AGENDA
CITY OF WATSONVILLE
CITY COUNCIL MEETING
Working with our community to create positive impact through service with heart.
Values: Teamwork, Integrity, Honesty, Service and Respect Mayor Ari Parker, District 7
Eduardo Montesino, Mayor Pro Tempore, District 1
Vanessa Quiroz-Carter, Council Member, District 2
Lowell Hurst, Council Member, District 3
Francisco Estrada, Council Member, District 4
Rebecca J. Garcia, Council Member, District 5
Jimmy Dutra, Council Member, District 6
Tamara Vides, City Manager Pro Tempore
Samantha W. Zutler, City Attorney
Beatriz Vázquez Flores, City Clerk
CORONAVIRUS (COVID-19) ADVISORY NOTICE
Consistent with Government Code section 54953(e), and in light of the declared state of emergency, the Regular Meeting will not be physically open to the public and all City Council Members will be teleconferencing into the meeting via Zoom. To maximize public safety while still maintaining transparency and public access, members of the public can listen to the meeting by using the hyperlink below and may provide public comment by Zoom during the public comment period.
Remote Teleconference Meeting
https://cityofwatsonville-org.zoomgov.com/j/1604661504
Or iPhone one-tap: US: +16692545252,,1604661504# or
+16692161590,,1604661504#
Or Telephone: US: +1 669 254 5252 or +1 669 216 1590 or +1 646 828 7666 Webinar ID: 160 466 1504
Americans with Disabilities Act
If you wish to participate om a meeting and you will require assistance in order to attend and/or participate, please call the City Clerk's Office at least three (3) business days in advance of the meeting to make arrangements. The City of Watsonville TDD number is (831) 763-4075.
For information regarding this agenda, please call the City Clerk's Office at (831) 768- 3040.
AGENDA
CITY OF WATSONVILLE
CITY COUNCIL MEETING
Remote Teleconference Meeting
https://cityofwatsonville-org.zoomgov.com/j/1604661504
Or iPhone one-tap: US: +16692545252,,1604661504# or +16692161590,,1604661504# Or Telephone: US: +1 669 254 5252 or +1 669 216 1590 or +1 646 828 7666 Webinar ID: 160 466 1504
Meetings are streamed live via the City’s website:
https://www.cityofwatsonville.org/2123/City-Council-Agendas-Minutes
CORONAVIRUS (COVID-19) ADVISORY NOTICE
Consistent with Government Code section 54953(e), and in light of the declared state of emergency, the Regular Meeting will not be physically open to the public and all City Council Members will be teleconferencing into the meeting via Zoom. To maximize public safety while still maintaining transparency and public access, members of the public can listen to the meeting by using the hyperlink below and may provide public comment by Zoom during the public comment period.
Meetings are streamed live via the City’s website. Meetings are also televised live on Charter Cable Communications Channel 70 and AT&T Channel 99.
HOW TO VIEW THE MEETING: There is no physical location from which members of the public may observe the meeting. Please view the meeting which is being televised at Channel 70 (Charter) and Channel 99 (AT&T) and video streamed at https://www.cityofwatsonville.org/2123/City-Council-Agendas-Minutes.
HOW TO PARTICIPATE BEFORE THE MEETING: Members of the public are encouraged to submit written comments by emailing [email protected]. You may also comment on an item by clicking on the item title and clicking on the Leave Comment button appearing on the small window with the attachments list through our HTML Agenda available here: https://www.cityofwatsonville.org/2123/City-Council-AgendasMinutes. All comments will be part of the meeting record and will be uploaded, but will not be read by staff during the meeting. Emails received three hours before the meeting may not be uploaded to the Agenda, but will be added to the agenda packet depending on staff availability before the meeting or soon thereafter.
HOW TO PARTICIPATE DURING THE MEETING: Members of the public are encouraged to join the meeting through Zoom Webinar from their computer, tablet or smartphone at: https://cityofwatsonvilleorg.zoomgov.com/j/1604661504 Or iPhone one-tap: US: +16692545252,,1604661504# or +16692161590,,1604661504# Or Telephone: US: +1 669 254 5252 or +1 669 216 1590 or +1 646 828 7666 Webinar ID: 160 466 1504 to express their comments.
You will access the meeting as an attendee; when you are ready to make a public comment if joining by computer audio, please click on the "Raise Hand" button and the Clerk will unmute your microphone; by phone please press *9 on your keypad. If you want to enable your camera, please let the Clerk know when you start speaking
Americans with Disabilities Act
The City of Watsonville, in complying with the Americans with Disabilities Act (“ADA”), requests individuals who require special accommodations to access and/or participate in City Council meetings to please contact the City Clerks Office at (831) 768-3040, at least three (3) business days before the scheduled meeting to ensure that the City can assist you. The City of Watsonville TDD number is (831) 763-4075.
For information regarding this agenda, please call the City Clerk's Office at (831) 768-3040.
SPANISH INTERPRETATION IS AVAILABLE VIA THE ZOOM WEBINAR
Tuesday, January 25, 2022, 5:30 p.m.
Pages
1. ROLL CALL
1.a. MOTION TO EXCUSE ABSENT COUNCIL MEMBER(S) (If any)
2. PLEDGE OF ALLEGIANCE
3. INFORMATION ITEMS
3.a. REPORT OF DISBURSEMENTS 6
3.b. MISCELLANEOUS DOCUMENTS REPORT 25
4. NEW BUSINESS
4.a. CITY MANAGER RECRUITMENT COMMUNITY FORUM 28
1) Staff Report by Maria Hurtado, Peckham & McKenney
2) City Council Clarifying Questions
3) Public Comment
6:45 P.M.
5. PRESENTATIONS & ORAL COMMUNICATIONS
This time is set aside for members of the general public to address the Council on any item not on the Council Agenda, which is within the subject matter jurisdiction of the City Council. No action or discussion shall be taken on any item presented except that any Council Member may respond to statements made or questions asked, or may ask questions for clarification. All matters of an administrative nature will be referred to staff. All matters relating to Council will be noted in the minutes and may be scheduled
for discussion at a future meeting or referred to staff for clarification and report.
