City of St. Helena
City Council Meeting
Tuesday, February 27, 2024
465 Main Street, St. Helena
*CLOSED SESSION IS CANCELLED
5:00PM Special Closed Session Meeting
Vintage Hall Wellness Center - First Floor
5:30PM Special City Council Meeting
(Applicant Interviews)
Vintage Hall Board Room
6:00PM Regular Open Session
Vintage Hall Board Room
PLEASE NOTE: Any person who wishes to speak regarding an item on the agenda or make a comment under the "Oral Communication" portion of the agenda may do so, but please observe the time limit of four minutes. The Mayor may reduce the four minute time limit for all speakers in circumstances where a large number of citizens intend to make public comment.
Public comment for meetings will be accepted via email to [email protected]. All public comments must be received three hours prior to the meeting. All other public comments received after the deadline will be attached to the item the next business day or soon thereafter. Public comments will not be read out loud but will be publicly available and attached to the on-line agenda.
The schedule of upcoming meetings and published meeting agendas can be found on the City of St. Helena website at https://sthelena.civicweb.net/portal/.
Page
1. *CANCELLED* 5:00PM SPECIAL CLOSED SESSION MEETING
1.1. Conference with Legal Counsel: Liability Claim (Gov’t Code sec. 54956.9)
Claimant: Thompson Builders Corp.
Agency claimed against: City of St. Helena
1. 5:30PM SPECIAL CITY COUNCIL MEETING
1.1. Library Board of Trustees Applicant interviews:
1. John Heflebower
2. Donald Loveless
1. 6:00PM REGULAR MEETING OF THE ST. HELENA CITY COUNCIL
2. CALL TO ORDER
3. ROLL CALL
Mayor: Paul Dohring, Vice Mayor Eric Hall:, City Council Members: Anna
Chouteau, Billy Summers
4. PLEDGE OF ALLEGIANCE
5. ADOPTION OF THE AGENDA
6. APPROVAL OF THE MINUTES
Estimated start time: 6:05 p.m.
6.1. Consideration and proposed approval of Regular Meeting Minutes of February 13, 2024
02-13-2024 Regular City Council - Minutes
9 - 16
7. PUBLIC FORUM:
Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Forum. Each person’s comments shall be limited to 4 minutes. Each person is entitled to speak on any non-agendized item only once at any meeting. Brief questions by Council Members for clarifications may be posed and answered, and Council Members may make requests that items be placed on future agendas, but in accordance with state law, no substantive discussion or action may take place unless and until the matter properly appears on the agenda.
Estimated start time: 6:10 p.m.
7.1. Public Comment.Lana Ivanoff 17
8. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, AND AB 1234 REPORTS:
Reports by staff and/or Council Members on items of general interest. Brief questions for clarification may be posed and answered, and Council Members may request that items be placed on a future agenda. Except under certain circumstances, the Brown Act prohibits any other discussion or action by the City Council.
Estimated start time: 6:15 p.m.
9. PRESENTATIONS AND PUBLIC RECOGNITIONS
9.1. Boys and Girls Club Update by Lana Tillotson, Lead Unit Director St.
Helena Clubhouse, Boys & Girls Clubs of St. Helena and Calistoga Estimated start time: 6:25 p.m.
9.2. Recognizing former Council Member Lester Hardy for his contributions, hard work and commitment to our community.
Estimated start time: 6:35 p.m.
10. STAFF BRIEFING
10.1. Red Flag Gun Law Firearm Safety Presentation
Estimated start time: 7:00 p.m.
19 - 37
CEQA Determination: Not a CEQA project
Prepared By: Chris Hartley, Chief of Police
Recommendation:
Receive and file.
Staff Report - Pdf
11. CONSENT ITEMS
Members of the Council or the public (present at the meeting) may ask that any items be considered individually for purposes of considering alternative action, for extended discussion, or for public comment. Unless that is done, one motion may be used to adopt all recommended actions. (Roll Call Vote) Estimated start time: 7:10 p.m.
11.1. Consideration and approval of a resolution: (1) Approving a five-year Contract between the City of St. Helena and Motorola Solutions to provide Body Worn Camera Services and Equipment to the Police Department for a five-year contract not-to-exceed $70,860 for services and upfront cost for hardware, accessories and implementation; and (2) Authorizing a budget increase of $34,000.
CEQA Determination: Exempt
Prepared By: Justin Tharp, Lieutenant
Recommendation:
Approve the attached resolution.
Staff Report - Pdf
39 - 109
11.2. Consideration and Proposed Approval of a Resolution Authorizing a Lease Agreement Assignment and Estoppel by and between Pacific Union College and the City of St. Helena (Lessor), Gallo Vineyards, Inc. (Lessee) and Precision Vineyards LLC.
CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Assistant City Manager
Recommendation:
Staff recommends approval of the attached resolution.
Staff Report - Pdf
111 - 140
11.3. January 2024 Review and Forecasting of City Water Supply Availability.
CEQA Determination: Not a CEQA project
Prepared By: Ian Dale, Environmental Services Tech
Recommendation:
Receive and file.
Staff Report - Pdf
141 - 146
11.4. Consideration and Adoption of a Resolution awarding a Professional Services Agreement with Dyett and Bhatia Planning Consultants for preparation of the City's Downtown Specific Plan in an Amount Not-toExceed $500,000 and authorizing the City Manager to execute the agreement.
147 - 255
CEQA Determination: Not a CEQA project
Prepared By: Maya DeRosa, Community Development Director Recommendation:
Staff is recommending the City Council approve a resolution awarding a Professional Services Agreement with Dyett and Bhatia Planning Consultants for preparation of a Downtown Specific Plan in an Amount Not To Exceed $500,000 and authorizing the City Manager to execute the agreement.
Staff Report - Pdf
11.5. Consideration and proposed approval of a resolution approving (1) a temporary closure of Adams Street from Friday, May 17, 2024, at 6:00 p.m. to Sunday, May 19, 2024, at 6:00 p.m.; and (2) authorizing possession of open alcoholic beverages on this public street for the Neighborhood Community Table Event scheduled for Saturday, May 18, 2024, from approximately 5:00 p.m. to 9:00 p.m.
CEQA Determination: Categorically Exempt, Section 15323 Prepared By: Rebecca White, Administrative Assistant
Recommendation:
Staff recommends approval of the attached resolution.
Staff Report - Pdf
257 - 269
11.6. Consideration of approval of a Resolution (1) authorizing the City Manager to execute a funds transfer agreement to accept funds for the Pedestrian Safety Improvements for the Spring
Street/Highway 29 Intersection Project, a Priority Legislative Budget Project as granted in Assembly Bill 102, (2) authorizing staff to create a Capital Improvement Project and establish a budget of $500,000 upon receipt of the funds.
CEQA Determination: Exempt
Prepared By: Mario Traverso, Project Manager
Recommendation:
Approve the Resolution
Staff Report - Pdf
271 - 281
11.7. Proposed approval of a resolution authorizing:
(1) Duly adopting and approving publicly available pay schedule for St.
Helena Employees Association (SHEA) Classifications in accordance with the requirement of California Code of Regulations, Title 2, Section 570.5, which includes new salary ranges for the Underground Utilities Classifications effective March 1, 2024; and (2) Approving a budget adjustment in the amount of $8,785 for salary adjustments; and(3) Approve an Amendment to the Memorandum of Understanding between the City of St. Helena and SHEA dated July 1, 2022 through June 30, 2025.
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director 283 - 293
Recommendation:
Approve the attached resolution.
Staff Report - Pdf
11.8. Approval of a resolution establishing an on-call list for tree maintenance services and authorizing execution of three agreements: (1) West Coast Arborist for a not-to-exceed amount of $127,500 (2) Mountain F Enterprises, Inc for a Not-To-Exceed amount of $56,250 and (3) Skyview Tree Experts for a Not-To-Exceed amount of $56,250, each for a 3-year period.
CEQA Determination: Not a CEQA project
Prepared By: Lesley Milton, Asst. to the City Manager
Recommendation:
Approve agreements for on-call tree maintenance services with West Coast Arborist, Skyview Tree Experts and Mountain F. Enterprises, Inc.
Staff Report - Pdf
295 - 352
11.9. Authorization to enter into a lease-purchase agreement with Enterprise Fleet Management to lease and purchase ten (10) new operations vehicles for the Public Works and Fire departments for a not to exceed cost of $516,166.95 which includes a 15% contingency for supply variations and authorization to lease comparable vehicles should the proposed vehicles not be available.
CEQA Determination: Exempt
Prepared By: Clayton Church, Public Works Operations Manager, Lesley Milton, Asst. to the City Manager
Recommendation:
Staff recommends authorizing the City Manager authority to purchase of 10 vehicles with the recommended replacements (listed in appendix A) based on SourceWell pricing and availability from Enterprise. City staff are dedicated to the Council’s goal of integrating alternative fuels into the City fleet and lowering the City’s carbon and environmental footprint.
Staff Report - Pdf
353 - 378
12. PUBLIC HEARINGS
None
13. OLD BUSINESS
13.1. Consideration and proposed approval of a resolution for the City Council appointment of an applicant to fill the vacancy created by the resignation of Council Member Lester Hardy, and direct the City Clerk to administer the Oath of Office to the New Council Member Estimated start time: 7:15 p.m.
CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:
Nominate an applicant for approval by the majority of Council. Direct 379 - 405
the City Clerk to administer the oath of office and the newly appointed Council Member will be seated at the dais.
Staff Report - Pdf
14. NEW BUSINESS
14.1. 2024 City Council Meeting Calendar
Estimated start time: 7:30 p.m.
CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:
Review the 2024 calendar and provide direction in regards to City Council meeting dates.
Staff Report - Pdf
407 - 408
14.2. Establishment of 2024 City Council assignments to various City and Napa County Committees, Boards, and Commissions.
Estimated start time: 7:35 p.m.
CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:
Attachment 1 provides a list of current intergovernmental appointments and vacancies (vacancies are highlighted in yellow). Attachment 2 provides a list of Ad Hoc appointments (vacancies are highlighted in yellow). Staff recommends City Council review and provide affirmation or recommended changes to appointments.
Staff Report - Pdf
409 - 413
14.3. Receive Information and Provide Direction to Staff Regarding Opinion Research for a Real Property Transfer Tax Structure for the November 2024 Ballot
Estimated start time: 7:50 p.m.
CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Assistant City Manager
Recommendation:
Provide direction on the structure of a Real Property Transfer Tax.
Staff Report - Pdf
Presentation
415 - 432
14.4. Consideration and proposed approval of a resolution for the City Council appointment of an applicant to fill the Library Board of Trustees vacancy created by the resignation of David Slaby
Estimated start time: 8:15 p.m.
CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
433 - 439
Recommendation:
Nominate an applicant for approval by the majority of Council.
Staff Report - Pdf
15. CITY COUNCIL REPORTS:
15.1. A. Association of Bay Area Governments (ABAG) - Executive Board B. Association of Bay Area Governments (ABAG) - General Assembly C. Napa Valley Tourism Corporation (Umbrella for Napa County) D. League of California Cities – North Bay Division
E. Napa County City Selection Committee
F. Napa County Flood Control and Water Conservation District G. Youth Opportunities Commission
H. Napa County Local Agency Formation Commission (LAFCO) I. Napa Valley Transportation Authority (NVTA)
J. Napa County Watershed Information Center & Conservancy (WICC) K. Upper Valley Waste Management Agency
L. Napa County Groundwater Sustainability Plan Advisory Committee M. Napa County Regional Climate Action Committee
N. Council Ad Hoc and Standing Committee Reports
16. ADJOURNMENT
The next Regular City Council meeting is scheduled for March 12, 2024, at 6:00 p.m.
This agenda was posted at City Hall, 1088 College Avenue, and at Vintage Hall, 465 Main Street, St. Helena, California on February 22, 2024.
Cindy Tzafopoulos, City Clerk
In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call the City Clerk’s Office (707) 967-2792. Notification 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
CHALLENGING DECISIONS OF CITY ENTITIES
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of St. Helena is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service in addition to filing.
If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of St. Helena, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA
Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this Agenda, after the posting of the Agenda, will be available for public review in the City Clerk’s Office located at 1088 College Avenue, St. Helena, California, during normal business hours and by appointment. In addition, such writings or documents will be made available on the City’s web site at https://sthelena.civicweb.net and will be available for public review at the respective meeting.
MINUTES
City of St. Helena
Regular City Council Meeting
Tuesday, February 13, 2024 @ 6:00 PM
Vintage Hall Board Room - Second Floor
465 Main Street, St. Helena
A complete video recording of this meeting, except for closed session, can be found at https://sthelena.civicweb.net/Portal/ or by calling the City Clerk at (707) 968-2742. The City Council video is the official record of the Council meeting.
Present: Vice Mayor Eric Hall, Council Member Anna Chouteau and Council Member Billy Summers
Absent: Mayor Paul Dohring
1. 4:30PM SPECIAL CLOSED SESSION:
2. CALL TO ORDER
3. CLOSED SESSION PUBLIC COMMENT
3.1. Conference with Labor Negotiators, pursuant to Government Code Section 54957.6
Agency Designated Representatives: City Manager
Employee Organization: Police Officers Association (POA), St. Helena Employees Association (SHEA)
3.2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Sec. 54956.9)
Name of case: St. Helena Citizens for a Sustainable Future, et al. v. City of St.
Helena et al. (Napa County Superior Court Case No. 23-CV-000938)
1. 6:00PM REGULAR MEETING OF THE ST. HELENA CITY COUNCIL
2. CALL TO ORDER
3. ROLL CALL
4. PLEDGE OF ALLEGIANCE
4. ADOPTION OF THE AGENDA
4.1 Council Member Anna Chouteau moved to adopt the agenda as presented.
The motion was seconded by Council Member Billy Summers and on roll call carried by the following vote:
AYES: Vice Mayor Eric Hall, Council Member Anna Chouteau and Council Agenda Item #6.1.
Regular City Council
February 13, 2024
Member Billy Summers
NOES: None
ABSENT: Mayor Paul Dohring
ABSTAIN: None
RECUSE: None
5. ADOPTION OF MINUTES
5.1. Consideration and proposed approval of Regular Meeting Minutes of January 23, 2024
Council Member Anna Chouteau moved to approve the minutes. The motion was seconded by Council Member Billy Summers and on roll call carried by the following vote:
AYES: Vice Mayor Eric Hall, Council Member Anna Chouteau and Council Member Billy Summers
NOES: None
ABSENT: Mayor Paul Dohring
ABSTAIN: None
RECUSE: None
6. PUBLIC FORUM:
Eric Hanson addressed the City Council.
7. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, and AB 1234 REPORTS:
City Attorney Ethan Walsh reported that there was no reportable action from the February 13, 2024 special City Council closed session meeting.
8. PRESENTATIONS AND PUBLIC RECOGNITIONS
None
9. STAFF BRIEFING
None
10. CONSENT ITEMS
Members of the Council or the public may ask that any items be considered individually for purposes of considering alternative action, for extended discussion, or for public comment. Unless that is done, one motion may be used to adopt all recommended actions. (Roll Call Vote)
Agenda Item #6.1.
Regular City Council
February 13, 2024
10.1. Quarterly Grant Report for FY 2024 Q2 for the reporting period ending December 31, 2023.
CEQA Determination: Not a CEQA project
Prepared By: Martin Beltran, Senior Management Analyst
Recommendation:
Receive and file report.
10.2. Consideration and Proposed Approval of a Resolution Confirming City Council's Intent for Use of Affordable Housing Trust Fund Monies for the Our Town St. Helena's Affordable Housing Project Located at 963 Pope Street.
CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Assistant City Manager
Recommendation:
Approve the attached Resolution.
10.3. Consideration and proposed adoption of a Resolution Amendment No. 4 to STH Contract: FY2023-002 in the amount of $55,000 to the Professional Services Agreement with Regional Government Services (RGS) for human resources assistance for a total amount not-to-exceed $221,200.
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:
Approve the attached resolution.
10.4. Consideration and proposed adoption of a resolution approving a Professional Services Agreement with Alsco Uniform Services Inc., for Citywide Uniform Services for a one-year contract period for a total not-to-exceed amount of $20,135.66 with up to four additional one-year extensions.
CEQA Determination: Exempt
Prepared By: Clayton Church, Public Works Operations Manager, Lesley Milton, Asst. to the City Manager
Recommendation:
Staff recommends City Council adopt the attached Resolution.
10.5. Waiver of second reading and proposed adoption of Ordinance amending Title 13 of the St. Helena Municipal Code to clarify ownership and maintenance responsibility of water laterals serving private property.
CEQA Determination: Exempt
Prepared By: Eric Janzen, Assistant Public Works Director Recommendation:
Waive second reading and adopt an Ordinance amending Title 13 of the St.
Helena Municipal Code to clarify ownership and maintenance responsibility of water laterals serving private property.
Agenda Item #6.1.
Regular City Council
February 13, 2024
10.6 Item 10.6 was pulled from consent.
Waiver of second reading and proposed adoption of an ordinance amending and restating Chapter 12.08 of the St. Helena Municipal Code to clarify maintenance responsibility of sidewalks and driveway approaches fronting private property.
10.7. Waiver of second reading and proposed adoption of an Ordinance amending Title 13 of the St. Helena Municipal Code to clarify ownership and maintenance responsibility of sewer laterals serving private property.
CEQA Determination: Not a CEQA project
Prepared By: Eric Janzen, Assistant Public Works Director Recommendation:
Waive second reading and adopt an Ordinance amending Title 13 of the St.
Helena Municipal Code to clarify ownership and maintenance responsibility of sewer laterals serving private property.
10.8. Consideration and proposed adoption of a Resolution authorizing a Professional Services Agreement with Peterson Mechanical for Heating, Ventilation, and Air Conditioning Maintenance Services for a Not-To-Exceed Contract Amount of $105,000.00 for a three-year contract term.
CEQA Determination: Not a CEQA project
Prepared By: Lesley Milton, Asst. to the City Manager
Recommendation:
Approve the Resolution.
10.9. Consideration and proposed adoption of a Resolution authorizing a Professional Services Agreement with JL Mechanical for maintenance services each for a 3-year period for a not-to-exceed contract value of $240,000 with the option of two possible one-year extensions.
CEQA Determination: Not a CEQA project
Prepared By: Lesley Milton, Asst. to the City Manager
Recommendation:
Approval of the Resolution.
10.10. Consideration and proposed adoption of a Resolution authorizing a 3-year Professional Services Agreement with C&D Power for a not-to-exceed contract amount of $210,000 for electrical generator maintenance, testing, and repair services.
CEQA Determination: Not a CEQA project
Prepared By: Lesley Milton, Asst. to the City Manager
Recommendation:
Approval of the Resolution.
10.11. Proposed approval of a resolution authorizing:
(1) The addition of one full-time equivalent position effective immediately for a Recreation Manager; and
Agenda Item #6.1.
Regular City Council
February 13, 2024
(2) Approving a budget adjustment in the amount of $59,120 for the salary adjustments; and
(3) Duly adopting and approving publicly available pay schedule for MidManagement Classifications in accordance with the requirement of California Code of Regulations, Title 2, Section 570.5, which includes a new salary schedule for the Recreation Manager Classification effective February 13, 2024; and
(4) Amendment #12 to the Unrepresented Compensation Program to include the Recreation Manager classification.
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:
Approve the attached resolution.
Council Member Anna Chouteau moved to approve items 10.1 through 10.5 and 10.7 through 10.11. The motion was seconded by Council Member Billy Summers and on roll call carried by the following vote:
AYES: Vice Mayor Eric Hall, Council Member Anna Chouteau and Council Member Billy Summers
NOES: None
ABSENT: Mayor Paul Dohring
ABSTAIN: None
RECUSE: None
10.6. Waiver of second reading and proposed adoption of an ordinance amending and restating Chapter 12.08 of the St. Helena Municipal Code to clarify maintenance responsibility of sidewalks and driveway approaches fronting private property.
CEQA Determination: Not a CEQA project
Prepared By: Eric Janzen, Assistant Public Works Director Recommendation:
Waive second reading and adoption the ordinance amending and restating Chapter 12.08 of the St. Helena Municipal Code to clarify maintenance responsibility of sidewalks and driveway approaches fronting private property.
Joe Leach reported on this item.
No public comment was received.
Council Member Anna Chouteau moved to approve 10.6. The motion was seconded by Council Member Billy Summers and on roll call carried by the following vote:
AYES: Vice Mayor Eric Hall, Council Member Anna Chouteau and Council Agenda Item #6.1.
Regular City Council
February 13, 2024
Member Billy Summers
NOES: None
ABSENT: Mayor Paul Dohring
ABSTAIN: None
RECUSE: None
11. PUBLIC HEARINGS
None
12. OLD BUSINESS
None
13. NEW BUSINESS
13.1. Consideration and direction whether the City desires to exercise its option to purchase an affordable housing unit at 1633 Voorhees Circle as provided in the Resale Restriction Agreement and Option to Purchase Agreement.
