior of the assemblies shall be secured using 3/8” by 12” carriage bolt assemblies. Bolts shall be inserted through the predrilled holes from the exterior with a 1/2” washer place against the exterior brace, a 3/8” washer is placed against the interior brace. The bolt is tightened from the inside so that it slightly compresses the interior brace. The 2x4 Bottom Brace shall be cut to width of door trim and drilled to the floor to prevent opening.
7. Garage Door – the opening shall be covered with plywood and secured with a minimum of 3- inch-long deck or wood screws installed on 6-inch centers around the circumference of the opening. An interior or exterior 2x4 Bottom Brace is required to prevent it from opening and drilled to the floor with masonry screws (or as appropriate).
NOTE: These specifications are subject to change upon case-by-case scenario. Any changes or recommendations shall be discussed during the walk-through of the property prior to a proposal, quote and or notice to proceed.
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 46 6/21/2022
City of Santa Ana RFP 22-068
WINDOW BOARDING SPECIFICATION
NOTES:
1. FOR DOUBLE HUNG WINDOWS, SLIDE SASH TO CENTER OF UNIT AND PASS BOLTS THROUGH OPENINGS AT TOP AND BOTTOM.
2. STORM WINDOWS SHOULD BE REMOVED AND STORED INSIDE STRUCTURE.
3. OUTSIDE TRIM MAY HAVE TO BE REMOVED TO ACCOMMODATE A FLUSH AND TIGHT FIT.
4. TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE.
5. BRACE LOCATIONS: A = 1/3 B (SEE DIMENSION LOCATIONS ON DRAWING) NOTE: WINDOWS 3 FEET IN HEIGHT OR SHORTER ONLY REQUIRE ONE BRACE.
6. LOCATION OF BOLT HOLES: C = 1/3D (SEE DIMENSION LOCATIONS ON DRAWING)
7. THE PLYWOOD BOARD SHOULD BE SECURED WITH SCREWS EVERY 12" ALONG
THE PERIMETER OF THE FRAME OF THE WINDOW, DOOR, OR OPENING, AND WITH DECK NAILS AT EVERY 6” MARK WHERE SCREW IS NOT PLACED.
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 47 6/21/2022
City of Santa Ana RFP 22-068
DOOR BOARDING SPECIFICATIONS
NOTES:
1. IRON DOORS OR FRAMES MAY BE REMOVED AND STORED INSIDE BUILDING IF NECESSARY.
2. USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING.
LONGER BOLTS MAY BE NECESSARY.
3. TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE.
4. IF PLYWOOD CAN NOT BE BUTTED AGAINST BAND MOLDING, CUT TO COVER OUTSIDE EDGE OF DOOR FRAME.
5. BOLT HOLES ARE LOCATED AS THEY ARE FOR WINDOWS (SEE WINDOW DETAIL)
6. CENTER BRACE LOCATED IN CENTER OF DOORWAY OPENING. TOP AND BOTTOM BRACES ARE POSITIONED WHERE A = 1/2B (SEE DIMENSION LOCATIONS ON
DRAWING)
7. USE 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM. DRILL TO THE FLOOR TO PREVENT OPENING. INTERIOR AND EXTERIOR BOTTOM BRACES WITH MASONRY SCREWS ARE MANDATORY WHEN BOARDING GARAGE DOORS.
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 48 6/21/2022
City of Santa Ana RFP 22-068
BRACE AND CARRIAGE BOLT SPECIFICATION
NOTES:
1. USE 2" BY 4" BY 8' (OR LONGER) CONSTRUCTION GRADE LUMBER FOR BRACES.
2. USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING
3. TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS WASHER INTO 2X4 BRACE.
4. USE 1/2" WASHER ON WEATHER SIDE TO ACCOMMODATE THE WRENCH NECK OF BOLT AND ELIMINATE PRY POINTS.
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 49 6/21/2022
City of Santa Ana RFP 22-068
WINDOW ASSEMBLY
MATERIALS REQUIRED PER WINDOW
1 - 1/2" CDX PLYWOOD SHEET-CUT TO DIMENSIONS OF WINDOW FRAME (WEATHER SIDE 4 - 2X4 BRACES - CUT TO WIDTH OF PLYWOOD
4 - CARRIAGE BOLT ASSEMBLIES
NUMBER OF WINDOWS TO BE SECURED (NW): __________________ NUMBER OF WINDOWS BRACES REQUIRED: (NW X 4) __________________ CARRIAGE BOLT ASSEMBLIES REQUIRED (BW): (NW X 4)__________________
DOOR ASSEMBLY
MATERIALS REQUIRED PER DOOR
1 - 1/2" CDX PLYWOOD SHEET - CUT TO DIMENSIONS OF DOOR FRAME (WEATHER SIDE) 1 - 1/2" CDX PLYWOOD SHEET - CUT TO OUTSIDE DIMENSIONS OF DOOR FRAME TRIM (INSIDE)
6 - 2X4 BRACES - 3 CUT TO WIDTH OF OUTSIDE PLYWOOD
- 3 CUT TO WIDTH OF INSIDE PLYWOOD
1 - 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM DRILLED TO FLOOR (INSIDE) 6 - CARRIAGE BOLT ASSEMBLIES
NUMBER OF DOORS TO BE SECURED (ND): __________________
NUMBER OF DOOR BRACES REQUIRED: (ND X 6) __________________ NUMBER OF BOTTOM BRACES REQUIRED: (ND) __________________ CARRIAGE BOLT ASSEMBLIES REQUIRED (BD): (ND X 6) __________________
CARRIAGE BOLT ASSEMBLY
MATERIALS REQUIRED PER CARRIAGE BOLT ASSEMBLY
1 - 3/8" X 12' (OR LONGER IF NECESSARY) CARRIAGE BOLT - COURSE THREAD 1 - 1/2" USS STANDARD FLAT WASHER (WEATHER SIDE)
1 - 3/8" USS STANDARD FLAT WASHER (INSIDE)
1 - 3/8" CONSTRUCTION GRADE NUT - COURSE THREAD
TOTAL CARRIAGE BOLT ASSEMBLIES REQUIRED FOR WINDOWS AND DOORS:
(BW + BD) __________________
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 50 6/21/2022
EXHIBIT B
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 51 6/21/2022
BID SUBMISSION
DATE: 5/3/2022
TO: City of Santa Ana
FROM: Hunter Consulting Inc., dba HCI Environmental & Engineering RE: RFP # 22-068
NAME: Trash, Weeds, Rubbish & Sanitation Abatement and Board up Services HCI Environmental & Engineering is responding to the City of Santa Ana RFP No. 22-068 entitled Trash, Weeds, Rubbish & Sanitation Abatement and Board-up Services. If awarded the agreement, HCI agrees to enter into a contract with the City of Santa Ana to provide board-up, weed and sanitation abatement services to ensure hazardous, and/or substandard properties are properly secured, abated, cleaned to prevent harm and attractive muisances to the structure and/or community. HCI has the experience, availability of staff and other required resources for performing all services and providing all deliverables as described in this solicitation including all of the required permits and approvals to package, manage and transport hazardous waste (attached to this submission). Furthermore, HCI confirms having a health and safety program as required by Title 8, California Code of Regulations, and will comply with all local, State, and Federal laws and regulations governing haulers of hazardous waste.
• This bid is to remain valid for a period of not less than 90 days from the date of submittal.
Should any questions arise, or any items that need to be clarified, please contact Greg Parker (President) who is authorized to represent HCI as well as enter into negotiations in respect to this IFB and any subsequently awarded contracts, at the number listed below.
Gregory J Parker
President/CEO
Hunter Consulting Inc.,
dba HCI Environmental & Engineering Services
[email protected]
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 52 6/21/2022
HAZMAT TEAM
www.HCIENV.com
CAPABILITY STATEMENT
BUSINESS SUMMARY:
HCI is a full-service environmental management company specializing in general contracting, biohazard clean-up, hazardous waste transportation & disposal and 24/7 emergency chemical spill response.
HCI provides consistent, cost-effective services and products to customers throughout the United States, and we have provided superior environmental services to the private, commercial and government sectors for over 30 years. HCI’s workforce includes engineers, planners, and scientists who are capable of delivering a variety of specialized support services at a moment’s notice.
CAPABILITIES:
- Demolition - Fentanyl/and other Opioid Decontamination - Coronavirus Decontamination - Emergency Chemical Spill Response - Bio Hazard Decontamination - Vacuum Tanker, Bulk Tanker, Truck & Trailer - Containerized Waste - Sampling and Analysis
- Bulk Waste - Waste Categorization, Profiling & Manifesting - Lab Packs - Trauma Scene Clean up
FACILITIES AND EQUIPMENT:
- Vacuum Trucks - Loaders
- Excavators - Box Vans - Truck & Trailers
- Equipment Trucks - Bobcats - Backhoes
- High-Pressure Washers - Light Towers
EXPERTISE:
HCI’s experience offers several distinct advantages that include technical understanding, management systems, and resources. We bring value and strength to our customers through:
• Understanding of public agencies – We have significant experience working with large public entities with multiple, concurrent tasks and complicated environmental issues while meeting strict budget and schedule requirements.
• Proven past performance – We take pride in our ability to provide superior work products and rapidly respond to clients’ requests and needs.
• Development of practical and attainable solutions– HCI understands the necessity of making timely and cost-effective decisions.
Summary
HCI is committed to providing superior service to all its clients by maintaining a fully staffed customer service and regulatory compliance department. We are a hands-on, turn-key, field services company specializing in providing the expertise, personnel, equipment, and technology to complete a wide variety of environmentally related projects.
Our successful track record is built upon a combination of diligence, flexibility, and process, all of which provides a thorough understanding of our clients’ needs. Our high-quality service, coupled with competitive rates and our extensive database of qualified personnel, combine to make HCI the right choice for your environmental and engineering needs.
Company Name:
Hunter Consulting Inc., dba HCI
Environmental & Engineering
Corporate Office:
1680 Commerce Street
Corona, CA 92880
Mailing Address:
P.O. Box 2745
Corona, CA 92878
Phone:
Office: 951.280.0298
24/7/365: 800.988.4424
Fax: 951.280.0118
Email:
[email protected]
Website:
Hcienv.com
California Corporation:
C2201286
Dunns:
799449827
Municipal Contracts:
City of San Jose
City of Pasadena
County of San Bernardino
County of Los Angeles
County of Riverside
Riverside Sheriff
City of Palmdale
City of Murietta
City of Menifee
City of Fontana
City of Ontario
Orange County Sheriff
Superior Court of California
OC Public Defender
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 53 6/21/2022
Staffing
RESUMES
PROPOSED STAFF
SUPPORT STAFF
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 54 6/21/2022
GREGORY J PARKER
Professional Summary
Project/goal oriented including both corporate and personal achievements with 30 years diversified staff, marketing, sales, engineering, operations, project management, and regulatory compliance experience. Servicing Industrial, Commercial and Public Entities
Professional Experience
Hunter Consulting, Inc
Dba HCI Environmental & Engineering Service, Riverside, CA 10/99-Current President, Founder and Shareholder
HCI is a full-service environmental management firm making use of its experience and contacts in the industry to develop and grow into the nation’s premier engineering and waste management service provider Current Services include:
Environmental Engineering
Contaminated Soil
Remediation/Excavation
Site Decontamination
UST/AST Removal & Installation
Confined Space Entry
Asbestos Abatement
Tank Cleaning & Demolition
DeMenno/Kerdoon Corporation
Compton CA 8/98-10/99
Hazardous Waste Disposal/Recycling/Treatment
Containerized Waste Streams
Bulk Waste Streams
Hazardous & Non- Hazardous
Waste Sampling & Classification
Emergency Spill Response
Train Car Derailment
Vehicle Turn-over
Punctured Fuel Tank
Spilled Containers
Contaminated Storm Drain
Transportation
Vacuum Tankers
Roll-off
Super Suckers
Box Vans
Bulk Tankers
(Change of Employer due to Acquisition of Advanced Environmental, Inc by DeMenno/Kerdoon Corporation) Executive Vice President
The United States largest waste oil, wastewater, and antifreeze recycler. The DeMenno/Kerdoon group of companies include Advanced Environmental, Inc (Environmental Engineering and 24/7 Emergency Response to hazardous material spill incidents) Asbury Environmental Services (Transportation of hazardous waste via over 300 vehicles and waste management practice) D/K Environmental (Fully permitted treatment, storage, disposal facility to include all liquids and solid waste streams) and DeMenno/Kerdoon (Fully permitted treatment, storage, disposal facility to include oil recycling, waste water treatment and antifreeze recycling) is California’s premier full service hazardous/Non-hazardous liquid/solid waste management company with 400 employees.
Licenses Held
Class A-General Contractors License
California State Contractors License Board #788216
ASB-Asbestos Cert, HAZ-Hazardous Substances Removal,
C- 21 Demolition
South Coast Air Quality Management District
Indoor Air Quality Association
CertifiedMold Remediator #02793
Professional Memberships
Professional Seminars & Training
American Management Association Hazardous MaterialDale
Carnegie Leadership Training for Managers
Sales
Management
Finance
Computer
Environmental
Transportation
Goldman Sachs 10,000 small business graduate
Hazardous Waste Association, American Management Association, California Management Association DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 55 6/21/2022
C. ROBERT GUY
Professional Summary
Project goal oriented Executive Manager including both corporate and personal achievements with 16 years diversified staff, marketing, sales, engineering & construction, operations, project management, transportation, and regulatory compliance experience. With over 20 years’ experience in the environmental management industry, I have focused on the Construction/Engineering aspects in the environmental field.
Professional Experience
Hunter Consulting, Inc
Dba HCI Environmental & Engineering Service, Riverside, CA 10/99-Current Chief Operating Officer
HCI is a full-service environmental management firm making use of its experience and contacts in the industry to develop and grow into the nation’s premier engineering and waste management service provider Current Services include:
Environmental Engineering
Contaminated Soil
Remediation/Excavation
Site Decontamination
UST/AST Removal & Installation
Confined Space Entry
Phase I, II & III
Asbestos Abatement
Tank Cleaning & Demolition
DeMenno/Kerdoon Corporation
Compton CA 8/98-10/99
Hazardous Waste Disposal/Recycling/Treatment
Containerized Waste Streams
Bulk Waste Streams
Hazardous & Non Hazardous
Waste Sampling & Classification
Emergency Spill Response
Train Car Derailment
Vehicle Turn-over
Punctured Fuel Tank
Spilled Containers
Contaminated Storm Drain
Transportation
Vacuum Tankers
Roll-off
Super Suckers
Box Vans
Bulk Tankers
(Change of Employer due to Acquisition of Advanced Environmental, Inc by DeMenno/Kerdoon Corporation) Management & development of various company departments as a well as assist in the conception & implementation of new policies & procedures. The management team works closely together to provide excellent products and services ultimately benefiting the customer. Responsible for review of financial matters regarding banking & financing, employee development, equipment purchases, etc. Maintain good public relations with ongoing customers and the local community organizations. Focused on hazardous/non hazardous waste transportation and disposal of containerized and bulk material, environmental engineering, asbestos, lead, and mold abatement, installation and removal of aboveground/below ground storage tanks, soil excavation/remediation, demolition, and 24 hour/7 day a week emergency response. Oversee the disposal of all materials in compliance with all local, state and federal regulations.
Education and Training
Orange Coast College-Associate of Arts Degree
University of Southern California-Bachelor of Science, Business Administration 40-hour Hazwoper Certified
Terrorism Awareness
OSHA 29 CFRA-1910-120(9)
MFPA Standard 472
Hazardous Materials Incident Command Training
40-Hour Asbestos Supervisor
40-Hour Lead Supervisor
DO-HM 181 and Security Training
NUCA Excavation Safety and Competent Person
training
California Hazardous Waste Classification Training,
Hazardous Waste Manifest Training
Heavy Equipment Training
Professional Memberships Hazardous Waste Association, American Management Association, California Management Association, Solid WasteAssociation of North American, Indoor Air Quality Association DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 56 6/21/2022
DC OLSEN
Professional Summary
Project oriented environmental construction manager with 20 plus years’ experience on large and small environmental construction projects.
Professional Experience
Hunter Consulting, Inc
dba HCI Environmental & Engineering Service, Corona, CA 10/99-Current Vice President of Operations
HCI is a full-service environmental management firm making use of its experience and contacts in the industry to develop and grow into the nation’s premier engineering and waste management service provider Current Services include:
Environmental Engineering
Contaminated Soil
Remediation/Excavation
Site Decontamination
UST/AST Removal & Installation
Confined Space Entry
Phase I, II & III
Asbestos Abatement
Tank Cleaning & Demolition
Hazardous Waste Disposal/Recycling/Treatment
Containerized Waste Streams
Bulk Waste Streams
Hazardous & Non Hazardous
Waste Sampling & Classification
Emergency Spill Response
Train Car Derailment
Vehicle Turn-over
Punctured Fuel Tank
Spilled Containers
Contaminated Storm Drain
Transportation
Vacuum Tankers
Roll-off
Super Suckers
Box Vans
Bulk Tankers
National Construction
Corona, CA 3/95-10/99
Environmental construction project management “UST/AST removal & installation, soil remediation, lead & asbestos abatement & demolition, environmental construction & petroleum product project estimator. Provide hazardous waste management to area-based manufacturers and waste generators. Oversee customer interaction and customer service. Provide support to sales staff and shareholders. Solicit & bid for environmental & construction projects. On call 24/7 emergency response. Transportation & disposal of containerized and bulk material.
Sampling & profiling.
Professional Seminars & Training
40 hour Hazwoper certified, terrorism awareness, OSHA 29 CFRA-1910-120(9) and NFPA Standard 472 Hazardous Materials Incident Command Training, 40 Hour Asbestos Supervisor, 40 Hour Lead Supervisor, DOT-HM 181 and Security Training, NUCA Excavation Safety and Competent Person Training, California Hazardous Waste Classification Training, Hazardous Waste Manifest Training and Heavy Equipment Operator Training.
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 57 6/21/2022
TRESSA HAUSNER
Professional Summary
Provide interpretation of environmental regulatory requirements for such agencies as the California Department of Toxic Substance Control (Title 22), The United States Federal Register (49 CFR), OSHA Regulations (29CFR) Code of Federal Regulations, The California Highway Patrol BIT program and the Department of Health Services specifically the Medical Waste Management Act.
Responsible for all forms of document preparation, i.e.: hazardous waste manifest, hazardous waste labels, land ban restriction forms.
Work as a liaison with disposal facilities; accurately identify the type of waste whether it be hazardous or non hazardous and provide the proper documentation, protective equipment and scope of work needed to ship the materials safely. Review environmental service contracts, identify compliance action dates, and track all compliance requirements. Work as a nexus to assist clients in properly completing regulatory inquiry documents submitted by various agencies. Respond to emergency releases of hazardous chemicals and act as a regulatory liaison.
Professional Experience
Hunter Consulting, Inc
Dba HCI Environmental & Engineering Service, Corona, CA 4/04-Current V.P. Customer Relations/ Regulatory Compliance
• Responsible for reviewing and creating environmental contracts including characterization of a field inventory sheets • Ensure customer satisfaction which includes communicating with Operations, to make certain jobs go according to proposal • Assist in answering phone when necessary
• Ability to communicate on a professional level
• Knowledge of company policies
• Knowledge of industry, ability to extensively answer and explain client questions • Manage low costs from TSDF, Transporters and various vendors • Review TSDF, Transporter and various vendor statements/bills to ensure correct costs • Review field paperwork to ensure customer satisfaction • Sets-up, organizes and maintains all filing associated with customer service such as, hazardous waste proposals and contracts • Provides interpretation of environmental regulatory requirements for various agencies associated with local, state and federal • Responsible for all forms of documentation such as but not limited to: i.e., Hazardous Waste Manifests, LDR’s, Profiles, Waste Labels • Works as a liaison with disposal facilities; accurately identifying waste streams, provide proper documentation • Nexus to assist clients with regulatory inquiries as completing annual documents provided by various agencies, changes on manifests, profiles and LDR’s;
• Ensures all samples are taken properly and chain of custody is filled out correctly, provides correct EPA methods for various samples • Ability to read and interpret analytical results
• Sets-up, organizes and maintains all filing associated with regulatory compliance such as, profiles, manifests, LDR’s and check off list • Creates and provides all paperwork associated with the transportation and disposal of hazardous waste such as, hazardous waste manifests, LDR’s, waste labels, check off list
• Responsible for manifest rejections from TSDF
Education:
• High School Diploma
• Complete 40 Hours Hazwoper training
• D.O.T. Drug & Alcohol Supervisor
• HM-181 Cargo and Security Awareness
• California Hazardous Waste Classification Training
Knowledge:
• Knowledge of Resource Conservation Recovery Act (RCRA) requirements/regulations • Knowledge of chemicals
• Knowledge and ability to look up all regulations associated with the environmental industry i.e., DOT, EPA, DTSC, OSHA, Medical Waste Act
• Quick Books experience
Competencies:
• Proficient with Windows based applications
• Proficient with Compliance Suite Manifest Program
• Adheres to all local, state, and federal regulations
• Attention to detail
• Able to multi-task under pressure
• Strong communication skills
• Strong customer service skills
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 58 6/21/2022
JENNIFER CLEMISON
Professional Summary
30 years diversified staff, marketing, sales, operations, project management and specialty projects. Servicing Commercial and public entities. Certificates: 40 hour Hazwoper certified, Covid 19, DOT-HM 181 and Security Training California Hazardous Waste Classification Training, Confined Space Certified, First Responder Certified, TWIC Card Holder, 5 K Forklift, Drum Handling and Heat Stress.
Professional Experience
Hunter Consulting, Inc.
Dba HCI Environmental & Engineering Service, Corona, Ca 08/2017 – Current VP of Business Development
HCI is a full-service environmental management firm making use of its experience and contact in the industry to develop and grow into the national’s premier engineering and waste management service provider.