ALL SPEAKERS ARE ASKED TO ANNOUNCE THEIR NAME AND DISTRICT IN
WHICH THEY LIVE IN ORDER TO OBTAIN AN ACCURATE RECORD FOR THE MINUTES.
5.a. ORAL COMMUNICATIONS FROM THE PUBLIC (2 MINUTES EACH)
5.b. ORAL COMMUNICATIONS FROM THE COUNCIL (2 MINUTES EACH)
5.c. ACKNOWLEDGMENT OF AWARD FROM LEAGUE OF AMERICAN
BICYCLISTS DESIGNATING WATSONVILLE AS A BICYCLE FRIENDLY
COMMUNITY AT BRONZE LEVEL
6. CONSENT AGENDA
All items appearing on the Consent Agenda are recommended actions which are considered to be routine and will be acted upon as one consensus motion. Any items removed will be considered immediately after the consensus motion. The Mayor will allow public input prior to the approval of the Consent Agenda.
PUBLIC INPUT (2 MINUTES EACH)
6.a. MOTION APPROVING MINUTES OF JANUARY 11, 2022 37
6.b. JULY 2021 THROUGH SEPTEMBER 2021 INVESTMENT REPORT (Recommended by Administrative Services Director Czerwin) 43 MOTION ACCEPTING JULY 2021 THROUGH SEPTEMBER 2021
INVESTMENT REPORT
6.c. INVESTMENT POLICY FOR CALENDAR YEAR 2022 (Recommended by Administrative Services Director Czerwin)
51 RESOLUTION ADOPTING AND CONFIRMING THE CITY OF
WATSONVILLE INVESTMENT POLICY FOR CALENDAR YEAR 2022
6.d. FIRST AMENDMENT CONTRACT WITH CSG CONSULTANTS, INC. (Recommended by Public Works & Utilities Director Di Renzo) 60 RESOLUTION APPROVING FIRST AMENDMENT TO CONTRACT FOR CONSULTANT SERVICES WITH CSG CONSULTANTS, INC., INCREASING CONTRACT COMPENSATION BY $100,000 FOR ON-CALL ENGINEERING
PLAN CHECK REVIEW SERVICES
6.e. FIRST AMENDMENT TO CONTRACT WITH SDI PRESENCE
LLC. (Recommended by City Manager Pro Tempore Vides)
67 RESOLUTION APPROVING FIRST AMENDMENT TO CONTRACT WITH SDI PRESENCE, LLC., ADDING TO SCOPE OF WORK, INCREASING COMPENSATION BY $110,600; & EXTENDING TERM TO PROVIDE
DIRECTION & RECRUITING SERVICES FOR THE CITY’S INNOVATION &
TECHNOLOGY DEPARTMENT
6.f. FOURTH AMENDMENT TO CONTRACT WITH MOORE IACOFANO
GOLTSMAN, INC. & REIMBRUSEMENT CONTRACT WITH LONE OAK
WATSONVILLE, LLC. (Recommended by Community Development Director Merriam)
75
1) RESOLUTION APPROVING FOURTH AMENDMENT TO CONTRACT
WITH MOORE IACOFANO GOLTSMAN, INC., DBA MIG, FOR ON-CALL PLANNING SERVICES; ADDING TO THE SCOPE OF WORK TO INCLUDE
ENVIRONMENTAL REVIEW SERVICES FOR A PROPOSED
DISTRIBUTION CENTER AT 200 MANABE OW ROAD, IN AN AMOUNT OF $127,386 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $392,386 2) RESOLUTION APPROVING PROFESSIONAL SERVICES
REIMBURSEMENT CONTRACT WITH LONE OAK – WATSONVILLE, L.L.C.,
A LIMITED LIABILITY COMPANY, FOR ENVIRONMENTAL REVIEW OF A PROPOSED DISTRIBUTION FACILITY AT 200 MANABE OW ROAD, IN AN AMOUNT NOT TO EXCEED $127,386, WHICH WILL BE FULLY PAID BY LONE OAK - WATSONVILLE L.L.C., (DEVELOPER)
6.g. CONTRACT WITH AXON ENTERPRISE (Recommended by Police Chief Zamora)
106
RESOLUTION APPROVING SOLE SOURCE PURCHASE & MASTER
SERVICES & PURCHASING AGREEMENT WITH AXON ENTERPRISE,
INC., DBA AXON (FORMERLY KNOWN AS TASER INTERNATIONAL) FOR
THE PURCHASE OF TWENTY-FIVE IN-CAR CAMERAS, EQUIPMENT
UPDATES, & COMMITMENT FOR FIVE YEARS TO AXON’S
EVIDENCE.COM DIGITAL MEDIA STORAGE SOLUTION, IN AN AMOUNT NOT TO EXCEED $300,672 (FUNDED FROM MEASURE Y FUNDS)
6.h. APPOINTMENT OF MEMBERS TO COMMITTEES 150
RESOLUTION APPOINTING MEMBERS TO COMMITTEES FOR THE
CALENDAR YEAR 2022
6.i. APPOINTMENTS TO CENTRAL COAST COMMUNITY ENERGY
OPERATIONS BOARD OF DIRECTORS
152
RESOLUTION APPOINTING CITY MANAGER PRO TEMPORE TAMARA
VIDES AS MEMBER TO THE OPERATIONS BOARD OF DIRECTORS FOR
CENTRAL COAST COMMUNITY ENERGY FORMERLY KNOWN AS
MONTEREY BAY COMMUNITY POWER AND APPOINTING
ENVIRONMENTAL SUSTAINABILITY MANAGER JACKIE MCLOUD AS
ALTERNATE
6.j. APPOINTIMENT OF ALTERNATE TO PAJARO REGIONAL FLOOD
MANAGEMENT AGENCY JOINT EXERCISE OF POWERS BOARD OF
DIRCTORS
154
RESOLUTION APPOINTING MAYOR ARI PARKER AS ALTERNATE TO