Estimated start time: 6:50 p.m.
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:
Discuss and provide direction to staff regarding the option or the Owner's attempt to sell.
Mandy Kellogg reported on this item.
No public comment was received.
Council Member Anna Chouteau moved to not purchase 1633 Voorhees Circle. The motion was seconded by Council Member Billy Summers and on roll call carried by the following vote:
AYES: Vice Mayor Eric Hall, Council Member Anna Chouteau and Council Member Billy Summers
NOES: None
ABSENT: Mayor Paul Dohring
ABSTAIN: None
RECUSE: None
13.2. Discuss and Make a Determination on the Water Penalty Appeal by Catherine Buck in the amount of $74,893.30.
Agenda Item #6.1.
Regular City Council
February 13, 2024
Estimated start time: 7:15 p.m.
CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Assistant City Manager
Recommendation:
Approve the Appeal.
April Mitts, Asst. City Manager reported on this item.
Cathy Buck addressed the City Council.
Council Member Anna Chouteau moved to approve the water penalty appeal.
The motion was seconded by Council Member Billy Summers and on roll call carried by the following vote:
AYES: Vice Mayor Eric Hall, Council Member Anna Chouteau and Council Member Billy Summers
NOES: None
ABSENT: Mayor Paul Dohring
ABSTAIN: None
RECUSE: None
14. CITY COUNCIL REPORTS:
14.1. A. Association of Bay Area Governments (ABAG) - Executive Board B. Association of Bay Area Governments (ABAG) - General Assembly C. Napa Valley Tourism Corporation (Umbrella for Napa County) D. League of California Cities – North Bay Division
E. Napa County City Selection Committee
F. Napa County Flood Control and Water Conservation District G. Youth Opportunities Commission
H. Napa County Local Agency Formation Commission (LAFCO) I. Napa Valley Transportation Authority (NVTA)
J. Napa County Watershed Information Center & Conservancy (WICC) Agenda Item #6.1.
Regular City Council
February 13, 2024
K. Upper Valley Waste Management Agency
L. Napa County Groundwater Sustainability Plan Advisory Committee M. Napa County Regional Climate Action Committee
N. Council Ad Hoc and Standing Committee Reports
15. ADJOURNMENT
Mayor Dohring adjourned the meeting at 6:45 p.m.
APPROVED:
______________________________
Paul Jamison Dohring, Mayor
ATTEST:
_________________________
Cindy Tzafopoulos, City Clerk
Agenda Item #6.1.
1 Cindy Tzafopoulos
From: lana ivanoff <[email protected]>
Sent: Tuesday, February 27, 2024 10:20 AM
To: Cindy Tzafopoulos
Subject: [External] Please forward……City Council Meeting 2/27/24 Council Members
Please…..NO MORE MONEY SPENT ON STUDIES AND CONSULTANT FEES!!!! We need to budget our money carefully, and closely, fix the City services that are broken, and worry about the “extras”, (the glitz and glamor), when we have the money in our pockets.
As a tax payer, and full time resident, I’m tired of footing the bill for needless studies and consultants. Use the educated, talented people who live here to help with evaluations, and opinions, on the needs of St Helena.
And City Employees driving the newest, and latest modeled cars and trucks is NOT a necessity at this time.
Please stop spending my money on “the extras”. Fix “our home” first.
Lana Ivanoff
707-963-7683
Agenda Item #7.1.
Agenda Report to the City Council
Agenda Section: STAFF BRIEFING
Department: Police
DATE: February 27, 2024
FROM: Chris Hartley, Chief of Police
SUBJECT: Red Flag Gun Law Firearm Safety Presentation
GOAL: Goal 4: Provide Effective Community Information & Opportunities for Engagement
RECOMMENDED
ACTION:
Receive and file.
PREVIOUS COUNCIL
ACTION:
FY 23/24 City Council Goals
STATEMENT OF THE
PURPOSE:
Provide City Council and the Community with information regarding California's Red Flag Gun Laws and remind
community of the Gun Safety Ordinance in an ongoing
effort to keep our community safe.
FINANCIAL IMPACT: None.
BACKGROUND:
In FY 23/34 City Council provided staff with several goals. Under Council Goals 4 and 5, the St. Helena Police Department was tasked by City Council to provide awareness of new firearm legislation to both City Council and the community. This presentation will serve as the starting point for the police departments public awareness firearms campaign.
DISCUSSION:
Red Flag Gun Law Presentation with Q & A.
ENVIRONMENTAL REVIEW: N/A
DOCUMENTS ATTACHMENTS:
Presentation
2024 01202024 GVRO LESSON PLAN
Agenda Item #10.1.
St. Helena Police
Red Flag Gun Laws
Agenda Item #10.1.
Topics:
What are California’s Red Flag Gun Laws?
What does a Gun Violence Restraining Order do?
Who can get one?
How are they obtained?
What happens after it’s filed?
How does the judge decide whether to grant one or not?
Who takes the firearms?
Can they get the firearms back?
Agenda Item #10.1.
“Red flag laws are a tool law enforcement and
others can use when somebody is clearly at
high risk of doing something with a firearm,
but they can't be arrested because no crime
has been committed and they don't appear to
need a mental health hold or qualify for
one,” Amy Barnhorst, M.D. Vice Chair of
Community Health at UC Davis Health
**A GVRO can be pursued even if there is an
arrest or 5150 commitment.
What is California’s Red Flag Law?
Agenda Item #10.1.
A “RED FLAG LAW” IS A TYPE OF GUN CONFISCATION
LAW. IT ALLOWS CERTAIN PEOPLE TO SEEK A GUN
VIOLENCE RESTRAINING ORDER (GVRO) TO REMOVE
FIREARMS OR ACCESS TO FIREARMS FROM:
A PERSON WHO IS DEEMED A THREAT TO THEMSELVES,
OR
A PERSON WHO IS DEEMED A THREAT TO SOMEONE
ELSE.
What is California’s Red Flag Law?
Agenda Item #10.1.
A GVRO TEMPORARILY PREVENTS POSSESSION OF A
FIREARM AND AMMUNITION BY SOMEONE WHO
(1) IS A THREAT TO THEMSELVES
OR
(2) IS A THREAT TO SOMEONE ELSE
What does a Gun Violence Restraining Order Do?
Agenda Item #10.1.
(1) Family members (spouse, domestic partner, parent, children, siblings, grandparents, grandchildren, Etc.) of the person named in the petition. (2) Current or recent household members of the person named in the petition. (3) Employers,
(4) Co-workers*
*co-workers can file a petition if:
They had substantial and regular interactions with the other person for at least one year, and they have obtained the approval of the employer to file the petition. (5) Teachers or School employees**
**teachers or school employees can file a petition if subject attended that school in the past 6 months AND :
• They are a teacher or employee of a secondary (including lower, middle, or high school) or post-secondary school,
• They get the approval of a school administrator or a school administration staff member, and that person has a supervisorial role.
Employers and school administrators should consider having policies in place that address gun violence retraining orders and the process for seeking them.
Who can get a Gun Violence Restraining Order?
Agenda Item #10.1.
(6) LAW ENFORCEMENT OFFICER
(7) AN INDIVIDUAL DATING THE SUBJECT
(8) AN INDIVIDUAL WHO HAS A CHILD IN COMMON WITH THE SUBJECT IF THEY HAD
SUBSTANTIAL AND REGULAR INTERACTIONS WITH THE OTHER PERSON FOR AT LEAST ONE YEAR Who can get a Gun Violence Restraining Order?
Agenda Item #10.1.
FORMS FOR A GVRO FROM THE CALIFORNIA COURT
SYSTEM ARE AVAILABLE AT:
(1)WWW.COURTS.CA.GOV
(2)BY CONTACTING YOUR LOCAL COURT OR LAW
ENFORCEMENT AGENCY
How does someone Obtain a Gun Violence
Restraining Order?
Agenda Item #10.1.
AFTER EPO IS ISSUED, JUDGE WILL SET A HEARING FOR
PERMANENT ORDER WITHIN 21 DAYS.
AFTER EX PARTE REQUEST/TEMPORARY ORDER IS
ISSUED, COURT WILL SET HEARING WITHIN 21 DAYS FOR
PERMANENT ORDER. AT THE HEARING FOR PERMANENT
ORDER, A JUDGE DECIDES WHETHER OR NOT TO GRANT OR
DENY THE REQUEST.
What happens after a request is filed?
Agenda Item #10.1.
THE JUDGE WILL LOOK AT EVIDENCE PRESENTED BY THE PERSON ASKING FOR THE GVRO, INCLUDING WHETHER THE RESPONDENT HAS:
(1) MADE THREATS OR ACTS OF VIOLENCE AGAINST SELF OR OTHERS WITHIN THE PAST 6 MONTHS. (2) EXHIBITED ANY PATTERN OF VIOLENT ACTS OR THREATS WITHIN THE PAST 12 MONTHS. (3) VIOLATED DOMESTIC VIOLENCE PROTECTIVE ORDERS.
(4) BEEN PREVIOUSLY CONVICTED FOR ANY CRIME PROHIBITING THE PURCHASE AND POSSESSION OF FIREARMS (5) THE JUDGE MAY ALSO LOOK AT ANY OTHER EVIDENCE TO SEE IF THERE’S AN INCREASED RISK FOR VIOLENCE, SUCH AS:
a) THE PREVIOUS HISTORY OF ATTEMPTED OR THREATENED USE OF VIOLENCE OR PHYSICAL FORCE AGAINST OTHERS b) UNLAWFUL AND RECKLESS USE, DISPLAY OR BRANDISHING OF FIREARMS. c) A HISTORY OF VIOLATING AN EMERGENCY PROTECTIVE ORDER OR PROTECTIVE ORDER. d) A PRIOR ARREST FOR A FELONY OFFENSE
e) ONGOING ABUSE OF DRUGS OR ALCOHOL.
f) RECENT ACQUISITION OF WEAPONS.
g) RECENT ACQUISITION OF BODY ARMOR.
FOR A TEMPORARY GVRO, THE JUDGE DETERMINES IF THERE IS A SUBSTANTIAL LIKELIHOOD THAT THE RESPONDENT POSES A
SIGNIFICANT DANGER IN THE NEAR FUTURE OF CAUSING PERSONAL INJURY TO THEMSELVES OR ANOTHER BY POSSESSING A FIREARM AND NO LESS RESTRICTIVE MEANS ARE ADEQUATE.
FOR A PERMANENT GVRO, THE JUDGE LOOKS TO SEE IF THERE IS CLEAR AND CONVINCING EVIDENCE THAT THE RESPONDENT
POSES A SIGNIFICANT DANGER OF CAUSING PERSONAL INJURY TO THEMSELVES OR ANOTHER BY POSSESSING A FIREARM AND NO LESS RESTRICTIVE MEANS ARE ADEQUATE .
How does the Judge decide whether to grant the
GVRO?
Agenda Item #10.1.
IF A JUDGE GRANTS A RESTRAINING ORDER, HE/SHE CAN PROHIBIT A PERSON FROM THE FOLLOWING:
(1) HAVING A GUN HIS CUSTODY OR CONTROL.
(2) OWNING A GUN.
(3) PURCHASING A GUN.
(4) POSSESSING A GUN
(5) RECEIVING A FIREARM OR AMMUNITION.
(6) PURCHASING, POSSESSING, OR OWNING BODY ARMOR.
THE JUDGE CAN ISSUE A PERMANENT RESTRAINING ORDER TO LAST BETWEEN ONE AND FIVE YEARS.
How does the Judge decide whether to grant the
GVRO?
Agenda Item #10.1.
IF THE COURT ISSUES THE ORDER, LAW ENFORCEMENT MAY SERVE THE ORDER. THERE IS NO FEE FOR LAW ENFORCEMENT TO SERVE THE ORDER. WHEN OFFICERS SERVE THE ORDER, THEY ARE
REQUIRED TO ASK THE RESPONDENT TO RELINQUISH ANY
FIREARMS OR BODY ARMOR THEY OWN OR POSSESS. THE
RESPONDENT IS REQUIRED TO IMMEDIATELY RELINQUISH HIS OR HER WEAPONS OR BODY ARMOR TO THE OFFICER.
Who takes the firearm(s) away?
Agenda Item #10.1.
THE RESPONDENT CAN ASK THE COURT TO REMOVE THE
ORDER ONCE A YEAR. A JUDGE WILL REMOVE THE
ORDER IF HE/SHE BELIEVES THERE IS NO LONGER ANY
CONVINCING EVIDENCE THAT THE RESPONDENT IS A
THREAT. BUT AFTER A COURT HEARING, THE COURT CAN
EXTEND THE PROTECTION ORDER IF THE RESPONDENT
CONTINUES TO POSE A SIGNIFICANT DANGER.
CAL PENAL CODE SECTION 18170-18197
Can the Respondent get their firearms back?
Agenda Item #10.1.
Agenda Item #10.1.
Report to City Council
1 | P a g e
DATE: January 01, 2024
FROM: Sergeant Filippo Bianco
SUBJECT: Red Flag Gun Laws (Gun Violence Restraining
Orders) – (GVRO)
STATEMENT OF PURPOSE:
To explain red flag gun laws to the St Helena City Council and the general public.
TOPICS:
• Background of GVRO’
• What are GVRO’s.
• What does a GVRO do?
• Who can get a GVRO?
• How are GVRO’s obtained?
• How does a judge decide whether to grant a GVRO or not? • Who takes firearms?
• Can people get their firearms back?
• What types of GVRO’s are there?
• What are GVRO statutes?
Agenda Item #10.1.
2 | P a g e
BACKGROUND:
California’s GVRO law was established after the tragic 2014 shooting in Isla Vista, when friends and family had feared the shooter was dangerous before the shooting occurred, but law enforcement was unable to remove guns from his possession. In the wake of the shooting the 2014 GVRO bill was passed thanks to hard work from many stakeholders and legislators across California.
Isla Vista, CA - May 23rd, 2014 – (Santa Barbara)
• 7 killed (including perpetrator) and 14 people injured. • A month prior to the rampage, Rodger’s mother, alarmed at some “bizarre” videos Rodger had posted on YouTube, contacted Rodger’s therapist. The therapist called a mental health crisis service and they referred the matter to police. • No legal intervention available: On April 30, 2014, police officers arrived at Elliot Rodger’s residence to conduct a welfare check but felt they did not have a legal basis to intervene.
California Legislature:
• Lawmakers had drafted a GVRO bill prior to the Isla Vista shooting with a two (2) year timeline but after the shooting that was expedited to four (4) months. They modeled the GVRO’s after domestic violence restraining orders.
WHAT ARE GUN VIOLENCE RESTRAINING ORDERS:
The Gun Violence Restraining Order (GVRO) allows family members, household members, and law enforcement to work with courts to temporarily remove guns and prevent the purchase of new guns by individuals who pose a significant risk of harm to themselves or others. The GVRO is a civil procedure, not a criminal one. The goal is to ensure safety of the individual and those around them.
WHAT IS A GUN VIOLENCE RESTRAINING DO:
The Gun Violence Restraining Order (GVRO) temporarily removes a firearm and ammunition from the possession of someone who threatens themselves or someone else.
Agenda Item #10.1.
3 | P a g e
WHO CAN GET A GVRO:
Family members, household members, employers, co-workers, teachers, friends or law enforcement.
HOW ARE GUN VIOLENCE RESTRAINING ORDERS OBTAINED:
Contacting your local law enforcement agency or going to www.courts.ca.gov HOW DOES A GUN VIOLENCE RESTRAINING ORDER GET APPROVED:
Judges make the decision whether or not to issue a GVRO. They consider indicators of dangerousness, patterns of violence criminal history and many other factors.
WHO TAKES FIREARMS:
Law Enforcement or if the GVRO is served by the court than the person may relinquish firearms to a license gun dealer.
CAN PEOPLE GET THEIR FIREARMS BACK:
Yes. This can happen by petitioning the court to remove the order and a judge will decide if there is no longer a threat or not.
WHAT ARE THE THREE TYPES OF GVRO’S in CALIFORNIA:
• Emergency Gun Violence Restraining Order – (available to law enforcement only) • Temporary Gun Violence Restraining Order - (available to household members, families and law enforcement) – Order will last for 21 days.
• Gun Violence Restraining Order after Notice and Hearing - (available to household members, families and law enforcement) – If granted, issued for one year from hearing date.
Agenda Item #10.1.
4 | P a g e
WHAT ARE GUN VIOLENCE RESTRAINING ORDER STATUTES:
California Penal Code 18100 - “A gun violence restraining order is an order, in writing, signed by the court, prohibiting and enjoining a named person from having in his or her custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition.” California Penal Code 18107 - “A petition for a gun violence restraining order shall describe the number, types, and locations of any firearms and ammunition presently believed by the petitioner to be possessed or controlled by the subject of the petition.” FREQUENTLY ASKED QUESTIONS:
Does someone need to be guilty of a crime to obtain a GVRO? No. The GVRO is a civil procedure, not a criminal one. The goal is to ensure safety and allow the subject of the GVRO the opportunity to heal or stabilize. However, if the order is violated, the subject may be charged with a misdemeanor crime.
What if the petitioner doesn’t show up to the court hearing? Then the order will be terminated.
Can the subject of the petition contest a GVRO?
If the subject of the petition disagrees with the order, he or she may file a response to the court prior to their court date, or they may attend the court hearing and testify against the order in person or in writing.
Agenda Item #10.1.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Police
DATE: February 27, 2024
FROM: Justin Tharp, Lieutenant
SUBJECT: Consideration and approval of a resolution: (1) Approving a five-year Contract between the City of St. Helena and Motorola Solutions to provide Body Worn Camera
Services and Equipment to the Police Department for a
five-year contract not-to-exceed $70,860 for services and upfront cost for hardware, accessories and
implementation; and (2) Authorizing a budget increase of $34,000.
GOAL: Goal 4: Provide Effective Community Information & Opportunities for Engagement, Goal 6: Improve Employee
Recruitment, Retention, & Morale, Goal 7: Enhance
Organizational Effectiveness
RECOMMENDED
ACTION:
Approve the attached resolution.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
PURPOSE:
The purpose is to replace antiquated Police Body Worn
Cameras (BWCs).
FINANCIAL IMPACT: The total Financial Impact is $70,860 for a five-year period.
The first two years will be funded with grant funds and the remainder will be included in future operating budgets.
BACKGROUND:
In 2018 the St. Helena Police Department implemented their first body worn camera (BWC) program utilizing Motorola Solutions. Motorola Solutions was selected after extensive testing and research. The City entered into a five-year contract with Motorola Solutions which included the purchase of BWCs, chargers, training and cloud based digital evidence storage.
BWCs have shown to increase transparency with the public, assist with prosecution, reduce risk and liability for the City, increase accountability, promote professional behavior by officers and the public. BWCs have also been a substantial benefit to the public, the City, and the Officers and are supported by police management.
DISCUSSION:
The current Motorola Solutions Si 500 cameras are almost five years old and are becoming antiquated. In addition, they are no longer supported by Motorola Solutions.
Agenda Item #11.1.
This means that Motorola Solutions will no longer repair/replace damaged or nonoperational cameras and they no longer supply parts such as mounts, batteries, and cords.
Police Department management realized the BWC hardware was aging and would require replacement. They applied for Department of Justice (DOJ) grant and received an award in the amount of $34,000 to assist with the replacement of the Police Departments BWCs.
Three quotes were obtained consisting of a five-year contract for replacement BWCs, accessories, maintenance, and digital evidence storage. 1) Motorola Solutions: $69,121
Motorola Solutions is the Police Departments current BWC provider. No digital evidence would need to be relocated.
Police Officers and the District Attorney's Office are familiar with Motorola Solution's software and Hardware.
Motorola Solutions is the preferred vendor of the Police Department's Management.
2) Axon Enterprise Inc: $123,184
Axon is the current provider for all other law enforcement agencies in the County of Napa.
Axon requires an additional $35,000 to move our current digital evidence to their proprietary storage program.
Axon has offered minimal assistance to move digital evidence on our own. Police Management believes moving this data is beyond our scoop of expertise. 3) Halo: $67,200
Although the lowest bid, the company is small and untested. Halo staff is unable to move our current digital evidence with Motorola Solutions to their digital storage system.
A contract for storage with Motorola Solutions for storage of our current digital evidence would be necessary at an additional cost and would most likely negate any savings from this bidder.
Remote speakers (or Pic Mics) are also necessary during this transmission to new BWCs. Our current Motorola Solution BWCs are both a BWCs and pic mics. All replacement BWC cameras do not perform both functions, thus requiring the purchase of pic mics from Motorola Solutions for total cost of $1,736.
Police management recommends Motorola Solutions as the vendor for the Police Departments BWCs and digital evidence storage. The software is familiar to the police officers and the District Attorney's office, therefore requiring little to no training which will provide a cost savings. Motorola Solutions hardware is proven and shown to stand up to the rigors of police work. Motorola Solutions has adequate 24-hour support when there Agenda Item #11.1.
is need for hardware or software assistance. The DOJ grant will fund BWC implementation and the first two years of service leaving the City to cover the services for the remaining three years.