Current Services include:
Environmental Engineering Hazardous Waste Disposal/Recycling/Treatment Transportation Contaminated Soil Containerized Waste Vacuum Tankers
Remediation/Excavation Bulk Waste Streams Roll-off
Site Decontamination Hazardous & Non- Hazardous Super Suckers UST/AST Removal & Installation Waste Sampling & Classification Box Vans Confined Space Entry Emergency Response Bulk Tankers
Phase I, II & III Train Car Derailment
Asbestos Abatement Vehicle Turn-over
Tank Cleaning & Demolition Punctured Fuel Tank
Spill Containment
Contaminated Storm Drain
Environmental Recovery Services, Inc. Gardena, Ca 01/1991 – 02/2017 Executive Sales Manager/Facility Supervisor
Sales, Customer Service, Emergency Response Supervisor, Specialty Project Supervisor, Logistics Trainer in Equipment Operations, Forklift Operator and Trainer Human Resources Health and Safety Interests
I am a promoter for the largest all women’s Off-Road race in the USA to help find a cure for Breast Cancer. I have been involved with and promoting this race for the past 16 years and have helped raise over $800,000.00.
I race a class 1 Off-Road car and run an Off-Road race team with 7 Off-Road cars. I’m a mother of 3, have been married for 26 years.
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 59 6/21/2022
Executive Staff
Greg Parker
Title: President
Years Experience: 33 Year(s)
Certifications: 40 Hour Hazwoper, 8 Hour Hazwoper Refresher, Annual Hazmat DOT Manifest Training, DOT Basic Hazmat Training, Confined Space Training, Annual Heat Stress Prevention Training, Hazardous Communication Annual Awareness Training, Forklift Training.
C. Robert Guy
Title: Secretary/Treasurer
Years Experience: 33 Year(s)
Certifications: 40 Hour Hazwoper, 8 Hour Hazwoper Refresher, Annual Hazmat DOT Manifest Training, DOT Basic Hazmat Training, Confined Space Training, Annual Heat Stress Prevention Training, Hazardous Communication Annual Awareness Training, Forklift Training.
DC Olsen
Title: Vice President of Operations
Years Experience: 20 Year(s)
Certifications: 40 Hour Hazwoper, 8 Hour Hazwoper Refresher, Lead Supervisor Training, Annual Hazmat DOT Manifest Training, DOT Basic Hazmat Training, Confined Space Training, Annual Heat Stress Prevention Training, Hazardous Communication Annual Awareness Training, Forklift Training.
Tressa Hausner
Title: Vice President of Customer Relations
Years Experience: 16 Year(s)
Certifications: 40 Hour Hazwoper, 8 Hour Hazwoper Refresher, Lead Supervisor Training, Annual Hazmat DOT Manifest Training, DOT Basic Hazmat Training, Confined Space Training, Annual Heat Stress Prevention Training, Hazardous Communication Annual Awareness Training, Forklift Training Jennifer Clemison
Title: Vice President of Business Development
Years Experience: 32 Year(s)
Certifications: 40 Hour Hazwoper, 8 Hour Hazwoper Refresher, Lead Supervisor Training, Annual Hazmat DOT Manifest Training, DOT Basic Hazmat Training, Confined Space Training, Annual Heat Stress Prevention Training, Hazardous Communication Annual Awareness Training, Forklift Training DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 60 6/21/2022
Proposed Staff
2-Logistics Coordinators/Supervisors of Operations
Combined Years Experience: 16 Year(s)
Certifications: 40 Hour Hazwoper, 8 Hour Hazwoper Refresher, Annual Hazmat DOT Manifest Training, DOT Basic Hazmat Training, Confined Space Training, Annual Heat Stress Prevention Training, Hazardous Communication Annual Awareness Training, Forklift Training. 16- Environmental/Field Technicians
Years of Experience: 1-5 Year(s)
Certifications: 40 Hour Hazwoper, 8 Hour Hazwoper Refresher, Annual Hazmat DOT Manifest Training, DOT Basic Hazmat Training, Annual Heat Stress Prevention Training, Hazardous Communication Annual Awareness Training, Forklift Training. 8-Confined Space Technicians
Years of Experience: 1-5 Year(s)
Training includes: recognition of confined space hazards, identification of permit and non-permit required confined spaces, use of instrumentation to evaluate atmospheric hazards, ventilation techniques, development and implementation of a confined space program and proper signage.
Support Staff
3-Department Managers
Manager of Accounting
Manager of Customer Service
Manager of Contracts and Marketing
3-Accounting Department
A/R, A/P, invoicing, payroll, licensing & permits
4-Customer Service Department
Profiles, compliance, inventory & quotes
3-Marketing Department
Customer service, quote requests, administrative
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 61 6/21/2022
Demonstrated and Technical Experience
REFERENCES
WORK PLAN
SCENERIOS
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 62 6/21/2022
References
Emergency Response
Bio Waste
Trauma Scene
Company: City of Murrieta
Contact: Brian Ambrose
Phone: 951-461-6114
Email: [email protected]
Address: 1 Town Square, Murrieta, CA 92562
Description: Homeless encampment clean-up
Date: 9/30/2021- Current
Contract to date: $50,000.00 Approx.
Company: City of San Jose-Beautify San Jose Program
Contact: Rhea Schmitz
Phone: 408-282-3320
E-Mail: [email protected]
Address: 200 E. Santa Clara Street, San Jose CA 95112
Description: Disposal of Bio-Hazardous Wastes, Homeless encampment cleanup Date: 10/2019- Current
Contract Amount so far: $949,000.00
Company: Moulton Niguel Water District (Water District) Name: Todd Novacek
E-Mail: [email protected]
Phone: (949) 425-3535
Address: 32332 Crown Valley Parkway, Laguna Hills, CA 92692 Description: Disposal of bio-hazardous, homeless encampment clean up Contract to date: $490,000.00 Approx.
Company: City of Anaheim Crime Scene Clean up
Phone: 714-765-4093
E-Mail: [email protected]
Address: 425 S. Harbor Blvd., Anaheim CA
Description: Emergency response, crime scene, Disposal of Bio-Hazardous Wastes Date: 3/01/15- Current
Contract amount so far: $115,000 Approx.
Company: County of Riverside Sheriff’s Department
Contact: Dan Ybarra
Phone: 951-245-3336
Email: [email protected]
Address: 3319 Avalon& 34th Street, Jurupa Valley, CA 92509 Description: Disposal of Bio-Hazardous Wastes/ Trauma Scene Cleanup Date: 2012-current
Amount so far: $45,000.00 Approx
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 63 6/21/2022
In regards to the management and response to the customers needs, the following steps will be taken with respect to the Scope of Work.
Emergency Situation:
When a hazardous material incident occurs, attention must be paid to the prevention of the hazardous material spreading and unnecessary contamination of the spill location, environment and property.
Containment is the prevention or reduction of the continuing spread of hazardous materials by various means. However, the first priority is to protect personnel.
Containment methods include berming, use of absorbents, covering, damming and using jelling agents.
Berming, curbing or diking with available materials prevents further spread of the materials or directs the flow of the materials in a more desired direction. Control is the act of preventing more discharge of hazardous material, usually from the source.
Control methods include repairing leaks, closing valves, capping discharge materials, solidifying, plugging, patching or any other effective control method applicable during the response to the incident which may reduce or stop the flow. Control activities may require the personnel to enter the high risk area called the “exclusionary zone” to conduct control activities. This requires wearing chemically protective clothing and equipment which can make the task of control more difficult to achieve. Only trained workers can conduct “safe” control techniques.
• HCI receives live operator calls 24 hours a day 7 days a week • HCI requests type and quantity of material spilled and address of spill location • HCI dispatches a Project Manager and appropriate personnel to spill location with equipment truck and necessary spill containment supplies to be on-site with-in one to two hours • When HCI arrives onsite, the spill situation will be assessed, account for and ensure the safety of all people, isolate the area and, if possible, stop the flow of product. HCI will then take steps to control the incident
• Once the spill is under control, HCI will begin spill clean-up procedures • HCI will schedule the waste for transportation, and prepare all necessary documentation to include shipping documents and labeling requirements
• HCI will profile the waste stream to the designated facility • HCI will obtain an EPA ID number for the responsible party, if needed • Waste will be packaged, loaded on to truck, labels will be fixed to container, paperwork signed and copies left with the client
• HCI will then transport the waste to the designated facility and drop off for disposal • All paperwork will be signed by facility and proper documentation will be mailed back to the customer for their files and a emergency event report will be emailed to the customer within 24-48 hours. ;
Work Plan
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 64 6/21/2022
Non-Emergency Situation:
• HCI receives fax, email or phone order
• HCI contacts appropriate person at customer site to confirm types and quantities of waste • If necessary, HCI will schedule an Environmental Technician to view and inventory the waste within one to two days
• A Environmental Technician will be scheduled if it is determined sampling or analysis is needed
• HCI will complete a profile to the designated waste disposal facility • HCI will schedule the waste for transporatation
• HCI will prepare all necessary documentation to include shipping documents and labeling requirements
• If necessary HCI will optain a EPA ID number for the customer • At the time of pick-up, HCI will have all the appropriate containers, safety equipment, appropriate paperwork and Environmental Technicians to perform the job • Waste will be packaged, loaded on to truck, labels will be fixed to container and paperwork will be signed and copies will be left with the customer
• HCI will then transport the waste to the designated facility and drop off for disposal • All paperwork will be signed by facility and proper documentation will be mailed back to the customer for their files.
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 65 6/21/2022
Homeless Encampment Clean-up
HCI crews are sensitive to these situations and make every effort to work with the people and cities affected by this and create as pleasant an environment as possible.
Services Provided:
-Demolition and disposal of structures and large debris. -Collection, removal and disposal of small debris.
-Collection, packaging, preparation of proper paperwork and transportation of bio-hazardous materials (sharps, human feces, urine, soiled clothing, drug paraphernalia, trauma scene debris and human excrement, etc.) -Collection, packaging, preparation of proper paperwork and transportation of hazardous waste (aerosols, petroleum products, paint, etc.)
HCI’s environmental technicians are fully trained for all scenario’s experienced during the homeless encampment cleanup program including but not limited to the following: -Bloodborne pathogens -Trauma scene cleanup - COVID-19 decontamination -40 hour HAZWOPER -Confined space entry -Chemical spill response and remediation - Characterization and labpacking
HCI understands the requirements of each project differ. HCI is very experienced in working with law enforcement and city personnel in multiple scenarios. HCI is fully licensed and insured to provide homeless encampment cleanup services 24/7/365.
Please visit our website at www.hcienv.com for more information or call me at either number below, we also have several contracts with other local cities, that may fit your needs also.
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 66 6/21/2022
Confined Space Entry Event
In a confined space entry event HCI Environmental onsite personnel will conduct a pre-entry and rescue site assessment.
Once it is determined that a confined space entry needs to be performed, HCI's acting supervisor will fill out a confined space permit.
All confined space entrants, attendants and rescue personnel will determine who is going to be assigned what specific tasks during the course of the confined space objective.
HCI will perform a lockout/ tag-out procedure on all utilities, if present, in the confined space.
All certified confined space equipment such as tripods, harnesses, lanyards, rescue lines, ventilators, SCBA's, winches, and 4 gas meters will be inspected and calibrated.
Clearance of the atmosphere will be recorded on the confined space entry permit.
A pre-site rescue assessment will be conducted in order to determine the type of rescue that will be utilized.
Entry into the confined space will be considered after all 4 gas meter recordings have been performed and are below the Oxygen (o2), Lower Explosive Limit (LEL), Hydrogen Sulfide (H2S) and/or Methane threshold limits.
The confined space atmosphere will be consistently monitored during the entry and logged every 10-15 minutes to see if there are any fluctuations in the air monitoring results.
After the confined space entry objective has been accomplished the Entry Supervisor will sign off on the confined space permit and close out the confined space permit for the specific entry.
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 67 6/21/2022
Crime and Trauma Scene Clean-Up
HCI understands the care necessary when addressing a Crime or Death Scene. It is a non-planned event and very emotional time for most involved. We take the time to understand your situation and address it in the most cost-effective responsible manner possible.
HCI assesses waste and size of clean-up.
A “before” picture is taken of the scene.
HCI soaks bio-waste with approved solution in order to “soften” material.
During the “softening” process, HCI gathers supplies in order to start the waste cleaning procedure.
Depending on the waste, HCI will either scrub, spray or scoop waste into approved biohazard container(s).
HCI will continually clean contaminated site until no further waste is visible.
An “after” photo is taken of the scene.
Once the site is clean, HCI will sign off on a federally regulated manifest and haul waste and cleaning supplies to be properly disposed of.
HCI is a California Department of Public Health Trauma Scene Waste Pracitioner.
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 68 6/21/2022
Hazardous Material Dumping
HCI Environmental & Engineering Service and its affiliates are fully licensed and insured to handle all categories of hazardous materials including explosives, pressurized gas cylinders, and radioactive material. All personnel are fully trained in the “safe” removal of these materials in various situations, and are certified in respiratory protection, confined space entry, and C.P.R.
Drivers and technicians participate regularly in ongoing programs and “tail gate” safety meetings to further their knowledge and experience in safety and procedures.
When arriving to a dumping site of unknown waste, HCI first takes pictures of each item and any labels that are on containers that may give an indication of what the substance is.
A call is placed to dispatch and the customer to confirm if we are to proceed with testing and removal.
Once confirmed the technician will do a Chemical Classifier Strip to determine if they are acid/base, bromine, chlorine, fluoride, iodine, irganic solvent, oxidizer or petroleum distillates.
The testing results and pictures are then sent over to HCI’s compliance department to determine how the substances with be classified and packaged.
Once packed into U.N. Approved Containers they will be manifested and transported off site to an approved TDSF.
HCI Environmental & Engineering Service maintains the highest rating from the DOT.
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 69 6/21/2022
Rate and Service Structure
Additional Pricing
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 70 6/21/2022
Rate and Service Structure
A. Board-up cost of 1st standard window/ (1) each additional window thereafter B:
$400.00 Flat Rate (maximum 4 hours anything above 4 hours resorts to hourly rate) $355.00 Hourly Rate
Board up cost of 1st single door opening /(1) each additional door thereafter C. Board of cost of a garage
$400.00 Flat Rate (maximum 4 hours anything above 4 hours resorts to hourly rate) D. Bolt, screw door, garages and windows
E. Chain and lock fee
$25.00 per set bolt & screws
F. Weed abatement service: includes mow, hand weed abatement, blow off sidewalks, edging and handwork of perimeter, disposal etc., (primarily neglected residential, commercial property) per hour rate
$1340.00 Flat Rate (maximum 4 hours anything above 4 hours resorts to hourly rate) G. Small scale- Debris removal service; cost per ton. Includes clean-up debris by hand, disposal (no heavy equipment)
$2610.00 Flat Rate (maximum 4 hours anything above 4 hours resorts to hourly rate) $1035.00 Hourly Rate
$85.00 per set chain & lock
$1600.00 Flat Rate Flat Rate (per garage door)
$355.00 Hourly Rate
$775.00 Hourly Rate
$550.00 Hourly Rate
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 71 6/21/2022
H. Large Scale- Debris removal service cost, unpermitted encampments. Cost of heavy equipment that include but may not be limited to Track Loaders, Truck and semiend dump trailer combinations, Water trucks, High Reach fork-lifts, Stake bed trucks, backhoes, skip loaders, tractors, and additional service trucks and machinery to assist.
Evaluation and analysis will be based on submittal of proposal and all identified costs, including any and all costs related to collect and dispose items.
I. Travel charge
J. After hour charge
Please see attached Homeless Encampment Pricing
Manifest Fee $30.00 (each)
Mob and Demob of equipment $600.00 (per each large piece of equipment) Bio Hazardous Waste Containers: $25.00
Bio Hazardous Misc Supplies & PPE: $125.00
Bio Hazardous waste disposal: TBD
Hazardous Materials Disposal and Transportation: TBD
$160.00 (per location/per tech-4 hr min)
$230.00 (per truck/per tech-4 hr min)
Additional Pricing
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 72 6/21/2022
Below is a list of common items used on a homeless encampment remediation.
Items used are site specific, client is billed for only what is used.
Description Straight Time UOM
Equipment Truck $350.00 per day
Track Skid Steer $620.00 per day
Grapple Bucket $190.00 per day
Backhoe $575.00 per day
Fuel-Grease-Maintenance-Per Piece of Equipment $250.00 per day Mobilization of Equipment-Per Piece of Equipment $300.00 each Demobilization of Equipment-Per Piece of Equipment $300.00 each Dump Trailer $400.00 per day
Generator $150.00 per day
Confined Space Equipment $1,650.00 per day
Class C PPE-tyvek, hard hats, safety glasses $55.00 per man/per day Misc hand tool-pickers, shovels, rakes $300.00 per day
55g Drum-Hazardous Waste $75.00 each
44g Drum-Bio Waste $35.00 each
1 Quart Sharps Containers $50.00 each
40 Yard Roll off Bin $35.00 per day
Narcan Kit(required at every site) $135.00 each
Biological/Sharps Waste Load Fee $125.00 each
Manifest Fee $30.00 each
Crawler Loader $125.00 hour
Dump Trailer (small) $135.00 hour
Hi Reach Forklift $150.00 hour
Skip Loader $125.00 hour
Tractor $135.00 hour
Hazardous Waste Disposal Charges to be determined, based on weight and type.
Trash Disposal Charges to be determined, based on weight and city.
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 73 6/21/2022
Licensing and Permits
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 74 6/21/2022
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D
City Council
29 – 75
6/21/2022
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
HAZARDOUS MATERIALS
CERTIFICATE OF REGISTRATION
FOR REGISTRATION YEAR(S) 2020-2023
Registrant: HUNTER CONSULTING INC DBA HCI ENVIRONMEN
ATTN: Tressa Hausner
12155 MAGNOLIA AVE SUITE 4C
RIVERSIDE , CA 92503
This certifies that the registrant is registered with the U.S. Department of Transportation as required by 49 CFR Part 107, Subpart G.
This certificate is issued under the authority of 49 U.S.C. 5108. It is unlawful to alter or falsify this document.
Reg. No: 051320550050CE Effective: July 1, 2020 Expires: June 30, 2023 HM Company ID: 301615
Record Keeping Requirements for the Registration Program The following must be maintained at the principal place of business for a period of three years from the date of issuance of this Certificate of Registration:
(1) A copy of the registration statement filed with PHMSA; and (2) This Certificate of Registration
Each person subject to the registration requirement must furnish that person's Certificate of Registration (or a copy) and all other records and information pertaining to the information contained in the registration statement to an authorized representative or special agent of the U. S. Department of Transportation upon request.
Each motor carrier (private or for-hire) and each vessel operator subject to the registration requirement must keep a copy of the current Certificate of Registration or another document bearing the registration number identified as the "U.S. DOT Hazmat Reg. No." in each truck and truck tractor or vessel (trailers and semi-trailers not included) used to transport hazardous materials subject to the registration requirement. The Certificate of Registration or document bearing the registration number must be made available, upon request, to enforcement personnel.
For information, contact the Hazardous Materials Registration Manager, PHH-52, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE, Washington, DC 20590, telephone (202) 366-4109.
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 76 6/21/2022
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 77 6/21/2022
January 05, 2022
PLEASE SIGN AND KEEP WITH YOUR RECORDS
Ms. Tressa Stivers
HCI Environmental Engineering & Services
12155 Magnolia Ave., Ste. 4C
Riverside, CA 92503
Dear Ms. Stivers:
This letter confirms that HCI ENVIRONMENTAL ENGINEERING & SERVICES is enrolled with Drug Testing Networks random drug and alcohol testing program pursuant to the Department of Transportation (DOT) and The Federal Motor Carrier Safety Administration (FMSCA) regulation 49 CFR Part 382.
Effective Start Date of Program February 22, 2022
Program Expires February 21, 2023
Program Manager Ms. Tressa Stivers
Member since February 22, 2010
Veronica Gamino
Veronica Gamino
DRUG TESTING NETWORK INC.
Account Representative
I certify that I am authorized to represent this company in this matter and that the information in this document is correct to the best of my knowledge and belief and that the company I represent will comply with the provisions of the Federal Department of Transportation Drug and Alcohol Program regulations. I understand employees of this company will not be placed in a random pool until all pre-employment drug tests have been completed.
_____________________________
Ms. Tressa Stivers
Drug and Alcohol Program Manager
958 Postal Way, Suite 6-B, Vista, CA 92083-6935
(760) 940-2015 (800) 989-1208 Fax (760) 940-0345
E-mail [email protected] WebSite www.drugtestingnetwork.com DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 78 6/21/2022
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 79 6/21/2022
Certification Type Status From To
SB(Micro) Approved 05/11/2018 05/31/2022
Printed on: 7/23/2021 2:36:14 PM
To verify most current certification status go to: https://www.caleprocure.ca.gov Office of Small Business & DVBE Services
Certification ID: 22207
Legal Business Name:
HUNTER CONSULTING INC
Doing Business As (DBA) Name 1:
HCI ENVIRONMENTAL & ENGINEERING SERVICE
Doing Business As (DBA) Name 2:
Address:
12155 MAGNOLIA AVE
STE 4C
RIVERSIDE
CA 92503
Email Address:
[email protected]
Business Web Page:
http://www.hcienv.com
Business Phone Number:
951/280-0298
Business Fax Number:
951/280-0118
Business Types:
Construction , Service
Stay informed! KEEP YOUR CERTIFICATION PROFILE UPDATED! -LOG IN at CaleProcure.CA.GOV
Questions?
Email: [email protected]
Call OSDS Main Number: 916-375-4940
707 3rd Street, 1-400, West Sacramento, CA 95605
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 80 6/21/2022
EXHIBIT C
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 81 6/21/2022
Rate and Service Structure
A. Board-up cost of 1st standard window/ (1) each additional window thereafter B:
$400.00 Flat Rate (maximum 4 hours anything above 4 hours resorts to hourly rate) $355.00 Hourly Rate
Board up cost of 1st single door opening /(1) each additional door thereafter C. Board of cost of a garage
$400.00 Flat Rate (maximum 4 hours anything above 4 hours resorts to hourly rate) D. Bolt, screw door, garages and windows
E. Chain and lock fee
$25.00 per set bolt & screws
F. Weed abatement service: includes mow, hand weed abatement, blow off sidewalks, edging and handwork of perimeter, disposal etc., (primarily neglected residential, commercial property) per hour rate
$1340.00 Flat Rate (maximum 4 hours anything above 4 hours resorts to hourly rate) G. Small scale- Debris removal service; cost per ton. Includes clean-up debris by hand, disposal (no heavy equipment)
$2610.00 Flat Rate (maximum 4 hours anything above 4 hours resorts to hourly rate) $1035.00 Hourly Rate
$85.00 per set chain & lock
$1600.00 Flat Rate Flat Rate (per garage door)
$355.00 Hourly Rate
$775.00 Hourly Rate
$550.00 Hourly Rate
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 82 6/21/2022
H. Large Scale- Debris removal service cost, unpermitted encampments. Cost of heavy equipment that include but may not be limited to Track Loaders, Truck and semiend dump trailer combinations, Water trucks, High Reach fork-lifts, Stake bed trucks, backhoes, skip loaders, tractors, and additional service trucks and machinery to assist.