THE PÁJARO REGIONAL FLOOD MANAGEMENT AGENCY JOINT
EXERCISE OF POWERS BOARD OF DIRECTORS
6.k. APPOINTMENTS TO THE SANTA CRUZ COUNTY HOUSING FOR HEALTH
PARTNERSHIP POLICY BOARD
156
RESOLUTION APPOINTING TAMARA VIDES, CITY MANAGER PRO
TEMPORE AND SUZI MERRIAM, COMMUNITY DEVELOPMENT
DIRECTOR TO THE SANTA CRUZ COUNTY HOUSING FOR HEALTH
PARTNERSHIP POLICY BOARD
6.l. APPOINTMENT OF MEMBER TO SANTA CRUZ METROPOLITAN TRANSIT DISTRICT (SEAT 10)
160
RESOLUTION APPOINTING MAYOR ARI PARKER TO THE SANTA CRUZ
METROPOLITAN TRANSIT DISTRICT BOARD OF DIRECTORS
COMMENCING ON JANUARY 26, 2022, AND ENDING DECEMBER 31, 2025
6.m. RESOLUTION URGING CALPERS TO INVEST IN SUSTAINABLE ENERGY & DIVEST FROM FOSSIL FUELS
162
RESOLUTION URGING CALPERS TO INVEST IN SUSTAINABLE ENERGY AND DIVEST FROM FOSSIL FUELS IN SUPPORT OF THE CITY’S
CLIMATE ACTION AND ADAPTATION PLAN AND DIRECT STAFF TO
PURSUE AND SUPPORT STATE AND FEDERAL LEGISLATION THAT
SUPPORTS CLIMATE SAFE CALIFORNIA GOALS
7. ITEMS REMOVED FROM CONSENT AGENDA
8. PUBLIC HEARINGS, ORDINANCES, & APPEALS
8.a. ELLAS’ AT THE AIRPORT ASSIGNMENT DENIAL APPEAL 209 1) Staff Report by Airport Director Williams (15 minutes) 2) City Council Questions
3) Appellant Ella's at the Airport Presentation (15 minutes) 4) City Council Questions
5) Public Comment
6) City Council Deliberation
7) City Council Action
8) RESOLUTION UPHOLDING WATSONVILLE MUNICIPAL AIRPORT
DIRECTOR’S DECISION TO DENY A LEASE ASSIGNMENT & SALE TO CHIELO APAC OF NANCY’S AIRPORT CAFÉ, WILLOWS/GLENN COUNTY AIRPORT – APPEAL FILED BY TIFFANY ELLA KING & SERGIO ANGELES, INDIVIDUALLY, AND DBA ELLA’S AT THE AIRPORT
9. EMERGENCY ITEMS ADDED TO AGENDA
10. REQUESTS & SCHEDULING FUTURE AGENDA ITEMS
11. ADJOURNMENT
This agenda was posted in accordance to the California Brown Act. The agenda packet can be accessed on the City of Watsonville website
at https://www.cityofwatsonville.org/2123/City-Council-Agendas-Minutes Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office (275 Main Street, 4th Floor) during normal business hours.
Such documents are also available on the City of Watsonville website at: https://www.cityofwatsonville.org/2123/City-Council-Agendas-Minutes subject to staff’s ability to post the document before the meeting.
CITY OF WATSONVILLE
FINANCE DEPARTMENT
SUMMARY OF DISBURSEMENTS
WARRANT REGISTER DATED 1/6/2022 to 1/19/2022
FUND FUND
NO. NAME AMOUNT
130 EMPLOYEE CASH DEDUCTIONS FUND 769,267.78
150 GENERAL FUND 131,972.12
170 INVESTMENTS 1,005.20
204 REDEVELOPMENT HOUSING FUND 81.22
221 INCLUSIONARY HOUSING 65.81
246 CIVIC CENTER COMMON AREA 61,279.12
260 SPECIAL GRANTS 16,300.00
305 GAS TAX 9,667.26
306 SB1-GAS TAX FUNDING 26,935.00
309 PARKING GARAGE FUND 11,123.46
310 SALES TAX MEASURE G 100,647.23
312 MEASURE D 3,060.00
354 SPECIAL DISTRICT FUNDS 104.40
710 SEWER SERVICE FUND 48,257.86
720 WATER OPERATING FUND 136,237.86
730 AIRPORT ENTERPRISE FUND 19,813.82
740 WASTE DISPOSAL FUND 31,683.23
760 MSC INTERNAL FUND 15,909.87
765 COMPUTER REPLACEMENT FUND 3,003.45
780 WORKER'S COMP/LIABILITY FUND 80,484.01
787 HEALTH INSURANCE FUND POOL 3,389.78
790 INFORMATION & TECHNOLOGY ISF 4,151.59
TOTAL 1,474,440.07
TOTAL ACCOUNTS PAYABLE 1/6/2022 to 1/19/2022 705,172.29 PAYROLL INVOICES 769,267.78
TOTAL OF ALL INVOICES 1,474,440.07
Fund # Vendor Name Check # Invoice Date Invoice Invoice Description Amount 0130 AFLAC 48954 1/14/2022 84341 Payroll Run 1 - Warrant 220114 $9,389.98
BENEFIT COORDINATORS
CORPORATION
48955 1/14/2022 84326 Payroll Run 1 - Warrant 220114 $3,914.21 CA STATE DISBURSEMENT UNIT 833 1/14/2022 84343 Payroll Run 1 - Warrant 220114 $4,005.35 CINCINNATI LIFE INSURANCE CO 48956 1/14/2022 84340 Payroll Run 1 - Warrant 220114 $28.89 CITY EMPLOYEES ASSOCIATION 48957 1/14/2022 84327 Payroll Run 1 - Warrant 220114 $414.00 COLONIAL LIFE & ACCIDENT INS 48958 1/14/2022 84328 Payroll Run 1 - Warrant 220114 $198.40 COUNTY OF SANTA CRUZSHERIFF-CORONER