This action will require a budget increase in the amount of $34,000 to expense account 101-P0-01-26-49 for the first two years of expenditures and $34,000 to revenue account 101-34-61-49-00 to receive the grant funds.
ENVIRONMENTAL REVIEW: None.
DOCUMENTS ATTACHMENTS:
Resolution - Replacement Body Cameras
Department of Justice Grant
Quote Motorola Solutions
Quote Halo
Quote Axon
Current Motorola Contract
Quote Motorola Solutions Remote Speakers (Pic Mic)
Agenda Item #11.1.
CITY OF ST. HELENA
RESOLUTION NO. 2024-____
RESOLUTION AUTHORIZING (1) A FIVE-YEAR CONTRACT BETWEEN THE
CITY OF SAINT HELENA AND MOTOROLA SOLUTIONS TO PROVIDE
BODY WORN CAMERA SERVICES AND EQUIPMENT TO THE POLICE
DEPARTMENT FOR A FIVE-YEAR CONTRACT NOT-TO-EXCEED $70,860
FOR SERVICES AND UPFRONT COST FOR HARDWARE, ACCESSORIES, AND IMPLEMENTATION; AND (2) AUTHORIZING A BUDGET INCREASE OF $34,000.
RECITALS
A. Current Motorola Solution Body Worn Camaras are approaching 6 years old; and
B. Motorola Solutions will no service or provide replacement parts for current Body Worn Cameras; and
C. The City recognizes the distinct benefits to the community of Body Worn Cameras; and
D. The Department of Justice has awarded a $34,000 grant to assist the Police Department purchase replacement Body Worn Cameras; and
E. The first two years of the program will be funded by grant monies and years 3 through 5 will be included in future annual operating budgets; and F. Any on-going expenses in FY 24/25 for the program will be funded by the Department of Justice Grant.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena hereby resolves as follows:
1. Authorize Police Department to enter 5-year contract with Motorola Solutions for Body Camera Services, not to exceed $70,860.
2. Authorize the use of Department of Justice Grant for equipment and year 1 and 2 of contract.
3. Authorize a budget amendment as follows:
a. Budget increase in the amount of $34,000 to GL Account 101-P0- 01-26-49.
Agenda Item #11.1.
b. Budget increase in the amount of $34,000 to GL Account 101-34- 61-49-00
Approved at a Regular Meeting of the St. Helena City Council on February 27, 2024, by the following vote:
Mayor Dohring __________
Vice Mayor Hall __________
Councilmember Chouteau __________
Councilmember Summer __________
APPROVED: ATTEST:
__________________________ __________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #11.1.
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
Washington, D.C. 20531
Name and Address of Recipient: CITY OF SAINT HELENA
1572 RAILROAD AVE
City, State and Zip: SAINT HELENA, CA 94574
Recipient UEI: VNT8DYY69L47
Project Title: Saint Helena Body-worn
Camera Expansion Program Award Number: 15PBJA-23-GG-02676-BWCX Solicitation Title: BJA FY 23 Body-worn Camera Policy and Implementation Program to Support Law Enforcement Agencies
Federal Award Amount: $34,000.00 Federal Award Date: 9/25/23 Awarding Agency: Office of Justice Programs
Bureau of Justice Assistance
Funding Instrument Type: Grant
Opportunity Category: D
Assistance Listing:
16.835 - Body Worn Camera Policy and Implementation
Project Period Start Date: 10/1/23 Project Period End Date: 9/30/26 Budget Period Start Date: 10/1/23 Budget Period End Date: 9/30/26 Project Description:
The Saint Helena Police Department (SHPD) is requesting funds to expand its BWC program underCategory 1: Sitebased awards to law enforcement agencies. The funding will assist in the purchase of17 BWCs for our full-time officers and reserves. Currently, we have 13 BWCs actively worn by our 12sworn officers, but these cameras are outdated and at the end of their useful life. In December 2023,our 5-year contract with Motorola will end, and our existing cameras will no longer be functional. Wecurrently do not have the budget available to fully fund the purchase of new cameras for FY23–24 orFY24–25. SHPD is requesting 17 new BWCs, which will not only enable the existing successfulprogram to continue but also expand the program to allow our reserve officers, who currently do nothave cameras, to record their interactions.
Page: 1 of 18
Agenda Item #11.1.
Award Letter
September 25, 2023
Dear Chris Hartley,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs (OJP) has approved the application submitted by CITY OF SAINT HELENA for an award under the funding opportunity entitled 2023 BJA FY 23 Body-worn Camera Policy and Implementation Program to Support Law Enforcement Agencies. The approved award amount is $34,000.
Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents.
Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award.
Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds.
Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date.
To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven’t already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process.
Congratulations, and we look forward to working with you.
Amy Solomon
Assistant Attorney General
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal financial assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding/ Explore/LegalOverview/CivilRightsRequirements.htm.
Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria.
Page: 2 of 18
Agenda Item #11.1.
These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to their service population or have employment practices that meet equal-opportunity standards.
If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5).
The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at [email protected].
Memorandum Regarding NEPA
NEPA Letter Type
OJP - Categorical Exclusion
NEPA Letter
None of the following activities will be conducted whether under the Office of Justice Programs federal action or a related third-party action:
(1) New construction
(2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including property (a) listed on or eligible for listing on the National Register of Historic Places, or (b) located within a 100-year flood plain, a wetland, or habitat for an endangered species (3) A renovation that will change the basic prior use of a facility or significantly change its size (4) Research and technology whose anticipated and future application could be expected to have an effect on the environment
(5) Implementation of a program involving the use of chemicals (including the identification, seizure, or closure of clandestine methamphetamine laboratories)
Additionally, the proposed action is neither a phase nor a segment of a project that when reviewed in its entirety would not meet the criteria for a categorical exclusion. Consequently, the subject federal action meets the Office of Justice Programs' criteria for a categorical exclusion as contained in paragraph 4(b) of Appendix D to Part 61 of Title 28 of the Code of Federal Regulations.
Questions about this determination may be directed to your grant manager or Orbin Terry, Environmental Coordinator for the Bureau of Justice Assistance.
NEPA Coordinator
First Name
Orbin Middle Name Last NameTerry
Page: 3 of 18
Agenda Item #11.1.
Award Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
Recipient Information
Recipient Name
CITY OF SAINT HELENA
UEI
VNT8DYY69L47
Street 1
1572 RAILROAD AVE Street 2
City
SAINT HELENA
State/U.S. Territory
California
Zip/Postal Code
94574
Country
United States
County/Parish Province
Award Details
Federal Award Date
9/25/23
Award Type
Initial
Award Number
15PBJA-23-GG-02676-BWCX
Supplement Number
00 Federal Award Amount
$34,000.00
Funding Instrument Type
Grant
Assistance Listing
Number
Assistance Listings Program Title
16.835 Body Worn Camera Policy and Implementation
Statutory Authority
Pub. L. No. 117-328, 136 Stat. 4459, 4537
[ ]
I have read and understand the information presented in this section of the Federal Award Instrument.
Project Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
Page: 4 of 18
Agenda Item #11.1.
Solicitation Title
2023 BJA FY 23 Body-worn Camera Policy and
Implementation Program to Support Law Enforcement
Agencies
Application Number
GRANT13847199
Awarding Agency
OJP
Program Office
BJA
Grant Manager Name
Wai Yee Tsang-White
Phone Number
202-451-7159
E-mail Address
[email protected]
Project Title
Saint Helena Body-worn Camera Expansion Program
Performance Period Start
Date
10/01/2023
Performance Period End Date
09/30/2026
Budget Period Start Date
10/01/2023
Budget Period End Date
09/30/2026
Project Description
The Saint Helena Police Department (SHPD) is requesting funds to expand its BWC program underCategory 1: Sitebased awards to law enforcement agencies. The funding will assist in the purchase of17 BWCs for our full-time officers and reserves. Currently, we have 13 BWCs actively worn by our 12sworn officers, but these cameras are outdated and at the end of their useful life. In December 2023,our 5-year contract with Motorola will end, and our existing cameras will no longer be functional. Wecurrently do not have the budget available to fully fund the purchase of new cameras for FY23–24 orFY24–25. SHPD is requesting 17 new BWCs, which will not only enable the existing successfulprogram to continue but also expand the program to allow our reserve officers, who currently do nothave cameras, to record their interactions.
[ ]
I have read and understand the information presented in this section of the Federal Award Instrument.
Financial Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
The recipient budget is currently under review.
[ ]
I have read and understand the information presented in this section of the Federal Award Instrument.
Page: 5 of 18
Agenda Item #11.1.
Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. 1 Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards Consistent with Executive Order 14074, “Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety,” OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any subrecipient (“subgrantee”) at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the “controlled equipment” list. The details of the requirement are posted on the OJP web site at https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment (Award condition:
Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards), and are incorporated by reference here.
2 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 3 Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 4 Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2022 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at Page: 6 of 18
Agenda Item #11.1.
any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 5 Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). 6 Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 7 Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.
8 Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2022, are set out at https://www.ojp.gov/funding/Explore/ FY22AppropriationsRestrictions.htm, and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 9 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious Page: 7 of 18
Agenda Item #11.1.
practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https:/ /www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.
10 Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.
11 Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices:
Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance.
Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award.
12 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an Page: 8 of 18
Agenda Item #11.1.
equal employment opportunity program.
13 Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
14 Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both--
(1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm Page: 9 of 18
Agenda Item #11.1.
employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at [email protected]. E-Verify employer agents can email E-Verify at E[email protected].
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 15 OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees. 16 Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 17 Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "highrisk" for purposes of the DOJ high-risk grantee list. 18 Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after October 15, 2020, will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator Page: 10 of 18
Agenda Item #11.1.
enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after October 15, 2020, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award.
19 Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.
1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
20 Page: 11 of 18
Agenda Item #11.1.
Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 21 Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.
22 Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at [email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. 23 Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.
24 All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/ funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 25 Page: 12 of 18
Agenda Item #11.1.
Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. 26 Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 27 Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.
28 Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. 29 Page: 13 of 18
Agenda Item #11.1.
Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (firsttier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 30 Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
31 The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.
32 Verification and updating of recipient contact information The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact information in JustGrants, including telephone number and e-mail address. If any information is incorrect or has changed, the award recipient’s Entity Administrator must make changes to contact information through DIAMD.
Instructions on how to update contact information in JustGrants can be found at https://justicegrants.usdoj.gov/training/ training-entity-management.
33 The award recipient agrees to participate in a data collection process measuring program outputs and outcomes. The Page: 14 of 18
Agenda Item #11.1.
data elements for this process will be outlined by the Office of Justice Programs. 34 Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.
35 Copyright; Data rights
The recipient acknowledges that OJP reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), for Federal purposes: (1) any work subject to copyright developed under an award or subaward (at any tier); and (2) any rights of copyright to which a recipient or subrecipient (at any tier) purchases ownership with Federal support.
The recipient acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the data first produced under any such award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision
52.227-14 (Rights in Data - General).
It is the responsibility of the recipient (and of each subrecipient (at any tier), if applicable) to ensure that the provisions of this condition are included in any subaward (at any tier) under this award.
The recipient has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights and data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the Government such rights, the recipient shall promptly bring such refusal to the attention of the OJP program manager for the award and not proceed with the agreement in question without further authorization from the OJP program office. 36 Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition.
The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 37 The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project.
38 39
The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the Page: 15 of 18
Agenda Item #11.1.
recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents.
Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).
40 Body-worn cameras, policies and procedures
In accepting this award, the recipient agrees not to use award funds for purchases of body-worn cameras or related expenses for any agency unless that agency has policies and procedures in place that reinforce appropriate agency Use of Force policies and training and address technology usage, evidence acquisition, data storage and retention, as well as privacy issues, accountability and discipline.
41 As of the first day of the period of performance for the award, the recipient may incur project costs using non-federal funds as necessary, but any such project costs are incurred at the recipient's risk until, at a minimum, all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). Federal funds will not be used to provide reimbursement for the purchase of equipment already owned by the recipient prior to the first day of the period of performance for the award.
Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "atrisk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an ACM, the recipient is authorized to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs are otherwise allowable costs under the award. 42 The recipient must submit a BWC policy no later than 120 days of award acceptance, unless an extension for good cause shown has been granted by BJA. Failure to submit a BWC policy within 120 days of award acceptance may result in the freezing of grant funds.
43 The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS.
44 The recipient's budget (and budget narrative) is pending clearance by OJP.
Prior to budget clearance (and unless there is a more restrictive condition on this award, in which case the terms of that more restrictive condition apply): The recipient may not drawdown more than 10% of the award. Pre-clearance obligations, expenditures, and drawdowns may be disallowed if not in compliance with program requirements.
The recipient should be judicious in using award funds prior to budget clearance. Generally, OJP expects that recipients (depending on the specific project scope) may need to advertise for award-funded positions, pay personnel and fringe benefits for positions budgeted under the award, plan for project activities, attend training and pay trainingrelated travel needed to begin the project, and engage in other limited activities conducted by recipient staff (i.e., generally not requiring a subaward or procurement contract under an award).
OJP will issue an Award Condition Modification upon budget clearance. [ ]
I have read and understand the information presented in this section of the Federal Award Instrument.
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Agenda Item #11.1.
Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I-- A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant.
B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted (including by applicant’s legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant.
C. Accept this award on behalf of the applicant.
D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise.
Agency Approval
Title of Approving Official
Assistant Attorney General
Name of Approving Official
Amy Solomon
Signed Date And Time
9/19/23 10:58 AM
Authorized Representative
Entity Acceptance
Title of Authorized Entity Official
Chief of Police
Signed Date And Time
Page: 17 of 18
Agenda Item #11.1.
Page: 18 of 18
Agenda Item #11.1.
QUOTE-2477810
ST HELENA POLICE DEPT, CITY OF
01/05/2024
The design, technical, pricing, and other information (“Information”) furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entity providing this quote (“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola.
MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved.
Agenda Item #11.1.
Billing Address:
ST HELENA POLICE DEPT, CITY
OF
1401 MAIN ST
SAINT HELENA, CA 94574
US
Shipping Address:
ST HELENA POLICE DEPT, CITY
OF
1401 MAIN ST
SAINT HELENA, CA 94574
US
Quote Date:01/05/2024
Expiration Date:04/04/2024
Quote Created By:
Kelly Bluth
Regional Sales Manager
Kelly.Bluth@
motorolasolutions.com
702-539-0579
End Customer:
ST HELENA POLICE DEPT, CITY OF
Justin Tharp
[email protected]
707-967-2856
Payment Terms:30 NET
Summary:
Any sales transaction resulting from Motorola's quote is based on and subject to the applicable Motorola Standard Terms and Conditions, notwithstanding terms and conditions on purchase orders or other Customer ordering documents.
Motorola Standard Terms and Conditions are found at www.motorolasolutions.com/product-terms.
Line
#
Item Number Description Qty Term List Price Sale Price Ext. Sale Price
Refresh
Duration
Video as a Service
1 AAS-BWC-5YR-001 BODY WORN CAMERA
AND VIDEO MANAGER
EL CLOUD - 5 YEARS
VIDEO-AS-A-SERVICE
14 5 YEAR $4,140.00 $4,140.00 $57,960.00
2 WCM000111-020 INTEGRATION
VIDEOMANAGER EL
WITH MOTOROLA CAD/
RMS*
1 $0.00 $0.00 $0.00
3 PRS-0619A VAAS REMOTE
SYSSETUPL2,TRAIN,C
ONFIG,PM
1 Included Included Included
4 WGB-0177AAS VIDEO EQUIPMENT,
V300/V700 USB IN-CAR
CHARGE/UPLOAD
DOCK VAAS
1 Included Included Included
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Agenda Item #11.1.
Line
#
Item Number Description Qty Term List Price Sale Price Ext. Sale Price
Refresh
Duration
5 AAS-BWC-USB-DOC V300/V700 USB
CHARGE/UPLOAD
DOCK - 5 YEARS
VIDEO-AS-A-SERVICE
($4 PER MON)
1 5 YEAR $240.00 $240.00 $240.00
6 AAS-BWC-XFS-DOC V300/V700 TRANSFER
STATION - 5 YEARS
VIDEO-AS-A-SERVICE
($30 PER MON)
1 5 YEAR $1,800.00 $1,800.00 $1,800.00
7 WGB-0138AAS VIDEO EQUIPMENT,
V300/V700 TRANSFER
STATION ($30 PER
MON)
2 Included Included Included
8 WGC02001-VAAS VIDEOMANAGER EL
CLOUD, ANNUAL
UNLIMITED STORAGE
PER BODY WORN
CAMERA VAAS
14 5 YEAR Included Included Included
9 WGP02798-KIT V700 MAGNETIC
MOUNT WITH BWC
BOX
14 Included Included Included
10 WGB-0741A V700 BODY WORN
CAMERA FIRSTNET
READY
14 Included Included Included 3 YEAR
11 LSV07S03512A ESSENTIAL SERVICE
WITH ACCIDENTAL
DAMAGE AND
ADVANCED
REPLACEMENT
14 5 YEAR Included Included Included
12 SWV07S03593A SOFTWARE
ENHANCEMENTS
14 5 YEAR Included Included Included
13 WGW00122-302 BODY WORN CAMERA
CONFIGURATION
SERVICE
14 $101.00 $80.80 $1,131.20
14 WGP02950 V700 BATTERY, 3.8V,
4180MAH, REMOVABLE
14 $137.50 $110.00 $1,540.00
CommandCentral
Evidence
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Agenda Item #11.1.
Line
#
Item Number Description Qty Term List Price Sale Price Ext. Sale Price
Refresh
Duration
15 ISV00S01459A DIGITAL EVIDENCE
DELIVERY SERVICES
1 $0.00 $0.00 $0.00
16 SSV00S01450B LEARNER LXP
SUBSCRIPTION
3 5 YEAR $0.00 $0.00 $0.00
17 SSV00S02600A COMMANDCENTRAL
EVIDENCE STANDARD
1 5 YEAR $2,700.00 $2,700.00 $2,700.00
18 SSV00S02602A DIGITIAL EVIDENCE
MANAGEMENT
1 5 YEAR Included Included Included
19 SSV00S02603A CASE SHARING
CAPABILITIES
1 5 YEAR $0.00 $0.00 $0.00
20 SSV00S02604A FIELD RESPONSE
APPLICATION
1 5 YEAR Included Included Included
21 SSV00S02605A RECORDS
MANAGEMENT
1 5 YEAR Included Included Included
22 SSV00S02783A COMMANDCENTRAL
STORAGE GB
1000 5 YEAR $3.75 $3.75 $3,750.00
Grand Total $69,121.20(USD)
Pricing Metric :
Price is indicative of the following -
# of Named Users for CommandCentral Evidence - 3
Pricing Summary
List Price Sale Price
Upfront Costs for Hardware, Accessories and Implementation (if applicable), plus Subscription Fee $16,629.00 $15,961.20 Year 2 Subscription Fee $13,290.00 $13,290.00
Year 3 Subscription Fee $13,290.00 $13,290.00
Year 4 Subscription Fee $13,290.00 $13,290.00
Year 5 Subscription Fee $13,290.00 $13,290.00
Grand Total System Price $69,789.00 $69,121.20
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Agenda Item #11.1.
Notes:
● Additional information is required for one or more items on the quote for an order. ● Unless otherwise noted, this quote excludes sales tax or other applicable taxes (such as Goods and Services Tax, sales tax, Value Added Tax and other taxes of a similar nature). Any tax the customer is subject to will be added to invoices.
● Unless otherwise noted in this quote / order, installation of equipment is not included.
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Agenda Item #11.1.
1VIDEO-AS-A-SERVICE OVERVIEW
Video-as-a-Service (VaaS) is a subscription-based solution that provides agencies with Motorola’s industryleading evidence collection and management tools. VaaS includes access to high definition camera systems and the VideoManager EL Cloud evidence management platform.
VideoManager EL Cloud automates data maintenance and facilitates administration of your department’s devices in a Government cloud-based storage solution. Agencies can capture, record, store, and efficiently manage all evidentiary data with VideoManager.
In addition, the VaaS solution can be expanded with CommandCentral Evidence to provide a single, streamlined workflow in the industry’s only end-to-end digital evidence management ecosystem.
When combined into a single solution, these tools enable officers in the field to easily capture, record, and upload evidence, as well as efficiently manage and share that evidentiary data. Because Video-as-a-Service requires no up-front purchase of equipment or software, it provides a simple way to quickly deploy and begin using a complete camera and evidence management solution for a per device charge, billed quarterly.
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
1VIDEOMANAGER EL CLOUD SOLUTION DESCRIPTION
VideoManager EL Cloud simplifies evidence management, automates data maintenance, and facilitates management of your department’s devices, all in a cloud-based, off-premises storage solution.
It is compatible with V300 and VISTA body-worn cameras, as well as M500 and 4RE in-car video systems, enabling you to upload video evidence quickly and securely. It also allows live-streaming capabilities through the optional SmartControl and SmartConnect applications.