Evaluation and analysis will be based on submittal of proposal and all identified costs, including any and all costs related to collect and dispose items.
I. Travel charge
J. After hour charge
Please see attached Homeless Encampment Pricing
Manifest Fee $30.00 (each)
Mob and Demob of equipment $600.00 (per each large piece of equipment) Bio Hazardous Waste Containers: $25.00
Bio Hazardous Misc Supplies & PPE: $125.00
Bio Hazardous waste disposal: TBD
Hazardous Materials Disposal and Transportation: TBD
$160.00 (per location/per tech-4 hr min)
$230.00 (per truck/per tech-4 hr min)
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 83 6/21/2022
Below is a list of common items used on a homeless encampment remediation.
Items used are site specific, client is billed for only what is used.
Description Straight Time UOM
Equipment Truck $350.00 per day
Track Skid Steer $620.00 per day
Grapple Bucket $190.00 per day
Backhoe $575.00 per day
Fuel-Grease-Maintenance-Per Piece of Equipment $250.00 per day Mobilization of Equipment-Per Piece of Equipment $300.00 each Demobilization of Equipment-Per Piece of Equipment $300.00 each Dump Trailer $400.00 per day
Generator $150.00 per day
Confined Space Equipment $1,650.00 per day
Class C PPE-tyvek, hard hats, safety glasses $55.00 per man/per day Misc hand tool-pickers, shovels, rakes $300.00 per day
55g Drum-Hazardous Waste $75.00 each
44g Drum-Bio Waste $35.00 each
1 Quart Sharps Containers $50.00 each
40 Yard Roll off Bin $35.00 per day
Narcan Kit(required at every site) $135.00 each
Biological/Sharps Waste Load Fee $125.00 each
Manifest Fee $30.00 each
Crawler Loader $125.00 hour
Dump Trailer (small) $135.00 hour
Hi Reach Forklift $150.00 hour
Skip Loader $125.00 hour
Tractor $135.00 hour
Hazardous Waste Disposal Charges to be determined, based on weight and type.
Trash Disposal Charges to be determined, based on weight and city.
DocuSign Envelope ID: DB7F4D0E-90C8-4974-AF62-3267F3A4146D City Council 29 – 84 6/21/2022
AGREEMENT HARRISON BUILDING, INC., TO PROVIDE ON-CALL TRASH, WEEDS,
RUBBISH & SANITATION ABATEMENT AND BOARD-UP SERVICES FOR
THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 21st day of June 2022, by and between Harrison Building, Inc., a California corporation (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. On April 11, 2022, the City issued Request for Proposal No. 22-068 (“RFP”), by which it sought a qualified contractor to provide on-call trash, weeds, rubbish & sanitation abatement and boardup services at various sites citywide on an as needed basis for the City’s Public Works Agency.
B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 22-068.
C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 22-068, which is attached as Exhibit A, and as more specifically delineated in Contractor’s proposal, which is attached as Exhibit B and incorporated in full.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of three (3) contractors selected to provide demolition services on an on-call basis under RFP 22-068. The total compensation for these services provided by all such contractors selected under RFP 22- 068 shall not exceed the shared aggregate amount of Two Hundred Twenty-Five Thousand Dollars and Zero Cents ($225,000) during the term of the Agreement, including any extension periods.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper Exhibit 3
City Council 29 – 85 6/21/2022
invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on July 1, 2022 and terminate on June 30, 2025, unlessterminated earlier in accordance with Section 16, below.
4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the 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.
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7. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Minimum Scope and Limit of Insurance
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and nonowned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions
1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
2. Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and City Council 29 – 87 6/21/2022
volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’srating of no less than A:VII, unless otherwise acceptable to the City.
7. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.
TheCityreservesthe right to require complete, certified copies of allrequired insurance policies,including endorsements required by these specifications, at any time.
8. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
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9. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.
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11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
13. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.
This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, City Council 29 – 90 6/21/2022
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.
In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
19. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
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20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
21. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Minh Thai
Executive Director, Planning and Building Agency
City of Santa Ana
20 Civic Center Plaza (M-20)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5897
To Contractor:
Patrick Audenis, CEO
Harrison Building, Inc.
4533 MacArthur Blvd. #578
Newport Beach, CA 92660
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by City Council 29 – 92 6/21/2022
City Council 29 – 93 6/21/2022
EXHIBIT A
City Council 29 – 94 6/21/2022
City of Santa Ana RFP 22-068
Appendix -VII
ATTACHMENT 1
SCOPE OF WORK
Board Up Procedures:
The USFA National Arson Prevention Initiative Board Up Procedures is incorporated herein by reference and are hereby accepted as Reference Specifications. These Reference Specifications are intended to govern certain construction materials, methods, and details with some additional modification herein.
Materials List and Specifications
SECURITY MEASURES
1. All openings in the basement, crawl spaces, garages, first floor doors and windows, and any point of entry accessible from a porch, fire escape or other potential climbing point shall be barricaded with plywood, 2x4 braces, carriage bolt sets, specialized head/drive screws, and nails, unless stated otherwise.
NOTE: General contractor screws, particleboard, wafer board, Masonite, or other similar material shall NOT be used for purposes of boarding-up a building.
2. Garage Doors and Openings at least 10' from ground level which are not accessible from a porch, fire escape, roof, or other climbing point can be secured with nails every 12" around the perimeter. For all openings, the plywood should be fitted so that it rests snugly against the exterior frame, butting up to the siding on wood frame buildings and up to the brick molding edge on brick buildings. It may be necessary to remove the staff bead so this fit can be flush and tight.
3. The structure shall be posted with a NO TRESPASSING sign at the completion of the board-up.
4. Commercial property with full windows or glass facades shall be blacked out and adhesive shall be used to attach the plywood to the glass from the interior to prevent shattering. Plywood shall be secured to the window/glass framing.
5. ONLY Interior Boarding shall require blackout of windows and be secured with plywood and 2x4 braces fasten to the wall with deck nails and specialized star-drive head screws.
MATERIALS
1. Plywood, 1/2" (4 ply) exterior grade CDX
2. Braces - 2" by 4" by 8' (or longer) construction grade lumber
3. 3/8" (coarse thread) by 12" (or longer) carriage bolts (rounded head on weather side)
4. 3/8" (coarse thread) construction grade nuts
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City of Santa Ana RFP 22-068
5. 1/2" (USS Standard) Flat washers with an inside diameter large enough to bypass the wrench neck inside the carriage bolt head so no lift edge is available beneath an installed carriage bolt head.
6. 3/8" (USS Standard) diameter flat washers for installation beneath the nut inside the building
7. Combination of 2”-3” deck nails and 2”-3” Star-drive screws; T-20, T-25, etc.
BARRIER ASSEMBLY
1. Plywood shall be cut to fit over the window and door openings, flush with outside of the molding/trimmer stud. Application of barriers shall be completed so that all lift or pry points are avoided. Plywood board shall be solid sheets without seams or joints.
2. The 2x4 braces shall be cut to fit the horizontal dimension of the plywood. Two exterior and two interior 2x4 braces shall be provided for each window and three sets for each door.
3. Window Assembly – Braces are located horizontally approximately 1/3 of the distance from the top and the bottom of the window. Bolt holes are located 1/3 of the length of the brace from the outside edge of the window jams. Prior to installation, the assembly should be pre-assembled and 3/8” holes drilled through all of the components.
4. Door Assembly – Door braces will be placed horizontally; one in the center of the doorway and one 1/2 the distance from the center to the top and one 1/2 distance from the center to the bottom of the doorway. Bolt holes are located 1/3 of the length of the brace from the outside edge of the doorframe. Prior to installation, the assembly should be pre-assembled and 3/8” holes drilled through all of the components.
5. Plywood used to cover exterior openings shall be nailed every 12" along the perimeter of the frame of the window, door, or opening.
6. The 2x4 braces on the interior and exterior of the assemblies shall be secured using 3/8” by 12” carriage bolt assemblies. Bolts shall be inserted through the predrilled holes from the exterior with a 1/2” washer place against the exterior brace, a 3/8” washer is placed against the interior brace. The bolt is tightened from the inside so that it slightly compresses the interior brace. The 2x4 Bottom Brace shall be cut to width of door trim and drilled to the floor to prevent opening.
7. Garage Door – the opening shall be covered with plywood and secured with a minimum of 3- inch-long deck or wood screws installed on 6-inch centers around the circumference of the opening. An interior or exterior 2x4 Bottom Brace is required to prevent it from opening and drilled to the floor with masonry screws (or as appropriate).
NOTE: These specifications are subject to change upon case-by-case scenario. Any changes or recommendations shall be discussed during the walk-through of the property prior to a proposal, quote and or notice to proceed.
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City of Santa Ana RFP 22-068
WINDOW BOARDING SPECIFICATION
NOTES:
1. FOR DOUBLE HUNG WINDOWS, SLIDE SASH TO CENTER OF UNIT AND PASS BOLTS THROUGH OPENINGS AT TOP AND BOTTOM.
2. STORM WINDOWS SHOULD BE REMOVED AND STORED INSIDE STRUCTURE.
3. OUTSIDE TRIM MAY HAVE TO BE REMOVED TO ACCOMMODATE A FLUSH AND TIGHT FIT.
4. TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE.
5. BRACE LOCATIONS: A = 1/3 B (SEE DIMENSION LOCATIONS ON DRAWING) NOTE: WINDOWS 3 FEET IN HEIGHT OR SHORTER ONLY REQUIRE ONE BRACE.
6. LOCATION OF BOLT HOLES: C = 1/3D (SEE DIMENSION LOCATIONS ON DRAWING)
7. THE PLYWOOD BOARD SHOULD BE SECURED WITH SCREWS EVERY 12" ALONG
THE PERIMETER OF THE FRAME OF THE WINDOW, DOOR, OR OPENING, AND WITH DECK NAILS AT EVERY 6” MARK WHERE SCREW IS NOT PLACED.
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City of Santa Ana RFP 22-068
DOOR BOARDING SPECIFICATIONS
NOTES:
1. IRON DOORS OR FRAMES MAY BE REMOVED AND STORED INSIDE BUILDING IF NECESSARY.
2. USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING.
LONGER BOLTS MAY BE NECESSARY.
3. TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE.
4. IF PLYWOOD CAN NOT BE BUTTED AGAINST BAND MOLDING, CUT TO COVER OUTSIDE EDGE OF DOOR FRAME.
5. BOLT HOLES ARE LOCATED AS THEY ARE FOR WINDOWS (SEE WINDOW DETAIL)
6. CENTER BRACE LOCATED IN CENTER OF DOORWAY OPENING. TOP AND BOTTOM BRACES ARE POSITIONED WHERE A = 1/2B (SEE DIMENSION LOCATIONS ON
DRAWING)
7. USE 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM. DRILL TO THE FLOOR TO PREVENT OPENING. INTERIOR AND EXTERIOR BOTTOM BRACES WITH MASONRY SCREWS ARE MANDATORY WHEN BOARDING GARAGE DOORS.
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City of Santa Ana RFP 22-068
BRACE AND CARRIAGE BOLT SPECIFICATION
NOTES:
1. USE 2" BY 4" BY 8' (OR LONGER) CONSTRUCTION GRADE LUMBER FOR BRACES.
2. USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING
3. TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS WASHER INTO 2X4 BRACE.
4. USE 1/2" WASHER ON WEATHER SIDE TO ACCOMMODATE THE WRENCH NECK OF BOLT AND ELIMINATE PRY POINTS.
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City of Santa Ana RFP 22-068
WINDOW ASSEMBLY
MATERIALS REQUIRED PER WINDOW
1 - 1/2" CDX PLYWOOD SHEET-CUT TO DIMENSIONS OF WINDOW FRAME (WEATHER SIDE 4 - 2X4 BRACES - CUT TO WIDTH OF PLYWOOD
4 - CARRIAGE BOLT ASSEMBLIES
NUMBER OF WINDOWS TO BE SECURED (NW): __________________ NUMBER OF WINDOWS BRACES REQUIRED: (NW X 4) __________________ CARRIAGE BOLT ASSEMBLIES REQUIRED (BW): (NW X 4)__________________
DOOR ASSEMBLY
MATERIALS REQUIRED PER DOOR
1 - 1/2" CDX PLYWOOD SHEET - CUT TO DIMENSIONS OF DOOR FRAME (WEATHER SIDE) 1 - 1/2" CDX PLYWOOD SHEET - CUT TO OUTSIDE DIMENSIONS OF DOOR FRAME TRIM (INSIDE)
6 - 2X4 BRACES - 3 CUT TO WIDTH OF OUTSIDE PLYWOOD
- 3 CUT TO WIDTH OF INSIDE PLYWOOD
1 - 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM DRILLED TO FLOOR (INSIDE) 6 - CARRIAGE BOLT ASSEMBLIES
NUMBER OF DOORS TO BE SECURED (ND): __________________
NUMBER OF DOOR BRACES REQUIRED: (ND X 6) __________________ NUMBER OF BOTTOM BRACES REQUIRED: (ND) __________________ CARRIAGE BOLT ASSEMBLIES REQUIRED (BD): (ND X 6) __________________
CARRIAGE BOLT ASSEMBLY
MATERIALS REQUIRED PER CARRIAGE BOLT ASSEMBLY
1 - 3/8" X 12' (OR LONGER IF NECESSARY) CARRIAGE BOLT - COURSE THREAD 1 - 1/2" USS STANDARD FLAT WASHER (WEATHER SIDE)
1 - 3/8" USS STANDARD FLAT WASHER (INSIDE)
1 - 3/8" CONSTRUCTION GRADE NUT - COURSE THREAD
TOTAL CARRIAGE BOLT ASSEMBLIES REQUIRED FOR WINDOWS AND DOORS:
(BW + BD) __________________
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EXHIBIT B
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2. The Statement of Experience/Qualifications
Company Experience and Qualifications
Harrison Building is a professional contracting company that specializes in construction. We have departments in all trades with a very proficient demolition team.
Please see the attached "About Us" page for more information about our company.
Key Individuals Experience and Qualifications
Please see the attached "Meet the CEO" and "Resume of Patrick Audenis" Name: PATRICK AUDENIS
Title: CEO � / /_/) A Signature�� //
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City Council 29 – 105 6/21/2022
Patrick Audenis
4533 MacArthur Blvd #578
Newport Beach, CA 92660
+1 (949)278-1727
[email protected]
DOB: February 5th, 1966
Skills
Mr. Audenis is a builder at heart with passion and complex problem solving abilities.
These skills have resulted in the completion of many projects with a perfect finish.
Experience
June 2011 - PRESENT
Harrison Building, Inc / Newport Beach, California - CEO ● Management, responsibility and leadership for Harrison Building, Inc. ● Responsible for day to day operations
● Construction, building company.
2007 - 2014
Stone Contact, Inc - CEO
● Management, responsibility and leadership for Stone Contact, Inc. ● Stone supply company.
2001 - 2007
Euro Tile & Marble Design - CEO
● Management, responsibility and leadership for Euro Tile & Marble Design ● Import - export materials business.
Education
1987 - Graduated
University of Uludag, Turkey
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H A R R I S O N
Past Performance
Reference #1
Project Name: Fire Station #75 and #79 Fencing
Project Owner or Department/Agency: City of Santa Ana
Project Description: Demolish previous fence, and manufacture and install new fences.
Project Duration: 60 days
Project Completion Date: March 2022
Project Location: Santa Ana, CA, USA.
Contract Price: $200,000
Contact Person: Eva Pierce
Telephone: (714) 647-6584
Email: [email protected]
Notes: Change order, scope of work adjusted to the city’s needs. Contract changed from 1 month $150,000 contract to 2 month $200,000 project.
Reference #2
Project Name: OrangeTheory Fitness Centers
Project Owner or Department/Agency: OrangeTheory Fitness Project Description: Demo and renovate new fitness centers Project Duration: N/A
Project Completion Date: 2013
Project Location: Southern California, USA.
Contract Price: $2,500,000
Contact Person: Pat Williams
Telephone: (949) 235-8801
Email: N/A
Notes: N/A
Reference #3
Project Name: Antoine Macoule Residence
Project Owner or Department/Agency: Antoine Macoule
Project Description: Demo previous area and provide new building construction Project Duration: N/A
Project Completion Date: 2017
Project Location: Newport Beach, CA, USA.
Contract Price: $2,300,000
Contact Person: Antoine Macoule
Telephone: (714) 330-1359
Email: N/A
Notes: N/A
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$520
$720
$940
$350
$500
$250
$800
$1,850
$240
$350
$2,690 3,830
**TOTAL Hourly rate varies on the hours
per service. This is not a fixed price**
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Selected Vendors
1. SLS
2. HCI Engineering
3. Harrison Building
Exhibit 4
City Council 29 – 111 6/21/2022
Planning and Building Agency
www.santa-ana.org/departments/planning-and-building/
Item # 30
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 21, 2022
TOPIC: Commercial Property Compliance Assistance Program AGENDA TITLE:
Authorize the Implementation of the Commercial Property Compliance Assistance Program (Revive Santa Ana Program)
RECOMMENDED ACTION
Authorize the Executive Director of the Building and Planning Agency to Implement the Property Compliance Assistance Program and begin Accepting Applications for Economic Relief Funds for an aggregated amount not to exceed $1,000,000.
DISCUSSION
As part of the Revive Santa Ana Initiative approved by the City Council on July 6, 2021, the Planning and Building Agency has developed the program details for the Commercial Property Compliance Assistance Program (CP-CAP). At the aforementioned City Council meeting, City Council approved the appropriation of $1,000,000 from the American Rescue Plan Act (ARPA) funds to be used for CP-CAP as part of the Public Health and Safety proposal of Revive Santa Ana. The funds for the program were utilized to recruit additional staff and to create a reimbursement program to support commercial property enhancement efforts.
Category 2 of the final rule released by the U.S. Department of the Treasury states that the program is eligible for ARPA funds to aid property owners struggling to remain code compliant as a result of the negative economic impacts of the COVID-19 pandemic.
CP-CAP enhances collaborative code enforcement along with façade improvements for shopping centers with vacant storefronts within the qualified census tracts. The ARPA funds allocated through the Revive Santa Ana initiative will support enhancement efforts to improve the appearance of commercial shopping center storefronts. The program will assist commercial properties in their recovery efforts due to the hardship negatively affected by the pandemic. In addition, the improvements made through the program will address past deferred maintenance hardships.
City Council 30 – 1 6/21/2022
Commercial Property Compliance Assistance Program
June 21, 2022
The goal of the program is to facilitate commercial revitalization, stimulate private investment, preserve and beautify the commercial corridors, and generate shopping and a pleasant walking environment by improving the visual aesthetics of commercial building facades through the use of the City’s Revive Santa Ana - ARPA funding allocation.
The proposed program will offer reimbursement awards up to a maximum of $50,000 to each qualifying commercial property owner. Each eligible applicant must provide proof of initial investment and commitment to make property improvements. Applicants are required to match 100% of the funds as requested in their application. The objective of the investment requirement is to incentivize, maximize, and complement additional property improvements.
The award monies may be used to complement the following property improvements:
Restorations of building materials and architectural features Signage
Awnings
Steam cleaning / Power washing
Fencing
Doors
Parking lot resurfacing
Lighting
Paint
Anti-graffiti measures
Landscaping and irrigation
Decorative improvements
Aesthetic improvements
Property Management Contact information signage
Properties qualified to participate in the Property Compliance Assistance Program must meet all of the qualifying criteria:
Commercial property located within Santa Ana city limits within the area highlighted in the qualified census tract (exhibit 1);
Have all applicable licenses current;
Submit a City application with required supporting documentation; and Demonstrate significant revenue loss as a result of COVID-19 Properties and activities excluded from the Property Compliance Assistance program include:
Home-based businesses;
Structures not facing the public right-of-way;
Banks;
Churches and other religious institutions;
Government-owned buildings;
City Council 30 – 2 6/21/2022
Commercial Property Compliance Assistance Program
June 21, 2022
Interior or exterior improvements not approved by the Planning and Building Agency;
Improvements without proper, clearly defined, and notarized documentation; Commercial properties outside the area highlighted in Exhibit 1; and Trading one type of service/job for another, rather than paying to have the service/job performed (i.e. no “bartering”)
Properties with outstanding corrective notices dated after program approval will receive preferences.
Due to the high level of building activity throughout the City, additional personnel have been recruited to direct the implementation and administration of the program.
The following designated staff have been assigned to expedite the program implementation:
1 Assistant Plan Check Engineer;
1 Permit Technician;
1 Assistant Planner I; and
1 Management Analyst
Using ARPA funds for the aforementioned personnel will provide dedicated services to applicants without hindering the workflow of ongoing projects or prolonging project reviews due to an influx of demand. Program staff will complete grantee projects within the 100-day period as stipulated for project completion. The city will receive applications concurrently as projects are being completed which will provide efficient pacing for project reviews.
To award funds promptly and distribute the designated allotments to property owners quickly, the program will be publicly released Wednesday, June 22, 2022, pending Council approval. Applicants will be able to submit their applications and supplemental materials by US postal mail, in person, or via email.
PBA staff members assigned to ARPA from the Planning and Building Agency will review completed applications to determine eligibility. Funding will be allotted on a first-comefirst-serve basis of complete application submittal including all required supplemental documents until depleted. Reviewing applications on a first-come-first-serve basis will allow City staff the ability to expedite eligibility.
Applicants will be provided written notification of pre-approval or denial of their application. Reason(s) for the project denial will be provided to the applicant in writing Correspondence regarding the program is as follows:
Written notifications will be disbursed within two weeks of receiving applications.