48959 1/14/2022 84329 Payroll Run 1 - Warrant 220114 $1,208.38 ICMA RETIREMENT TRUST 457 834 1/14/2022 84331 Payroll Run 1 - Warrant 220114 $2,435.38 835 1/14/2022 84346 Payroll Run 1 - Warrant 220114 $53,078.88 MASSMUTUAL FINANCIAL GROUP 48960 1/14/2022 84330 Payroll Run 1 - Warrant 220114 $3,256.16 OPERATING ENGINEERS LOCAL #3 48961 1/14/2022 84332 Payroll Run 1 - Warrant 220114 $5,360.00 PRE-PAID LEGAL SERVICES INC. 48962 1/14/2022 84344 Payroll Run 1 - Warrant 220114 $207.20 PROF FIRE FIGHTERSWATSONVILLE
48963 1/14/2022 84333 Payroll Run 1 - Warrant 220114 $2,295.00 PUBLIC EMP RETIREMENT SYSTEM 832 1/14/2022 84334 Payroll Run 1 - Warrant 220114 $286,934.07 SEIU LOCAL 521 48965 1/14/2022 84345 Payroll Run 1 - Warrant 220114 $25.00 48964 1/14/2022 84335 Payroll Run 1 - Warrant 220114 $1,176.63
STATE OF CALIFORNIA TAX
BOARD
48966 1/14/2022 84337 Payroll Run 1 - Warrant 220114 $76.03 WAGEWORKS INC 48967 1/14/2022 84342 Payroll Run 1 - Warrant 220114 $4,856.79
WATSONVILLE POLICE
ASSOCIATION
48968 1/14/2022 84338 Payroll Run 1 - Warrant 220114 $7,619.00 WIRE TRANSFER-IRS 830 1/14/2022 84339 Payroll Run 1 - Warrant 220114 $318,526.30
WIRE TRANSFER-STATE OF
CALIFORNIA
831 1/14/2022 84336 Payroll Run 1 - Warrant 220114 $64,262.13 Check Register For the Period 1/6/2022 through 1/19/2022 1 of 18 1/20/2022 10:31:04 AM
Fund # Vendor Name Check # Invoice Date Invoice Invoice Description Amount 0130 Fund Total $769,267.78
0150 AIRTEC SERVICE,INC 48830 1/11/2022 19804 SERVICE $670.32 AT&T 48945 1/12/2022 292375992-12/24 SERVICE $191.51
AT&T-CAL NET 2 48835 1/11/2022 000017515930 C60 CALNET CHARGES FROM 11/24/21-12/23/21
$16.02
48835 1/11/2022 000017515930 C60 CALNET CHARGES FROM
11/24/21-12/23/21
$1,917.83
48835 1/11/2022 000017515930 C60 CALNET CHARGES FROM
11/24/21-12/23/21
$60.40
48835 1/11/2022 000017515930 C60 CALNET CHARGES FROM
11/24/21-12/23/21
$16.00
48835 1/11/2022 000017515930 C60 CALNET CHARGES FROM
11/24/21-12/23/21
$74.86
48835 1/11/2022 000017515930 C60 CALNET CHARGES FROM
11/24/21-12/23/21
$41.31
48835 1/11/2022 000017515930 C60 CALNET CHARGES FROM
11/24/21-12/23/21
$1,592.90
48835 1/11/2022 000017515930 C60 CALNET CHARGES FROM
11/24/21-12/23/21
$2,333.53
48835 1/11/2022 000017515930 C60 CALNET CHARGES FROM
11/24/21-12/23/21
$90.86
48836 1/11/2022 000017515905 PAL CHARGES FROM 11/24/21- 12/23/21
$77.22
BEWLEY'S CLEANING, INC. 48840 1/11/2022 010804 Janitorial Services for City H $2,200.00 48840 1/11/2022 010724 Janitorial Services for City H $2,200.00 48840 1/11/2022 010704 SERVICE $256.57
48840 1/11/2022 010730 STE 104 CIVIC PLAZA $296.70
48840 1/11/2022 010810 CIVIC PLAZA SERVICE $296.70
48840 1/11/2022 010783 SERVICE $256.57
BILL FANNIN FENCING 48841 1/11/2022 12/09/2021 SERVICE AND PARTS- COAX CABLE
INSTALL
$332.00
BOUND TREE MEDICAL LLC 48842 1/11/2022 84306975 EMS Supplies - Sharps Container $39.14 2 of 18 1/20/2022 10:31:04 AM
Fund # Vendor Name Check # Invoice Date Invoice Invoice Description Amount 0150 BOUND TREE MEDICAL LLC 48842 1/11/2022 84297997 EMS Supplies - Glucose Test Strips $368.72 48842 1/11/2022 84303171 EMS Supplies - Glucose Test Strips $245.82 48842 1/11/2022 84297998 EMS Supplies - Glucose Test Strips $491.64 CASSIDY'S PIZZA 48850 1/11/2022 4349 Lunch for WYA 2021 Session 1 - 06/29/21
$135.34
48850 1/11/2022 4348 Lunch for WYA 2021 Session 1 -
06/18/21
$89.86
CENTRAL COAST CRITICAL
INCIDENT TEAM
48852 1/11/2022 2005251 EAP Dates: 11/4, 11/18, 11/301/21 $480.00 CIVICPLUS 48854 1/11/2022 219891 WEBSITE HEADER $790.08 CSG CONSULTANTS, INC 48858 1/11/2022 39379 ON-CALL ENGINEERING BUILDING P $5,795.00 48858 1/11/2022 B211642 FIRE PLAN REVIEW/BLDG INSPECT/ $14,526.69 EBSCO INFORMATION SERVICES 48862 1/11/2022 220972 MAGAZINE SUPPLEMENTAL INVOICE $127.29
ELEVATOR SERVICE COMPANY,
INC.