VIDEO EVIDENCE MANAGEMENT
Using VideoManager EL Cloud delivers benefits to all aspects of video evidence management. From streamlining the evidence review process to automatically maintaining your stored data, VideoManager EL Cloud makes evidence management as efficient as possible. With VideoManager EL Cloud, you minimize the amount of time spent manually managing evidence, allowing your team to spend more time in the field.
Simplified Evidence Review
VideoManager EL Cloud makes evidence review easier by allowing users to upload evidence into cloud storage from their in-field devices. When evidence is uploaded, important information is sorted, which groups relevant evidence together. This information includes a recording’s date and time, device used to capture, event ID, officer name, and event type. This allows you to view recordings of an incident that were taken from several devices simultaneously, eliminating the task of reviewing irrelevant footage during review.
Its built-in media player includes a visual display of incident data, allowing you to tag moments of interest, such as when lights, sirens, or brakes were activated during the event timeline.
Other relevant files, such as PDFs, spreadsheets, reports, third-party videos, audio recordings, pictures, and drawings, can also be grouped together and stored under a specific case entry, allowing all pertinent information to be stored together in VideoManager EL.
Easy Evidence Sharing
VideoManager EL Cloud allows you to easily share information in the evidence review or judiciary sharing process by exporting evidence data as MP4 files.
You can also find relevant evidence data using audit log filters, including criteria such as import, export, playback, download, share, and modify dates.
Automatic Data Maintenance
VideoManager EL Cloud lets you automatically organize the evidence data you store, allowing you to save time that would be spent manually managing it. It can schedule the automatic movement or purging of events on a daily, weekly, or monthly basis, based on how the user wants to configure the system.
Security groups and permissions are easily set-up in VideoManager EL Cloud, allowing you to grant individuals access to evidence on an as-needed basis.
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
Integration with In-Car and Body-Worn Cameras
Officers on the road are able to automatically upload encrypted video from in-car systems and body cameras.
This eliminates the need for trips to and from the station solely for uploading data into the system.
Video and audio captured by the M500, V300, 4RE and VISTA camera systems are automatically linked in VideoManager EL Cloud based on time and location. You can then utilize synchronized playback and export of video and audio from multiple devices in the same recording group, where video and audio streams can be matched together.
Optional Live Video Streaming
VideoManager EL Cloud integrates with SmartControl, an optional mobile application for Android or iOS that allows officers to complete evidence review work normally completed at their desk from their smartphone.
SmartControl also allows officers to categorize recordings using event tags, stream live video from, and change camera settings, such as adjusting field of view, brightness, and audio levels.
SmartConnect, an optional smartphone application, provides VISTA body-worn camera users with immediate infield access to their body cameras. SmartConnect includes the ability to pair with VISTA cameras, adjust officer preferences, categorize recordings with incident IDs and case numbers, and play back recordings.
DEVICE MANAGEMENT
Agencies using VideoManager EL Cloud are able to assign users to devices, track them, and streamline shift changes. You can easily manage, configure, update firmware, and deploy in-car and body-worn cameras.
Individual preference settings can be configured based on user profiles, allowing quick device transactions within a pooled device system. VideoManager EL Cloud also tracks devices and enables them to be quickly exchanged between officers during shift changes. This minimizes the amount of devices needed for your fleet.
Device Tracking
You can easily manage, configure, and deploy their in-car and body-worn cameras in VideoManager EL Cloud.
Devices can be assigned to personnel within VideoManager EL Cloud and tracked, helping agencies keep track of which users have specific devices.
Faster Shift Changes
VideoManager EL Cloud’s Rapid Checkout Kiosk feature allows agencies to take advantage of a pooled camera system to utilize fewer cameras. Rapid Checkout Kiosk feature allows agencies using a pooled camera system to use fewer cameras. Cameras can be checked out at the start of a shift using an easy-to-use interface. At the end of the shift, the camera can be returned to its dock, where the video is automatically uploaded and the camera is made ready to be checked out and used for the next shift.
Devices can also be configured to remember individual preference settings for each user, including volume level, screen brightness and camera aim. These settings are applied whenever a device is assigned to a specific officer.
A variety of settings within VideoManager EL Cloud also enable you to configure devices to operate in alignment with your agency’s policies and procedures.
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
MOBILE VIDEO PRODUCTS NEW SYSTEM STATEMENT OF WORK
OVERVIEW
This Statement of Work (SOW) outlines the responsibilities of Motorola Solutions, Inc. (Motorola) and the Customer for the implementation of purchased body-worn camera(s) and/or in-car video system(s) and your digital evidence management solution. For the purpose of this SOW, the term “Motorola” may refer to our affiliates, subcontractors, and third-party partners. The third-party partner(s) will work on Motorola’s behalf to install your in-car video system(s).
This SOW addresses the responsibilities of Motorola and the Customer that are relevant to the implementation of the hardware and software components listed in the Solution Description. Any changes or deviations from this SOW must be mutually agreed upon by Motorola and the Customer and will be addressed in accordance with the change provisions of the Agreement. The Customer acknowledges any changes or deviations from the SOW may incur additional cost.
Motorola and the Customer will work to complete their respective responsibilities in accordance with the Project Schedule. Any changes to the Project Schedule must be mutually agreed upon by both parties in accordance with the change provisions of the Contract.
Unless specifically stated, Motorola will perform the work remotely. The Customer will provide Motorola personnel with access to their network and facilities so Motorola is able to fulfill its obligations. All work will be performed during normal business hours (Monday through Friday from 8:00 a.m. to 5:00 p.m.).
The number and type of software subscription licenses, products, or services provided by Motorola and its subcontractors are specifically listed in the Contract and referenced in the SOW.
AWARD, ADMINISTRATION, AND PROJECT INITIATION
Project Initiation and Planning will begin following the Execution of the Contract between Motorola and the Customer. At the conclusion of Project Planning, the Motorola’s Project Manager (PM) will begin status meetings and provide status reports on a regular cadence with the Customer’s PM. The status report will provide a summary of activities completed, activities planned, project progress against the project schedule, items of concern requiring attention, as well as potential project risks and agreed upon mitigation actions.
Motorola utilizes Google Meet as its teleconference tool. If the Customer desires to use an alternative teleconferencing tool, any costs incurred for the use of the alternate teleconferencing tool will be the responsibility of the Customer.
CJIS INFORMATION
Motorola will provide state of residency and fingerprint cards for any employee requiring physical or logical access to unencrypted NCIC/III or CHRI data so Customer can conduct a criminal background investigation. A criminal background investigation is also required for Motorola employees who need access to Criminal Justice Information Systems (CJIS) containing unencrypted NCIC/III or CHRI data.
If the Customer requires a different method for a Motorola employee to access CJIS, Motorola will work with the Customer to complete this documentation in a timely manner.
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
COMPLETION CRITERIA
The project is considered complete once Motorola has completed all responsibilities listed in this SOW.
Customer’s task completion will occur based on the Project Schedule to ensure Motorola is able to complete all tasks without delays. Motorola will not be held liable for project delays due to incomplete Customer tasks.
The Customer must provide Motorola with written notification if they do not accept the completion of Motorola responsibilities. The written notification must be provided to Motorola within ten (10) business days of task completion.
SUBSCRIPTION SERVICE PERIOD
If the contracted system includes a subscription, the subscription service period will begin upon the Customer’s receipt of credentials for access. In the absence of written notification for non-acceptance, beneficial use will occur thirty (30) days after functional demonstration of the system.
PROJECT ROLES AND RESPONSIBILITIES OVERVIEW
Motorola Project Roles and Responsibilities
The Motorola Project Team will be assigned to the project under the direction of the Motorola’s PM. Each team member will be engaged in different phases of the project as necessary. Some team members will be multidisciplinary and may fulfill more than one role.
In order to maximize effectiveness, the Motorola Project Team will provide various services remotely by teleconference, web-conference, or other remote method in order to fulfill our commitments as outlined in this SOW.
Our experience has shown customers who assume ownership of the system early and take an active role in the delivery and educational process realize user adoption sooner and achieve higher levels of success with system operation.
The subsections below provide an overview of the Project Team Members.
Project Manager (PM)
The PM will be the principal business representative and point of contact for Motorola. The PM’s responsibilities may include but are not limited to:
• Manage Motorola responsibilities related to the delivery of the project. • Maintain the Project Schedule, and manage assigned Motorola personnel, subcontractors, and suppliers as applicable.
• Coordinate schedules of assigned Motorola personnel, subcontractors, and suppliers as applicable. • Conduct equipment inventory.
• Maintain project communications with the Customer.
• Identify and manage project risks.
• Coordinate collaboration of Customer resources to minimize project delays. • Evaluate project status against Project Schedule.
• Conduct status meetings on mutually agreed upon dates to discuss project status. • Provide timely responses to Customer inquiries and issues related to project progress.
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
• Conduct daily status calls with the Customer during Go-Live.
Post Sales Engineer
The Post Sales Engineer will work with the Customer’s Project Team on:
• System provisioning.
• Contracted data migration between two disparate digital evidence management systems (if applicable).
System Technologist (ST)
The ST will work with the Customer’s Project Team on:
• The installation and configuration of system devices. • Provide instructions to the Customer on the installation and configuration of system devices. • Review equipment setup with the Customer.
• Develop and submit a Trip Report to the Customer.
Professional Services Engineer (if applicable)
The Professional Services Engineer is engaged on projects that include integration between Motorola evidence management system and the Customer’s third-party software application. Their responsibilities include:
• Delivery of the interface between Motorola evidence management system and the Customer’s third-party software (e.g. CAD).
• Work with the Customer to access required systems/data.
Application Specialist (if applicable)
The Application Specialist will work with the Customer Project Team on system provisioning and education. The Application Specialist’s responsibilities include but are not limited to:
• Deliver provisioning education and guidance to the Customer for operating and maintaining their system. • Provide product education as defined by this SOW and described in the Education Plan.
Technical Trainer / Instructor
The Technical Trainer / Instructor provides training on-site or remote depending on the training topic and deployment services purchased.
Customer Support Services Team
The Customer Support Services Team will provide on-going support to the Customer following Go-Live and final acceptance of the project.
Customer Project Roles and Responsibilities
Motorola has defined key resources that are critical to this project and must participate in all the activities defined in this SOW. During the Project Planning phase, the Customer will be required to provide names and contact information for the roles listed below. It is critical that these resources are empowered to make decisions based on the Customer’s operational and administration needs. The Customer Project Team will be engaged from Project Initiation through Beneficial Use of the system. In the event the Customer is unable to provide the resources identified in this section, Motorola may be able to supplement these resources at an additional cost.
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
Project Manager
The PM will act as the primary point of contact for the duration of the project. In the event the project involves multiple locations, Motorola will work exclusively with the Customer’s primary PM. The PM’s list of responsibilities include the following:
• Communicate and coordinate with other project participants. • Manage the Customer Project Team including subcontractors and third-party vendors. This includes timely facilitation of tasks and activities.
• Maintain project communications with the Motorola PM. • Identify the tasks required of Customer staff that are outlined in this SOW and the Project Schedule. • Consolidate all project inquiries from Customer staff to present to the Motorola PM. • Approve a deployment date offered by Motorola.
• Review the Project Schedule with the Motorola PM and finalize tasks, dates, and responsibilities. • Measure and evaluate progress against the Project Schedule. • Monitor the project to ensure resources are available as required. • Attend status meetings.
• Provide timely responses to issues related to project progress. • Liaise and coordinate with other agencies, Customer vendors, contractors, and common carriers. • Review and administer change control procedures, hardware and software certification, and all related project tasks required to meet the deployment date.
• Ensure Customer vendors’ readiness ahead of the deployment date. • Assign one or more personnel to work with Motorola staff as needed for the duration of the project, including one or more representatives from the IT department.
• Identify a resource with authority to formally acknowledge and approve milestone recognition certificates, as well as, approve and release payments in a timely manner. • Provide Motorola personnel with access to all Customer facilities where system equipment is to be installed.
Temporary identification cards are to be issued to Motorola personnel, if required for access. • Ensure remote network connectivity and access for Motorola resources. • Assume the responsibility for all fees pertaining to licenses, inspections and any delays associated with inspections due to required permits as applicable to this project. • Provide reasonable care to prevent equipment exposure from contaminants that may cause damage to the equipment or interruption of service.
• Ensure a safe work environment for Motorola personnel. • Identify and manage project risks.
• Provide signature(s) of Motorola-provided milestone recognition certificate(s) within ten (10) business days of receipt.
IT Support
IT Support manages the technical efforts and ongoing activities of the Customer’s system. IT Support will be responsible for managing Customer provisioning and providing Motorola with the required information for LAN, WAN, server and client infrastructure. IT Support must be familiar with connectivity to internal, external and thirdparty systems where the proposed system will interface.
The IT Support Team responsibilities include but are not limited to:
• Participate in delivery and training activities to understand the software, interfaces and functionality of the system.
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
• Participate along with Customer Subject Matter Experts (SMEs) during the provisioning process and associated training.
• Authorize global provisioning decisions and be the Point of Contact POC) for reporting and verifying problems.
• Maintain provisioning.
• Implement changes to Customer infrastructure in support of the proposed system.
Video Management Point of Contact (POC)
The Video Manager POC will educate officers on digital media policy, participate in Discovery tasks, and complete the Video Management Administration training.
Subject Matter Experts (SMEs)
SMEs are a core group of users involved with the analysis, training and provisioning process, including making decisions on global provisioning. The SMEs should be experienced users in their own respective field (evidence, dispatch, patrol, etc.) and should be empowered by the Customer to make decisions based on provisioning, workflows, and department policies related to the proposed system.
Training POC
The Training POC will act as the course facilitator and is considered the Customer’s educational monitor. The Training POC will work with the Motorola team when policy and procedural questions arise. They will be responsible for developing any agency specific training material(s) and configuring new users on the Motorola Learning eXperience Portal (LXP) system. This role will serve as the first line of support during Go-Live for the Customer’s end users.
General Customer Responsibilities
In addition to the Customer responsibilities listed above, the Customer is responsible for the following (if applicable):
• All Customer-provided equipment, including third-party hardware and software needed for the proposed system but not listed as a Motorola deliverable. Examples include end user workstations, network equipment, etc.
• Configure, test, and maintain third-party system(s) the Customer will interface with the proposed system. • Establish an Application Programming Interface (API) for applicable third-party system(s) and provide documentation that describes the integration to the Motorola system. • Coordinate and facilitate communication between Motorola and Customer third-party vendor(s) as required. • Third-party installers must be certified through Motorola LXP for remote or in person installation training. The Customer will be responsible for work performed by non-certified installers. • Upgrades to Customer’s existing system(s) in order to support the proposed system. • Mitigate the impact of upgrading Customer third-party system(s) that will integrate with the proposed system.
Motorola strongly recommends working with the Motorola Project Team to understand the impact of such upgrades prior to taking action.
• Active participation of Customer SMEs during the course of the project. • Electronic versions of any documentation associated with business processes identified. • Providing a facility with the required computer and audio-visual equipment for training and work sessions. • Ability to participate in remote project meetings using Google Meet or a mutually agreed upon Customerprovided remote conferencing tool.
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
Motorola is not responsible for any delays that arise from Customer’s failure to perform the responsibilities outlined in this SOW or delays caused by Customer’s third-party vendor(s) or subcontractor(s).
NETWORK AND HARDWARE REQUIREMENTS
The following requirements must be met by the Customer prior to Motorola installing the proposed system:
• Provide network connectivity for the transfer and exchange of data for the proposed system. • Provide Virtual Private Network (VPN) remote access for Motorola personnel to configure the system and conduct diagnostics.
• Provide Internet access to server(s).
• Provide devices such as workstations, tablets, and smartphones with Internet access for system usage.
Chrome is the recommended browser for optimal performance. The workstations must support MS Windows 11 Enterprise.
• Provide and install antivirus software for workstation(s). • Provide Motorola with administrative rights to Active Directory for the purpose of installation, configuration, and support.
• Provide all environmental conditions such as power, uninterruptible power sources (UPS), HVAC, firewall and network requirements.
• Ensure required traffic is routed through Customer’s firewall.
PROJECT PLANNING
A clear understanding of the needs and expectations of Motorola and the Customer is critical to fostering a collaborative environment of trust and mutual respect. Project Planning requires the gathering of specific information to set clear project expectations and guidelines, as well as lay the foundation for a successful implementation.
PROJECT PLANNING SESSION
A Project Planning Session will be scheduled after the Contract has been executed. The Project Planning Session is an opportunity for the Motorola and Customer PM to meet prior to the Project Kickoff Meeting and review key elements of the project and expectations of each other. Dependent upon solutions purchased, the agenda will typically include:
• A high level review of the following project elements:
- Contract documents.
- A summary of contracted applications and equipment as purchased. - Customer’s involvement in project activities to confirm understanding of scope and required time commitments.
- A high level Project Schedule with milestones and dates. • Confirm CJIS background investigations and fingerprint requirements for Motorola employees and/or subcontractors.
• Determine Customer location for Motorola to ship their equipment for installation.
Motorola Responsibilities
• Schedule the remote Project Planning Session.
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
• Request the assignment of Customer Project Team and any additional Customer resources that are instrumental to the project’s success.
• Provide the initial Project Schedule.
• Baseline the Project Schedule.
• Review Motorola’s delivery approach and its reliance on Customer-provided remote access. • Document mutually agreed upon Project Kickoff Meeting Agenda. • Request user information required to establish the Customer in the Motorola LXP.
Customer Responsibilities
• Identify Customer Project Team and any additional Customer resources that are instrumental to the project’s success.
• Acknowledge the mutually agreed upon Project Kickoff Meeting Agenda. • Provide approval to proceed with the Project Kickoff Meeting.
Motorola Deliverables
• Project Kickoff Meeting Agenda.
PROJECT KICKOFF
Motorola will work with the Customer to understand the impact of introducing a new solution and the preparedness needed for successful implementation of the solution.
Note – The IT Questionnaire is completed during the pre-sales process and prior to Contract award. The IT Questionnaire is given to Motorola at time of offer acceptance. Delay in completing the IT Questionnaire will delay shipment of equipment.
Motorola Responsibilities
• Review Contract documents including project delivery requirements as described in this SOW. • Discuss the deployment start date and deliver the Deployment Checklist. • Discuss vehicle equipment installation activities and responsibilities. • Discuss equipment inventory process.
• Discuss project team participants and their role(s) in the project with fulfilling the obligations of this SOW. • Review resource and scheduling requirements.
• Discuss Motorola remote system access requirements (24-hour access to a secured two-way Internet connection through the Customer’s firewall for the purposes of deployment and maintenance). • Discuss and deliver the Business Process Review (BPR) Workbook. • Complete all necessary documentation (i.e. fingerprints, background checks, card keys, etc.) required for Motorola resources to gain access to Customer facilities. • Discuss the LXP training approach.
• Provide designated Customer administrator with access to LXP. • Review and agree on completion criteria and the process for transitioning to support.
Customer Responsibilities
• Provide feedback on project delivery requirements.
• Review the Deployment Checklist.
• Review the roles of project participants to identify decision-making authority.
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
• Provide VPN access to Motorola personnel to facilitate delivery of services described in this SOW. • Validate non-disclosure agreements, approvals, and other related items are complete when applicable. • Provide all documentation (i.e. fingerprints, background checks, card keys, etc.) required for Motorola resources to gain access to Customer facilities.
• Provide Motorola with names and contact information to the designated LXP Administrator(s).
Motorola Deliverables
• Project Kickoff Meeting Minutes.
• BPR Workbook.
• Deployment Checklist.
DISCOVERY TELECONFERENCE
During the Discovery Teleconference, Motorola will meet with the Customer to define system configuration, as well as, agency recording and retention policies. This information will be documented in the Business Process Review (BPR) Workbook, which is used as a guide for configuration and provisioning decisions.
Motorola Responsibilities
• Facilitate Discovery Teleconference(s).
• Review and complete BPR Workbook with the Customer.
• Confirm Customer-provided configuration inputs.
Customer Responsibilities
• Gather and review information required to complete the BPR Workbook during the Discovery Teleconference. • Schedule Customer Project Team and SMEs to attend the Discovery Teleconference. SMEs should be present to weigh-in on hardware, software and network components. Customer attendees should be empowered to convey policies and make modifications to policies as necessary. • Return completed BPR Workbook no more than five (5) business days after the conclusion of the Discovery Teleconference.
Motorola Deliverables
• Completed BPR Workbook.
PROJECT EXECUTION
EQUIPMENT PROCUREMENT AND INSTALLATION
Motorola will procure contracted equipment as part of the ordering process. The equipment will be configured with a basic profile in line with the information provided by the IT Questionnaire or Discovery Teleconference to enable installation and configuration of the system. The Customer is responsible for providing an installation environment that meets manufacturer’s specifications for the equipment, which includes but is not limited to:
• Power
• Heating/Cooling
• Network Connectivity
• Access and Security
• Conduit and Cabling
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
If Motorola and/or its subcontractors are responsible for the installation, the responsibilities outlined below will apply to Motorola and the Customer.