City Council 30 – 3 6/21/2022
Commercial Property Compliance Assistance Program
June 21, 2022
During the pre-approval phase of the program, applicants are required to provide applications and complementary materials in duplicate; one (1) additional physical copy and one (1) digital copy.
After the City receives the pre-approval documents, applicants will be given written notifications of final approval.
Written notifications of final approval will be disbursed within two weeks of receiving the pre-approval documents.
Reimbursements will be awarded within two to four weeks after the date provided in the Notice of Completion. Projects approved by the Planning and Building Agency are required to be completed within one hundred (100) days of receiving the Notification of Approval.
Failure of completion will result in forfeiture of the reimbursement.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
As indicated, the estimated total delivery cost of the program is $1,000,000 which includes staff, program management, and reimbursable monies to local properties. Funds for this project were appropriated in the Fiscal Year 2021-22 through the Revive Santa Ana Spending Plan. Funds are available in the following accounts for the specified fiscal year:
Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account
Description
Amount
FY 21-22 18116013-
Various
American Rescue
Plan Act (ARPA)
ARPA – PBA,
Salaries & Benefits
$28,000
FY 22-23 18116013-
Various
American Rescue
Plan Act (ARPA)
ARPA – PBA,
Salaries & Benefits
$372,000
FY 22-23 18116013-
62300
American Rescue
Plan Act (ARPA)
ARPA – PBA,
Contract ServicesProfessional
$600,000
Grand Total $1,000,000
EXHIBIT(S)
1. Qualified Census Tract (QCT) Map
2. CP-CAP Guidelines and Application
Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager
City Council 30 – 4 6/21/2022
Qualified Census Tract Map
Exhibit 1
The Secretary of the U.S. Department of Housing and Urban Development (HUD) determined the designation of Qualified and/or eligible Census Tracts (QCT)s. QCTs are areas having either 50% or more household incomes less than 60% of the area median gross income, or a poverty rate of at least 25%. The City of Santa Ana has fifteen (15) QCTs located in wards 1, 2, 3, 5, and 6 City Council 30 – 5 and are outlined above. 6/21/2022
PROPERTY COMPLIANCE
ASSISTANCE PROGRAM
City of Santa Ana
Planning and Building Agency
Exhibit 2
Terms and Conditions and Application
City Council 20 Civic Center Plaza, 30 – 6
Santa Ana, CA, 92701 6/21/2022
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 1
Commercial Property Compliance Assistance Program
TABLE OF C ONTENTS
Purpose ..................................................................................................................................... 4 Source of Funds ........................................................................................................................ 4 Applicant Eligibility Requirement .............................................................................................. 4 Property Ownership .............................................................................................................. 4 Program Exclusions.............................................................................................................. 5 Capacity................................................................................................................................. 5 Property Eligibility Requirements ............................................................................................. 5 Eligible Commercial Properties........................................................................................... 5 Minimum Property Rehabilitation Standards..................................................................... 6 Eligible Property Improvements .......................................................................................... 6 Design Restrictions .............................................................................................................. 7 Program Benefits ...................................................................................................................... 7 Program Procedures ................................................................................................................. 8 Applicant Intake and Eligibility Determination.................................................................. 8 Application ............................................................................................................................8 Property Maintenace Agreement..............................................................................................8 Property Management Contact Information Signage .................................................................8 Verification and Eligibility........................................................................................................9 City of Santa Ana
Planning and Building Agency
City Council 30 – 7 6/21/2022
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 2
Commercial Property Compliance Assistance Program
Rehabilitation Feasibility Determination ................................................................................10 Pre-Approval and Notifications ..............................................................................................10 Approval and Notifications ....................................................................................................10 Applicant Responsibilities ................................................................................................. 10 Property Maintenance...........................................................................................................10 Taxes ...................................................................................................................................11 Notice of Completion ............................................................................................................11 Reimbursement Process.................................................................................................... 12 Project Requirements ............................................................................................................. 12 Application Approval Process ................................................................................................. 13 Display of Reimbursement Program Sign .............................................................................. 13 Accomplishment of Work ........................................................................................................ 14 Inspection of Project ............................................................................................................... 15 Miscellaneous Programmatic Requirements ......................................................................... 15 Fire and Flood Insurance Requirements ..........................................................................15 City of Santa Ana Business License..................................................................................15 Amendments ........................................................................................................................... 15 CP-CAP Application ................................................................................................................. 16 Checklist.............................................................................................................................. 16 City of Santa Ana
Planning and Building Agency
City Council 30 – 8 6/21/2022
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 3
Commercial Property Compliance Assistance Program
Applicant Information ........................................................................................................ 18 Contractor Information ...................................................................................................... 19 Outstanding Violations....................................................................................................... 19 Estimated Costs.................................................................................................................. 20 Statement of Project Description......................................................................................21 Project Timeline.................................................................................................................. 21 General Conditions ............................................................................................................. 22 Application Certification.................................................................................................... 23 CP-CAP Evaluation Rubric ....................................................................................................... 24 Visibility ............................................................................................................................... 24 Design.................................................................................................................................. 25 Sustainability/Permanence............................................................................................... 25 Community Contributions .................................................................................................. 25 Bonus................................................................................................................................... 25 CP-CAP Qualified Census Tract Map ...................................................................................... 27 CP-CAP Property Maintenance Sample Agreement ............................................................... 28 City of Santa Ana
Planning and Building Agency
City Council 30 – 9 6/21/2022
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 4
Commercial Property Compliance Assistance Program
PURPOSE
CP-CAP assists commercial properties in their recovery efforts due to the hardship onset of the COVID-19 pandemic. The enhancements approved by the Planning and Building Agency will be eligible to receive up to $50,000 for facade and eligible improvements. Each applicant must provide proof of initial investment and commitment to make property improvements.
The goal of CP-CAP is to facilitate commercial revitalization; stimulate private investment; preserve and beautify the commercial corridors; and generate shopping and a pleasant walking environment by improving the visual aesthetics of commercial building facades through the use of the City’s Revive Santa Ana – American Rescue Plan Act funding allocation. Additionally, CP-CAP will help create a pedestrianfriendly and aesthetically pleasing environment for residents, visitors, and tourists, and may also create substantial economic benefits for merchants and property owners as a result of increased interest and activity in the area.
By stimulating private investment and customer patronage, CP-CAP adds value to the City’s economy and enhances the community experience. The objective of CP-CAP is to assist in restoring, substantially beautifying, and/or enhancing the entire façade or elevation of a commercial building.
SOURCE OF FUNDS
CP-CAP is being funded by the American Rescue Plan Act (ARPA) Fiscal Year 2021-23. The funds are allocated through the Revive Santa Ana initiative. CP-CAP will only fund projects that significantly improve the visual appearance of the entire façade of the property as viewed from the street. The following section provides details regarding the program’s criteria for eligibility and the approval process. Only one grant will be awarded per building within a five (5) year period.
APPLICANT ELIGIBILITY REQUIREMENTS
PROPERTY OWNERSHIP
The applicant(s) must be the current property owner(s). The existing deed must list all current owners of the property. Property owner(s) shall be construed to be any person(s) or legal entity that holds title to the subject property. In the case of multiple ownership, the signature of each titleholder is required on all appropriate documents.
City of Santa Ana
Planning and Building Agency
City Council 30 – 10 6/21/2022
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
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Commercial Property Compliance Assistance Program
The City will verify property ownership and require all persons currently on the title to give written consent to all work being performed on the property as it relates to the application.
PROGRAM EXCLUSIONS
The following businesses are not eligible to receive Program assistance:
• Residential rental buildings (apartments);
• Home-based businesses;
• Structures not facing the public right-of-way;
• Banks;
• Churches and other religious institutions;
• Government-owned buildings;
• Interior or exterior improvements not approved by the Planning and Building Agency; • Improvements without proper, clearly defined, and notarized documentation; • Trading one type of service/job for another, rather than paying to have the service/job performed (i.e. no “bartering”); and
• Properties not located within the Qualified Census Tract (QCT) map (Page 25).
CAPACITY
Property owners must be of legal age and must have the capacity to enter into binding contracts.
PROPERTY ELIGIBILITY REQUIREMENTS
ELIGIBLE COMMERCIAL PROPERTIES
To be eligible for CP-CAP assistance, the property to be rehabilitated must be located in Santa Ana city limits and meet the following requirements:
• Areas located in the QCT map (page 25);
• Commercial building must be dilapidated or blighted;
• Storefront must be visible from the street; and
• Located on a major corridor.
City of Santa Ana
Planning and Building Agency
City Council 30 – 11 6/21/2022
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 6
Commercial Property Compliance Assistance Program
MINIMUM PROPERTY REHABILITATION STANDARDS
All work performed under the provisions of this Program shall meet all applicable standards contained in the City’s adopted zoning ordinance, local building, and safety codes. The City’s Municipal and Zoning Ordinance can be viewed on the City’s website at www.santa-ana.org.
ELIGIBLE PROPERTY IMPROVEMENTS
The City has determined that the CP-CAP assistance may only be used for exterior rehabilitation items.
Eligible improvements include those that improve the exterior aesthetic appearance of a building storefront of a commercial enterprise and are visible from the street. Such exterior improvements may include, but are not limited to:
• Restorations of building materials and architectural features • Signage
• Awnings
• Steam cleaning / Power washing
• Fencing
• Doors
• Parking lot resurfacing
• Lighting
• Paint
• Anti-graffiti measures
• Landscaping and irrigation
• Decorative improvements
• Aesthetic improvements
• Property Management Contact Information signage
The city has a Graffiti Taskforce that responds immediately to remove graffiti. Please call GTF at (877) STOP-TAG or (877) 786-7824. Graffiti incidents can also be reported online at Santa-ana.org/reportissue or through our MySantaAna app.
City of Santa Ana
Planning and Building Agency
City Council 30 – 12 6/21/2022
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 7
Commercial Property Compliance Assistance Program
The following improvements are ineligible under this program:
• Any improvements not visible from the public right-of-way or publicly owned space • Nonvisible mechanical equipment screening
• Interior improvements/remodeling
• Temporary, portable, or non-permanent improvements
• New construction
• Business operations-related costs
• Property acquisition, debt refinancing, expansion of building area, or conversion of building use • Normal maintenance and repair
• HVAC repair/improvements
• Plumbing repairs/improvements
DESIGN RESTRICTIONS
Only improvements made to the street-facing portion of the building are eligible. Improvements are not eligible if they are simply the maintenance of the current façade. CP-CAP assistance can also be used for Building and Health Code violations as identified by the City. Additionally, to participate in CP-CAP, grants an also be used for property signage rehabilitation to insure conformance with all applicable zoning and municipal code requirements of the City.
PROGRAM BENEFITS
• Maximum reimbursement for physical improvements is $50,000. • Reimbursements will be awarded in one payment. Applicant(s) must receive a passing final inspection to receive a Notice of Completion from the City’s Building and Safety Division. • The award will be granted within two to four weeks after the date provided in the Notice of Completion.
• Funding will be available until the funds from the American Rescue Plan – Revive Santa Ana initiative are depleted or replaced.
City of Santa Ana
Planning and Building Agency
City Council 30 – 13 6/21/2022
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 8
Commercial Property Compliance Assistance Program
PROGRAM PROCEDURES
APPLICANT INTAKE AND ELIGIBILITY DETERMINATION
APPLICATION
Property owners may apply for program assistance by completing application forms available online at http://www.santa-ana.org/ and submitting such materials to the Planning and Building Agency. Each application must be completed in its entirety, signed, and submitted with all required documents listed within the application, including a deed or signed proof of ownership.
Applications will be reviewed in the order in which they are received.
PROPERTY MAINTENANCE AGREEMENT
Applicants must sign and submit the Commercial Property Compliance Assistance Program Property Maintenance Agreement (Page 27) in the draft form appearing as Exhibit A, or substantially similar thereto, which states that the improvements shall be maintained in conformance with the standards generally applicable to comparable retail/commercial businesses located within the City for a term of five (5) years or the date the applicant no longer exercises custody and control over the property, whichever comes first.
PROPERTY MANAGEMENT CONTACT INFORMATION SIGNAGE
Applicants who include a Property Management Contact Information sign as part of their property improvement proposal must include the following information:
• Name of property manager
• Name of property management company (if applicable)
• Phone number
• Contact information
The property shall be posted with the name and 24-hour contact phone number of the local property management company. The posting shall be no less than eighteen (18) inches x twentyfour (24) inches, shall be a font that is legible from a distance of forty-five (45) feet, and shall contain the following verbiage: “THIS PROPERTY MANAGED BY: _________”, and “TO REPORT PROBLEMS OR CONCERNS CALL (name and phone number)
City of Santa Ana
Planning and Building Agency
City Council 30 – 14 6/21/2022
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
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Commercial Property Compliance Assistance Program
Design for the property management contact information sign must be submitted to the Planning and Building Agency for review along with application materials. A sample is provided for reference.
VERIFICATION AND ELIGIBILITY
The City shall verify all information as necessary. All complete applications will be date stamped when received and processed in that order. Applications will be subject to review by Planning and Building Agency. Applications will be evaluated based on the program’s evaluation rubric.
Applicants will be notified in writing regarding their eligibility status. Incomplete applications will not be processed until all requested information is submitted. 1 Sample Property Management Contact Information Sign
City of Santa Ana
Planning and Building Agency
City Council 30 – 15 6/21/2022
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 10
Commercial Property Compliance Assistance Program
REHABILITATION FEASIBILITY DETERMINATION
Once an applicant has been determined to meet eligibility requirements, an initial inspection of the property will be made by the City to determine the extent of any code violations as well as any health and safety issues that need to be corrected pursuant to the provisions of this assistance program.
PRE-APPROVAL AND NOTIFICATIONS.
Applicants will be provided with written notification of pre-approval or denial. Reason(s) for the project denial will be provided to the applicant in writing. Within the pre-approval notice, applicants will be required to submit one (1) additional physical copy and one (1) electronic copy of the application and subsequent materials as provided in the pre-approved application.
APPROVAL AND NOTIFICATIONS
Applicants will be provided with written notification of approval. Within the approval notice, applicants will receive their date of completion requirement. Completion of approved projects must be within one hundred (100) calendar days of the date provided on the approval notice. Failure to complete the project within the one hundred (100) days may result in forfeiture of the grant. Both copies are due within fourteen (14) calendar days of the date provided on the pre-approval notice.
Failure to provide requested pre-approval materials may result in forfeiture of the award and provided to the next eligible applicant.
APPLICANT RESPONSIBILITIES
PROPERTY MAINTENANCE
The property owner(s) is/are responsible for property maintenance during the rehabilitation work (the contractor is responsible for keeping the property clean of all construction material). The property owner(s) is/are responsible for ensuring that the rehabilitation work is not impeded because of their actions or the actions of their tenant(s). The City shall require the contractor and their employees to provide adequate pedestrian and property protection at the construction site.
City of Santa Ana
Planning and Building Agency
City Council 30 – 16 6/21/2022
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 11
Commercial Property Compliance Assistance Program
Applicants must sign and submit the Commercial Property Compliance Assistance Program Property Maintenance Agreement (Page 27) in the draft form appearing as Exhibit A, or substantially similar thereto, which states that the improvements shall be maintained in conformance with the standards generally applicable to comparable retail/commercial businesses located within the City for a term of five (5) years or the date the applicant no longer exercises custody and control over the property, whichever comes first.
TAXES
Property tax bills for the subject property must be current. The property owner(s) is/are responsible for ensuring that the property taxes are current. The City will verify that the property taxes for the property are current. If the property tax statement indicates delinquency, at the time of the program application, the City shall not proceed with grant processing until it is supplied with a Certificate of Redemption from the Orange County Tax Assessor’s Office or other appropriate documentation of proof of payment.
The City considers these rebates to generally be considered taxable, reportable income. Applicants should procure their own advice and interpretations from their tax representatives before accepting the award.
NOTICE OF COMPLETION
The property owner(s) is/are responsible for scheduling a final job completed inspection with the City’s Building and Safety Division. The City will verify that the project received a passing final inspection. After all requirements have been met, the City will issue a Notice of Completion to the property owner(s).
By accepting grant funds, the applicant commits to properly maintain all improvements and to keep storefronts, as well as sides and back of buildings, clean and free of graffiti for a minimum of five (5) years at the Property Owner’s expense. Any damage to the façade is to be repaired immediately by the applicant so that the building remains in good condition and positively contributes to the business area.
On an ongoing basis, the applicant is required to touch-up painted areas and perform any other repairs needed to maintain the building’s appearance including the annual cleaning of awnings (if applicable) at the Property Owner’s expense.
City of Santa Ana
Planning and Building Agency
City Council 30 – 17 6/21/2022
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 12
Commercial Property Compliance Assistance Program
REIMBURSEMENT PROCESS
a. Upon approval, the City of Santa Ana will enter into an agreement with the applicant. b. Applicants are responsible for obtaining all necessary permits (including building permits) and authorities from the City.
c. Staff will inspect the project to ensure compliance with the grant. d. Work must be completed within one hundred (100) calendar days of the date stated on the approval notification. If the work is not completed within the one hundred (100) calendar days, the funds may be forfeited and provided to the next eligible applicant. e. All work must comply with approved plans as defined in the approved application. f. Reimbursement funds will only be disseminated to the applicant. g. Reimbursement funds will be disseminated within two to four weeks after the issuance of a Notice of Completion issued by City staff.
PROJECT REQUIREMENTS
• Each applicant must provide proof of initial investment and commitment to make property improvements. Applicants are required to match 100% of the funds as requested in their application. The objective of the investment requirement is to incentive, maximize, and complement additional property improvements. For example:
o A property provides documentation indicating that they have already invested $20,000 into the improvements as listed on their application. The property is then eligible for $20,000 in grant awards from CP-CAP. The overall investment totals $40,000. • Applicable license(s) must be current with the City of Santa Ana and the State of California. • Applications must be completed and submitted with all supporting documents. All projects submitted must be approved by the Planning and Building Agency before monies are dispersed. • Candidates must demonstrate significant revenue loss as a result of the COVID-19 pandemic. • All improvements must follow City design guidelines. Additionally, any non-conforming improvements must be removed, if physically feasible. Improvements on registered historic buildings may require approval from the Historic Resources Commission. • Façade program covers the first two stories of the building. Exterior historic architectural features above this level will be accepted on a case-by-case basis. • Evidence of planning and/or building permits will be required for all applicable improvements. • Applicants must submit approved plans and elevations with the application.
City of Santa Ana
Planning and Building Agency
City Council 30 – 18 6/21/2022
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 13
Commercial Property Compliance Assistance Program
• All project improvements shall comply with City codes, ordinances, and Central Business District Regulations (C-3).
• If occupied, all tenants must have a Certificate of Occupancy before being allowed to participate in the program.
• All project costs must be paid by check and include invoices. • Contractors must be licensed in the City of Santa Ana and through the California Contractors State License Board.
• Contractor(s) and subcontractor(s) must comply with all laws and regulations pertaining to Prevailing Wage.
• Suitable landscaping shall be used to aid in the preservation of community-scale and character.
All contracts and agreements associated with the approved project must be notarized.
APPLICATION APPROVAL PROCESS
• Staff members from the Planning and Building Agency Staff shall review completed applications for approval.
• Reimbursements will be alloted on a first-come-first-serve basis. • Properties with outstanding corrective notices dated after City Council approval of the CP-CAP program will receive preferences.
• Applicant(s) will receive written notice of approval, including any modifications, or denial of projects within two to four weeks of the application submittal.
• Applicant(s) must provide voided checks and invoices demonstrating costs incurred for the enhancements as specified within the application.
DISPLAY OF REIMBURSEMENT PROGRAM SIGN
Applicant may be required to display a CP-CAP Program sign, from the date of enhancement approval until the date of Notice of completion.
City of Santa Ana
Planning and Building Agency
City Council 30 – 19 6/21/2022
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 14
Commercial Property Compliance Assistance Program
ACCOMPLISHMENT OF WORK
• The applicant agrees to all improvements specified in the application and the Planning and Building Agency’s recommendations and/or stipulations that work will conform to City standards. Under certain submittals, applicant plans may be subject to a “Site Plan review” by the Planning and Building Agency.
• Applicant shall carry out the design, construction, and operation of the project in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City of Santa Ana, or any other political subdivision in which the property is located, the Applicant or the property, including all applicable federal, state, and local occupation, safety, and health laws, rules, regulations and standards, applicable state and labor standards, prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they apply to Property and the Project, and all other provisions of the City and its Municipal Code (as they apply to the Property and the Project), and all applicable disabled and handicapped access requirements, including, without limitation of the Americans with Disability Act, 42 U.S.C. §12101 et seq., Government Code §4450 et seq., and the Unruh Civil Rights Act, Civil Code §51 et seq.
Supporting documentation may include an architectural rendering (depending upon the extent of the proposed improvements), landscape and irrigation plans, sign plans, plant chips (in compliance with the designated color pallet) and types of materials to be used, and color schemes (see designated color pallet).
• All agreed-upon improvements must be completed within one hundred (100) calendar days of the post-marked application approval notification. If the improvement has not been completed by the deadline, the file may be closed, and the applicant may have to reapply for the program with solid substantiation as to why they were unable to meet the deadline. • Upon completion of all agreed-upon improvements, the applicant MUST submit copies of canceled checks (both sides), paid invoices/receipts, permit copies, proper prevailing wage documentation, and a description of completed work and costs involved.
City of Santa Ana
Planning and Building Agency
City Council 30 – 20 6/21/2022
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 15
Commercial Property Compliance Assistance Program
INSPECTION OF PROJECT
• Before, during, and after improvements are being made, the City of Santa Ana staff shall have the right to inspect all exterior work. No reimbursement check shall be issued until all improvements have been completed to the satisfaction of the inspectors, and the appropriate documentation has been received, reviewed, and processed accordingly.
MISCELLANEOUS PROGRAMMATIC REQUIREMENTS
FIRE AND FLOOD INSURANCE REQUIREMENTS
Applicants are obligated to carry sufficient fire insurance coverage on the subject property to be rehabilitated under the provisions of this program. Prior to any grant assistance, minimum fire insurance coverage shall be provided in an amount that is equivalent to the value of the subject building or structure including the proposed rehabilitation improvements. Uninsured applicants must obtain coverage in the required amount prior to receiving grant assistance. Applicants in a “Flood Hazard Area” will be required to purchase flood hazard insurance.