48863 1/11/2022 35302 SERVICE $400.00
48863 1/11/2022 35302 SERVICE $330.00
48863 1/11/2022 35302 SERVICE $200.00
48863 1/11/2022 35302 SERVICE $200.00
FASTENAL COMPANY 48867 1/11/2022 CAWAT120173 SUPPLIES $273.34 48867 1/11/2022 CAWAT119277 SUPPLIES $43.55
48867 1/11/2022 CAWAT120596 SUPPLIES $41.64
48867 1/11/2022 CAWAT119264 SUPPLIES $87.11
FIRST ALARM, INC. 48870 1/11/2022 655152 SERVICE $339.00 48870 1/11/2022 652922 SERVICE $327.09
GALE CENGAGE LEARNING 48872 1/11/2022 76162673 BOOKS $26.97 GRIFFIN STRUCTURES, INC. 48876 1/11/2022 GSI-WRPCM-03 PROJECT MANAGEMENT SERVICES $6,000.00 48876 1/11/2022 GSI-WRPCM-02 Project Managment Services for $7,260.00
HINDERLITER, DE LLAMAS &
ASSOCIATES
48878 1/11/2022 0031399-IN SALES AND USE TRANS. AUDIT & I $1,500.00 3 of 18 1/20/2022 10:31:04 AM
Fund # Vendor Name Check # Invoice Date Invoice Invoice Description Amount 0150 HINDERLITER, DE LLAMAS &
ASSOCIATES
48878 1/11/2022 0032863-IN SALES AND USE TRANS. AUDIT & I $300.00 48878 1/11/2022 0033508-IN SALES AND USE TRANS. AUDIT & I $300.00 HOLIDAY LIGHTS, INC. 48972 1/19/2022 3909 Holida Lights for Street Poles $7,950.00 HOME DEPOT CREDIT SERVICES 48879 1/11/2022 12/13/2021 SUPPLIES $389.20 48879 1/11/2022 12/13/2021 SUPPLIES $10.88
48879 1/11/2022 12/13/2021 SUPPLIES $34.96
48879 1/11/2022 12/13/2021 SUPPLIES $30.54
48879 1/11/2022 12/13/2021 SUPPLIES ($19.56)
48879 1/11/2022 12/13/2021 SUPPLIES $49.12
48879 1/11/2022 12/13/2021 SUPPLIES $91.50
48879 1/11/2022 12/13/2021 SUPPLIES $1.40
48879 1/11/2022 12/13/2021 SUPPLIES $136.58
48879 1/11/2022 12/13/2021 SUPPLIES $372.87
INNOVATIVE USERS GROUP 48881 1/11/2022 21A-1389 INNOVATIVE USERS GROUP
INSTITUTINAL MEMBERSHIP
$110.00
KELLY-MOORE PAINT COMPANY,
INC.
48883 1/11/2022 818-00000342086 MINI BRUSH $6.24
LA SELVA 48886 1/11/2022 7810 TREE SERVICE $2,055.00
MAZE & ASSOCIATES 48891 1/11/2022 43204 AUDIT $21,172.00 48891 1/11/2022 43204 AUDIT $2,941.00
MONUMENT LUMBER COMPANY 48894 1/11/2022 12/31/21 BLDG & REPAIR SUPPLIES $2,040.93 OCLC, INC 48898 1/11/2022 1000184688 CATALOGING AND METADATA
SUBSCRIPTION
$578.30
O'REILLY AUTOMOTIVE INC. 48897 1/11/2022 3446395339 PART $14.19 PACIFIC GAS & ELECTRIC 48899 1/11/2022 7523404092-3-
12/14/ ELEC $239.20
48982 1/19/2022 1553836670-7-1/4 GAS & ELEC $710.56
48982 1/19/2022 1553836670-7-1/4 GAS & ELEC $2,760.40
4 of 18 1/20/2022 10:31:04 AM
Fund # Vendor Name Check # Invoice Date Invoice Invoice Description Amount 0150 PACIFIC GAS & ELECTRIC 48982 1/19/2022 1553836670-7-1/4 GAS & ELEC $6,801.69 48982 1/19/2022 1553836670-7-1/4 GAS & ELEC $26.12
PREFERRED PLUMBING, INC. 48905 1/11/2022 2242 SERVICE CALL $1,515.00 48951 1/12/2022 2208 PLUMBING SERVICES FOR CITY WID $771.12 PROQUEST LLC 48906 1/11/2022 70693416 Subscription Renewal to Ancestry Library
$1,637.65
QUADIENT, INC. 48908 1/11/2022 16570125 INK FOR MAIL MACHINE $25.44 48908 1/11/2022 16570125 INK FOR MAIL MACHINE $25.44
48908 1/11/2022 16570125 INK FOR MAIL MACHINE $25.46
QUENCH USA, INC. 48909 1/11/2022 INV03649480 WATER SERVICE $65.55 RICOH USA, INC 48912 1/11/2022 5063492726 COPIER CHARGES $81.21 48912 1/11/2022 5063492726 COPIER CHARGES $81.22
48912 1/11/2022 5063492726 COPIER CHARGES $219.06
48912 1/11/2022 5063492726 COPIER CHARGES $158.28
48912 1/11/2022 5063492726 COPIER CHARGES $45.26
48912 1/11/2022 5063492726 COPIER CHARGES $45.26
48912 1/11/2022 5063492726 COPIER CHARGES $30.17
48912 1/11/2022 5063492726 COPIER CHARGES $30.17
48984 1/19/2022 5063529927 SERVICE $77.03
48984 1/19/2022 5063529916 TONER $109.35
SENTRY ALARM SYSTEM 48918 1/11/2022 2181654 SERVICE $262.50 STAPLES BUSINESS CREDIT 48952 1/12/2022 1639522996 SUPPLIES $32.22 48952 1/12/2022 1639522996 SUPPLIES $425.13
48952 1/12/2022 1639522996 SUPPLIES $333.48
48952 1/12/2022 1639522996 SUPPLIES $396.99
SUPERIOR ALARM COMPANY 48923 1/11/2022 161028 SERVICE $115.50 5 of 18 1/20/2022 10:31:04 AM
Fund # Vendor Name Check # Invoice Date Invoice Invoice Description Amount 0150 SUPERIOR ALARM COMPANY 48923 1/11/2022 161115 SERVICE $181.50 48923 1/11/2022 161024 SERVICE $136.50