Motorola Responsibilities
• Procure contracted equipment and ship to the Customer's designated location. • Inventory equipment after arrival at Customer location. • Install backend equipment (server) in the Customer's designated area. • Conduct a power-on test to validate the installed hardware and software are ready for configuration. • Verify remote connection to equipment.
• If applicable, for an on-site deployment, Motorola will be responsible for verifying the body-worn camera Transfer Stations are connected to the Customer’s network. The Customer is responsible for ensuring Motorola has the correct IP address(es) for configuring the Transfer Stations, and the Customer’s network is operational.
• If applicable, install Access Point(s) (APs).
• If applicable, verify APs are properly installed and connected to the network. • Provide a Trip Report outlining the activities completed during installation.
Customer Responsibilities (if applicable)
• Procure Customer-provided equipment and make it available at the installation location. • Confirm the server room complies with environmental requirements (i.e. power, uninterruptible power, surge protection, heating/cooling, etc.).
• Verify the server is connected to the Customer’s network. • Provide, install, and maintain antivirus software for server(s) and/or workstation(s). • Enable outgoing network connection (external firewall) to the CommandCentral cloud by utilizing the Customer’s Internet connection.
• If applicable, install Customer-supplied Access Point(s) (APs). • If applicable, verify APs are properly installed and connected to the network. • For remote deployments, the Customer is responsible for verifying the body-worn camera Transfer Stations are connected to their network.
• Confirm access to installed software on Customer-provided workstation(s). • For body-worn cameras, the Customer will verify whether the Transfer Station(s) are connected to their network.
If the Customer and/or its subcontractors are responsible for the installation, the responsibilities outlined below will apply to Motorola and the Customer.
Motorola Deliverables
• Contracted Equipment.
• Equipment Inventory.
In-Car Video System (if applicable)
The Motorola-certified installer will complete the installation of the in-car video (ICV) system(s) in Customerprovided vehicle(s) per Motorola installation guidelines. The installer may also be responsible for installing cellular routers or WiFi radios inside the vehicle(s) for wireless upload of video to the Customer’s evidence management system.
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
Note – The Pricing Page will reflect in-car video installation services by Motorola if Motorola is responsible for the vehicle installations.
Motorola Responsibilities
• Setup server for ICV digital video recorder (DVR) configuration. • Create configuration USB used to complete ICV hardware installation. • Travel to the Customer site to conduct on-site installation activities. • Complete ICV configuration on a single vehicle and validate the configuration with the Customer. • Receive Customer approval to proceed with remaining ICV configurations. • Complete remaining contracted vehicle installations.
• Test a subset of completed ICV hardware installations. • Complete installation of cellular modem and confirm placement of antenna mounting with Customer. • Install Customer-provided SIM card into cellular modem and connect modem to ICV system. • Install Car Detector Mobile MDC Software on Customer-provided mobile data terminal (MDT) within the vehicle.
• Configure MDC Network Card.
Customer Responsibilities
• Provide Motorola with remote connection and access credentials to complete ICV hardware installation. • Notify Motorola of the vehicle installation location. • Coordinate and schedule date and time for vehicle installation(s). • Make ICV hardware available to Motorola for installation in accordance with the vehicle installation schedule. • Provide cellular SIM Card for Internet connectivity to installer at time of vehicle installation.
Motorola Deliverables
• Complete Functional Validation Plan as it applies to the proposed solution.
NOTE - The Customer is responsible for having all vehicles and devices available for installation per the Project Schedule. All cellular data fees and Internet connectivity charges are the responsibility of the Customer. If applicable, for license plate recognition (LPR) installations, an MDT is required for all vehicles. Motorola is not responsible for any delays associated with the Customer fulfilling their obligations per this SOW.
Body Worn Camera Configuration (if applicable)
The Transfer Station will be utilized to configure each body-worn camera according to the Business Process Review. In order for this process to be successfully completed, the Transfer Station must be connected to the evidence management system.
Motorola Responsibilities
• Configure Transfer Station(s) for connectivity to the evidence management system. • Verify the Transfer Station(s) is configured properly and connected to the network. • Configure body-worn camera(s) within the evidence management system. • Check out body-worn camera(s) and create a test recording. • Verify completion of upload from body-worn camera(s) after it is docked back in a Transfer Station or USB dock.
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
• Install and provide a demonstration of client software as part of the same on-site engagement as Go-Live, unless otherwise outlined in this SOW.
Customer Responsibilities
• Select physical location(s) for Transfer Station(s).
• Provide and install workstation hardware.
• Complete installation of client software on remaining workstations and mobile devices. • Validate functionality of components and solution utilizing the Deployment Checklist. • Provide Motorola remote connection information and necessary credentials.
If the body-worn camera(s) and Transfer Station(s) are part of a remote deployment, the following responsibilities will apply to Motorola and the Customer.
License Plate Recognition Commissioning (if applicable) This section highlights the responsibilities of Motorola and the Customer when an in-car video system interfaces with the Law Enforcement Archival Report Network (LEARN or PlateSearch) database.
Motorola Responsibilities
• Create a Customer account in the LEARN system with user(s) emails. • Verify the Customer has installed and launched the Vigilant Car Detector Mobile Software per the Vigilant LEARN Quickstart Guide.
• Provide Mobile LPR - Officer Safety Basic and Advanced Pre-Installation Checklist. • Provide Agency Manager with Training Materials and Car Detector Mobile MDC software installation guide. • Advise Agency Manager of different options available to add new users. • Confirm Agency Manager is aware of registration required for Hotlists. • Confirm Agency Manager understands how to set up data-sharing.
Customer Responsibilities
• Identify the Agency Manager.
• Register to receive access to Hotlist.
SOFTWARE INSTALLATION AND CONFIGURATION
Motorola will install VideoManager Evidence Library (EL) software on a specified number of workstations dictated by the Contract. The Customer will be responsible for installing the software on the remaining workstations.
Provisioning of VideoManager EL software will be done in accordance with the information contained in the BPR Workbook.
Installation of VideoManager EL software consists of the following activities:
• If applicable, delivery and installation of server hardware. • Network discovery.
• Operating system and software installation.
• Onboarding user / group identity set up.
• Provide access to the application.
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
VideoManager EL (if applicable)
The VideoManager EL software is an on-premise solution that requires an onsite server and supports both body worn cameras and in-car video systems.
Motorola Responsibilities
• Install software on a specified number of customer workstations / mobile devices. • Use information provided in the BPR Workbook to configure VideoManager EL software. • Test software using applicable portions of the Functional Validation Plan. • Provide instruction on client software USB utility.
Customer Responsibilities
• Provide a network environment that conforms to the requirements presented in the Solution Description. • Procure and install server and storage hardware at desired location in accordance with Solution Description requirements.
• Perform a power on test with Motorola.
• Provide assigned Motorola System Administrator with access to SQL database for installation purposes (Motorola’s access will be revoked upon conclusion of the installation). • If applicable, for Active Directory integration, provide domain user (service account), security group (for application administrators including service account), and domain read access. • Provide workstation and/or mobile device hardware in accordance with specifications listed in the Solution Description.
• Complete online training.
• Complete installation of client software on remaining workstations and/or mobile devices.
VideoManager ELC (if applicable)
VideoManager ELC software is a cloud solution that does not require an onsite server and supports both bodyworn cameras and in-car video systems.
Motorola Responsibilities
• Use information provided in BPR Workbook to configure VideoManager ELC software. • Create users, groups, and setup permissions.
• Create event categories.
• Set retention policies.
• Test software using applicable portions of the Functional Validation Plan. • Ensure training POC can access the system.
Customer Responsibilities
• Verify traffic can be routed through Customer’s firewall and reaches end user workstations.
CloudConnect Installation and Configuration
Motorola Responsibilities
• Verify remote access capability.
• Remotely configure CloudConnect Virtual Machine within the Cloud Anchor Server. • Configure network connectivity and test connection to the CloudConnect Virtual Machine.
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
• Provide Customer with the information for setting up the IPSEC tunnel. • Create an IPSEC tunnel.
Customer Responsibilities
• Provide Motorola with two static IP addresses, corresponding subnet masks/default gateway, and available NTP and DNS IP to the components.
• Confirm with Motorola the network performance requirements are met. • Configure firewall to allow traffic from IPSEC tunnel.
Completion Criteria
• CloudConnect Virtual Machine configuration is complete.
CommandCentral Evidence (if applicable)
Motorola will work with the Customer to determine best industry practices, current operations environment, and subsystem integration to ensure the optimal configuration of your CommandCentral Evidence solution.
Motorola Responsibilities
• Use the CommandCentral Admin Portal to provision users, groups, and rules based on Customer Active Directory data.
• Guide the Customer in the configuration of CommandCentral Evidence.
Customer Responsibilities
• Supply access and credentials to Customer’s Active Directory for the purpose of Motorola conducting CommandCentral Evidence provisioning.
• Respond to Motorola’s inquiries regarding users, groups and agency mapping to CommandCentral Evidence. • Provision policies, procedures, and user permissions. • Configure evidence as directed by Motorola.
DATA MIGRATION SERVICES (IF APPLICABLE)
The Customer is responsible for partitioning data to be converted from a legacy or on-prem evidence management system to an on-cloud solution as part of this offer. The Customer will have ten (10) business days to provide feedback after Motorola validates the migrated data. If feedback is not received on or before ten (10) business days, Motorola will assume the migration is complete.
Motorola Responsibilities
• Receive access to Customer video data.
• Perform contracted data migration and validation.
Customer Responsibilities
• Provide remote access to partitioned data to be migrated. • Validate migrated dataset and provide Motorola with feedback within ten (10) business days.
Completion Criteria
• A migrated dataset as defined in the Contract.
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
DEMS INTEGRATIONS AND THIRD-PARTY INTERFACES (IF APPLICABLE) The integration between Motorola’s evidence management system and the Customer’s third-party system may consist of an iterative series of activities depending upon the complexity with accessing the third-party system.
Interfaces will be installed and configured in accordance with the Project Schedule. The Customer is responsible for engaging third-party vendors as required to facilitate connectivity and testing of the interface(s).
Motorola Responsibilities
• Develop interface(s) in accordance with the Solution Description. • Establish and validate connectivity between Motorola and third-party systems. • Configure interface(s) to support the functionality described in the Solution Description. • Perform functional demonstration to confirm the interface(s) can transmit and receive data to the applicable system.
Customer Responsibilities
• Act as liaison between Motorola and third-party vendor(s) as required to establish connectivity to the evidence management system.
• Provide personnel authorized to make changes to the network and third-party systems to support Motorola’s integration efforts.
• Provide network connectivity between evidence management system and the third-party system(s). • Provide information on API, SDKs, data scheme, and any documentation necessary to establish interfaces with all local and remote systems. This information should be provided within 10 business days of the Interface Engagement Meeting.
NOTE - At the time of initial design, unknown circumstances, requirements or anomalies may present difficulties with interfacing Motorola products to a third-party application. These difficulties could result in a poorly performing or a non-functional interface. By providing Motorola with this information early in the deployment process, will put us in the best position to mitigate these potential issues. If the resolution requires additional third-party integration, application upgrades, APIs, and/or additional software licenses, the Customer is responsible for addressing these issues at their cost. Motorola is not responsible for any delays or costs associated with third-party applications or Customer-provided third-party hardware or software.
SYSTEM TRAINING
The objective of this section is to prepare for and deliver training. Motorola training consists of computer-based (online) and instructor-led (on-site or remote). Our training delivery methods will vary depending on course content. Training will be delivered in accordance with the Education Plan. As part of our training delivery, Motorola will provide user guides and training materials in an electronic format.
ONLINE TRAINING (IF APPLICABLE)
Online training is made available to the Customer through Motorola’s LXP. This subscription service provides customers with unlimited access to our online training content and provides users with the flexibility of learning the content at their own pace. Training content is added and updated on a regular basis to keep information current.
Through LXP, a list of available online training courses, Motorola User Guides, and Training Material are accessible in electronic format.
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
Motorola Responsibilities
• Designate a LXP Administrator to work with the Customer. • Establish an accessible instance of LXP for the Customer. • Configure a Customer-specific portal view.
• Organize content to align with the Customer’s selected technologies. • Create initial Customer user accounts and a single Primary Administrator account. • During on boarding, assist the Customer with LXP usage. • Create and maintain user role Learning Paths defined by the Customer. • Provide technical support for user account and access issues, LXP functionality, and Motorola managed content.
• Provide instruction to Customer LXP Administrator on building groups.
Customer Responsibilities
• Provide user information for the initial creation of accounts. • Complete LXP Administrator training.
• Ensure network and Internet connectivity for Customer access to LXP. • Customer's primary LXP Administrator is required to complete the following self-paced training: LXP Introduction (LXP0001), LXP Primary Site Administrator Overview (LXP0002), and LXP Group Administrator Overview (LXP0003).
• Advise users on the availability of training through LXP. • Ensure users complete LXP training in accordance with the Project Schedule. • Build groups as needed.
• Request additional subscriptions to access LXP by providing user credential information.
INSTRUCTOR-LED TRAINING (ON-SITE AND REMOTE, IF APPLICABLE) Instructor-led courses are based on products purchased and the Customer’s Education Plan.
Motorola Responsibilities
• Deliver User Guides and training materials in an electronic format. • Perform training in accordance with the Education Plan. • Provide the Customer with training attendance rosters and summarize any pertinent information that may impact end user training.
Customer Responsibilities
• Supply classroom(s) based on the requirements listed in the Education Plan. • Designate training representatives who will work with the Motorola trainer(s) to deliver the training content. • Facilitate training of all Customer end users in accordance with the Customer’s Education Plan.
Motorola Deliverables
• Electronic versions of User Guides and training materials. • Attendance rosters.
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
PROJECT GO-LIVE, CLOSURE, AND HANDOVER TO SUPPORT
Motorola will utilize the Deployment Checklist throughout the deployment process to verify features and functionality are in line with installation and configuration requirements. The Customer will witness the ST demonstrating the Deployment Checklist and provide feedback as features and functionality are demonstrated.
The Customer is considered Live on the system after the equipment has been installed, configured, and made available for use and training has been delivered or made available to the Customer.
Upon the conclusion of Go-Live, the project is prepared for closure. Project closure is defined as the completion of tasks and the Customer’s receipt of contracted components. The Deployment Checklist serves as the artifact that memorializes a project closure. A System Acceptance Certificate will be provided to the Customer for signature to formally close out the project. Upon project closure, the Customer will engage with Technical Support for on-going needs in accordance with the Customer’s specific terms and conditions of support.
Motorola Responsibilities
• Provide the Customer with Motorola Technical Support engagement process and contact information. • Provide Technical Support with the contact information of Customer users who are authorized to engage Technical Support.
• Ensure Deployment Checklist is complete.
• Obtain Customer signature on the System Acceptance Certificate. • Provide Customer survey upon closure of the project.
Customer Responsibilities
• Provide signatory approval on the System Acceptance Certificate signifying project closure. • Provide Motorola with the contact information of users who are authorized to engage Motorola’s Technical Support.
• Engage Technical Support as needed.
Motorola Completion Criteria
Provide Customer with survey upon closure of the project.
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
VIDEO EVIDENCE STATEMENT OF WORK
Overview
In accordance with the terms and conditions of the Agreement, this Statement of Work (“SOW”) defines the principal activities and responsibilities of all parties for the delivery of the Motorola Solutions, Inc. (“Motorola”) system as presented in this offer to the Customer(hereinafter referred to as “Customer”). For the purposes of this SOW, Motorola may include our affiliates, subcontractors, and third-party partners, as the case may be.
Deviations and changes to this SOW are subject to mutual agreement between Motorola and the Customer and will be addressed in accordance with the change provisions of the Agreement.
Unless specifically stated, Motorola work will be performed remotely. Customer will provide Motorola resources with direct network access sufficient to enable Motorola to fulfill its delivery obligations.
The number and type of software or subscription licenses, products, or services provided by or on behalf of Motorola are specifically listed in the Agreement and any reference within this SOW, as well as subcontractors’ SOWs (if applicable), does not imply or convey a software or subscription license or service that is not explicitly listed in the Agreement.
AWARD, ADMINISTRATION, AND PROJECT INITIATION
Project Initiation and Planning will begin following execution of the Agreement.
Following the conclusion of the Welcome/IT Call, Motorola project personnel will communicate additional project information via email, phone call, or additional ad- hoc meetings.
Motorola utilizes Google Meet as its teleconference tool. If Customer desires a different teleconference tool, Customer may provide a mutually agreeable alternate tool at Customer expense.
PROJECT MANAGEMENT TERMS
The following project management terms are used in this SOW. Since these terms may be used differently in other settings, these definitions are provided for clarity.
Deployment Date(s) refers to any date or range of dates when implementation, configuration, and training will occur. The deployment date(s) is subject to change based on equipment or resource availability and Customer readiness.
COMPLETION CRITERIA
Motorola Integration Services are complete upon Motorola performing the last task listed in a series of responsibilities or as specifically stated in the deployment checklist. Certain Customer tasks, such as hardware installation activities identified in Section 1.9 of this SOW, must be completed prior to Motorola commencing with its delivery obligations. Customer will provide Motorola written notification that it does not accept the completion of Motorola responsibilities or rejects a Motorola service deliverable within five business days of task completion or receipt of a deliverable, whichever may be applicable.
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
Service completion will be acknowledged in accordance with the terms of the Agreement and the Service Completion Date will be memorialized by Motorola and Customer in a writing signed by both parties.
PROJECT ROLES AND RESPONSIBILITIES OVERVIEW
MOTOROLA PROJECT ROLES AND RESPONSIBILITIES
A Motorola team, made up of specialized personnel, will be assigned to the project under the direction of the Motorola Project Manager. Team members will be multi-disciplinary and may fill more than one role.
Team members will be engaged in different phases of the project as necessary.
In order to maximize efficiencies, Motorola’s project team will provide services remotely via teleconference, web-conference, or other remote method in fulfilling its commitments as outlined in this SOW.
The personnel role descriptions noted below provide an overview of typical project team members. One or more resources of the same type may be engaged as needed throughout the project. There may be other personnel engaged in the project at the discretion of and under the direction of the Project Manager.
Motorola’s project management approach has been developed and refined based on lessons learned in the execution of hundreds of system implementations. Using experienced and dedicated people, industryleading processes, and integrated software tools for effective project execution and control, we have developed and refined practices that support the design, production, and testing required to deliver a high-quality, feature-rich system.
Project Manager
A Motorola Project Manager will be assigned as the principal business representative and point of contact for Motorola. The Project Manager’s responsibilities include the following:
• Host the Welcome/IT Call.
• Manage the Motorola responsibilities related to the delivery of the project. • Coordinate schedules of the assigned Motorola personnel and applicable subcontractors/supplier resources.
• Manage the Change Order process per the Agreement.
• Maintain project communications with the Customer.
• Identify and manage project risks.
• Collaborative coordination of Customer resources to minimize and avoid project delays. • Conduct remote status meetings on mutually agreed dates to discuss project status. • Provide timely responses to issues related to project progress.
System Technologists
The Motorola System Technologists (ST) will work with the Customer project team on system provisioning. ST responsibilities include the following:
• Provide consultation services to the Customer regarding the provisioning and operation of the Motorola system.
• Provide provisioning and training to the Customer to set up and maintain the system. • Complete the provisioning ownership handoff to the Customer.
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
• Complete the project-defined tasks as defined in this SOW. • Confirmation that the delivered technical elements meet contracted requirements. • Engagement throughout the duration of the delivery.
Technical Trainer / Instructor
The Motorola Technical Trainer / Instructor provides training either on-site or remote (virtual) depending on the training topic and deployment type purchased. Responsibilities include:
• Review the role of the Learning eXperience Portal (“LXP”) in the delivery and provide Customer Username and Access Information.
CUSTOMER PROJECT ROLES AND RESPONSIBILITIES OVERVIEW
The success of the project is dependent on early assignment of key Customer resources. In many cases, the Customer will provide project roles that correspond with Motorola’s project roles. It is critical that these resources are empowered to make decisions based on the Customer’s operational and administration needs. The Customer’s project team should be engaged from project initiation through beneficial use of the system. The continued involvement in the project and use of the system will convey the required knowledge to maintain the system post-completion of the project. In some cases, one person may fill multiple project roles. The project team must be committed to participate in activities for a successful implementation. In the event the Customer is unable to provide the roles identified in this section, Motorola may be able to supplement Customer resources at an additional price.
Project Manager
The Project Manager will act as the primary Customer point of contact for the duration of the project. The Project Manager is responsible for management of any third-party vendors that are the Customer’s subcontractors. In the event the project involves multiple locations, Motorola will work exclusively with a single Customer-assigned Project Manager (the primary Project Manager). The Project Manager’s responsibilities include the following:
• Communicate and coordinate with other project participants. • Manage the Customer project team, including timely facilitation of efforts, tasks, and activities. • Maintain project communications with the Motorola Project Manager. • Identify the efforts required of Customer staff to meet the task requirements in this SOW and identified in the Welcome/IT Call.