CITY OF SANTA ANA BUSINESS LICENSE
Applicants must have a current City of Santa Ana Business License to be eligible to apply for funding. To apply for a Business License or obtain more information, you may visit the Business License Division service counter in City Hall, Monday – Thursday from 7:00 a.m. to 5:00 p.m. and alternate Fridays from 7:00 a.m. to noon.
AMENDMENTS
Amendments to these guidelines may be made from time to time by the City. The vested authority shall be granted to the City Manager or their designee to grant a minor waiver or make minor amendments to these guidelines, with the exception of Federal regulations. All major amendments to these guidelines shall be approved by the City Council.
Applicant name:
(please print)
Date:
Signature
City of Santa Ana
Planning and Building Agency
City Council 30 – 21 6/21/2022
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 16
Commercial Property Compliance Assistance Program Application
CHECKLIST
Complete this checklist to ensure all required documents are included. Incomplete applications will not be considered.
☐ Complete Commercial Property Compliance Assistance Program (CP-CAP) Application ☐ Organizational Documentation (Articles of Incorporation, LLC Operating Agreement, etc.) ☐ Personal Background Exhibits
☐ Owner’s Signature on application
☐ List of all Tenants and Businesses in the Building
☐ Copy of Applicants City Business License ☐ Check here if not applicable ☐ Statement of Project Description
A written statement of what the improvement project will involve. Provide as much detail as possible, including what you are changing or replacing, type of new materials to be used, color, location on façade, etc.
☐ Photographs of Existing Façade
Submit several photos of your building in its current condition. If necessary, also take several photos of buildings in the area to demonstrate that your proposed improvements will maintain the character of the area. Be sure to label each photo and indicate what improvements you are proposing to make in each image. Photos must be submitted electronically in JPEG format.
City of Santa Ana
Planning and Building Agency
City Council 30 – 22 6/21/2022
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 17
Commercial Property Compliance Assistance Program Application ☐ Drawings of Proposed Improvements
Include a concept drawing of what the site will look like after work is completed. For larger projects involving a major scope of work this will include copies of your renovation plan containing elevations and site plans. For smaller projects, a simple sketch may be appropriate at the City’s discretion. In addition to a conceptual drawing include product sample sheets of design elements such as windows, doors, lighting, canopies, etc. showing colors, size, type of material, etc. ☐ Detailed Cost Estimates
Estimates should include all details for the approved scope of work. ☐ Other:
☐ Owner’s Signature on application
Submit all completed applications with all required attachments to the Planning and Building Agency or PlanetBids
City of Santa Ana
Planning and Building Agency
City Council 30 – 23 6/21/2022
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
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Commercial Property Compliance Assistance Program Application Applicant Information
Applicant
Name:
Contact
Person:
City, Zip Code
Property
address:
Mailing
Address:
Phone: Email
EIN #/
SSN #/
ITIN #
Business
License #:
Please
check
one:
Proprietorship Partnership Corporation
Has property received, been awarded,
or applied for any other COVID-19
pandemic relief funds from any
agency(ies)
Yes No
Type of Property:
Name of Business:
City of Santa Ana
Planning and Building Agency
City Council 30 – 24 6/21/2022
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 19
Commercial Property Compliance Assistance Program Application Contractor Information
Name of Business:
Contractor’s
Representative Name:
Address: Phone:
City: State: Zip:
Email:
Type of Business:
Tax ID#:
California State Contractor’s License#:
City of Santa Ana Business License#
Contractor’s Signature – Improvements Approved
Outstanding Violations (if applicable)
Citation: Date of Citation:
Citation: Date of Citation:
Citation: Date of Citation:
Citation: Date of Citation:
Citation: Date of Citation:
If additional space is needed, please attach a separate complete list of all citations and dates of citations.
City of Santa Ana
Planning and Building Agency
City Council 30 – 25 6/21/2022
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 20
Commercial Property Compliance Assistance Program Application Estimated Costs
Category Estimated Costs/Bids
1. Restorations of Building Materials
2. Architectural Features
3. Signage
4. Awnings
5. Steam Cleaning / Power washing
6. Fencing
7. Doors
8. Parking Lot Resurfacing
9. Lighting
10. Paint
11. Anti-Graffiti Measures
12. Landscaping
13. Irrigation
14. Decorative Improvements
15. Aesthetic Improvements
16. Other (Attach a separate complete list of all proposed improvements and breakdown of costs
Estimated date of completion
Total Estimated Costs $
City of Santa Ana
Planning and Building Agency
City Council 30 – 26 6/21/2022
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
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Commercial Property Compliance Assistance Program Application Statement of Project Description
Please describe the scope of the proposed improvements below (include a summary of the building’s current condition, areas to be improved, and how, as well as any proposed materials or colors). You may attach additional sheets if necessary or use a separate page to provide a written statement.
Project Timeline
Project Start Date:
Project End Date:
Additional Comments:
City of Santa Ana
Planning and Building Agency
City Council 30 – 27 6/21/2022
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
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Commercial Property Compliance Assistance Program Application
GENERAL CONDITIONS
• The applicant is solely responsible for all safety conditions and compliance with all municipal, county, state, and federal safety regulations, building codes, ordinances, labor and wage laws, and other applicable regulations.
• Voided checks and invoices must be provided for work completed prior to reimbursement approval.
The applicant will not seek to hold the City of Santa Ana and/or its agents, employees, officers, and/or directors liable for any property damage, personal injury, or other loss relating in any way to the Commercial Property Compliance Assistance Program.
• The applicant agrees to maintain the property and improvements for a minimum of five (5) years. • The applicant authorizes the City of Santa Ana to promote an approved project, including but not limited to displaying a sign at the site, during and after construction, and using photographs and descriptions of the project in the city of Santa Ana materials and press releases. • The applicant understands the City of Santa Ana reserves the right to make changes in conditions of the Commercial Property Compliance Assistance Program as warranted. • If at any time you wish to withdraw your application, you must notify the City of Santa Ana Planning and Building Agency Director in writing at 20 Civic Center Plaza, Santa Ana, CA, 92701, as soon as possible.
City of Santa Ana
Planning and Building Agency
City Council 30 – 28 6/21/2022
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
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Commercial Property Compliance Assistance Program Application Application Certification
Please read the statements below and certify that you understand:
☐ I/We certify that the building owner is the owner of the property. ☐ I/We have attached a copy of all current leases.
☐ I/We have attached relevant photos of the building façade(s) to be included in this program. ☐ I/We have reviewed the program overview and guidelines, have familiarity with the responsibilities of each party, and understand that:
• The Property Compliance Assistance Program is paid to the applicant as reimbursement of paid invoices.
• All services to be performed by contractors shall be subject of agreement between the applicant and contractor(s).
• The Agency shall not assume any liability for such agreements, except as specifically authorized by the program.
☐ I/We understand that If awarded no portion of the grant funds will be used for any purposes other than those listed above.
☐ I/We have read and understand the City of Santa Ana program guidelines, accept the qualifications and conditions and through signature(s) below, certify that I/We are qualified and will abide by such conditions set forth in this application and for all reasonable conditions which may be issued by the City of Santa Ana in the implementation of this program. I/We understand that this is a voluntary program, under which the City of Santa Ana has the right to approve or deny any project or proposal or portions thereof.
☐ I/We have attached a completed Property Maintenance Agreement Applicant(s)
Signature: Date:
Applicant(s)
Signature: Date
City of Santa Ana
Planning and Building Agency
City Council 30 – 29 6/21/2022
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
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Commercial Property Compliance Assistance Program Evaluation Rubric Applicants to the Commercial Property Compliance Assistance Program will be evaluated by the Planning and Building Agency Director and staff using this evaluation system. In addition to the evaluation rubric, applicants must meet all other program requirements outlined in the Property Compliance Assistance Program Guidelines to be considered for funding.
Applicant: Number:
Address:
Rater Name: Date:
Visibility: Certain buildings and businesses are important to the Ward’s character because of their location, size, and/or architectural detail Yes No
The building is highly susceptible to blight
Key, highly visible elements of the building will be improved The building is highly visible due to its location (prominent intersection, larger than surrounding properties, etc.)
Improvements will significantly impact revitalization efforts in downtown City of Santa Ana
Planning and Building Agency
City Council 30 – 30 6/21/2022
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 25
Commercial Property Compliance Assistance Program Evaluation Rubric Design: Some changes may benefit a property’s aesthetics significantly. Yes No The plan is consistent with Santa Ana’s commercial design guidelines and development standards
Proposed improvements will enhance the aesthetics of the building and surrounding the Central Business District
The proposed work complements neighboring property.
A professional designer contributed to the plan
Historic characteristics are enhanced and/or restored
Sustainability/Permanence: Some improvements have a greater, lasting value than others and will remain relevant to the property over time. Priority will be given to projects with significant permanence.
Yes No
Improvements are more than temporary cosmetic touches. Improvements have lasting value and will enhance the integrity of the property
Project includes a maintenance plan for the improvements Applicant owns the building and plans to invest in additional projects Community Contributions: Businesses that focus on the community as a whole build a better place for people to live, visit, work, and play. Priority will be given to businesses that actively give to the community.
Yes No
Applicant keeps area around the business clean and free of debris on a consistent basis.
Applicant participates in Ward organizations and events that promote the community.
Applicant actively promotes the community and their business.
Bonus:
Yes No
The Applicant has an outstanding corrective notice dating after June 21, 2022 will be given priority.
City of Santa Ana
Planning and Building Agency
City Council 30 – 31 6/21/2022
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 26
Commercial Property Compliance Assistance Program Scoring Criteria Comments:
Rater Signature:
City of Santa Ana
Planning and Building Agency
City Council 30 – 32 6/21/2022
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 27
COMMERCIAL PROPERTY COMPLIANCE ASSISTANCE PROGRAM QUALIFIED CENSUS TRACT City of Santa Ana
Planning and Building Agency
The Secretary of the U.S. Department of Housing and Urban Development (HUD) determined the designation of Qualified Census Tracts (QCT)s. QCTs are areas having either 50% or more household incomes less than 60% of the area median gross income, or a poverty rate of at least 25%. The City of Santa Ana has fifteen (15) QCTs located in wards 1, 2, 3, 5, and 6.
City Council 30 – 33 6/21/2022
Page | 28
CP-CAP PROPERTY MAINTENANCE SAMPLE AGREEMENT
City of Santa Ana
Planning and Building Agency
City Council 30 – 34 6/21/2022
Page | 29
CITY OF SANTA ANA
COMMERCIAL PROPERTY COMPLIANCE ASSISTANCE PROGRAM
PROPERTY MAINTENANCE AGREEMENT
This PROPERTY MAINTENANCE AGREEMENT (“Agreement”) is effective upon the date of completion of improvements (“Effective Date”) described below that have been undertaken in accordance with the City’s Commercial Property Compliance Assistance Program (“Program”). This Agreement is entered into by and between the City of Santa Ana (“City”) and [name of property owner] (“Owner”).
RECITALS
WHEREAS, Owner made an application under the Program with respect to the improvements described herein at the real property located at [site address] in Santa Ana, CA, which is more particularly described in the legal description attached hereto as Attachment “A” and incorporated herein (“Property”); and
WHEREAS, City approved Owner’s Program application on [insert date]; and WHEREAS, under the Program, Owner has made the following Improvements to the Property for which Owner has received financial assistance from City: [describe improvements here] (“Improvements”); and
WHEREAS, pursuant to the Program’s terms and conditions, Owner is required to enter into this Agreement to ensure the proper compliance with approval conditions, operational restrictions, maintenance, and upkeep of the Improvements.
The Parties therefore agree as follows:
Section 1. RECITALS. The Recitals above are true and correct and incorporated into the body of this Agreement by this reference.
Section 2. COMPLIANCE WITH APPROVED DEVELOPMENT PLANS AND CITY CONDITIONS. This Agreement fulfills the requirements set forth in the Program application. The Improvements shall substantially conform with all approved development plans and city conditions, as applicable.
Section 3. MAINTENANCE AND REPAIR OF IMPROVEMENTS.
A. Ongoing Operational/ Maintenance Conditions. In exchange for participation in the Program, Owner hereby agrees to maintain and repair the Improvements as follows:
1. The Improvements shall be maintained in conformance with the standards generally applicable to comparable retail/commercial businesses located within the City. The Improvements shall comply with operational conditions of the Santa Ana Municipal Code (SAMC) applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.).
City Council 30 – 35 6/21/2022
Page | 30
2. The Improvements shall be in ongoing compliance with the approved design and construction parameters, signage parameters, and restrictions, as well as landscape designs, as applicable.
3. Ongoing maintenance, repair and upkeep of the Improvements shall be provided by the Owner (including but not limited to controls on the proliferation of trash and debris about the Property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, pedestrian pathways/open space areas, lighting and irrigation fixtures, walls and fencing, landscaping and related landscape improvements, and the like, as applicable).
B. City Right to Conduct Maintenance and Repairs. Owner hereby confers upon the City the right but not the obligation to conduct maintenance and repairs on the Improvements as required in Section 3. Such powers are conferred by Owner on the City for the benefit of the City to provide for the health, safety and welfare of all persons who use the Improvements or any portion thereof and other persons who reside in the vicinity of the Improvements and the entire City.
C. City Right to Enforce. The right and power of the City to enforce the maintenance obligations of Owner herein shall not be deemed to arise by virtue of this Section 3 alone. Any provision of this Agreement to the contrary notwithstanding, the City may, by public nuisance abatement proceeding, and/or by the initiation of an action at law or in equity, notwithstanding this Section 3, enforce the law as relates to the abatement or elimination of a public nuisance regarding the Improvements or enforce any provision or conditions of approval of a building or development permit issued for the Improvements by the City. It shall be presumed that the City is proceeding under the general municipal policy powers reserved to the City under this Section 3(C) if the City issues a written notice of “Maintenance Deficiency” as this term is defined in Section 3(D) of this Agreement.
D. Notice of Maintenance Deficiencies. Upon any failure by Owner to perform any of the maintenance and repair obligations referenced in Section 3(A) (such failure hereinafter referred to as a “Maintenance Deficiency”), the City shall issue written notice of such Maintenance Deficiency to Owner.
E. Maintenance Deficiencies. Owner shall comply with any issuance of a Notice of Maintenance Deficiency within the timeframe specified by the Code Enforcement Division to cure the Maintenance Deficiency identified in such Notice. Within the timeframe specified by the Code Enforcement Division in the notice of a Maintenance Deficiency, Owner may submit a written request to the City seeking additional time to cure the Maintenance Deficiency. Each such written request for additional time shall describe and specify in detail: (i) which tasks require additional time to complete the cure of the Maintenance Deficiency and the reason why such additional time is needed under the circumstances; and (ii) what steps Owner have already taken to commence the cure of the Maintenance Deficiency. The City, in its reasonable discretion, may grant, conditionally grant or deny any written request for additional time as determined by the Code Enforcement Manager. The City shall be under no obligation to consider untimely submitted time extension requests or requests which fail to provide any of the information required above.
F. Removal of Graffiti. Owner hereby further covenants and agrees to keep the exterior surfaces of the Improvements located on the Property free and clear of graffiti. Graffiti shall be City Council 30 – 36 6/21/2022
Page | 31
removed within twenty-four (24) hours following the time of its application. A failure by Owner to remove graffiti within twenty-four (24) hours following its application on any structure, fixture or other improvement located on the Property shall be deemed to be a Maintenance Deficiency for which no further notice under Section 3(D) needs to be given by the City.
G. City May Cure Maintenance Deficiency.
1. In the event Owner fails to cure a Maintenance Deficiency within the time allowed, the City may enter upon or otherwise access the Property for the purpose of curing the Maintenance Deficiency without further notice to Owner.
2. The foregoing notwithstanding, the City, without notice to Owner, shall have the right to enter the Property and remove graffiti, solid waste, trash, or other debris under the following two circumstances: (i) a failure by Owner to remove graffiti within twenty-four (24) hours following its application on the Improvements; or (ii) a failure by Owner to remove the accumulation of solid waste, trash, or other debris immediately adjacent to the Improvements that is visible for a duration of twentyfour (24) hours from an adjacent or contiguous public right-of-way or from a designated fire lane on the Property.
H. City’s Lien Authority. Any sums expended by the City in enforcing, maintaining, repairing or replacing, or curing any element of the Improvements as authorized in Section 3 for which a Maintenance Deficiency has been declared by the City to exist, shall become a lien on the Property subject to enforcement by the City under applicable law.
I. Enforcement of Liens by City. The rights conferred upon the City by Owner under Section 3 of this Agreement expressly include the power to establish and enforce a lien or other encumbrances against the Property or any portion thereof, subject to all then existing other liens and encumbrances on the Property, in an amount reasonably necessary to reimburse the City for its reasonable costs of the necessary and reasonable costs incurred by the City under Section 3(G) to restore the Improvements to the maintenance standard required under this Section 3, including reasonable attorney’s fees and costs of the prevailing party associated with the correction of the Maintenance Deficiency in connection with such action.
J. No approval by Owner shall be necessary for the City to establish and foreclose a lien for non-payment of amounts expended by the City to cure a Maintenance Deficiency under Section 3 of this Agreement. No failure by the City to enforce any default pertaining to the maintenance, repair or replacement of any element of the Improvements under Section 3 shall be deemed to be a waiver of the right or power of the City to enforce any subsequent default thereof by Owner.
Section 4. TERM OF AGREEMENT. This agreement shall remain in effect for a period of 5 years from the Effective Date or the date the Property is no longer owned by Owner, whichever is earlier. This Agreement may otherwise be terminated upon the mutual agreement by the Parties.
Section 5. INTEGRATION. This Agreement contains the entire understanding between the Parties relating to the transaction contemplated by this Agreement, except as otherwise provided. All prior contemporaneous agreements, understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no further force or effect.
This Agreement constitutes the entire understanding and agreement of the Parties on the subject City Council 30 – 37 6/21/2022
Page | 32
matter herein, notwithstanding any previous negotiations or agreements between the Parties or their predecessors in interest with respect to all or any part of the subject matter hereof.
Section 6. SEVERABILITY. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
Section 7. AMENDMENT. No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties.
Section 8. NOTICES. All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
OWNER: CITY:
[Name and Address of Owner]
Attn:
City of Santa Ana
Planning and Building Agency, M-20
PO Box 1988
Santa Ana, CA 92702
(714) 647-5804
[email protected]
Section 9. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be of equal force and effect.
City Council 30 – 38 6/21/2022
Page | 33
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as evidenced by the signatures of the authorized officers of each of them.
CITY
City of Santa Ana
By:
City Manager
By:
Clerk of the Council
OWNER
By:_______________________________
Name:____________________________
Title:______________________________
City Council 30 – 39 6/21/2022
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Published June 21, 2022
City Council 30 – 40 6/21/2022
Police Department
www.santa-ana.org/departments/police/
Item # 31
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 21, 2022
TOPIC: Agreement with Casa De La Familia for the Santa Ana Family Justice Center AGENDA TITLE:
Approve a Three-Year Agreement with Casa De La Familia for the Santa Ana Family Justice Center Operations (General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Casa De La Familia to provide an Operations Specialist to the Santa Ana Family Center, in an amount not to exceed $331,633 for the period of July 1, 2022 through June 30, 2025, with an option for two, one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
In 2019, the City Council appropriated funding through the FY 2019-20 budget process to establish the Santa Ana Family Justice Center (SAFJC). The SAFJC is a partnership between the Santa Ana Police Department and 17 social services organizations to provide a “one-stop shop” where survivors of domestic violence, sexual assault, child abuse, human trafficking, and elder abuse can receive the assistance and support they need. The U.S. Department of Justice has recognized the Family Justice Center as a best practice model. The SAFJC has also joined 90 other Family Justice Centers nationwide in their affiliation with Alliance for HOPE International, to ensure it is following industry-standard best practices.
The SAFJC operates under the Police Department’s Community Engagement Commander, who also serves as the director of the center. An Operations Specialist is needed to oversee and facilitate the day-to-day operations of the center. The Operations Specialist provides the necessary coordination and oversight to ensure the center operates smoothly and efficiently. The Operations Specialist will ensure the mission and core values of the SAFJC are put into practice in every aspect of the center’s operation and will maintain strong relationships with both on-site and off-site community partners, interns, and volunteers, as well as foster a positive working environment. The Operations City Council 31 – 1 6/21/2022
Agreement with Casa De La Familia for the Santa Ana Family Justice Center June 21, 2022
Specialist also acts as a spokesperson for media requests and collaborate with the National Family Justice Center Alliance on various initiatives.
On February 16, 2022, the Police Department issued Request for Proposals (RFP) No. 22-022 to select an organization for a new three-year agreement with two one-year renewal options. The RFP was advertised on the City’s online procurement management and publication system, with proposals due on March 16, 2022. One proposal was received from Casa de la Familia (CDLF), the current provider.
CDLF is a 501(c)(3) non-profit organization that has been providing counseling services to victims of psychological trauma for over 22 years. They are also an on-site partner of the SAFJC, providing a full-time domestic violence advocate. The previous agreement with CDLF expired on December 31, 2021. During the last six months, the Police Department has been working on renewing the agreement for operations specialist services by issuing an RFP and negotiating terms with CDFL. During this time, CDFL has continued to provide the same level of service to the SAFJC at the same monthly cost as the prior agreement. The new agreement compensation total includes the amount needed to cover any services provided since the last agreement expired.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds for this agreement are and will be budgeted and available for the following fiscal years:
Fiscal
Year
Accounting Unit
– Account No.
Fund
Description
Accounting Unit –
Account No.