TINO'S PLUMBING INC 48927 1/11/2022 136340 PINTO LAKE REPAIR $291.89
UNIFIED BUILDING
MAINTENANCE
48932 1/11/2022 10208 JANITORIAL SERVICES $2,530.00
48932 1/11/2022 10208 JANITORIAL SERVICES $9,855.00
VERIZON WIRELESS 48933 1/11/2022 9895664908 CITY CELL & DATA CHARGES FROM 11/23/21-12/22/21
$266.07
48933 1/11/2022 9895664908 CITY CELL & DATA CHARGES FROM 11/23/21-12/22/21
$380.14
48933 1/11/2022 9895664908 CITY CELL & DATA CHARGES FROM 11/23/21-12/22/21
$1,064.56
48933 1/11/2022 9895664908 CITY CELL & DATA CHARGES FROM 11/23/21-12/22/21
$383.94
48933 1/11/2022 9895664908 CITY CELL & DATA CHARGES FROM 11/23/21-12/22/21
$38.01
48933 1/11/2022 9895664908 CITY CELL & DATA CHARGES FROM 11/23/21-12/22/21
$23.13
48933 1/11/2022 9895664908 CITY CELL & DATA CHARGES FROM 11/23/21-12/22/21
$44.52
48933 1/11/2022 9895664908 CITY CELL & DATA CHARGES FROM 11/23/21-12/22/21
$423.84
48933 1/11/2022 9895664908 CITY CELL & DATA CHARGES FROM 11/23/21-12/22/21
$38.68
48933 1/11/2022 9895664908 CITY CELL & DATA CHARGES FROM 11/23/21-12/22/21
$146.33
48933 1/11/2022 9895671963 MSC CELL & DATA CHARGES FROM 11/23/21-12/23/21
$51.90
48933 1/11/2022 9895671963 MSC CELL & DATA CHARGES FROM 11/23/21-12/23/21
$7.78
48933 1/11/2022 9895671963 MSC CELL & DATA CHARGES FROM 11/23/21-12/23/21
$121.69
WATSONVILLE BLUEPRINT 48936 1/11/2022 103553 COPIES $80.58 WEX BANK 48987 1/19/2022 77424303 PD FUEL $246.95
6 of 18 1/20/2022 10:31:04 AM
Fund # Vendor Name Check # Invoice Date Invoice Invoice Description Amount 0150 WILLDAN FINANCIAL SERVICES,
INC.
48941 1/11/2022 010-50185 TABLE FOR 2020/21 ANNUAL
COMPREHENSIVE FINANCIAL R
$550.00
ZOOM VIDEO COMMUNICATIONS,
INC.
48943 1/11/2022 INV121908050 HOSTED LICENSES FROM 12/08/21- 12/08/22
$6,457.92
Fund Total $131,972.12
0170 BRINKS INCORPORATED 48846 1/11/2022 11790034 FEES $943.32 48846 1/11/2022 4493350 FEES $61.88
Fund Total $1,005.20
0204 RICOH USA, INC 48912 1/11/2022 5063492726 COPIER CHARGES $81.22 Fund Total $81.22
0221 AT&T-CAL NET 2 48835 1/11/2022 000017515930 C60 CALNET CHARGES FROM 11/24/21-12/23/21
$65.81
Fund Total $65.81
0246 MAURA MATERA 48890 1/11/2022 11-29-2021 CIVIC PLAZA TAX SERVICES $1,924.80 PACIFIC GAS & ELECTRIC 48977 1/19/2022 0498528361-5-1/9 GAS & ELEC $52,281.85 SUPERIOR ALARM COMPANY 48923 1/11/2022 161353 SERVICE $132.00 TK ELEVATOR CORPORATION 48929 1/11/2022 3006369423 MAINTENANCE SERVICE $6,940.47 Fund Total $61,279.12
0260 MAZE & ASSOCIATES 48891 1/11/2022 43204 AUDIT $1,800.00
TRAFFIC MANAGEMENT
PRODUCTS, INC.
48985 1/19/2022 808759 MESSAGE SIGN TRAILER $14,500.00
Fund Total $16,300.00
0305 HOME DEPOT CREDIT SERVICES 48879 1/11/2022 12/13/2021 SUPPLIES $269.22
MESITI-MILLER ENGINEERING,
INC.
48892 1/11/2022 0921021 ENGINEERING SVCS FOR LINCOLN S $261.18 48892 1/11/2022 0821008 ENGINEERING SVCS FOR LINCOLN S $1,828.67 48892 1/11/2022 0821037 ENGINEERING SVCS FOR LINCOLN S $420.00 48892 1/11/2022 0721009R ENGINEERING SVCS FOR LINCOLN S $705.00 48892 1/11/2022 0621020R ENGINEERING SVCS FOR LINCOLN S $105.00 7 of 18 1/20/2022 10:31:04 AM
Fund # Vendor Name Check # Invoice Date Invoice Invoice Description Amount 0305 MESITI-MILLER ENGINEERING,
INC.
48892 1/11/2022 0921022 ENGINEERING SVCS FOR LINCOLN S $975.15 PACIFIC GAS & ELECTRIC 48976 1/19/2022 1413903318-8-
1/12 ELEC $80.29
48978 1/19/2022 1540833758-0-1/9 ELEC $87.19
48980 1/19/2022 3823955332-4-
1/11 ELEC $111.36
48982 1/19/2022 1553836670-7-1/4 GAS & ELEC $2,314.63
ZUMAR INDUSTRIES, INC. 48944 1/11/2022 95260 MARKERS $2,509.57 Fund Total $9,667.26
0306 MNS ENGINEERS, INC. 48893 1/11/2022 79309 SB1 Streets/Side Freedom Blvd. $26,935.00 Fund Total $26,935.00
0309 AT&T-CAL NET 2 48835 1/11/2022 000017515930 C60 CALNET CHARGES FROM 11/24/21-12/23/21
$754.58
BEWLEY'S CLEANING, INC. 48840 1/11/2022 010809 Janitorial Serv. for 35 West B $1,500.00 48840 1/11/2022 010729 Janitorial Serv. for 35 West B $1,500.00
ELEVATOR SERVICE COMPANY,
INC.