• Consolidate all project-related questions and queries from Customer staff to present to the Motorola Project Manager.
• Approve a deployment date offered by Motorola.
• Monitor the project to ensure resources are available as required. • Attend status meetings.
• Provide timely responses to issues related to project progress. • Liaise and coordinate with other agencies, Customer vendors, contractors, and common carriers. • Review and administer change control procedures, hardware and software certification, and all related project tasks required to meet the deployment date.
• Ensure Customer vendors’ readiness ahead of the deployment date. • Assign one or more personnel who will work with Motorola staff as needed for the duration of the project, including at least one Application Administrator for the system and one or more representative(s) from the IT department.
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
• Identify the resource with authority to formally acknowledge and approve change orders, completion of work, and payments in a timely manner.
• Provide building access to Motorola personnel to all Customer facilities where system equipment is to be installed during the project. Temporary identification cards are to be issued to Motorola personnel, if required for access to facilities.
• Ensure remote network connectivity and access to Motorola resources. • Provide reasonable care to prevent equipment exposure to contaminants that cause damage to the equipment or interruption of service.
• Ensure a safe work environment for Motorola personnel. • Identify and manage project risks.
• Point of contact to work with the Motorola System Technologists to facilitate the training plan.
IT Support Team
The IT Support Team (or Customer designee) manages the technical efforts and ongoing tasks and activities of their system. Manage the Customer-owned provisioning maintenance and provide required information related to LAN, WAN, wireless networks, server, and client infrastructure. They must also be familiar with connectivity to internal, external, and third-party systems to which the Motorola system will interface.
The IT Support Team responsibilities include the following:
• Participate in overall delivery and training activities to understand the software, interfaces, and functionality of the system.
• Participate with the Customer subject matter experts during the provisioning process and training. • Authorize global provisioning choices and decisions, and be the point(s) of contact for reporting and verifying problems and maintaining provisioning.
• Obtain inputs from other user agency stakeholders related to business processes and provisioning. • Implement changes to Customer owned and maintained infrastructure in support of the Evidence Management System installation.
Subject Matter Experts
The Subject Matter Experts (SME or Super Users) are the core group of users involved with delivery analysis, training, and the provisioning process, including making global provisioning choices and decisions. These members should be experienced users in the working area(s) they represent (dispatch, patrol, etc.), and should be empowered to make decisions related to provisioning elements, workflows, and department policies related to the Evidence Management System.
General Customer Responsibilities
In addition to the Customer Responsibilities stated elsewhere in this SOW, the Customer is responsible for the following:
• All Customer-provided equipment, including hardware and third-party software, necessary for delivery of the System not specifically listed as a Motorola deliverable. This will include end user workstations, network equipment, camera equipment and the like.
• Configuration, maintenance, testing, and supporting the third-party systems the Customer operates which will be interfaced to as part of this project.
• Communication between Motorola and Customer’s third-party vendors, as required, to enable Motorola to perform its duties.
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
• Active participation of Customer SMEs in project delivery meetings and working sessions during the course of the project. Customer SMEs will possess requisite knowledge of Customer operations and legacy system(s) and possess skills and abilities to operate and manage the system. • Electronic versions of any documentation associated with the business processes identified. • Providing a facility with the required computer and audio-visual equipment for training and work sessions.
• Ability to participate in remote project meeting sessions using Google Meet or a mutually agreeable, Customer-provided, alternate remote conferencing solution.
PROJECT PLANNING
A clear understanding of the needs and expectations of both Motorola and the Customer are critical to fostering a collaborative environment of trust and mutual respect. Project Planning requires the gathering of project-specific information in order to set clear project expectations and guidelines, and set the foundation for a successful implementation.
WELCOME/IT CALL - TELECONFERENCE/WEB MEETING
A Project Planning Session teleconference will be scheduled after the Agreement has been executed.
The agenda will include the following:
• Review the Agreement documents.
• Review project delivery requirements as described in this SOW. • Provide shipping information for all purchased equipment. • Discuss deployment date activities.
• Provide assigned technician information.
• Review IT questionnaire and customer infrastructure.
• Discuss which tasks will be conducted by Motorola resources. • Discuss Customer involvement in provisioning and data gathering to confirm understanding of the scope and required time commitments.
• Review the initial project tasks and incorporate Customer feedback. • Confirm CJIS background investigations and fingerprint requirements for Motorola employees and/or contractors. Required fingerprints will be submitted on Motorola provided FBI FD-258 Fingerprint cards. • Review the On-line Training system role in project delivery and provide Customer User Name and Access Information.
• Discuss Motorola remote access requirements (24-hour access to a secured two-way Internet connection to the Motorola system firewalls for the purposes of deployment, maintenance, and monitoring).
• Discuss Customer obligation to manage change among the stakeholder and user communities. • Review deployment completion criteria and the process for transitioning to support.
Motorola Responsibilities
• Host Welcome/IT Call.
• Request the attendance of any additional Customer resources that are instrumental in the project's success, as needed.
• Review Motorola’s delivery approach and its reliance on Customer-provided remote access. • Provide Customers with steps to follow to register for Online Training. • Request user information required to establish the Customer in the LXP.
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
Customer Responsibilities
Complete the Online Training registration form and provide it to Motorola within ten business days of the Project Planning Session.
• Review the received (as part of order) and completed IT questionnaire. • Provide a customer point of contact for the project.
• Provide data for completing the policy validation form. • Provide LXP user information as requested by Motorola. • Verify Customer Administrator(s) have access to the LXP.
Motorola Deliverables
• Welcome Call presentation and key meeting notes
• Send an email confirming deployment date and ST assigned email • Communicate with the Customer via email confirming shipment and tracking information. • Instruct the Customer on How to Register for Training email. • Provide and review the Training Plan.
SOLUTION PROVISIONING
Solution provisioning includes the configuration of user configurable parameters (unit names, personnel, and status codes). The system will be provisioned using Motorola standard provisioning parameters and will incorporate Customer-specific provisioning.
IN-CAR VIDEO PROVISIONING SCENARIO
If in-car video is a part of the system, the Motorola Application Specialist will complete the following provisioning tasks.
Motorola Responsibilities
• Conduct a remote review of the standard provisioning database with the Customer prior to the start of provisioning.
• Provide and review the Provisioning Export Worksheets with the Customer. • Conduct a conference call with the Customer to review the completeness of the Provisioning Export Worksheets prior to the start of provisioning.
BODY WORN CAMERA PROVISIONING SCENARIO
If body worn cameras are a part of the system, the provisioning of the in-car system will generally follow the completion of the base in-car video provisioning.
Motorola Responsibilities
Configure transfer stations for connectivity to the evidence management server. • Configure devices within the evidence management system. • Check out devices and create a test recording.
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
• Verify successful upload from devices after docking back into the transfer station or USB dock.
SOFTWARE INSTALLATION
REMOTE SOFTWARE INSTALLATION
Client software will be installed one workstations and up to 5 mobile devices to facilitate provisioning training to Customer personnel. Customer will complete software installation on the remaining workstations and cameras.
Motorola Responsibilities
• Verify system readiness.
• Request client software.
• Deliver the pre-installation preparation checklist.
• Provide instruction on client software installation and install client software on one workstation and up to five mobile devices.
• Provide instruction on client software deployment utility.
Customer Responsibilities
• Provide and install workstation/mobile device hardware in accordance with specifications. • Assign personnel to observe software installation training. • Complete installation of client software on remaining workstations and mobile devices. • Access online training resources identified in the Welcome/IT Call.
Motorola Deliverables
• Provide a pre-installation preparation checklist.
• Installation Guide.
• Provide training overviews on hardware/software and system administration for customers during deployment dates.
INFRASTRUCTURE VALIDATION
Hardware will be installed on the network to facilitate provisioning, testing, and will be used to provide instruction to Customer personnel after the complete software installation.
Motorola Responsibilities
• Verify that the server is properly racked and connected to the network. • Verify that access points are properly installed and connected to the network. • Verify that transfer stations are connected to the network and configured.
Customer Responsibilities
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
• Verify that the server network has access to the internet for software installation and updates. • Verify that the network routing is correct for the transfer stations and access points to communicate with the server.
• Verify that the client computers can access the server on the required ports.
HARDWARE INSTALLATION
Physical installation of hardware (i.e. servers, cameras, Access Points, WiFi docs, etc.) is not included in the standard scope of the solution. If a custom quote for installations is included in this purchase, Motorola will manage the subcontractor and their deliverables as part of this SOW. Customers who perform or procure their own installations assume all installation responsibilities including cost, oversight and risk.
SYSTEM TRAINING
Motorola training consists of both computer-based (online) and instructor-led (on-site or remote). Training delivery methods vary depending on course content. Self-paced online training courses, additional live training, documentation, and resources can be accessed and registered for on the Motorola’s LXP.
ONLINE TRAINING
Online training is made available to the Customer via Motorola’s LXP. This subscription service provides the Customer with continual access to our library of online learning content and allows users the benefit of learning at times convenient to them. Content is added and updated on a regular basis to keep information current. This training modality allows the Customer to engage in training when convenient.
A list of available online training courses can be found in the Training Plan.
Motorola Responsibilities
• Designate a LXP Administrator to work with the Customer. • Establish an accessible instance of the LXP for the Customer. • Organize content to align with the Customer’s selected technologies. • Create initial Customer user accounts and a single Primary Administrator account. • During on-boarding, assist the Customer with LXP usage by providing training and job aids as needed. • Create and maintain user role Learning Paths defined by the Customer. • Install security patches when available.
• Provide technical support for user account and access issues, base system functionality, and Motorola Solutions-managed content.
• Monitor the Learning Subscription server. Provide support for server incidents.
Customer Responsibilities
• Provide user information for the initial creation of accounts. • Provide network and internet connectivity for the Customer’s users to access the LXP. • The customer's primary LXP administrator should complete the following self-paced training: LXP Introduction online course (LXP0001), LXP Primary Site Administrator Overview online course (LXP0002), and LXP Group Administrator Overview (LXP0003) • Advise agency learners of the availability of training via the LXP. • Ensure users complete LXP training in accordance with the Project Schedule. • Order and maintain subscriptions to access Motorola’s LXP.
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
• Contact Motorola Solutions to engage Technical Support when needed.
Motorola Deliverables
• LXP Enable
INSTRUCTOR-LED TRAINING (ONSITE AND REMOTE)
A list of Instructor-Led and Virtual Instructor-Led courses can be found in the Training Plan.
Motorola Responsibilities
• Deliver User Guides and training materials in electronic .PDF format. • Perform training in accordance with the Training Plan. • Provide Customer with training Attendance Rosters and summarize any pertinent observations that may impact end user training.
Customer Responsibilities
• Supply classrooms with a workstation for the instructor (if Onsite) and at least one workstation for every student based on the requirements listed in the Training Plan. • Designate training representatives who will work with the Motorola trainers in the delivery of training. • Conduct end user training in accordance with the Project Schedule.
Motorola Deliverables
• Electronic versions of User Guides and training materials. • Attendance Rosters.
• Technical Training Catalog.
FUNCTIONAL VALIDATION AND PROJECT CLOSURE
The objective of Functional Validation is to demonstrate the features and functions of the system in the Customer’s provisioned environment. The functional demonstration may not exercise all functions of the system, if identified as not being applicable to the Customer’s operations or for which the system has not been provisioned. The functional demonstration is a critical activity that must occur following the completion of provisioning.
Motorola Responsibilities
• Conduct a power on functional demonstration of the installed system per the deployment checklist • Manage to resolution any documented punch list items noted on the deployment checklist. • Provide trip report outlining all activities completed during the installation as well as outstanding follow up items
• Provide an overview of the support process and how to request support. • Walk through support resources, web ticket entry and escalation procedures. • Provide a customer survey upon closure of the project.
Customer Responsibilities
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
• Witness the functional demonstration and acknowledge its completion via signature on the deployment checklist.
• Participate in prioritizing the punch list.
• Coordinate and manage Customer action as noted in the punch list. • Provide signatory approval on the deployment checklist providing Motorola with final acceptance. • Complete Customer Survey.
QUOTE-2477810
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Agenda Item #11.1.
Purchase Order Checklist
Purchase Order Checklist
Marked as PO/ Contract/ Notice to Proceed on Company Letterhead (PO will not be processed without this)
PO Number/ Contract Number
PO Date
Vendor = Motorola Solutions, Inc.
Payment (Billing) Terms/ State Contract Number
Bill-To Name on PO must be equal to the Legal Bill-To Name Bill-To Address
Ship-To Address (If we are shipping to a MR location, it must be documented on PO) Ultimate Address (If the Ship-To address is the MR location then the Ultimate Destination address must be documented on PO )
PO Amount must be equal to or greater than Order Total
Non-Editable Format (Word/ Excel templates cannot be accepted) Bill To Contact Name & Phone # and EMAIL for customer accounts payable dept Ship To Contact Name & Phone #
Tax Exemption Status
Signatures (As required)
Agenda Item #11.1.
DRAFT QUOTE
St Helena Police Department
1088 College Ave
SAINT HELENA CA 94574
USA
Date
Jan 9, 2024
Expiry
Jun 9, 2024
Quote Number
QU-24-010901
Halo Imports LLC
Halo Imports
501 Congress Ave
AUSTIN TX 78701
UNITED STATES OF
AMERICA
Description Quantity Unit Price Tax Amount USD
Body Camera Package Lease
Horizon Series Body Worn Camera
Unlimited Cloud Storage with AmazonWebServices
Unlimited Halo Vault Access
Magnetic Mount
Molle Mount
Full Contract-term Warranty
24/7 Emergency Tech support with 24 hour response on
non-emergency issues.
Local support available for hardware replacement and
repair
14.00 80.00 Tax Exempt 1,120.00
Contract is for a term of 5 years
Subtotal 1,120.00
TOTAL TAX 0.00
TOTAL USD 1,120.00
Terms
Monthly All Inclusive Cost: $1120
Annual Cost $13440
Total Contract Cost $67200
Cost is for a standard deployment and does not include non-standard software or feature development.
Ingestion or integration of body camera footage into Halo Vault (Cost to be determined upon presentation of data format, volumes of data, and other variables that may impact resources required for deployment.). Estimate based on 5 years of data $8,000 to $10,000.
Registered Office: Halo Imports, 501 Congress Ave, Austin, TX, 78701, United States of America.
Agenda Item #11.1.
Q-521101-45294.812DB
Issued: 01/03/2024
Quote Expiration: 01/31/2024
Estimated Contract Start Date: 03/15/2024
Account Number: 322642
Payment Terms: N30
Delivery Method:
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
St. Helena Police Department
1088 College Ave
Saint Helena,
CA
94574-1366
USA
St. Helena Police Dept. - CA
1088 College Ave
Saint Helena
CA
94574-1366
USA
Email:
Daniel Birt
Phone:
Email: [email protected]
Fax:
Steve Peterson
Phone: (707) 967-2850
Email: [email protected]
Fax: (707) 963-8043
Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $3,321.00 TOTAL COST $119,406.80
ESTIMATED TOTAL W/ TAX $123,183.94 TOTAL SAVINGS $16,605.00 Payment Summary
Date Subtotal Tax Total
Feb 2024 $23,881.36 $755.43 $24,636.79
Feb 2025 $23,881.36 $755.43 $24,636.79
Feb 2026 $23,881.36 $755.43 $24,636.79
Feb 2027 $23,881.36 $755.43 $24,636.79
Feb 2028 $23,881.36 $755.42 $24,636.78
Total $119,406.80 $3,777.14 $123,183.94
Axon Enterprise, Inc.
17800 N 85th St.
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
Agenda Item #11.1.
Quote Unbundled Price: $136,011.80
Quote List Price: $119,406.80
Quote Subtotal: $119,406.80
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
BWCUwTAP BWC Unlimited with TAP 15 60 $118.11 $99.66 $99.66 $89,694.00 $2,456.07 $92,150.07 A la Carte Hardware
H00001 AB4 Camera Bundle 15 $849.00 $849.00 $12,735.00 $1,050.65 $13,785.65 H00002 AB4 Multi Bay Dock Bundle 2 $1,638.90 $1,638.90 $3,277.80 $270.42 $3,548.22 A la Carte Software
73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 300 60 $0.65 $0.65 $11,700.00 $0.00 $11,700.00 A la Carte Services
80146 AXON BODY - PSO - VIRTUAL STARTER 1 $2,000.00 $2,000.00 $2,000.00 $0.00 $2,000.00 Total $119,406.80 $3,777.14 $123,183.94 Agenda Item #11.1.
Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 15 02/15/2024 AB4 Camera Bundle 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 17 02/15/2024 AB4 Camera Bundle 71026 MAGNET MOUNT, FLEXIBLE REINFORCED, RAPIDLOCK 17 02/15/2024 AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - DOCK - EIGHT BAY 2 02/15/2024 AB4 Multi Bay Dock Bundle 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 2 02/15/2024 AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 2 02/15/2024 BWC Unlimited with TAP 73309 AXON BODY - TAP REFRESH 1 - CAMERA 15 08/15/2026 BWC Unlimited with TAP 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 2 08/15/2026 BWC Unlimited with TAP 73310 AXON BODY - TAP REFRESH 2 - CAMERA 15 02/15/2029 BWC Unlimited with TAP 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 2 02/15/2029 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date BWC Unlimited with TAP 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 15 03/15/2024 03/14/2029 BWC Unlimited with TAP 73746 PROFESSIONAL EVIDENCE.COM LICENSE 15 03/15/2024 03/14/2029 A la Carte 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 300 03/15/2024 03/14/2029 Services
Bundle Item Description QTY
A la Carte 80146 AXON BODY - PSO - VIRTUAL STARTER 1
Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date BWC Unlimited with TAP 80464 AXON BODY - TAP WARRANTY - CAMERA 15 02/15/2025 03/14/2029 BWC Unlimited with TAP 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 2 02/15/2025 03/14/2029 Agenda Item #11.1.
Payment Details
Feb 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 300 $2,340.00 $0.00 $2,340.00 Year 1 80146 AXON BODY - PSO - VIRTUAL STARTER 1 $400.00 $0.00 $400.00 Year 1 BWCUwTAP BWC Unlimited with TAP 15 $17,938.80 $491.22 $18,430.02 Year 1 H00001 AB4 Camera Bundle 15 $2,547.00 $210.13 $2,757.13 Year 1 H00002 AB4 Multi Bay Dock Bundle 2 $655.56 $54.08 $709.64 Total $23,881.36 $755.43 $24,636.79
Feb 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 300 $2,340.00 $0.00 $2,340.00 Year 2 80146 AXON BODY - PSO - VIRTUAL STARTER 1 $400.00 $0.00 $400.00 Year 2 BWCUwTAP BWC Unlimited with TAP 15 $17,938.80 $491.22 $18,430.02 Year 2 H00001 AB4 Camera Bundle 15 $2,547.00 $210.13 $2,757.13 Year 2 H00002 AB4 Multi Bay Dock Bundle 2 $655.56 $54.08 $709.64 Total $23,881.36 $755.43 $24,636.79
Feb 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 300 $2,340.00 $0.00 $2,340.00 Year 3 80146 AXON BODY - PSO - VIRTUAL STARTER 1 $400.00 $0.00 $400.00 Year 3 BWCUwTAP BWC Unlimited with TAP 15 $17,938.80 $491.22 $18,430.02 Year 3 H00001 AB4 Camera Bundle 15 $2,547.00 $210.13 $2,757.13 Year 3 H00002 AB4 Multi Bay Dock Bundle 2 $655.56 $54.08 $709.64 Total $23,881.36 $755.43 $24,636.79
Feb 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 300 $2,340.00 $0.00 $2,340.00 Year 4 80146 AXON BODY - PSO - VIRTUAL STARTER 1 $400.00 $0.00 $400.00 Year 4 BWCUwTAP BWC Unlimited with TAP 15 $17,938.80 $491.22 $18,430.02 Year 4 H00001 AB4 Camera Bundle 15 $2,547.00 $210.13 $2,757.13 Year 4 H00002 AB4 Multi Bay Dock Bundle 2 $655.56 $54.08 $709.64 Total $23,881.36 $755.43 $24,636.79
Feb 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 300 $2,340.00 $0.00 $2,340.00 Year 5 80146 AXON BODY - PSO - VIRTUAL STARTER 1 $400.00 $0.00 $400.00 Year 5 BWCUwTAP BWC Unlimited with TAP 15 $17,938.80 $491.19 $18,429.99 Year 5 H00001 AB4 Camera Bundle 15 $2,547.00 $210.13 $2,757.13 Year 5 H00002 AB4 Multi Bay Dock Bundle 2 $655.56 $54.10 $709.66 Agenda Item #11.1.
Feb 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Total $23,881.36 $755.42 $24,636.78
Agenda Item #11.1.
Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.
Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.
ACEIP:
The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.
Acceptance of Terms:
Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.
Agenda Item #11.1.
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Signature Date Signed
1/3/2024
Agenda Item #11.1.
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Agenda Item #11.1.
QUOTE-2490211
ST HELENA POLICE DEPT, CITY OF
APX4000 RSM Only
01/17/2024
The design, technical, pricing, and other information (“Information”) furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entity providing this quote (“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola.
MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved.
Agenda Item #11.1.
Billing Address:
ST HELENA POLICE DEPT, CITY
OF
1480 MAIN ST
SAINT HELENA, CA 94574
US
Shipping Address:
ST HELENA POLICE DEPT, CITY
OF
1480 MAIN ST
SAINT HELENA, CA 94574
US
Quote Date:01/17/2024
Expiration Date:04/16/2024
Quote Created By:
Ronald Taylor
Ronald.Taylor1@
motorolasolutions.com
End Customer:
ST HELENA POLICE DEPT, CITY OF
Justin Tharp
[email protected]
(707) 967-2856
Contract: 17724 - HGAC (TX)-RA05-21
Payment Terms:30 NET
Line # Item Number Description Qty List Price Disc % Sale Price Ext. Sale Price 1 PMMN4099CL AUDIO ACCESSORYREMOTE SPEAKER
MICROPHONE,IP68
REMOTE SPEAKER
MICROPHONE,3.5MM,UL
15 $142.56 25.0% $106.92 $1,603.80
Subtotal $1,603.80
Estimated Tax $132.31
Grand Total $1,736.11(USD)
Notes:
QUOTE-2490211
APX4000 RSM Only
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Agenda Item #11.1.
Purchase Order Checklist
Purchase Order Checklist
Marked as PO/ Contract/ Notice to Proceed on Company Letterhead (PO will not be processed without this)
PO Number/ Contract Number
PO Date
Vendor = Motorola Solutions, Inc.
Payment (Billing) Terms/ State Contract Number
Bill-To Name on PO must be equal to the Legal Bill-To Name Bill-To Address
Ship-To Address (If we are shipping to a MR location, it must be documented on PO) Ultimate Address (If the Ship-To address is the MR location then the Ultimate Destination address must be documented on PO )
PO Amount must be equal to or greater than Order Total
Non-Editable Format (Word/ Excel templates cannot be accepted) Bill To Contact Name & Phone # and EMAIL for customer accounts payable dept Ship To Contact Name & Phone #
Tax Exemption Status
Signatures (As required)
Agenda Item #11.1.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Administration
DATE: February 27, 2024
FROM: April Mitts, Assistant City Manager
SUBJECT: Consideration and Proposed Approval of a Resolution Authorizing a Lease Agreement Assignment and Estoppel
by and between Pacific Union College and the City of St.
Helena (Lessor), Gallo Vineyards, Inc. (Lessee) and
Precision Vineyards LLC.
RECOMMENDED
ACTION:
Staff recommends approval of the attached resolution.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
PURPOSE:
Lease assignment of property held jointly with Pacific
Union College as part of the Tweed Trust.
FINANCIAL IMPACT: None.
BACKGROUND:
The California Wine Company entered into a lease (Lease) with Darrel Frederick Hopman on or about May 1, 1995. Following the death of Mr. Hopman in 2003, the leasehold property was transferred to Dorothy L. Tweed. Following the death of Ms.
Tweed in 2004, on June 14, 2006 the leasehold property was transferred by grant deed from the Dorothy L. Tweed 2000 Revocable Trust to Pacific Union College (PUC) and to the City of St. Helena (held jointly).
On May 9, 2007, California Wine Company assigned all of its right, title and interest in, to and under the Lease to Gallo Vineyards, Inc.
DISCUSSION:
On December 6, 2023, an attorney for E. & J. Gallo Winery ("Gallo") reached out to both the City of St. Helena and PUC stating that Gallo has agreed to assign its interest in the Lease to Precision Vineyards LLC ("Precision") and requested Pacific Union College (PUC) and the City consent to the assignment of the Lease.
The Lease may be assigned by Gallo with prior written consent by the City and PUC, which shall not be unreasonably withheld pursuant to Section 6 of the Lease. The assignment to Precision does not change the terms of the Lease, except for substituting Precision in place of Gallo as the new lessee.
Precision is a subsidiary of Jean Claude Boisset Wines U.S.A., Inc., and is capable of meeting the tenant obligations under the Lease.
Agenda Item #11.2.
Staff recommends City Council approve assignment of the Lease to Precision. The Lease Agreement Assignment and Estoppel is provided as Attachment 1.
ENVIRONMENTAL REVIEW: N/A
DOCUMENTS ATTACHMENTS:
Attachment 1 - Hopman Lease Agreement Assignment
Resolution
Agenda Item #11.2.
LEASE AGREEMENT
ASSIGNMENT AND ESTOPPEL
This Lease Agreement Assignment and Estoppel (this "Assignment") is entered into as of February 15, 2024, by and between PACIFIC UNION COLLEGE, a California non-profit religious corporation, as to an undivided fifty percent (50%) ownership interest, and THE CITY OF ST. HELENA, a municipal corporation, as to an undivided fifty percent (50%) ownership interest (together, hereafter "Lessor"), GALLO VINEYARDS, INC. a California corporation (hereafter "Lessee") and PRECISION VINEYARDS LLC, a California limited liability company (hereafter "Precision"), for good and valuable consideration, subject to the following terms and conditions.
WHEREAS, The California Wine Company, a California corporation (“California Wine Company”) entered into a lease with Darrel Frederick Hopman ("Hopman") on or about May 1, 1995, a true and correct copy of which is attached hereto and incorporated herein as Exhibit "A" (the “Lease");
WHEREAS, following the death of Darrel Frederick Hopman on or about October 26, 2003, the leasehold property was transferred to Dorothy L. Tweed; WHEREAS, Dorothy L. Tweed died on or about April 23, 2004 and on June 14, 2006 the leasehold property was transferred by grant deed from the Dorothy L. Tweed 2000 Revocable Trust to the Lessor;
WHEREAS, California Wine Company assigned all of its right, title and interest in, to and under the Lease to Lessee on or about May 9, 2007;
WHEREAS, on September 30, 2022 (the “Effective Date”), Precision purchased Lessee's property at 2350 Lower Chiles Valley Road and agreed to become the assignee of all of Lessee's right, title and interest and obligations under the terms of the Lease in accordance with the terms thereof and subject to obtaining Lessor’s prior written consent; WHEREAS, Precision wishes to be assured that the Lease is in full force and effect and that no breaches have occurred or are threatened thereunder; and WHEREAS, the Lease may be assigned by Lessee with Lessor's prior written consent, which shall not be unreasonably withheld, pursuant to Section 6 of the Lease.
NOW, THEREFORE, the parties do agree as follows:
1. Lessee hereby assigns to Precision all of Lessee's right, title and interest under the Lease, which assignment shall be effective as of the Effective Date, and subject to the Lease.
2. Precision agrees to assume all the obligations of Lessee under the Lease from and after the Effective Date.
3. Lessor accepts and agrees to this assignment of the Lease from Lessee to Precision and agrees, as of the Effective Date.
4. Each of Lessor and Lessee agrees and represents to Precision and to each other that as of the date this Assignment is executed, the Lease is in full force and effect, binding and Agenda Item #11.2.
benefiting the Lessor and Lessee according to its terms, that to its knowledge no breaches by either party currently exist, have occurred or are threatened under the Lease, neither Lessee nor Lessor has any claim for breach against the other under the Lease and all payments and other obligations of Lessee under the Lease to date have been duly made or performed.
5. This Assignment does not change the terms of the Lease, except for substituting Precision in place of Lessee as the new lessee thereunder.
6. The parties will sign the memorandum of this Assignment attached hereto as Exhibit “B” which is incorporated herein by this reference which Precision may record in Napa County subject to and upon the occurrence of the Closing.
7. This Assignment may be executed in one or more counterparts. A copy of this Assignment with original signatures appended shall constitute an original. [Signatures on Next Page]
Agenda Item #11.2.
IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and year first written above.
Lessor:
Pacific Union College,
a California non-profit religious corporation
By:
Name:
Its:
Lessor:
City of St. Helena,
a municipal corporation
By:
Name:
Its:
Lessee:
Gallo Vineyards, Inc., a California corporation
By:
Name: Jim Collins
Its: Vice President Vineyard Management
Precision:
Precision Vineyards LLC,
a California limited liability company
By:
Name: Trevor Sheehan
Its: Principal Member
Jean Claude Boisset Wines U.S.A., Inc.,
Managing Member of Precision
By:
Name: Lisa Heisinger
Title: CEO
Agenda Item #11.2.
Exhibit A
Exhibit A
to
Lease Agreement
Assignment And Estoppel
COPY OF LEASE
(Attached).
Agenda Item #11.2.
Agenda Item #11.2.
Agenda Item #11.2.
Agenda Item #11.2.
Agenda Item #11.2.
Agenda Item #11.2.
Agenda Item #11.2.
Agenda Item #11.2.
Agenda Item #11.2.
Agenda Item #11.2.
Agenda Item #11.2.
Agenda Item #11.2.
Agenda Item #11.2.
Agenda Item #11.2.
Agenda Item #11.2.
Agenda Item #11.2.
Agenda Item #11.2.
Agenda Item #11.2.
Agenda Item #11.2.
Agenda Item #11.2.
Exhibit B
Exhibit B
to
Lease Agreement
Assignment And Estoppel
RECORDING REQUESTED BY AND
WHEN RECORDED, MAIL TO:
________________________
________________________
________________________
Attn: ____________________
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE)
MEMORANDUM OF LEASE ASSIGNMENT
This Memorandum of Lease Assignment (“Memorandum”) is made and entered into as of ______________, ___, 2024, by and between Pacific Union College, a California non-profit religious corporation and The City of St. Helena, a municipal corporation (collectively “Lessor”) and Precision Vineyards LLC, a California limited liability company (“Lessee”).
RECITALS
A. Darrel Frederick Hopman, as lessor, and The California Wine Company, a California corporation (“California Wine Company”), as lessee, entered into that certain Lease on or about May 1, 1995 (the “Original Lease”) for the leased premises containing seventyeight (78) acres, more or less, in Napa County, which leased premises are more particularly described on Exhibit 1 attached hereto and incorporated herein by this reference (the “Premises”).
B. Following the death of Darrel Frederick Hopman title to the Premises was transferred to Dorothy L. Tweed. Following the death of Dorothy L. Tweed title to the Premises was transferred by Dorothy L. Tweed 2000 Revocable Trust to Lessor.
C. On or about May 29, 2007, the California Wine Company assigned all of its right, title and interest as lessee under the Original Lease to Gallo Vineyards, Inc., a California corporation (“Gallo”) pursuant to the terms of that certain Assignment of Lease Agreement and Estoppel (the “Gallo Assignment”).
D. Effective on or about September 30, 2022, Gallo agreed to assign all of its right, title and interest as lessee under the Original Lease to Lessee pursuant to and in accordance with the terms of that certain Lease Agreement Assignment and Estoppel (the “Precision Assignment”). The Original Lease as modified by the Precision Assignment is referenced herein as the “Lease.”
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee hereby agree as follows:
Agenda Item #11.2.
Exhibit B
1. Interpretation. The purpose of this Memorandum is to give notice of the existence of the Lease and the need for all interested parties to inquire further about the terms and conditions of the Lease. The Lease is incorporated in this Memorandum by reference as if set forth in full herein. If there is any inconsistency between any provisions of this Memorandum and any provisions of the Lease, the provisions of the Lease shall control.
2. Lease Term. The term of the Lease expires on November 30, 2029.
3. Option to Purchase. The Lease provides that should Lessor elect and wish to sell the leased premises to a third party, the Lessee has a continuing first option to purchase the leased premises, as is set forth in greater detail in Section 13 of the Lease.
4. Counterparts. This Memorandum may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
The parties hereto, for good and valuable consideration, have executed this Memorandum on the dates set forth below.
Lessor:
Pacific Union College,
a California non-profit religious corporation
By: EXHIBIT – DO NOT SIGN
Name:
Its:
Lessor:
City of St. Helena,
a municipal corporation
By: EXHIBIT – DO NOT SIGN
Name:
Its:
Lessee:
Precision Vineyards LLC,
a California limited liability company
By: EXHIBIT – DO NOT SIGN
Name:
Its:
Jean Claude Boisset Wines U.S.A., Inc.,
Managing Member of Lessee
By: EXHIBIT – DO NOT SIGN
Name: _____________________________
Title:_______________________________
Agenda Item #11.2.
Exhibit B
Exhibit 1
To
Memorandum of Lease Assignment
Legal Description of Premises
Agenda Item #11.2.
CITY OF ST. HELENA
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ST. HELENA AUTHORING A LEASE AGREEMENT
ASSIGNMENT AND ESTOPPEL FROM GALLO
VINEYARDS, INC. TO PRECISION VINEYARDS LLC.
WHEREAS, The California Wine Company, a California corporation (“California Wine Company”) entered into a lease with Darrel Frederick Hopman ("Hopman") on or about May 1, 1995, (the “Lease");
WHEREAS, following the death of Darrel Frederick Hopman on or about October 26, 2003, the leasehold property was transferred to Dorothy L. Tweed; WHEREAS, Dorothy L. Tweed died on or about April 23, 2004 and on June 14, 2006 the leasehold property was transferred by grant deed from the Dorothy L. Tweed 2000 Revocable Trust to the Pacific Union College, as to an undivided 50% ownership interest and the City of St. Helena, as to an undivided 50% ownership (“Lessor”); WHEREAS, California Wine Company assigned all of its right, title and interest in, to and under the Lease to Gallo Vineyards, Inc. (“Lessee”) on or about May 9, 2007; WHEREAS, on December 6, 2023, Gallo requested the Lessor agree to the assignment of its interest in the Lease to Precision Vineyards LLC; WHEREAS, the Lease may be assigned by Lessee with Lessor's prior written consent, which shall not be unreasonably withheld, pursuant to Section 6 of the Lease.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. HELENA AS FOLLOWS:
SECTION 1. The City Council of the City of St. Helena hereby authorizes the assignment of the Lease from Gallo Vineyards, Inc. to Precision Vineyards LLC.
SECTION 2. The City Manager is authorized to execute the Lease Agreement Assignment and Estoppel.
Approved at a Regular Meeting of the St. Helena City Council on February 27, 2024, by the following vote:
Agenda Item #11.2.
Mayor Paul Dohring: ____
Vice Mayor Eric Hall: ____
Council Member Anna Chouteau: ____
Council Member Billy Summers: ____
APPROVED: ATTEST:
______________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #11.2.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: February 27, 2024
FROM: Ian Dale, Environmental Services Tech
SUBJECT: January 2024 Review and Forecasting of City Water Supply Availability.
GOAL: Goal 3: Pursue Water Security & Sustainable
Management of Water Resources
RECOMMENDED
ACTION:
Receive and file.
PREVIOUS COUNCIL
ACTION:
Monthly Receive and File reports to City Council.
STATEMENT OF THE
PURPOSE:
To provide monthly updates of the amount of water
produced at the Louis Stralla Water Treatment Plant and the Stonebridge Potable Water Wells, and potable water
delivered from the City of Napa.
FINANCIAL IMPACT: None.
BACKGROUND:
The City of St. Helena publishes a monthly water report on the City website (www.cityofsthelena.org/publicworks/page/water-reports). The report includes the amount of water produced at the Louis Stralla Water Treatment Plant and the Stonebridge Potable Water Wells, and potable water delivered from the City of Napa. In addition to presenting data on the amount delivered monthly, the report includes yearto-date information and prior year data. Water elevation and capacity at the Bell Canyon Reservoir is included as well as information on rain and temperatures.
At the City Council meeting of May 9, 2023, the City Council adopted Resolution 2023- 46 adopting City Council goals for FY 2023-24. Five new City Council Goals for FY 2023-24 which include Goal 1: Financial Sustainability, Goal 2: Infrastructure and Environmental Sustainability, Goal 3: Water Security, Goal 4: Community Information and Engagement, and Goal 5: Quality of Life. City Council has the responsibility of establishing broad goals and the City's leadership has the responsibility to develop a work plan to achieve them.
DISCUSSION:
In connection with City Council Goal 2, City staff has developed a forecasting tool to facilitate its ability to optimize water use and track water availability. Included as Attachment 1 is the Monthly Water Report for January 2024. The water produced for January 2024 is up by 43% when compared to January 2023 and is up by 30% Agenda Item #11.3.
compared to the average of January 2018-2020. Below is a chart summarizing the water produced per source:
Water Produced per Source
Source
Average (2018 -
2020)
(Acre-Feet)
January 2023
(Acre-Feet)
January 2024
(Acre-Feet)
Bell Canyon 41 13.97 12.64
Stonebridge Wells 4 15.93 43.62
Napa Water 37 45.60 50.95
Total 82 75.5 107.21
Percent change from January 2023: 43%
Percent change from average of January 2018 - 2020: 30% Bell Canyon Reservoir
The City is no longer in water emergency conditions based upon the Phase I Water Emergency measures being terminated by City Council adopting Resolution No. 2023- 94 on July 25, 2023. Bell Canyon Reservoir has adequate water to support the City's needs through this calendar year. The storage in Bell Canyon graph (Attachment 2) has been revised to include historic reservoir supply levels since July 2021. It also shows the water availability forecast through June 2024 based on the highest water usage during a non-drought year (FY 2019/20) and 10 inches of rainfall (lowest recorded).
As of February 1, 2024, Bell Canyon Reservoir elevation was at 422 feet representing approximately 2,383.69 acre feet (AF) and 100% capacity. Bell Canyon spillway level is 422 feet representing 2,383.69 acre feet in water supply volume. Below is a chart comparing Bell Canyon elevation levels, water supply availability in acre feet, and percent capacity of the reservoir on February 1st in 2022, 2023, and 2024.
Year 2022 2023 2024
Bell Canyon Elevation Level 420.89 Ft. 421.77 Ft. 422 Ft.
Acre Feet 2,289.00 AF 2,366.25 AF 2,383.69 AF
Percent Capacity 96.4% 99.3% 100%
As a follow up to the May 24, 2022, City Council meeting, staff developed a graph (Attachment 3) highlighting the relationship between the reservoir elevation level and water supply availability in acre feet. The graph shows the current status of the reservoir. Furthermore, the graph also displays the points where City Council decided to declare Phase I and Phase II Water Emergencies in 2020.
Continued Water Conservation
California experienced two consecutive dry years 2020 and 2021. Due to the combination of warmer-than-average temperatures and minimal precipitation in the state, the Department of Water Resources (DWR) declared 2021 as the fourth-driest Agenda Item #11.3.
year on record statewide. The record-breaking dry period in January and February 2022, and the absence of significant rains in March 2022, required DWR to reduce anticipated deliveries from the State Water Project (SWP). However, the reduction at the time did not affect St. Helena as the City has multiple robust water sources not affected by the executive order. Water availability from the Bell Canyon reservoir is based on the City's State Water Rights permit and not the SWP. The City has not received any curtailment order from DWR nor does the City anticipate receiving one.
It should be noted that on July 25, 2023, the City Council adopted Resolution No. 2023- 94 to formally end the Phase I Water Emergency. The projected demand on the system versus the anticipated rainfall over the next year reflects an available supply in Bell Canyon approximately 1,895 acre-feet, significantly above the 1,481 acre-feet standard for declaration of a Phase I Water Emergency. Staff will monitor State-wide and local drought conditions, weather conditions, and provide updates on a monthly basis. The corresponding staff report provided a variety of data to reflect the disposition of the water supply at that time in relation to the Council-adopted Safe Yield Policy.
City of Napa Water Supply
Normal operations continue at Rutherford Pump Station (RPS) and the City is taking delivery of the allotment purchased from City of Napa. During the month of January 2024, Rutherford Pump Station was producing an average of 0.53 MG/day for a total of
50.95 acre feet (AF) for the month.
ENVIRONMENTAL REVIEW: Not applicable.
DOCUMENTS ATTACHMENTS:
Attachment 2 - Bell Canyon Water Storage Forecast
Attachment 3 - Bell Canyon Reservoir Storage Phase I II MWR January 1-31 2024
Agenda Item #11.3.
BellCanyon Water Storage Forecast
Assumes: (1) Highest usage during non—drought year (FY2019/20) (2) 10" of Rainfall (Lowest Recorded)
2500
2383 2333 2383 2330
2356
2383
2250
2000
1750
,3
1500
E Entered Phase 1 - 1,431 Acre Ft.
‘E’ 1250
Historic Projected
1000
Entered Phase 2 - 939 Acre Ft.
\ 826
750 \\ 741
V 683
50° 596 Acre Feet*
250
25% reserve for fire
Agenda Item #11.3.
Agenda Item #11.3.