Description
Amount
FY 21-22 01114435-62300 General
Fund
Criminal
Investigations, Contract
Services
$ 43,680
FY 22-23 01114420-62300 General
Fund
Field Operations,
Contract Services $ 93,717
FY 23-24 01114420-62300 General
Fund
Field Operations,
Contract Services $ 95,966
FY 24-25 01114420-62300 General
Fund
Field Operations,
Contract Services $ 98,270
Total $331,633
City Council 31 – 2 6/21/2022
Agreement with Casa De La Familia for the Santa Ana Family Justice Center June 21, 2022
EXHIBIT(S)
1. Agreement with Casa De La Familia
Submitted By: David Valentin, Police Chief
Approved By: Kristine Ridge, City Manager
City Council 31 – 3 6/21/2022
Exhibit 1
City Council 31 – 4 6/21/2022
City Council 31 – 5 6/21/2022
City Council 31 – 6 6/21/2022
City Council 31 – 7 6/21/2022
City Council 31 – 8 6/21/2022
City Council 31 – 9 6/21/2022
City Council 31 – 10 6/21/2022
City Council 31 – 11 6/21/2022
City Council 31 – 12 6/21/2022
City Council 31 – 13 6/21/2022
City Council 31 – 14 6/21/2022
City Council 31 – 15 6/21/2022
City Council 31 – 16 6/21/2022
City Council 31 – 17 6/21/2022
City Council 31 – 18 6/21/2022
Police Department
www.santa-ana.org/pd
Item # 32
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 21, 2022
TOPIC: Approve Fourth Amendment to the Agreement with LAZ Parking for Parking Enforcement Services
AGENDA TITLE:
Approve Fourth Amendment to the Agreement with LAZ Parking in the amount of $826,255 for Parking Enforcement Services (General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute the fourth amendment to the agreement with LAZ Karp Associates, LLC, for parking enforcement services for the period of July 1, 2022 through June 30, 2023, in an amount not to exceed $826,255, including a 10% contingency ($75,114), subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
On June 19, 2018, the City Council approved agreement A-2018-158 with Serco, Inc. to provide parking enforcement services for the Police Department. The City consented to LAZ Karp Associates’ (LAZ) acquisition of Serco’s parking business in January 2021. LAZ performs the enforcement of street sweeping violations and enforcement of other designated sections of the Santa Ana Municipal Code and California Vehicle Code, as authorized by the Chief of Police. Under this agreement, LAZ provides Parking Ambassadors, a Parking Enforcement Supervisor, vehicles, fuel, uniforms, and other miscellaneous supplies. Before they are deployed, LAZ employees must complete training related to Police Department parking procedures, equipment, vehicle operations, and traffic control. In addition, LAZ employees receive training in basic customer service, including conflict resolution, handling difficult customers, and cultural diversity.
The original term of the agreement covered the two-year period of July 1, 2018, through June 30, 2020. The first one-year extension included an amount of $705,553, including a 10% contingency ($64,141), to fund these services for the period of July 1, 2020, through June 30, 2021. The second one-year extension remained the same as the first one-year extension at $705,553, included a 10% contingency ($64,141) that funded these services for the period of July 1, 2021 through June 30, 2022. The Department is electing City Council 32 – 1 6/21/2022
Approve Fourth Amendment to the Agreement with LAZ Parking for Parking Enforcement Services
June 21, 2022
to exercise the third and final one-year extension for the period of July 1, 2022 through June 30, 2023.
During this contract extension, LAZ will include the purchase of an additional enforcement vehicle. In addition, one additional Parking Ambassador (PA) will be hired to increase existing staff ratios. The existing PAs will receive a modest increase to their salaries. This will allow LAZ to remain competitive in their respective market in regards to hiring and retaining employees. LAZ has been accommodating, professional and consistent in its provision of parking enforcement services, and staff recommends approval of this agreement amendment.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds in the amount of $826,255 will be available in the Police Department’s Traffic Division, Contract Services account no. (01114405-62300) upon City Council adoption of the FY 2023-23 annual budget.
EXHIBIT(S)
1. Amendment to Agreement with LAZ Parking
Submitted By: David Valentin, Police Chief
Approved By: Kristine Ridge, City Manager
City Council 32 – 2 6/21/2022
FOUTH AMENDMENT TO ENFORCEMENT SERVICES
AGREEMENT WITH LAZ PARKING
THIS FOURTH AMENDMENT to the above-referenced agreement is entered into on June 21, 2022, by and between LAZ Karp Associates, LLC, a Connecticut limited liability company (“Consultant”) and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. On June 19, 2018, the City entered into Agreement No. A-2018-158 (“Agreement”) with SERCO, Inc., to provide parking control enforcement services for the City.
B. The Agreement was subsequently amended on August 21, 2018 (A-2018-222) to amend selected terms and conditions to the Agreement. This was followed up by a Second Amendment to the Agreement dated August 18, 2020 to increase the overall compensation and clarify terms and conditions within the Agreement and the Scope of Work.
C. On June 10, 2020, SERCO and the City exercised the first of three one (1) year options to extend the Agreement on June 10, 2020 (#A-2018-158-01) until June 30, 2021.
D. On January 21, 2021, the City consented to a request from LAZ Karp Associates, LLC (“Consultant”) to be assigned the duties and responsibilities related to the above referenced Agreement, as amended (A-2020-169-01). Effective January 21, 2021, Consultant became a party to this Agreement, as amended.
E. On June 1, 2021, the parties entered into a Third Amendment to the Agreement (#A-2021-083) to increase the overall compensation reflective of Consumer Price Index (“CPI”) increases, and exercised the second option to extend the Agreement, as previously allowed under the terms of the Agreement, as amended, through June 30, 2022. The Agreement is current and in effect.
F. The parties now wish to further amend the agreement to increase the overall compensation to cover increased services provided by the Agreement, as amended, and exercise the third and final option to extend the Agreement.
The Parties therefore agree:
1. Section 2, Compensation, is amended to increase the overall compensation of the Agreement.
Compensation provided for the third and final extension to the Agreement, as detailed below, includes costs to cover this final extension of the Agreement, and includes additional costs and services detailed in Exhibit A to this Fourth Amendment. The total amount to be expended during this final one-year term of the Agreement, as detailed in this Fourth Amendment, shall not exceed $826,255, including a 10% contingency ($75,114) for services to be provided at the sole discretion of the City. The compensation detailed for this Fourth Amendment, shall be added to the not-to-exceed amount for the Agreement, as amended.
Exhibit 1
City Council 32 – 3 6/21/2022
2. Section 3, Term. The parties agree to extend the term of the Agreement for an additional one (1) year period from July 1, 2022 through June 30, 2023. The parties agree and understand that no further term extensions are available to exercise. No other changes are contemplated to this section.
3. Except as modified by this Fourth Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first written above.
ATTEST CITY OF SANTA ANA
_______________________________ ______________________________
DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager
APPROVED AS TO FORM LAZ KARP ASSOCIATES, LLC
SONIA R. CARVALHO, City Attorney
By:___________________________ _______________________________ TAMARA BOGOSIAN By:
Senior Assistant City Attorney Title:
RECOMMENDED FOR APPROVAL
________________________________
David Valentin
Chief of Police
Jared Svendsen
Regional Vice President
City Council 32 – 4 6/21/2022
Included in the proposed budget will be one (1) additional Parking Enforcement Ambassador and one (1) additional vehicle.
We respectfully submit our request to increase the annual budget and subsequent hourly billing rate as follows: 1 Supervisor 1 Lead Enforcement Checker 5 Enforcement Checkers (Day Time, Street Sweeping Detail) 2 Enforcement Checkers (PM Shift, Downtown Meter and General Enforcement Detail) Proposed Hourly Rate:
Checker (PA) Rate - $38.00Supervisor Rate - $52.80Not to Exceed Budget of $826,255, this includes a 10% contingency.
EXHIBIT A to 4th Amendment
City Council 32 – 56/21/2022 Rates July August September October November December January February March April May June Total Hourly Rate Income - SUP 53.80 8,651 8,651 8,651 8,651 8,651 8,651 8,651 8,651 8,651 8,651 8,651 8,651 103,818Hourly Rate Income - CHK 38.00 53,944 53,944 53,944 53,944 53,944 53,944 53,944 53,944 53,944 53,944 53,944 53,944 647,323TOTAL GROSS REVENUE 62,595 62,595 62,595 62,595 62,595 62,595 62,595 62,595 62,595 62,595 62,595 62,595 751,141 TOTAL NET REVENUE 62,595 62,595 62,595 62,595 62,595 62,595 62,595 62,595 62,595 62,595 62,595 62,595 751,141TOTAL PAYROLL AND BENEFITS 49,832 49,832 49,832 49,832 49,832 49,832 49,832 49,832 49,832 49,832 49,832 49,832 597,988Labor 36,459 36,459 36,459 36,459 36,459 36,459 36,459 36,459 36,459 36,459 36,459 36,459 437,503Vacation/Sick 5.00% 1,823 1,823 1,823 1,823 1,823 1,823 1,823 1,823 1,823 1,823 1,823 1,823 21,875Payroll Taxes 9.50% 3,637 3,637 3,637 3,637 3,637 3,637 3,637 3,637 3,637 3,637 3,637 3,637 4,361Worker's Compensation 4.00% 1,531 1,531 1,531 1,531 1,531 1,531 1,531 1,531 1,531 1,531 1,531 1,531 18,375401k Company Match 1.00% 383 383 383 383 383 383 383 383 383 383 383 383 4,594Health Insurance 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 72,000ADMINISTRATIVE COSTS 908 908 908 908 908 908 908 908 908 908 908 908 10,894Audit Fees $ 292 292 292 292 292 292 292 292 292 292 292 292 292 3,500IT Fees $ 83 83 83 83 83 83 83 83 83 83 83 83 83 1,000Employee Hiring Costs, Background Checks $150 150 150 150 150 150 150 150 150 150 150 150 150 1,800Payroll Processing 1.00% 383 383 383 383 383 383 383 383 383 383 383 383 4,594CAPITAL EXPENDITURES 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 36,000Transportation $2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 24,000New Vehicle $1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 12,000CONTRACTED THIRD PARTY SERVICES 0000000000000LIABILITY INSURANCE $200 200 200 200 200 200 200 200 200 200 200 200 200 2,400PROFIT + OVERHEAD $2,557 2,557 2,557 2,557 2,557 2,557 2,557 2,557 2,557 2,557 2,557 2,557 2,557 30,683REPAIRS AND MAINTENANCE 0000000000000UNIFORMS $250 250 250 250 250 250 250 250 250 250 250 250 250 3,000SUPPLIES 4,918 4,918 4,918 4,918 4,918 4,918 4,918 4,918 4,918 4,918 4,918 4,918 59,016Computers $70 70 70 70 70 70 70 70 70 70 70 70 70 840Time Clock $20 20 20 20 20 20 20 20 20 20 20 20 20 240Fuel $1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 18,000 Vehicle R&M $250 250 250 250 250 250 250 250 250 250 250 250 250 3,000Vehicle Insurance $2,428 2,428 2,428 2,428 2,428 2,428 2,428 2,428 2,428 2,428 2,428 2,428 2,428 29,136Radios- GPS $350 350 350 350 350 350 350 350 350 350 350 350 350 4,200Office Supplies $100 100 100 100 100 100 100 100 100 100 100 100 100 1,200Body Cam 0 0 0 0 0 0 0 0 0 0 0 0 0Communication/Cellular $200 200 200 200 200 200 200 200 200 200 200 200 200 2,400OFFICE EXPENSE 930 930 930 930 930 930 930 930 930 930 930 930 11,160Rent $810 810 810 810 810 810 810 810 810 810 810 810 810 9,720Telephone/Internet $120 120 120 120 120 120 120 120 120 120 120 120 120 1,440TOTAL OTHER EXPENSES 12,763 12,763 12,763 12,763 12,763 12,763 12,763 12,763 12,763 12,763 12,763 12,763 153,153TOTAL OPERATING EXPENSES 62,595 62,595 62,595 62,595 62,595 62,595 62,595 62,595 62,595 62,595 62,595 62,595 751,141 FY 2023
City Council 32 – 66/21/2022 Police Department
www.santa-ana.org/cd
Item # 33
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 21, 2022
TOPIC: Agreement with Axon Enterprise, Inc. for Body-Worn Camera Services AGENDA TITLE:
Approve a Five-Year Agreement with Axon Enterprise, Inc. in the amount of $5,187,638 for Body-Worn Camera Services (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute a five-year agreement with Axon Enterprise, Inc. to provide body-worn camera equipment and services to the Police Department, in an amount not to exceed $5,187,638, including a 5% contingency ($247,030), for the period of July 1, 2022 through June 30, 2027, subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
On May 25, 2017, the Santa Ana Police Department entered into a five-year contractual partnership with Axon Enterprise, Inc. (formerly Taser, Inc.) to implement its first bodyworn camera program. Body-worn cameras (BWCs) serve as a promising tool to improve law enforcement interactions with the public to provide a visual and audio record of interactions with our community. On September 1, 2017, the program went live with 200 cameras assigned to frontline personnel, which included patrol officers, motor officers, and specialized details (gangs and directed patrols). After going live, the Police Department quickly became a regional leader in the BWC industry and various agencies conducted site visits for program guidance and training. Our BWC program was part of a national conference as a model agency for other agencies to follow.
During the term of the current agreement, the BWC program has expanded to meet the demands of organizational growth and frontline applications, emerging technologies, and laws that have impacted the overall use of BWCs. The program has made a significant impact in meeting the demands of contemporary policing. The presence of BWCs help strengthen accountability and transparency, and can assist in de-escalating conflicts, resulting in more constructive encounters between the police and our community.
The agreement with Axon has developed into a strong partnership that has provided City Council 33 – 1 6/21/2022
Agreement with Axon Enterprise, Inc. for Body-Worn Camera Services June 21, 2022
growth and guidance in program development, policy considerations, unlimited technical support, and hardware and software considerations to meet the specific needs of the Santa Ana Police Department. Our contractual partnership with Axon expires on June 30, 2022. Renewing the contract with Axon as a sole source provider will allow the Department to continue with the current infrastructure in place to support Axon technology for deployment consistency, continued device pairing with Taser (current Tasers are made by Axon) and BWC activation, and is supported by current policies, procedures, practices, and regional consistency with allied agencies.
The Police Department proposes to continue the partnership with Axon and enter into a five-year partnership agreement beginning July 1, 2022 and ending June 30, 2027 for a total five-year agreement amount not to exceed $5,187,638. The agreement includes an additional 48 BWCs and an additional 50 user licenses. In addition to the added hardware (BWCs and docking stations) and user licenses, the program will see a significant improvement in software applications such as the following: signal sidearm (pairing an officer's firearm with the assigned BWC), Axon Performance (a new feature that monitors proper BWC activation and certain unacceptable language), Redaction Assistant, Dictation Assistant (new dictation technology that will assist personnel in completing reports, which will impact frontline overtime), and Virtual Training.
Benefits to the community include the following:
Continued transparency
Virtual training for de-escalation in mental health and use-of-force options Enhance community trust
Reduced civil liability
Overtime cost savings with Dictation Assistant
Decreased officer stress
Immediate sharing capabilities
Streamlining of court and evidence process
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds in the amount of $5,187,638 will be available in FY 2022-23 upon City Council adoption of the FY 2022-23 annual budget, and budgeted in future fiscal year budgets for anticipated expenditure as follows:
City Council 33 – 2 6/21/2022
Agreement with Axon Enterprise, Inc. for Body-Worn Camera Services June 21, 2022
Fiscal
Year
Accounting Unit
– Account No.
Fund
Description
Accounting Unit –
Account No. Description Amount
FY 22-23 01214010-66511 Cannabis
Fund
Police Enforcement
Services, Computer
Software Subscriptions
$1,071,062
FY 23-24 01214010-66511 Cannabis
Fund
Police Enforcement
Services, Computer
Software Subscriptions
$1,029,144
FY 24-25 01214010-66511 Cannabis
Fund
Police Enforcement
Services, Computer
Software Subscriptions
$1,029,144
FY 25-26 01214010-66511 Cannabis
Fund
Police Enforcement
Services, Computer
Software Subscriptions
$1,029,144
FY 26-27 01214010-66511 Cannabis
Fund
Police Enforcement
Services, Computer
Software Subscriptions
$1,029,144
Total $5,187,638
The amounts above include a portion of the five percent contingency each year. Any unspent contingency will be carried forward to subsequent fiscal years, if needed.
EXHIBIT(S)
1.Agreement with Axon
Submitted By: David Valentin, Police Chief
Approved By: Kristine Ridge, City Manager
City Council 33 – 3 6/21/2022
Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 1 of 23
This Master Services and Purchasing Agreement (“Agreement”) is between Axon Enterprise, Inc., a Delaware corporation (“Axon”), and the agency listed below or, if no agency is listed below, the agency on the Quote attached hereto (“Agency”). This Agreement is effective as July 1, 2022 (“Effective Date”). Axon and Agency are each a “Party” and collectively “Parties”. This Agreement governs Agency’s purchase and use of the Axon Devices and Services detailed in the Quote Appendix – attached hereto as Exhibit A (“Quote”). It is the intent of the Parties that this Agreement act as a master agreement governing all subsequent services and purchases provided to Agency for the same Axon Devices and Services in the Quote, and all such subsequent quotes accepted by Agency shall be also incorporated into this Agreement by reference as a Quote. The Parties agree as follows:
1. Definitions.
1.1. “Axon Cloud Services” means Axon’s web services for Axon Evidence, Axon Records, Axon Dispatch, and interactions between Axon Evidence and Axon Devices or Axon client software. Axon Cloud Service excludes third-party applications, hardware warranties, and my.evidence.com.
1.2. “Axon Device” means all hardware provided by Axon under this Agreement.
1.3. “Quote” means an offer to sell and is only valid for devices and services on the quote at the specified prices.
Any terms within Agency’s purchase order in response to a Quote will be void. Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote. Shipping dates are estimates only. Axon is not responsible for typographical errors in any offer by Axon, and Axon reserves the right to cancel any orders resulting from such errors.
1.4. “Services” means all services provided by Axon under this Agreement, including software, Axon Cloud Services, and professional services.
2. Term. This Agreement begins on the July 1, 2022 and continues until: June 30, 2027. (“Term”).
2.1. All subscriptions including Axon Evidence, Axon Fleet, Officer Safety Plans, Technology Assurance Plans, and TASER 7 plans begin on the date stated in the Quote. Each subscription term ends upon completion of the subscription stated in the Quote (“Subscription Term”).
2.2. New devices and services may require additional terms. Axon will not authorize services until Axon receives a signed Quote or accepts a purchase order, whichever is first.
3. Payment. Axon invoices upon shipment, or on the date specified within the invoicing plan in the Quote. Payment is due net 30 days from the invoice date. Payment obligations are non-cancelable. Unless otherwise prohibited by law, Agency will pay interest on all past-due sums at the lower of one-and-a-half percent (1.5%) per month or the highest rate allowed by law. Agency will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Agency is responsible for collection and attorneys’ fees.
Agency agrees to pay, and Axon agrees to accept as total payment for its services for Agency, the rates and charges identified in Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed $5,187,638. This amount includes a 5% contingency amount of $247,030 for services provided at the sole discretion of Agency.
4. Taxes. Agency is responsible for sales and other taxes associated with the order unless Agency provides Axon a valid tax exemption certificate.
5. Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments are EXW (Incoterms 2020) via common carrier. Title and risk of loss pass to Agency upon Axon’s delivery to the common carrier. Agency is responsible for any shipping charges in the Quote.
6. Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law.
7. Warranty.
7.1. Limited Warranty; Disclaimer. Axon warrants that Axon-manufactured Devices are free from defects in workmanship and materials for one (1) year from the date of Agency’s receipt, except Signal Sidearm and Axon-manufactured accessories, which Axon warrants for thirty (30) months and ninety (90) days, respectively, from the date of Agency’s receipt. Used conducted energy weapon (“CEW”) cartridges are deemed to have operated properly. Extended warranties run from the expiration of the one (1) year hardware warranty through the extended warranty term. All software and Axon Cloud Services are provided "AS IS," without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Axon Devices, software, and services that are not manufactured, published or performed by Axon (“Third-Party Products”) are not covered by Axon’s warranty and are only subject to the warranties of the third-party provider or DocuSign Envelope ID: D7E89A7A-576D-4303-B1C0-8ACFA76A9E40 Exhibit 1 City Council 33 – 4 6/21/2022
Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 2 of 23
manufacturer.
7.2. Claims. If Axon receives a valid warranty claim for an Axon-manufactured Device during the warranty term, Axon’s sole responsibility is to repair or replace the Axon-manufactured Device with the same or like Axonmanufactured Device, at Axon’s option. A replacement Axon-manufactured Device will be new or like new.
Axon will warrant the replacement Axon-manufactured Device for the longer of :(a) the remaining warranty of the original Axon Manufactured Device or (b) ninety (90) days from the date of repair or replacement.
7.2.1. If Agency exchanges a device or part, the replacement item becomes Agency’s property, and the replaced item becomes Axon’s property. Before delivering an Axon-manufactured Device for service, Agency must upload Axon-manufactured Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the Axon-manufactured Device sent to Axon for service.
7.3. Spare Axon Devices. At Axon's reasonable discretion, Axon may provide Agency a predetermined number of spare Axon Devices as detailed in the Quote (“Spare Axon Devices”). Spare Axon Devices are intended to replace broken or non-functioning units while Agency submits the broken or non-functioning units, through Axon’s warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Agency in accordance with shipping terms under Section
5. Axon assumes no liability or obligation in the event Agency does not utilize Spare Axon Devices for the intended purpose.
7.4. Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other than Axon without Axon’s written permission; or (f) Axon Devices with a defaced or removed serial number.
Axon’s warranty will be void if Agency resells Axon Devices.
7.4.1.To the extent permitted by law, the above warranties and remedies are exclusive. Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement.
7.4.2.Axon’s cumulative liability to any Party for any loss or damage resulting from any claim, demand, or action arising out of or relating to any Axon Device or Service will not exceed the purchase price paid to Axon for the Axon Device, or if for Services, the amount paid for such Services over the 12 months preceding the claim.
7.5. Online Support Platforms. Use of Axon's online support platforms (e.g., Axon Academy and MyAxon) is governed by the Axon Online Support Platforms Terms of Use Appendix available at www.axon.com/salesterms-and-conditions.
7.6. Third-Party Software and Services. Use of software or services other than those provided by Axon is governed by the terms, if any, entered into between Agency and the respective third-party provider, including, without limitation, the terms applicable to such software or services located at www.axon.com/sales-termsand-conditions, if any.