48863 1/11/2022 35468 SERVICE CALL $757.50
48863 1/11/2022 35302 SERVICE $400.00
48863 1/11/2022 35302 SERVICE $520.00
FIRST ALARM, INC. 48870 1/11/2022 653468 SERVICE $333.24 PACIFIC GAS & ELECTRIC 48982 1/19/2022 1553836670-7-1/4 GAS & ELEC $4,479.94 SENTRY ALARM SYSTEM 48918 1/11/2022 2181654 SERVICE $177.00 VENTEK INTERNATIONAL 48986 1/19/2022 130295 PKG MACHINE FEE $701.20 Fund Total $11,123.46
0310 BSN SPORTS INC 48847 1/11/2022 915053179 BASKETBALL NETS $113.93 DON CHAPIN CO,INC 48971 1/19/2022 221093*02 Fire Station 2-Concrete Apron/ $61,275.48
FEDERAL EASTERN
INTERNATIONAL LLC
48868 1/11/2022 53139300 LAW ENFORCEMENT PADS $298.25
HOME DEPOT CREDIT SERVICES 48879 1/11/2022 12/13/2021 SUPPLIES $46.91 8 of 18 1/20/2022 10:31:04 AM
Fund # Vendor Name Check # Invoice Date Invoice Invoice Description Amount 0310 HOME DEPOT CREDIT SERVICES 48879 1/11/2022 12/13/2021 SUPPLIES $77.12 MAZE & ASSOCIATES 48891 1/11/2022 43204 AUDIT $929.50
48891 1/11/2022 43204 AUDIT $929.50
48891 1/11/2022 43204 AUDIT $162.00
SANCHEZ, JUAN 48915 1/11/2022 3/22/21-TRAVEL REPLACE MISPLACED CHECK $106.82
TRAFFIC MANAGEMENT
PRODUCTS, INC.
48985 1/19/2022 808759 MESSAGE SIGN TRAILER $1,340.16
VERIZON WIRELESS 48933 1/11/2022 9895664908 CITY CELL & DATA CHARGES FROM 11/23/21-12/22/21
$2,359.66
WESTERN EXTRICATION
SPECIALISTS, INC.
48953 1/12/2022 1614 Extrication equipment $33,007.90
Fund Total $100,647.23
0312 KIMLEY-HORN & ASSOCIATES,
INC.
48885 1/11/2022 20321989 HWY 1 HARK SLOUGH BRIDGE SAFE $860.00 MAZE & ASSOCIATES 48891 1/11/2022 43204 AUDIT $2,200.00 Fund Total $3,060.00
0354 K & D LANDSCAPING INC. 48882 1/11/2022 3203 REPAIRS $104.40 Fund Total $104.40
0710 AMERICAN MESSAGING 48832 1/11/2022 M7023652WA WASTEWATER PAGER SERVICE FOR JAN 2022
$38.37
APPLIED INDUSTRIAL
TECHNOLOGIES
48833 1/11/2022 7023125728 PART $123.14
48833 1/11/2022 7023114599 PARTS $211.08
48833 1/11/2022 7023155607 PARTS $164.83
AT&T-CAL NET 2 48835 1/11/2022 000017515930 C60 CALNET CHARGES FROM 11/24/21-12/23/21
$95.46
48835 1/11/2022 000017515930 C60 CALNET CHARGES FROM
11/24/21-12/23/21
$452.50
BEECHER ENGINEERING, INC. 48838 1/11/2022 1221-72 WWTP MAIN SWITCHGEAR & ENERGY
$3,200.00
DIRECT TV LLC 48861 1/11/2022 080885008X21120
4 1/03/21, INV080885008X211204 -
MONTHLY DUES FOR OC
$292.48
9 of 18 1/20/2022 10:31:04 AM
Fund # Vendor Name Check # Invoice Date Invoice Invoice Description Amount 0710 ENVIRONMENTAL INNOVATIONS,
INC.
48864 1/11/2022 1532 Coordination of City's Green B $4,241.17 48864 1/11/2022 1532 BALANCE Coordination of City's Green B $747.71 48864 1/11/2022 1532-ADDL GREEN WASTEPROGRAM $0.02
48864 1/11/2022 1532-ADDL GREEN WASTEPROGRAM $0.10
EUROFINS/EATON ANALYTICAL,
INC.
48865 1/11/2022 L0608495 SAMPLING $1,200.00
FACTORY DIRECT PROMOS 48866 1/11/2022 65005686 12/16/2021, INV#65005686 - PUBLIC
WORKS OUTREACH I
$8,061.45
FEDEX 48869 1/11/2022 7-608-58445 FRT $153.03
FISHER SCIENTIFIC 48871 1/11/2022 6216980 PARTS $175.40 48871 1/11/2022 6436754 LAB SUPPLIES $354.81
48871 1/11/2022 6836526 PARTS $113.12
GRANITE ROCK COMPANY 48874 1/11/2022 1344032 12/11/21, INV#1344032 - BUILDING MATERIALS.
$47.52
GREEN TOUCH 48875 1/11/2022 1661 LANDSCAPING MAINTENANCE $840.00 HOME DEPOT CREDIT SERVICES 48879 1/11/2022 12/13/2021 SUPPLIES $163.78 48879 1/11/2022 12/13/2021 SUPPLIES $139.42
48879 1/11/2022 12/13/2021 SUPPLIES $33.68
48879 1/11/2022 12/13/2021 SUPPLIES $139.42
48879 1/11/2022 12/13/2021 SUPPLIES $135.34
KIMBALL MIDWEST 48884 1/11/2022 9468671 12/15/21, INV#9468671 - GLOVE RESTOCK.