CITY OF ST. HELENA
MONTHLY WATER REPORT
CC: CC __X__ PC__X__ FILE _____
RECEIVED: _____ BY: __
LOUIS STRALLA
WATER PLANT
TK #1 & #2
ADJUST
12.64 4.12 -0.14
11.8% -0.4%
34.92 MG MG
n/a MG MG
n/a MG MG
1.12 MG MG
% %
221.74 AF 25.4% 321.53 AF 39.6%
72.23 MG 104.73 MG
351.21 AF 40.2% 328.31 AF 40.4%
114.40 MG 106.94 MG
300.44 AF 34.4% 161.87 AF 19.9%
97.86 MG 52.73 MG
TOTAL WATER PRODUCED 873.39 AF 100.0% 811.71 AF 100.0%
DELIVERY (ALL)
0.01 0.01
422.00 FT. FT.
5.09 FT. FT.
2383.69 AF AF
100.0 % %
7.29 IN IN
14.95 IN IN
DISCLAIMER: The data presented in this report is approximate and for informational purposes only. -0.44
January 1-31, 2024
STONEBRIDGE
POTABLE
WELLS
SBW
IRRIGATION
WATER
NAPA WATER
THIS YEAR LAST YEAR
AMOUNT PRODUCED in AF 43.62 0.04 50.95
AMOUNT PRODUCED in MG 14.21 0.01 16.60
PERCENT 40.9% 47.7%
WATER PRODUCED DELIVERY (AGGREGATE)
TOTAL PRODUCED THIS PERIOD 24.59
MAXIMUM DAILY PRODUCED 1.23
MINIMUM DAILY PRODUCED 0.67
AVERAGE DAILY PRODUCED 0.79
WATER YEAR TOTALS
THIS FISCAL YEAR LAST FISCAL YEAR
LOUIS STRALLA WATER PLANT
NAPA WATER
STONEBRIDGE POTABLE WELLS
SBW IRRIGATION WATER
THIS MONTH THIS MONTH, LAST YR.
ELEVATION BELL CANYON RESERVOIR 421.77
STONEBRIDGE APARTMENTS MG/Jan. 1 -31 0.00 MG/Jan. 1-31
WATER ELEVATION, CAPACITY & RAINFALL
THIS FISCAL YEAR LAST FISCAL YEAR
NAPA VALLEY COLLEGE MG/Jan. 1 -31 0.00 MG/Jan. 1-31
TEMPERATURES
MONTHLY RISE OR DROP -0.50
CAPACITY AT END OF PERIOD 2366.25
PERCENT OF FULL CAPACITY 99.3
RAINFALL IN THIS PERIOD 9.82
TOTAL RAINFALL SEASON TO DATE 21.64
THIS MONTH, THIS YEAR THIS MONTH, LAST YR.
DEGREES IN FAHRENHEIT 35.4-75.2 30-71
Updates will be provided if any errors are identified.
AVERAGE 55.3 50
REMARKS
City of Napa Water Delivery: RPS producing an average of 0.53 MG/day during January 2024.
Agenda Item #11.3.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Planning
DATE: February 27, 2024
FROM: Maya DeRosa, Community Development Director
SUBJECT: Consideration and Adoption of a Resolution awarding a Professional Services Agreement with Dyett and Bhatia
Planning Consultants for preparation of the City's
Downtown Specific Plan in an Amount Not-to-Exceed
$500,000 and authorizing the City Manager to execute the agreement.
GOAL: Goal 5: Enhance Quality of Life
RECOMMENDED
ACTION:
Staff is recommending the City Council approve a
resolution awarding a Professional Services Agreement
with Dyett and Bhatia Planning Consultants for preparation of a Downtown Specific Plan in an Amount Not To Exceed
$500,000 and authorizing the City Manager to execute the agreement.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
PURPOSE:
The purpose of the Downtown Specific Plan is to adopt a unified policy, program, and implementation plan for the study area to enhance the public realm in the study area while identifying opportunity sites for revitalization.
FINANCIAL IMPACT: The Financial Impact of $500,000 has been included in the FY 2023-24 Operating Budget and is available in account 101-45-00-00-21-11.
BACKGROUND:
A Specific Plan is an important planning tool to guide both redevelopment in the downtown study area and propose streetscape improvements/placemaking in the public realm. One of the recommendations of the ULI TAP report is that the City should prepare a Downtown Specific Plan to help further revitalize the downtown and attract further investment. Subsequently the City Council approved $500,000 in funding for a Downtown Specific Plan as part of the FY 2023-2024 budget.
This Downtown Specific Plan will set a vision and policy plan tor the proposed study area that will be rooted in a comprehensive public engagement strategy with community workshops, joint meetings of the Planning Commission and City Council, and affiliated boards and commissions such as the Parks and Recreation Commission and Active Transportation and Sustainability Committee (ATSC). The scope of work includes Agenda Item #11.4.
meetings with a Specific Plan Steering Committee that will provide feedback throughout the process to staff and consultant team.
The plan will include a number of technical studies including a parking study, market study, and traffic study that will help inform developing a preferred plan. Catalytic sites will be identified for future buildout within the study area which may result in future General Plan Amendments. Ultimately, the Specific Plan will act as a zoning overlay with development standards and uses that reflect the community vision. An Implementation Chapter will assess future improvements needed to realize the plan buildout, with a cost and funding strategy. A CEQA document will be prepared concurrently which will streamline the approval process for future development within the Specific Plan.
DISCUSSION:
In November 2023, the City released a Request for Proposals (RFP) to solicit consultants to assist in the preparation of a Downtown Specific Plan. The City received seven proposals in response to the RFP and a proposal review team was formed with four City staff across multiple departments. After reviewing and scoring all the proposals, there were two top consulting firms, SERA Design and Dyett and Bhatia, with a score of 75 and a score of 76 respectively. The two firms were invited to participate in an in person interview. While both firms possessed different strengths and approaches to the project, the proposal review team ultimately selected Dyett and Bhatia for their exceptional experience preparing Specific Plans, familiarity with St. Helena from their work on the Specific Plan, having in-house CEQA team, the qualifications of the subconsultants, and competitive fee pricing within the City's budget.
The Specific Plan is expected to be a two year process with a robust public engagement strategy that will be the first phase of the work plan following contract approval. Several stakeholders will be invited to participate in the process.
ENVIRONMENTAL REVIEW: None.
DOCUMENTS ATTACHMENTS:
Resolution Dyett Bhatia Agreement
PSA Dyett and Bhatia Downtown Specific Plan 2-27-2024_(w attachment) Agenda Item #11.4.
CITY OF ST. HELENA
RESOLUTION NO. 2024-
RESOLUTON OF THE COUNCIL OF THE CITY OF ST. HELENA AWARDING A
PROFESSIONAL SERVICES AGREEMENT TO DYETT AND BHATIA
CONSULTANTS FOR PREPARATION OF THE CITY OF ST. HELENA’S DOWNTOWN SPECIFIC PLAN IN AN AMOUNT NOT-TO-EXCEED $500,000
RECITALS
A. On Friday, November 17th, 2023, the City of St. Helena issued a Request for Proposal (RFP) for the City’s Downtown Specific Plan (DSP); and B. At the close of the RFP on December 21, 2023, seven proposals were submitted to the City for the services requested; and
C. After review of the proposals received, two firms were selected to be interviewed; and
D. Following the interviews, staff recommended Dyett and Bhatia Planning Consultants be awarded a Professional Services Agreement (PSA) for preparation of the DSP; and
E. Dyett and Bhatia has demonstrated they have skills and knowledge to complete the DSP; and
F. Dyett and Bhatia is a professional planning firm that specializes in general plans, specific plans, and zoning code practices in California. Having recently completed Specific Plans for Sonoma County, Santa Rosa, Pacifica, Union City, Livermore, San Bruno and Pleasanton, Dyett and Bhatia is one of the Bay Area leaders in Specific Plan preparation; and
G. City and Consultant now desire to enter into a PSA for the Downtown Specific Plan; and
H. The total contract is for a not-to-exceed amount of $500,000.
RESOLUTION
The City Council of the City of St. Helena hereby resolves as follows:
1. The City Council approves a Professional Services Agreement with Dyett and Bhatia Planning Consultants for preparation of the City’s Downtown Specific Plan for a total contract amount not-to-exceed $500,000; and Agenda Item #11.4.
2. The City Council authorizes the City Manager to execute the agreement on behalf of the City.
Approved at a Regular Meeting of the St. Helena City Council on February 27, 2024, by the following vote:
Mayor Dohring: __________
Vice Mayor Hall: __________
Councilmember Chouteau: __________
Councilmember Summers: __________
APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #11.4.
[Dyett and Bhatia] [February 27,2024]
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on February 27, 2024 by and between the City of St. Helena, located in the County of Napa, State of California (City), and Dyett and Bhatia (Consultant).
RECITALS:
A. City desires to employ Consultant to furnish professional services in connection with the project described as the Downtown Specific Plan.
B. Consultant has represented that Consultant has the necessary expertise, experience, and qualifications to perform the required duties.
NOW, THEREFORE, in consideration of the mutual premises, covenants, and conditions herein contained, the parties agree as follows:
SECTION 1 – BASIC SERVICES
Consultant agrees to perform the services set forth in Exhibit A, “Scope of Services” and made part of this Agreement.
SECTION 2 – ADDITIONAL SERVICES
Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to or outside of those set forth in this Agreement or Exhibit A, “Scope of Services” (the “Services”), unless such additional Services and compensation are authorized in advance and in writing by the City Council or City Manager of the City.
SECTION 3 – TIME FOR COMPLETION
The time for completion of Services shall be as identified in Exhibit A, “Scope of Services”. The parties expressly agree that time is of the essence in the performance of this Agreement.
SECTION 4 – COMPENSATION AND METHOD OF PAYMENT
A. Subject to any limitations set forth in this Agreement, City agrees to pay consultant the amount specified in Exhibit A, “Compensation” attached hereto and made a part hereof. Total compensation shall not exceed $500,000 unless additional compensation is approved in accordance with Section 2.
B. Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories if applicable: labor (by sub-category), travel, materials, equipment, supplies, subconsultant contracts, and miscellaneous expenses. Each original invoice furnished shall include the expenses incurred during the preceding month, the cumulative Agreement amount, Agenda Item #11.4.
[Dyett and Bhatia] [February 27,2024]
and the amount remaining on the Agreement. City shall independently review each invoice submitted to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. If no charges or expenses are disputed, the invoice shall be approved, and City will use its best efforts to cause Consultant to be paid within 30 days of receipt of invoice. If the City disputes any charges or expenses, the City will return the original invoice to Consultant for correction and resubmission. If the City reasonably determines, in its sole judgment, that the invoiced charges and expenses exceed the value of the Services performed to date and that it is probable that the Agreement will not be completed satisfactorily within the contract price, City may retain all or a portion of the invoiced charges and expenses.
Within thirty (30) days of satisfactory completion of the project, City shall pay the retained amount, if any, to Consultant.
C. Payment to the Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
SECTION 5 – STANDARD OF PERFORMANCE
A. Consultant represents that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons in the same or similar geographical area engaged in providing Services similar to those required of Consultant under this Agreement.
B. In order to induce City to enter into this Agreement, Consultant represents that it is duly organized, existing and in good standing under applicable state law; Consultant is qualified to perform all aspects of the Services; Consultant will employ only persons and Subconsultants with all required licenses and certifications where applicable to the professional discipline; that Consultant is duly qualified to conduct business in the State; that Consultant has duly authorized the execution, delivery and performance of this Agreement and the Services to be performed herein; and that the Agreement does not violate or create a default under any instrument, agreement, order or decree binding on Consultant.
SECTION 6 – INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City, unless the parties mutually agree to extend such deadline. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects and fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, the sections pertaining to indemnification and insurance.
SECTION 7 – INSURANCE REQUIRED
Agenda Item #11.4.
[Dyett and Bhatia] [February 27,2024]
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees, as indicated:
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
B. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations, as applicable. If Commercial General Liability Insurance or other form with a General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
C. Professional Liability Insurance. When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, environmental engineer or other professional engineer, or land surveyor (“design professional”), Consultant shall maintain at least $2,000,000 of professional liability insurance. When Consultant is not a design professional, Consultant shall maintain at least $1,000,000 of professional liability insurance combined single limit for each occurrence, insuring against professional errors and omissions in the Services performed by Consultant under this Agreement, including, without limitation, claims for negligence, misrepresentation, violation of good faith and fair dealing, and inaccurate advise arising out of, resulting from, or in connection with Services performed by Consultant under this Agreement.
D. Excess Limits. If Consultant maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
E. Primary Coverage. For any claims related to this contract the Consultants insurance coverage shall be primary insurance as respects to City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Consultants insurance and shall not contribute with it.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured Agenda Item #11.4.
[Dyett and Bhatia] [February 27,2024]
retentions of $25,000 or greater must be declared to and approved by the City.
G. Other Insurance Provisions. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its agent, officers, officials, employees, and volunteers are to be covered as additional insured as respects: liability arising out of work or operations performed by the Consultant or Consultant’s subconsultants; or automobile owned, leased, hired or borrowed by the Consultant.
2. For any claims related to Consultant’s conduct while performing the work of this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its agents, officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its agents, officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subsection (b) of Section 2782 of the Civil Code.
H. Waiver of Subrogation. Consultant’s commercial general liability, automobile liability, workers’ compensation, and employer’s liability policies shall be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its agents, officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.
I. The Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
J. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on forms that conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
SECTION 8 – INDEMNIFICATION
A. To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), as may be applicable, Consultant shall indemnify, defend, and hold harmless City, its agents, officers, officials, employees, representatives, and volunteers from any and all claims, demands, suits, loss, damages, injury, and/or liability (including any and all costs and expenses in connection therewith, including legal fees and expert witness costs) (collectively, “Liabilities”), incurred by reason of any negligent or otherwise wrongful act or Agenda Item #11.4.
[Dyett and Bhatia] [February 27,2024]
omission of Consultant, its officers, agents, employees, subconsultants, and subcontractors, or any of them, under or in connection with this Agreement; and Consultant agrees at its own cost, expense and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against City, its agents, officers, officials, employees and volunteers, or any of them, arising out of, pertaining to, or relating to such negligent or otherwise wrongful act or omission, and to pay and satisfy any resulting judgments.
B. When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, professional engineer, or land surveyor (i.e., a “design professional,” pursuant to Civil Code § 2782.8(c)), the provisions of this section regarding Consultant’s duty to defend and indemnify apply only to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant.
C. If any action or proceeding is brought against Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify Indemnitees as provided above, Consultant, upon notice from City, shall defend Indemnitees at Consultant’s expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to Indemnification in order to be so indemnified. The insurance required to be maintained by Consultant shall ensure Consultant’s obligations under this section, but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement.
D. The provisions of this section do not apply to claims to the extent occurring as a result of the City’s sole negligence, active negligence, or willful acts or misconduct.
E. Duty to Cooperate. Each party shall notify the other party immediately in writing of any claim or damage related to activities or Services performed under this Agreement. The parties shall cooperate with each other in the investigation and disposition of all Liabilities arising out of the activities or Services under this Agreement.
F. In the event that Consultant executes any subconsulting agreements in connection with the Services performed under this Agreement, Consultant shall place in all such subconsulting agreements, and cause its subconsultants to agree to, the indemnity and insurance obligations in favor of City and other Indemnitees, as provided herein, in the exact form and substance of those contained in this Agreement.
SECTION 9 – INDEPENDENT CONTRACTOR STATUS
A. Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner or to incur an obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
B. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control Agenda Item #11.4.
[Dyett and Bhatia] [February 27,2024]
over the conduct of Consultant or any of Consultant’s officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees or agents are in any manner officials, officers, employees or agents of City.
C. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
SECTION 10 – CONFLICTS OF INTEREST AND ANTI-FRAUD AND ANTICORRUPTION POLICIES A. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts with the interests of City in the performance of this Agreement.
B. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related Services for other governmental agencies and private parties. Consultant is aware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
C. Consultant understands and acknowledges City maintains an anti-fraud and anticorruption policy to protect the City, its operations, and its employees from and against financial risks, operational breaches, and unethical, fraudulent and corrupt activities. Consultant represents and warrants that Consultant, its subcontractor(s) / subconsultant(s) and their respective employees providing Services pursuant to the Agreement are (1) in good standing; (2) have not been previously investigated, convicted, or debarred for fraudulent or corrupt activities; (3) will not participate in fraudulent or corrupt activities, and (4) will take steps to ensure that its employees and subcontractor(s) / subconsultant(s) employees do not participate in any fraudulent or corrupt activities. Consultant acknowledges and agrees further that it has a duty to and will report to City any information or incident(s) about possible fraudulent or corrupt activities Consultant may discover, and will cooperate in any fraud or corruption investigation conducted, with respect to Consultant’s service provided pursuant to this Agreement.
SECTION 11 – OWNERSHIP OF DOCUMENTS
A. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing any Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. When requested by City, but no later than three years after project Agenda Item #11.4.
[Dyett and Bhatia] [February 27,2024]
completion, Consultant shall deliver to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
B. All copyrights, patents, trade secrets, or other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, improvements, developments, works of authorship, or other products developed or created by Consultant during the course of providing Services (collectively the “Work Product”) shall belong exclusively to City. The Work Product shall be considered a “work made for hire” within the meaning of Title 17 of the United States Code. Without reservation, limitation, or condition, Consultant hereby assigns, at the time of creation of the Work Products, without any requirement of further consideration, exclusively and perpetually, any and all right, title, and interest Consultant may have in the Work Product throughout the world, including without limitation any copyrights, patents, trade secrets, or other intellectual property rights, all rights of reproduction, all rights to create derivative works, and the right to secure registrations, renewals, reissues, and extensions thereof.
SECTION 12 – CONFIDENTIAL INFORMATION; RELEASE OF
INFORMATION
A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
B. Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered “voluntary” provided consultant gives City notice of such court order or subpoena.
C. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.
D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite such response.
Agenda Item #11.4.
[Dyett and Bhatia] [February 27,2024]
SECTION 13 – SUSPENSION OF WORK
City may, at any time, by ten (10) days written notice suspend further performance by Consultant. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner and Consultant shall be paid for Services performed and reimbursable expenses incurred prior to the suspension date.
SECTION 14 – COMPLIANCE WITH LAW
Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
SECTION 15 – COMPLIANCE WITH CIVIL RIGHTS
During the performance of this contract, Consultant agrees as follows:
A. Equal Employment Opportunity. In connection with the execution of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, ancestry, age, sexual orientation, gender, gender identity and gender expression as protected categories specifically and expressively in that category, physical handicap, medical condition, marital status, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.
B. Nondiscrimination Civil Rights Act of l964. Consultant will comply with all federal regulations relative to nondiscrimination to federally-assisted programs.
C. Solicitations for Subcontractors including Procurement of Materials and Equipment.
In all solicitations, either by competitive bidding or negotiations, made by Consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor, supplier, or lessor shall be notified by Consultant of Consultant’s obligations under this Agreement and the regulations relative to nondiscrimination.
SECTION 16 – COMPLIANCE WITH CALIFORNIA LABOR CODE
REQUIREMENTS
A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and Agenda Item #11.4.
[Dyett and Bhatia] [February 27,2024]
harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
B. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
C. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
SECTION 17 – AUDIT AND INSPECTION OF RECORDS
A. Records of Consultant’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to City if and when required for a period of up to 3 years from the date of Consultant’s final invoice.
B. Consultant shall maintain all documents and records prepared by or furnished to Consultant during the course of performing the Services for at least three (3) years following completion of the Services. Such records include, but are not limited to, correspondence, internal memoranda, technical reports and investigations, calculations, books and accounts, accounting records documenting its work under its Agreement, and invoices, payrolls, records and all other data related to matters covered by this Agreement.
C. Consultant shall permit City to audit, examine and make copies, excerpts and transcripts from such records, and the Consultant shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any matter whatsoever for three (3) years Agenda Item #11.4.
[Dyett and Bhatia] [February 27,2024]
after City makes the final or last payment or within three (3) years after any pending issues between City and Consultant with respect to this Agreement are closed, whichever is later.
SECTION 18 – LIMITATION OF LIABILITY
A. Consultant agrees that any liability of City arising in connection with this Agreement shall be limited exclusively to the City-entity identified as the “City” under this Contract. Under no circumstance shall any other City-entity be liable to Consultant under any theory, whether in contract, tort, or otherwise, and Consultant waives unconditionally any such claims. Consultant hereby waives and release other City-entites from any liability under this Agreement.
B. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed hereunder.
SECTION 19 – COOPERATION BY CITY
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Exhibit A, “Scope of Services”, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.
SECTION 20 – NOTICES
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by facsimile or first class mail, addressed as follows:
To City: City Manager
1088 College Avenue
St. Helena, California 94574
To Consultant: Rajeev Bhatia
Dyett and Bhatia
4001 Howe Street
Oakland, CA 94611
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, or, if mailed, three (3) days after deposit in the custody of the U.S. Postal Service.
SECTION 21 – TERMINATION
Agenda Item #11.4.