7.7. Axon Aid. Upon mutual agreement between Axon and Agency, Axon may provide certain products and services to Agency, as a charitable donation under the Axon Aid program. In such event, Agency expressly waives and releases any and all claims, now known or hereafter known, against Axon, and its officers, directors, employees, agents, contractors, affiliates, successors, and assigns (collectively, "Releasees"), including but not limited to, on account of injury, death, property damage, or loss of data, arising out of or attributable to the Axon Aid program whether arising out of the negligence of Axon or any Releasees or otherwise. Agency agrees not to make or bring any such claim against Axon or any other Releasee, and forever release and discharge Axon and all other Releasees from liability under such claims. Agency expressly allows Axon to publicly announce its participation in Axon Aid and use its name in marketing materials. Axon may terminate the Axon Aid program without cause immediately upon notice to the Agency.
8. Statement of Work. Certain Axon Devices and Services, including Axon Interview Room, Axon Channel Services, and Axon Fleet, may require a Statement of Work that details Axon’s Service deliverables (“SOW”). In the event Axon provides an SOW to Agency, Axon is only responsible to perform Services described in the SOW. Additional services are deemed out of scope. The Parties must document scope changes, consistent with and in furtherance of the products and services detailed in this Agreement and Exhibit A, in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. The SOW is incorporated into this Agreement by reference.
Revisions to the Scope of Work or services detailed in Exhibit A, which were not contemplated by this Agrement, and DocuSign Envelope ID: D7E89A7A-576D-4303-B1C0-8ACFA76A9E40 City Council 33 – 5 6/21/2022
Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 3 of 23
any increase to the total costs detailed in Exhibit A, are subject to amendment which will require approval by the City Council for the City of Santa Ana.
9. Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings.
10. Design Changes. Axon may make design changes to any Axon Device or Service without notifying Agency or making the same change to Axon Devices and Services previously purchased by Agency.
11. Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time of Agency’s purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to a delay of availability or Agency’s election not to utilize any portion of an Axon bundle.
12. Insurance.
Axon shall procure and maintain forthe duration of the contract insurance againstclaims for security breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, or employees. Vendor shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuseof data, infringement of intellectual property, invasion of privacy and breach of data.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the generalaggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04)or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and propertydamage.
3. Workers’ Compensation insurance as required by the State of California, withStatutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include,but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress,invasion of privacy violations, information theft, damage to or destruction of electronicinformation, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. Technology Professional Liability Errors & Omissions
Technology Professional Liability Errors and Omissions Insurance appropriate to the Consultant’s profession and work hereunder, with limitsnot less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of privateinformation, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. a. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the Agency in the care, custody, or control of the Vendor. If not coveredunder the Vendor’s liability policy, such “property” coverage of theAgency may be endorsed onto the Vendor’s Cyber Liability Policy as covered property as follows:
If the Vendor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limitsmaintained by the contractor. Any DocuSign Envelope ID: D7E89A7A-576D-4303-B1C0-8ACFA76A9E40 City Council 33 – 6 6/21/2022
Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 4 of 23
available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
Agency, its officers, officials, employees, and volunteers are to be covered as additionalinsureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Vendor including materials, parts, or equipment furnished inconnection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Please note, if there is an insured vs. insured exclusion on the vendor’s policy, carefully reviewwith the vendor and their insurance carrier on whether being added as an additional insured onto the vendor’s policy removes your organization’s ability to file suit against the vendor anddraw upon the policy should final adjudication in a lawsuit state that the vendor shall pay damages to your organization.
Primary Coverage
For any claims related to this contract, the Vendor’s insurance coverage shall be primary. Coverage for commercial liability shall be at least as broad as ISO CG 20 01 04 13 as respectsthe Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of theVendor’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, exceptwith notice to the Entity.
Waiver of Subrogation
Vendor hereby grants to Entity a waiver of any right to subrogation which any insurer of saidVendor may acquire against the Entity by virtue of the payment of any loss under such insurance. Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may requirethe Vendor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide,or be endorsed to provide, that the self-insured retention may be satisfied by either the namedinsured or Entity.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to the Entity.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or thebeginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at leastfive (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Vendor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
Verification of Coverage
Vendor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Vendor’s obligation to provide DocuSign Envelope ID: D7E89A7A-576D-4303-B1C0-8ACFA76A9E40 City Council 33 – 7 6/21/2022
Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 5 of 23
them. The Entity reserves the right to require complete, certified copiesof all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Vendor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Vendor shall ensure that Entity is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
13. IP Rights. Axon owns and reserves all right, title, and interest in Axon-manufactured Devices and Services and suggestions to Axon, including all related intellectual property rights. Agency will not cause any Axon proprietary rights to be violated.
14. IP Indemnification. Axon will indemnify Agency Indemnitees against all claims, losses, and reasonable expenses from any third-party claim alleging that the use of Axon-manufactured Devices or Services infringes or misappropriates the third-party’s intellectual property rights. Agency must promptly provide Axon with written notice of such claim, tender to Axon the defense or settlement of such claim at Axon’s expense and cooperate fully with Axon in the defense or settlement of such claim. Axon’s IP indemnification obligations do not apply to claims based on: (a) modification of Axon-manufactured Devices or Services by Agency or a third-party not approved by Axon; (b) use of Axon-manufactured Devices and Services in combination with hardware or services not approved by Axon; (c) use of Axon Devices and Services other than as permitted in this Agreement; or (d) use of Axon software that is not the most current release provided by Axon.
15. Agency Responsibilities. Agency is responsible for: (a) Agency’s use of Axon Devices; (b) breach of this Agreement or violation of applicable law by Agency or an Agency end user; and (c) a dispute between Agency and a third-party over Agency’s use of Axon Devices.
16. Termination.
16.1. For Breach. A Party may terminate this Agreement by providing (thirty) 30 days written notice of the breach to the other Party, and the breach remains uncured at the end of thirty (30) days. If Agency terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination.
16.2. By Agency. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Agency may terminate this Agreement. Agency will deliver notice of termination under this section as soon as reasonably practicable.
16.3. Effect of Termination. Upon termination of this Agreement, Agency’s rights immediately terminate. Agency remains responsible for all fees incurred before the effective date of termination. If Agency purchases Axon Devices for less than the manufacturer’s suggested retail price (“MSRP”) and this Agreement terminates before the end of the Term, Axon will invoice Agency the difference between the MSRP for Axon Devices received, including any Spare Axon Devices, and amounts paid towards those Axon Devices. Only if terminating for nonappropriation, Agency may return Axon Devices to Axon within 30 days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale. For bundled Axon Devices, MSRP is the standalone price of all individual components.
17. Confidentiality. “Confidential Information” means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party’s Confidential Information. Unless required by law, neither Party will disclose the other Party’s Confidential Information during the Term of the Agreement and for (five) 5 years thereafter. To the extent permissible by law, Axon pricing is Confidential Information and competition sensitive. If Agency receives a public records request to disclose Axon Confidential Information, to the extent allowed by law, Agency will make a good faith effort to provide notice to Axon before disclosure. Axon may publicly announce information related to this Agreement.
18. General.
18.1. Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s reasonable control.
18.2. Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties.
DocuSign Envelope ID: D7E89A7A-576D-4303-B1C0-8ACFA76A9E40 City Council 33 – 8 6/21/2022
Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 6 of 23
18.3. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.
18.4. Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law.
18.5. Export Compliance. Each Party will comply with all import and export control laws and regulations.
18.6. Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets.
This Agreement is binding upon the Parties respective successors and assigns.
18.7. Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right.
18.8. Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect.
18.9. Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, and Agency Responsibilities.
18.10.Governing Law. The laws of the state where Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.
18.11.Notices. All notices must be in English. Notices posted on Agency’s Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Contact information for notices are provided below:
Axon: Axon Enterprise, Inc. Agency: City of Santa Ana
Attn: Legal Attn: Clerk of the Council
17800 N. 85th Street 20 Civic Center Plz
Scottsdale, Arizona 85255 Santa Ana, CA 92701-4058
[email protected] Email: [email protected]
With Copy to: Santa Ana Police Department
Attn: Chief of Police
60 Civic Center Plaza
Santa Ana, CA 92701
18.12 Entire Agreement. This Agreement, including the Exhibits, Appendices and any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties.
18.13 Background Check Requirements: Agency may request and Axon shall provide to Agency proof of background screening and national security clearances and vetting for Axon personnel supporting Axon services detailed in this Agreement. The Parties understand that the final responsibility for maintaining the security and confidentiality of criminal justice information maintained by Agency, subject to the services provided by Axon, rests with the individual agency head and access to the screening and clearances performed by Axon are subject to Agency review. If Agency determines Axon personnel background and national security clearances do not comport or comply with the law, Axon shall coordinate and provide to Agency all information necessary to allow Agency can conduct background security screening of Axon personnel, at Agency’s expense.
DocuSign Envelope ID: D7E89A7A-576D-4303-B1C0-8ACFA76A9E40 City Council 33 – 9 6/21/2022
Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 7 of 23
Each Party, by and through its respective representative authorized to execute this Agreement, has duly executed and delivered this Agreement as of the date of signature.
AXON: AGENCY:
Axon Enterprise, Inc. City of Santa Ana
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
ATTEST:
_______________________
DAISY GOMEZ
Clerk of the Council
RECOMMENDED FOR APPROVAL:
________________________
David Valentin
Chief of Police
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: _______________________
Tamara Bogosian
Senior Assistant City Attorney
DocuSign Envelope ID: D7E89A7A-576D-4303-B1C0-8ACFA76A9E40 VP, Assoc. General Counsel
6/7/2022 | 5:53 PM MST
Bobby Driscoll
City Council 33 – 10 6/21/2022
Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 8 of 23
Axon Cloud Services Terms of Use Appendix
1. Definitions.
1.1. “Agency Content” is data uploaded into, ingested by, or created in Axon Cloud Services within Agency’s tenant, including media or multimedia uploaded into Axon Cloud Services by Agency. Agency Content includes Evidence but excludes Non-Content Data.
1.2. “Evidence” is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency. Evidence is a subset of Agency Content.
1.3. “Non-Content Data” is data, configuration, and usage information about Agency’s Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. NonContent Data includes data about users captured during account management and customer support activities.
Non-Content Data does not include Agency Content.
1.4. “Personal Data” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
2. Access. Upon Axon granting Agency a subscription to Axon Cloud Services, Agency may access and use Axon Cloud Services to store and manage Agency Content. Agency may not exceed more end users than the Quote specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence Lite, Agency may access and use Axon Evidence only to store and manage TASER CEW and TASER CAM data (“TASER Data”).
Agency may not upload non-TASER Data to Axon Evidence Lite.
3. Agency Owns Agency Content. Agency controls and owns all right, title, and interest in Agency Content. Except as outlined herein, Axon obtains no interest in Agency Content, and Agency Content is not considered to be Axon’s business records. Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content. Axon will only have access to Agency Content for the limited purposes set forth herein. Agency agrees to allow Axon access to Agency Content to: (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products.
4. Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and Agency Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum.
5. Agency Responsibilities. Agency is responsible for: (a) ensuring Agency owns Agency Content; (b) ensuring no Agency Content or Agency end user’s use of Agency Content or Axon Cloud Services violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud Services. If Agency becomes aware of any violation of this Agreement by an end user, Agency will immediately terminate that end user’s access to Axon Cloud Services.
5.1. Agency will also maintain the security of end usernames and passwords and security and access by end users to Agency Content. Agency is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Agency regulation and standards. Agency may not sell, transfer, or sublicense access to any other entity or person. Agency shall contact Axon immediately if an unauthorized party may be using Agency’s account or Agency Content, or if account information is lost or stolen.
5.2. To the extent Agency uses the Axon Cloud Services to interact with YouTube®, such use may be governed by the YouTube Terms of Service, available at https://www.youtube.com/static?template=terms.
6. Privacy. Agency’s use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current version of which is available at https://www.axon.com/legal/cloud-services-privacy-policy. Agency agrees to allow Axon access to Non-Content Data from Agency to: (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products.
DocuSign Envelope ID: D7E89A7A-576D-4303-B1C0-8ACFA76A9E40 City Council 33 – 11 6/21/2022
Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 9 of 23
7. Axon Body 3 Wi-Fi Positioning. Axon Body 3 cameras offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance, within buildings or underground. Agency administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Agency chooses to use this service, Axon must also enable the usage of the feature for Agency’s Axon Cloud Services tenant. Agency will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Agency’s Axon Cloud Services tenant. When Wi-Fi Positioning is enabled by both Axon and Agency, Non-Content and Personal Data will be sent to Skyhook Holdings, Inc. (“Skyhook”) to facilitate the Wi-Fi Positioning functionality. Data controlled by Skyhook is outside the scope of the Axon Cloud Services Privacy Policy and is subject to the Skyhook Services Privacy Policy.
8. Storage. For Axon Unlimited Device Storage subscriptions, Agency may store unlimited data in Agency's Axon Evidence account only if data originates from Axon Capture or the applicable Axon Device. Axon may charge Agency additional fees for exceeding purchased storage amounts. Axon may place Agency Content that Agency has not viewed or accessed for 6 months into archival storage. Agency Content in archival storage will not have immediate availability and may take up to 24 hours to access.
9. Location of Storage. Axon may transfer Agency Content to third-party subcontractors for storage. Axon will determine the locations of data centers for storage of Agency Content. For United States agencies, Axon will ensure all Agency Content stored in Axon Cloud Services remains within the United States. Ownership of Agency Content remains with Agency.
10. Suspension. Axon may temporarily suspend Agency’s or any end user’s right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Agency or end user’s use of or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third-party; (b) adversely impact Axon Cloud Services , the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent. Agency remains responsible for all fees incurred through suspension. Axon will not delete Agency Content because of suspension, except as specified in this Agreement.
11. Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Agency uploads data to Axon Cloud Services.
12. Axon Records. Axon Records is the software-as-a-service product that is generally available at the time Agency purchases an OSP 7 bundle. During Agency’s Axon Records Subscription Term, if any, Agency will be entitled to receive Axon’s Update and Upgrade releases on an if-and-when available basis.
12.1. The Axon Records Subscription Term will end upon the completion of the Axon Records Subscription as documented in the Quote, or if purchased as part of an OSP 7 bundle, upon completion of the OSP 7 Term (“Axon Records Subscription”)
12.2. An “Update” is a generally available release of Axon Records that Axon makes available from time to time. An “Upgrade” includes: (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude new products that Axon introduces and markets as distinct products or applications.
12.3. New or additional Axon products and applications, as well as any Axon professional services needed to configure Axon Records, are not included. If Agency purchases Axon Records as part of a bundled offering, the Axon Record subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Records to Agency.
12.4. Users of Axon Records at the agency may upload files to entities (incidents, reports, cases, etc) in Axon Records with no limit to the number of files and amount of storage. Notwithstanding the foregoing, Axon may limit usage should the Agency exceed an average rate of 100 GB per user per year of uploaded files. Axon will not bill for overages.
13. Axon Cloud Services Restrictions. Agency and Agency end users, (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to:
13.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services;
13.2. reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same; DocuSign Envelope ID: D7E89A7A-576D-4303-B1C0-8ACFA76A9E40 City Council 33 – 12 6/21/2022
Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 10 of 23
13.3. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;
13.4. use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement;
13.5. access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services;
13.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Cloud Services; or
13.7. use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; to store or transmit material in violation of third-party privacy rights; or to store or transmit malicious code.
14. After Termination. Axon will not delete Agency Content for one-hundred and eighty (180) days following termination.
There will be no functionality of Axon Cloud Services during these 180 days other than the ability to retrieve Agency Content. Agency will not incur additional fees if Agency downloads Agency Content from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Agency Content after these 180-days and will thereafter, unless legally prohibited, delete all Agency Content. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Agency Content from Axon Cloud Services.
15. Post-Termination Assistance. Axon will provide Agency with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content, including requests for Axon’s data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system.
16. U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Cloud Services on behalf of a U.S. Federal department, Axon Cloud Services is provided as a “commercial item,” “commercial computer software,” “commercial computer software documentation,” and “technical data”, as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, Agency will immediately discontinue use of Axon Cloud Services.
17. Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: Agency Owns Agency Content, Privacy, Storage, Axon Cloud Services Warranty, and Axon Cloud Services Restrictions.
DocuSign Envelope ID: D7E89A7A-576D-4303-B1C0-8ACFA76A9E40 City Council 33 – 13 6/21/2022
Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 11 of 23
Axon Customer Experience Improvement Program Appendix
1. Axon Customer Experience Improvement Program (ACEIP). The ACEIP is designed to accelerate Axon’s development of technology, such as building and supporting automated features, to ultimately increase safety within communities and drive efficiency in public safety. To this end, subject to the limitations on Axon as described below, Axon, where allowed by law, may make limited use of Agency Content from all of its customers, to provide, develop, improve, and support current and future Axon products (collectively, “ACEIP Purposes”). However, at all times, Axon will comply with its obligations pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a comprehensive data security program, (including compliance with the CJIS Security Policy for Criminal Justice Information), privacy program, and data governance policy, including high industry standards of de-identifying Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier 1 and Tier 2. By default, Agency will be a participant in ACEIP Tier 1. If Agency does not want to participate in ACEIP Tier 1, Agency can revoke its consent at any time. If Agency wants to participate in Tier 2, as detailed below, Agency can check the ACEIP Tier 2 box below. If Agency does not want to participate in ACEIP Tier 2, Agency should leave box unchecked. At any time, Agency may revoke its consent to ACEIP Tier 1, Tier 2, or both Tiers.
2. ACEIP Tier 1.
2.1. When Axon uses Agency Content for the ACEIP Purposes, Axon will extract from Agency Content and may store separately copies of certain segments or elements of the Agency Content (collectively, “ACEIP Content”). When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate, transform or de-identify Agency Content so that the extracted ACEIP Content is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual (“Privacy Preserving Technique(s)”). For illustrative purposes, some examples are described in footnote 11. For clarity, ACEIP Content will still be linked indirectly, with an attribution, to the Agency from which it was extracted. This attribution will be stored separately from the data itself, but is necessary for and will be solely used to enable Axon to identify and delete all ACEIP Content upon Agency request.
Once de-identified, ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time, Agency may revoke the consent granted herein to Axon to access and use Agency Content for ACEIP Purposes. Within 30 days of receiving the Agency’s request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Agency. In addition, if Axon uses Agency Content for the ACEIP Purposes, upon request, Axon will make available to Agency a list of the specific type of Agency Content being used to generate ACEIP Content, the purpose of such use, and the retention, privacy preserving extraction technique, and relevant data protection practices applicable to the Agency Content or ACEIP Content (“Use Case”). From time to time, Axon may develop and deploy new Use Cases. At least 30 days prior to authorizing the deployment of any new Use Case, Axon will provide Agency notice (by updating the list of Use Case at https://www.axon.com/aceip and providing Agency with a mechanism to obtain notice of that update or another commercially reasonable method to Agency designated contact) (“New Use Case”).
2.2. Expiration of ACEIP Tier 1. Agency consent granted herein, will expire upon termination of the Agreement. In accordance with section 1.1.1, within thirty (30) days of receiving the Agency’s request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete ACEIP Content.
Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Agency.
3. ACEIP Tier 2. In addition to ACEIP Tier 1, if Agency wants to help further improve Axon’s services, Agency may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2 grants Axon certain additional rights to use Agency
1 For example; (a) when extracting specific text to improve automated transcription capabilities, text that could be used to directly identify a particular individual would not be extracted, and extracted text would be disassociated from identifying metadata of any speakers, and the extracted text would be split into individual words and aggregated with other data sources (including publicly available data) to remove any reasonable ability to link any specific text directly or indirectly back to a particular individual; (b) when extracting license plate data to improve Automated License Plate Recognition (ALPR) capabilities, individual license plate characters would be extracted and disassociated from each other so a complete plate could not be reconstituted, and all association to other elements of the source video, such as the vehicle, location, time, and the surrounding environment would also be removed; (c) when extracting audio of potential acoustic events (such as glass breaking or gun shots), very short segments (<1 second) of audio that only contains the likely acoustic events would be extracted and all human utterances would be removed.
DocuSign Envelope ID: D7E89A7A-576D-4303-B1C0-8ACFA76A9E40 City Council 33 – 14 6/21/2022
Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 12 of 23
Content, in addition to those set forth in Tier 1 above, without the guaranteed deployment of a Privacy Preserving Technique to enable product development, improvement, and support that cannot be accomplished with aggregated, transformed or de-identified data.
☐ Check this box if Agency wants to help further improve Axon’s services by participating in ACEIP Tier 2 in addition to Tier 1. Axon will not enroll Agency into ACEIP Tier 2 until Axon and Agency agree to terms in writing providing for such participation in ACEIP Tier 2.
DocuSign Envelope ID: D7E89A7A-576D-4303-B1C0-8ACFA76A9E40 City Council 33 – 15 6/21/2022
Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 13 of 23
Professional Services Appendix
If any of the Professional Services specified below are included on the Quote, this Appendix applies.
1. Utilization of Services. Agency must use professional services as outlined in the Quote and this Appendix within six (6) months of the Effective Date.
2. Axon Full Service (Axon Full Service). Axon Full Service includes advance remote project planning and configuration support and up to four (4) consecutive days of on-site service and a professional services manager to work with Agency to assess Agency’s deployment and determine which on-site services are appropriate. If Agency requires more than 4 consecutive on-site days, Agency must purchase additional days. Axon Full Service options include:
System set up and configuration
Instructor-led setup of Axon View on smartphones (if applicable) Configure categories and custom roles based on Agency need Register cameras to Agency domain
Troubleshoot IT issues with Axon Evidence and Axon Dock (“Dock”) access One on-site session included
Dock configuration
Work with Agency to decide the ideal location of Docks and set configurations on Dock Authenticate Dock with Axon Evidence using admin credentials from Agency On-site assistance, not to include physical mounting of docks Best practice implementation planning session
Provide considerations for the establishment of video policy and system operations best practices based on Axon’s observations with other agencies
Discuss the importance of entering metadata in the field for organization purposes and other best practice for digital data management
Provide referrals of other agencies using the Axon camera devices and Axon Evidence Recommend rollout plan based on review of shift schedules System Admin and troubleshooting training sessions
Step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon instructor training (Train the Trainer)
Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training needs after Axon has fulfilled its contractual on-site obligations Evidence sharing training
Tailored workflow instruction for Investigative Units on sharing Cases and Evidence with local prosecuting agencies
End user go-live training and support sessions
Assistance with device set up and configuration
Training on device use, Axon Evidence, and Evidence Sync Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide
Post go-live review
3. Body-Worn Camera Starter Service (Axon Starter). Axon Starter includes advance remote project planning and configuration support and one day of on-site Services and a professional services manager to work closely with Agency to assess Agency’s deployment and determine which Services are appropriate. If Agency requires more than one (1) day of on-site Services, Agency must purchase additional on-site Services. The Axon Starter options include:
System set up and configuration (Remote Support)
Instructor-led setup of Axon View on smartphones (if applicable) Configure categories & custom roles based on Agency need DocuSign Envelope ID: D7E89A7A-576D-4303-B1C0-8ACFA76A9E40 City Council 33 – 16 6/21/2022
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Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 14 of 23
Troubleshoot IT issues with Axon Evidence and Axon Dock (“Dock”) access Dock configuration
Work with Agency to decide the ideal location of Dock setup and set configurations on Dock Authenticate Dock with Axon Evidence using “Administrator” credentials from Agency Does not include physical mounting of docks
Axon instructor training (Train the Trainer)
Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations End user go-live training and support sessions
Assistance with device set up and configuration
Training on device use, Axon Evidence, and Evidence Sync Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide
4. Body-Worn Camera Virtual 1-Day Service (Axon Virtual). Axon Virtual includes all items in the BWC Starter Service Package, except one day of on-site services.
5. CEW Services Packages. CEW Services Packages are detailed below:
System set up and configuration
Configure Axon Evidence categories & custom roles based on Agency need. Troubleshoot IT issues with Axon Evidence.
Register users and assign roles in Axon Evidence.
For the CEW Full Service Package: On-site assistance included For the CEW Starter Package: Virtual assistance included Dedicated Project Manager
Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager). Ideally, Project Manager will be assigned to Agency 4–6 weeks before rollout Best practice implementation planning session to include:
Provide considerations for the establishment of CEW policy and system operations best practices based on Axon’s observations with other agencies
Discuss the importance of entering metadata and best practices for digital data management Provide referrals to other agencies using TASER CEWs and Axon Evidence For the CEW Full Service Package: On-site assistance included For the CEW Starter Package: Virtual assistance included System Admin and troubleshooting training sessions
On-site sessions providing a step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon Evidence Instructor training
Provide training on the Axon Evidence to educate instructors who can support Agency’s subsequent Axon Evidence training needs.
For the CEW Full Service Package: Training for up to 3 individuals at Agency For the CEW Starter Package: Training for up to 1 individual at Agency TASER CEW inspection and device assignment
Axon’s on-site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence.
Post go-live review
For the CEW Full Service Package: On-site assistance included.
For the CEW Starter Package: Virtual assistance included.
6. Smart Weapon Transition Service. The Smart Weapon Transition Service includes:
Archival of CEW Firing Logs
Axon’s on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Smart Weapons that Agency is replacing with newer Smart Weapon models.
DocuSign Envelope ID: D7E89A7A-576D-4303-B1C0-8ACFA76A9E40 City Council 33 – 17 6/21/2022
Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 15 of 23
Return of Old Weapons
Axon’s on-site professional service team will ship all old weapons back to Axon’s headquarters.
Axon will provide Agency with a Certificate of Destruction *Note: CEW Full Service packages for TASER 7 include Smart Weapon Transition Service instead of 1-Day Device Specific Instructor Course.
7. Signal Sidearm Installation Service. If Agency purchases Signal Sidearm Installation Service, Axon will provide one (1) day of on-site Services and one (1) professional services manager and will cover the installation of up 100 Signal Sidearm devices per package purchased. Agency is responsible for providing an appropriate work area and ensuring all holsters that will have Signal Sidearm installed onto them are available on the agreedupon installation date(s). Installation includes:
Removal of existing connection screws that affix a holster to a holster mount Proper placement of the Signal Sidearm Mounting Plate between the holster and the mount Reattachment of the holster to the mount using appropriate screws Functional testing of Signal Sidearm device
8. Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote and this Appendix. The Parties must document scope changes, consistent with and in furtherance of the services detailed in this Agreement and Exhibit A, in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. The SOW is incorporated into this Agreement by reference. Revisions to the Scope of Work or services detailed in Exhibit A, which were not contemplated by this Agreement, and any increase to the total costs detailed in Exhibit A, are subject to amendment which will require approval by the City Council for the City of Santa Ana.
9. Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays.
Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Agency travel time by Axon personnel to Agency premises as work hours.
10. Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant Agency computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Agency.
Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency.
11. Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Axon Devices (“User Documentation”). User Documentation will include all required environmental specifications for the professional Services and Axon Devices to operate per the Axon Device User Documentation. Before installation of Axon Devices (whether performed by Agency or Axon), Agency must prepare the location(s) where Axon Devices are to be installed (“Installation Site”) per the environmental specifications in the Axon Device User Documentation. Following installation, Agency must maintain the Installation Site per the environmental specifications. If Axon modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will provide the update to Agency when Axon generally releases it
12. Acceptance. When Axon completes professional Services, Axon will present an acceptance form (“Acceptance Form”) to Agency. Agency will sign the Acceptance Form acknowledging completion. If Agency reasonably believes Axon did not complete the professional Services in substantial conformance with this Agreement, Agency must notify Axon in writing of the specific reasons for rejection within seven (7) calendar days from delivery of the Acceptance Form. Axon will address the issues and re-present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within 7 calendar days of delivery of the Acceptance Form, Axon will deem Agency to have accepted the professional Services.
13. Agency Network. For work performed by Axon transiting or making use of Agency’s network, Agency is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Agency’s network from any cause.
DocuSign Envelope ID: D7E89A7A-576D-4303-B1C0-8ACFA76A9E40 City Council 33 – 18 6/21/2022
Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 16 of 23
Technology Assurance Plan Appendix
If Technology Assurance Plan (“TAP”) or a bundle including TAP is on the Quote, this appendix applies.
1. TAP Warranty. The TAP warranty is an extended warranty that starts at the end of the 1-year hardware limited warranty.
2. Officer Safety Plan. If Agency purchases an Officer Safety Plan (“OSP”), Agency will receive the deliverables detailed in the Quote. Agency must accept delivery of the TASER CEW and accessories as soon as available from Axon.
3. OSP 7 Term. OSP 7 begins on the date specified in the Quote (“OSP 7 Term”).
4. TAP BWC Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will provide Agency a new Axon body-worn camera (“BWC Upgrade”) as scheduled in the Quote. If Agency purchased TAP Axon will provide a BWC Upgrade that is the same or like Axon Device, at Axon’s option. Axon makes no guarantee the BWC Upgrade will utilize the same accessories or Axon Dock.
5. TAP Dock Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will provide Agency a new Axon Dock as scheduled in the Quote (“Dock Upgrade”). Accessories associated with any Dock Upgrades are subject to change at Axon discretion. Dock Upgrades will only include a new Axon Dock bay configuration unless a new Axon Dock core is required for BWC compatibility. If Agency originally purchased a single-bay Axon Dock, the Dock Upgrade will be a single-bay Axon Dock model that is the same or like Axon Device, at Axon’s option. If Agency originally purchased a multi-bay Axon Dock, the Dock Upgrade will be a multi-bay Axon Dock that is the same or like Axon Device, at Axon’s option.
6. Upgrade Delay. Axon may ship the BWC and Dock Upgrades as scheduled in the Quote without prior confirmation from Agency unless the Parties agree in writing otherwise at least ninety (90) days in advance. Axon may ship the final BWC and Dock Upgrade as scheduled in the Quote sixty (60) days before the end of the Subscription Term without prior confirmation from Agency.
7. Upgrade Change. If Agency wants to change Axon Device models for the offered BWC or Dock Upgrade, Agency must pay the price difference between the MSRP for the offered BWC or Dock Upgrade and the MSRP for the model desired. If the model Agency desires has an MSRP less than the MSRP of the offered BWC Upgrade or Dock Upgrade, Axon will not provide a refund. The MSRP is the MSRP in effect at the time of the upgrade.
8. Return of Original Axon Device. Within thirty (30) days of receiving a BWC or Dock Upgrade, Agency must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon including serial numbers for the destroyed Axon Devices. If Agency does not return or destroy the Axon Devices, Axon will deactivate the serial numbers for the Axon Devices received by Agency.
9. Termination. If Agency’s payment for TAP, OSP, or Axon Evidence is more than thirty (30) days past due, Axon may terminate TAP or OSP. Once TAP or OSP terminates for any reason:
9.1. TAP and OSP coverage terminate as of the date of termination and no refunds will be given.
9.2. Axon will not and has no obligation to provide the Upgrade Models.
9.3. Agency must make any missed payments due to the termination before Agency may purchase any future TAP or OSP.
DocuSign Envelope ID: D7E89A7A-576D-4303-B1C0-8ACFA76A9E40 City Council 33 – 19 6/21/2022
Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 17 of 23
Axon Auto-Tagging Appendix
If Auto-Tagging is included on the Quote, this Appendix applies.
1. Scope. Axon Auto-Tagging consists of the development of a module to allow Axon Evidence to interact with Agency’s Computer-Aided Dispatch (“CAD”) or Records Management Systems (“RMS”). This allows end users to autopopulate Axon video meta-data with a case ID, category, and location-based on data maintained in Agency’s CAD or RMS.
2. Support. For thirty (30) days after completing Auto-Tagging Services, Axon will provide up to five (5) hours of remote support at no additional charge. Axon will provide free support due to a change in Axon Evidence, so long as long as Agency maintains an Axon Evidence and Auto-Tagging subscription. Axon will not provide support if a change is required because Agency changes its CAD or RMS.
3. Changes. Axon is only responsible to perform the Services in this Appendix. Any additional Services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule.
4. Agency Responsibilities. Axon’s performance of Auto-Tagging Services requires Agency to:
4.1. Make available relevant systems, including Agency’s current CAD or RMS, for assessment by Axon (including remote access if possible);
4.2. Make required modifications, upgrades or alterations to Agency’s hardware, facilities, systems and networks related to Axon’s performance of Auto-Tagging Services;
4.3. Provide access to the premises where Axon is performing Auto-Tagging Services, subject to Agency safety and security restrictions, and allow Axon to enter and exit the premises with laptops and materials needed to perform Auto-Tagging Services;
4.4. Provide all infrastructure and software information (TCP/IP addresses, node names, network configuration) necessary for Axon to provide Auto-Tagging Services;
4.5. Promptly install and implement any software updates provided by Axon;
4.6. Ensure that all appropriate data backups are performed;
4.7. Provide assistance, participation, and approvals in testing Auto-Tagging Services;
4.8. Provide Axon with remote access to Agency’s Axon Evidence account when required;
4.9. Notify Axon of any network or machine maintenance that may impact the performance of the module at Agency; and
4.10. Ensure reasonable availability of knowledgeable staff and personnel to provide timely, accurate, complete, and up-to-date documentation and information to Axon.
5. Access to Systems. Agency authorizes Axon to access Agency’s relevant computers, network systems, and CAD or RMS solely for performing Auto-Tagging Services. Axon will work diligently to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial list to Agency.
Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency.
DocuSign Envelope ID: D7E89A7A-576D-4303-B1C0-8ACFA76A9E40 City Council 33 – 20 6/21/2022
Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 18 of 23
Axon Respond Appendix
This Axon Respond Appendix applies to both Axon Respond and Axon Respond Plus, if either is included on the Quote.
1. Axon Respond Subscription Term. If Agency purchases Axon Respond as part of a bundled offering, the Axon Respond subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Respond to Agency. If Agency purchases Axon Respond as a standalone, the Axon Respond subscription begins the later of the (1) date Axon provisions Axon Respond to Agency, or (2) first day of the month following the Effective Date. The Axon Respond subscription term will end upon the completion of the Axon Evidence Subscription associated with Axon Respond.
2. Scope of Axon Respond. The scope of Axon Respond is to assist Agency with real-time situational awareness during critical incidents to improve officer safety, effectiveness, and awareness. In the event Agency uses Axon Respond outside this scope, Axon may initiate good-faith discussions with Agency on upgrading Agency’s Axon Respond to better meet Agency’s needs.
3. Axon Body 3 LTE Requirements. Axon Respond is only available and usable with an LTE enabled body-worn camera. Axon is not liable if Agency utilizes the LTE device outside of the coverage area or if the LTE carrier is unavailable. LTE coverage is only available in the United States, including any U.S. territories. Axon may utilize a carrier of Axon’s choice to provide LTE service. Axon may change LTE carriers during the Term without Agency’s consent.
4. Axon Fleet 3 LTE Requirements. Axon Respond is only available and usable with a Fleet 3 system configured with LTE modem and service. Agency is responsible for providing LTE service for the modem. Coverage and availability of LTE service is subject to Agency’s LTE carrier.
5. Axon Respond Service Limitations. Agency acknowledges that LTE service is made available only within the operating range of the networks. Service may be temporarily refused, interrupted, or limited because of: (a) facilities limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage in a service area and other causes reasonably outside of the carrier’s control such as intentional or negligent acts of third parties that damage or impair the network or disrupt service; or (c) equipment modifications, upgrades, relocations, repairs, and other similar activities necessary for the proper or improved operation of service.
5.1. With regard to Axon Body 3, Partner networks are made available as-is and the carrier makes no warranties or representations as to the availability or quality of roaming service provided by carrier partners, and the carrier will not be liable in any capacity for any errors, outages, or failures of carrier partner networks. Agency expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and Agency is not a third-party beneficiary of any agreement between Axon and the underlying carrier.
6. Termination. Upon termination of this Agreement, or if Agency stops paying for Axon Respond or bundles that include Axon Respond, Axon will end Axon Respond services, including any Axon-provided LTE service.
DocuSign Envelope ID: D7E89A7A-576D-4303-B1C0-8ACFA76A9E40 City Council 33 – 21 6/21/2022
Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 19 of 23
Add-on Services Appendix
This Appendix applies if Axon Citizen for Communities, Axon Redaction Assistant, and/or Axon Performance are included on the Quote.
1. Subscription Term. If Agency purchases Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance as part of OSP 7, the subscription begins on the later of the (1) start date of the OSP 7 Term, or (2) date Axon provisions Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance to Agency.
1.1. If Agency purchases Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance as a standalone, the subscription begins the later of the (1) date Axon provisions Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance to Agency, or (2) first day of the month following the Effective Date.
1.2. The subscription term will end upon the completion of the Axon Evidence Subscription associated with the addon.
2. Axon Citizen Storage. For Axon Citizen, Agency may store an unlimited amount of data submitted through the public portal (“Portal Content”), within Agency’s Axon Evidence instance. The post-termination provisions outlined in the Axon Cloud Services Terms of Use Appendix also apply to Portal Content.
3. Performance Auto-Tagging Data. In order to provide some features of Axon Performance to Agency, Axon will need to store call for service data from Agency’s CAD or RMS.
DocuSign Envelope ID: D7E89A7A-576D-4303-B1C0-8ACFA76A9E40 City Council 33 – 22 6/21/2022
Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 20 of 23
Axon Auto-Transcribe Appendix
This Appendix applies if Axon Auto-Transcribe is included on the Quote.
1. Subscription Term. If Agency purchases Axon Auto-Transcribe as part of a bundle or Axon Cloud Services subscription, the subscription begins on the later of the (1) start date of the bundle or Axon Cloud Services license term, or (2) date Axon provisions Axon Auto-Transcribe to Agency. If Agency purchases Axon AutoTranscribe minutes as a standalone, the subscription begins on the date Axon provisions Axon Auto-Transcribe to Agency.
1.1. If Agency cancels Auto-Transcribe services, any amounts owed by the Parties will be based on the amount of time passed under the annual subscription, rather than on the number of minutes used, regardless of usage.
2. Auto-Transcribe A-La-Carte Minutes. Upon Axon granting Agency a set number of minutes, Agency may utilize Axon Auto-Transcribe, subject to the number of minutes allowed on the Quote. Agency will not have the ability to roll over unused minutes to future Auto-Transcribe terms. Axon may charge Agency additional fees for exceeding the number of purchased minutes. Axon Auto-Transcribe minutes expire one year after being provisioned to Agency by Axon.
3. Axon Unlimited Transcribe. Upon Axon granting Agency an Unlimited Transcribe subscription to Axon AutoTranscribe, Agency may utilize Axon Auto-Transcribe with no limit on the number of minutes. Unlimited Transcribe includes automatic transcription of all Axon BWC and Axon Capture footage. With regard to Axon Interview Room, Axon Fleet, Axon Citizen, or third-party transcription, transcription must be requested on demand. Notwithstanding the foregoing, Axon may limit usage after 5,000 minutes per user per month for multiple months in a row. Axon will not bill for overages.
4. Warranty. Axon disclaims all warranties, express or implied, for Axon Auto-Transcribe.
DocuSign Envelope ID: D7E89A7A-576D-4303-B1C0-8ACFA76A9E40 City Council 33 – 23 6/21/2022
Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 21 of 23
Axon Virtual Reality Content Terms of Use Appendix
If Virtual Reality is included on the Quote, this Appendix applies.
1. Term. The Quote will detail the products and license duration, as applicable, of the goods, services, and software, and contents thereof, provided by Axon to Agency related to virtual reality (collectively, “Virtual Reality Media”).
2. Headsets. Agency may purchase additional virtual reality headsets from Axon. In the event Agency decides to purchase additional virtual reality headsets for use with Virtual Reality Media, Agency must purchase those headsets from Axon.
3. License Restrictions. All licenses will immediately terminate if Agency does not comply with any term of this Agreement. If Agency utilizes more users than stated in this Agreement, Agency must purchase additional Virtual Reality Media licenses from Axon. Agency may not use Virtual Reality Media for any purpose other than as expressly permitted by this Agreement. Agency may not:
3.1. modify, tamper with, repair, or otherwise create derivative works of Virtual Reality Media;
3.2. reverse engineer, disassemble, or decompile Virtual Reality Media or apply any process to derive the source code of Virtual Reality Media, or allow others to do the same;
3.3. copy Virtual Reality Media in whole or part, except as expressly permitted in this Agreement;
3.4. use trade secret information contained in Virtual Reality Media;
3.5. resell, rent, loan or sublicense Virtual Reality Media;
3.6. access Virtual Reality Media to build a competitive device or service or copy any features, functions, or graphics of Virtual Reality Media; or
3.7. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Virtual Reality Media or any copies of Virtual Reality Media.
4. Privacy. Agency’s use of the Virtual Reality Media is subject to the Axon Virtual Reality Privacy Policy, a current version of which is available at https://www.axon.com/legal/axon-virtual-reality-privacy-policy.
5. Termination. Axon may terminate Agency’s license immediately for Agency’s failure to comply with any of the terms in this Agreement.
DocuSign Envelope ID: D7E89A7A-576D-4303-B1C0-8ACFA76A9E40 City Council 33 – 24 6/21/2022
Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 22 of 23
Axon Channel Services Appendix
This Appendix applies if Agency purchases Axon Channel Service, as set forth on the Quote.
1. Definitions.
1.1. “Axon Digital Evidence Management System” means Axon Evidence or Axon Commander, as specified in the attached Channel Services Statement of Work.
1.2. “Active Channel” means a third-party system that is continuously communicating with an Axon Digital Evidence Management System.
1.3. “Inactive Channel” means a third-party system that will have a one-time communication to an Axon Digital Evidence Management System.
2. Scope. Agency currently has a third-party system or data repository from which Agency desires to share data with Axon Digital Evidence Management. Axon will facilitate the transfer of Agency’s third-party data into an Axon Digital Evidence Management System or the transfer of Agency data out of an Axon Digital Evidence Management System as defined in the Channel Services Statement of Work (“Channel Services SOW”). Channel Services will not delete any Agency Content. Agency is responsible for verifying all necessary data is migrated correctly and retained per Agency policy.
3. Purpose and Use. Agency is responsible for verifying Agency has the right to share data from and provide access to third-party system as it relates to the Services described in this Appendix and the Channel Services SOW. For Active Channels, Agency is responsible for any changes to a third-party system that may affect the functionality of the channel service. Any additional work required for the continuation of the Service may require additional fees. An Axon Field Engineer may require access to Agency’s network and systems to perform the Services described in the Channel Services SOW. Agency is responsible for facilitating this access per all laws and policies applicable to Agency.
4. Project Management. Axon will assign a Project Manager to work closely with Agency’s project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and budget.
5. Warranty. Axon warrants that it will perform the Channel Services in a good and workmanlike manner.
6. Monitoring. Axon may monitor Agency’s use of Channel Services to ensure quality, improve Axon devices and services, prepare invoices based on the total amount of data migrated, and verify compliance with this Agreement.
Agency agrees not to interfere with such monitoring or obscure from Axon Agency’s use of channel services.
7. Agency’s Responsibilities. Axon’s successful performance of the Channel Services requires Agency:
7.1. Make available its relevant systems for assessment by Axon (including making these systems available to Axon via remote access);
7.2. Provide access to the building facilities and where Axon is to perform the Channel Services, subject to safety and security restrictions imposed by the Agency (including providing security passes or other necessary documentation to Axon representatives performing the Channel Services permitting them to enter and exit Agency premises with laptop personal computers and any other materials needed to perform the Channel Services);
7.3. Provide all necessary infrastructure and software information (TCP/IP addresses, node names, and network configuration) for Axon to provide the Channel Services;
7.4. Ensure all appropriate data backups are performed;
7.5. Provide Axon with remote access to the Agency’s network and third-party systems when required for Axon to perform the Channel Services;
7.6. Notify Axon of any network or machine maintenance that may impact the performance of the Channel Services; and
7.7. Ensure the reasonable availability by phone or email of knowledgeable staff, personnel, system administrators, and operators to provide timely, accurate, complete, and up-to-date documentation and information to Axon DocuSign Envelope ID: D7E89A7A-576D-4303-B1C0-8ACFA76A9E40 City Council 33 – 25 6/21/2022
Master Services and Purchasing Agreement for Agency
Title: Master Services and Purchasing Agreement for Agency Department: Legal
Version: 14.0
Release Date: 3/10/2022 Page 23 of 23
(these contacts are to provide background information and clarification of information required to perform the Channel Services).
DocuSign Envelope ID: D7E89A7A-576D-4303-B1C0-8ACFA76A9E40 City Council 33 – 26 6/21/2022