$784.55
PACIFIC GAS & ELECTRIC 48949 1/12/2022 9335083043-1-
1/4/ GAS CHARGES $429.50
48975 1/19/2022 6994615709-1-1/5 ELEC $15,372.52
PAJARO VALLEY PRINTING 48903 1/11/2022 43280 "OUR TOWN" DEC. NEWSLETTER $3,423.90 QUADIENT, INC. 48908 1/11/2022 16570125 INK FOR MAIL MACHINE $25.44 RICOH USA, INC 48912 1/11/2022 5063492726 COPIER CHARGES $81.15 10 of 18 1/20/2022 10:31:04 AM
Fund # Vendor Name Check # Invoice Date Invoice Invoice Description Amount 0710 SHAPE, INC. 48919 1/11/2022 128786 09/13/21, INV#128786 - LABOR,
HAZMAT AND PREP ON R
$1,253.00
48919 1/11/2022 128785 9/13/21, INV#128785 - KIT, REPAIR BASIC 3126, MATE
$4,678.09
STOKE, BRAD 48922 1/11/2022 11/5/21 RENEW CERTIFICATE $130.00 VERIZON WIRELESS 48933 1/11/2022 9895664908 CITY CELL & DATA CHARGES FROM 11/23/21-12/22/21
$38.01
48933 1/11/2022 9895664908 CITY CELL & DATA CHARGES FROM 11/23/21-12/22/21
$114.03
48933 1/11/2022 9895664908 CITY CELL & DATA CHARGES FROM 11/23/21-12/22/21
$76.02
48933 1/11/2022 9895664908 CITY CELL & DATA CHARGES FROM 11/23/21-12/22/21
$114.03
48933 1/11/2022 9895671963 MSC CELL & DATA CHARGES FROM 11/23/21-12/23/21
$94.22
48933 1/11/2022 9895671963 MSC CELL & DATA CHARGES FROM 11/23/21-12/23/21
$54.65
48933 1/11/2022 9895671963 MSC CELL & DATA CHARGES FROM 11/23/21-12/23/21
$76.98
48933 1/11/2022 9895671963 MSC CELL & DATA CHARGES FROM 11/23/21-12/23/21
$38.01
VWR INTERNATIONAL IN 48934 1/11/2022 8807021663 SULFURIC ACID $15.55 48934 1/11/2022 8807021665 LAB SUPPLIES $92.74
48934 1/11/2022 8807021664 SULFURIC ACID $46.64
XOCHITL GARCIA 48942 1/11/2022 12/20/21 PW LAB CERTIFICATION $195.00 Fund Total $48,257.86
0720 AMERICAN MESSAGING 48831 1/11/2022 M7023541WA WATER DEPT PAGER FOR JANUARY 2022
$76.57
AT&T-CAL NET 2 48835 1/11/2022 000017515930 C60 CALNET CHARGES FROM 11/24/21-12/23/21
$208.31
BPMS SOFTWARE 48843 1/11/2022 2083 SOFTWARE UPG AND YEARLY TECH SUPPORT THRU 01/2023
$712.00
BRANDENBURG, MAXWELL 48844 1/11/2022 BOOT REIMB.
FY21/22 PW- BOOT REIMBURSEMENT FY21/22 $175.00
11 of 18 1/20/2022 10:31:04 AM
Fund # Vendor Name Check # Invoice Date Invoice Invoice Description Amount 0720 CAROLLO ENGINEERS, INC. 48849 1/11/2022 FB18017 ZONE 2 RESERVOIR PROJECT WA-20 $17,109.35 D&H ELECTRIC 48860 1/11/2022 1553 PAINT BOOTH SERVICE $251.33 48860 1/11/2022 1555 320 HARVEST DRIVE $5,443.50
FASTENAL COMPANY 48867 1/11/2022 CAWAT120542 SUPPLIES $229.21 FIRST ALARM, INC. 48870 1/11/2022 653468 SERVICE $30.00 GRAINGER 48873 1/11/2022 9149464290 SUPPLIES $198.86
HACH COMPANY 48877 1/11/2022 12791624 CASE ASSY $115.14 48877 1/11/2022 12791607 VIAL $415.11
HOME DEPOT CREDIT SERVICES 48879 1/11/2022 12/13/2021 SUPPLIES $130.93 48879 1/11/2022 12/13/2021 SUPPLIES $141.41
ICONIX WATERWORKS (US) INC. 48880 1/11/2022 U2116065148 FLANGE $25.69 MNS ENGINEERS, INC. 48893 1/11/2022 79442 VARIOUS WATER/WASTEWATER DESIG
$53.75
48893 1/11/2022 78677 VARIOUS WATER/WASTEWATER
DESIG
$4,982.50
48893 1/11/2022 78455 VARIOUS WATER/WASTEWATER
DESIG
$3,812.50
MONUMENT LUMBER COMPANY 48894 1/11/2022 12/31/21 BLDG & REPAIR SUPPLIES $320.83 MORENO ROOFING CORPORATION 48895 1/11/2022 1050644 320 HARVEST LEAK REPAIR $504.63 PACIFIC GAS & ELECTRIC 48900 1/11/2022 4850440932-6-
1/3/ ELEC $1,013.73
48982 1/19/2022 1553836670-7-1/4 GAS & ELEC $27.87
POWER ENGINEERS, INC. 48904 1/11/2022 444799 CONSULTANT SERVICES FOR CITYWO
$1,380.00
RICOH USA, INC 48912 1/11/2022 5063492726 COPIER CHARGES $158.24 48912 1/11/2022 5063492726 COPIER CHARGES $369.18
SHERWIN WILLIAMS 48920 1/11/2022 9100-4 PAINT & SUPPLIES $247.96 SWRCB-ELAP FEES 48924 1/11/2022 LW-1035793 WATER SYSTEM ANNUAL FEES $40,209.72 12 of 18 1/20/2022 10:31:04 AM
Fund # Vendor Name Check # Invoice Date Invoice Invoice Description Amount 0720 VERIZON WIRELESS 48933 1/11/2022 9895664908 CITY CELL & DATA CHARGES FROM 11/23/21-12/22/21
$342.09
48933 1/11/2022 9895664908 CITY CELL & DATA CHARGES FROM 11/23/21-12/22/21
$76.02
48933 1/11/2022 9895671963 MSC CELL & DATA CHARGES FROM 11/23/21-12/23/21
$319.32
48933 1/11/2022 9895671963 MSC CELL & DATA CHARGES FROM 11/23/21-12/23/21
$148.49
WALLACE GROUP, A CALIFORNIA
CORPORATION
48935 1/11/2022 55063 DESIGN SERVICES FOR WATER MAIN $49,971.25 48935 1/11/2022 55259 DESIGN SERVICES FOR WATER MAIN $3,535.00 WEST COAST SECURITY INC. 48939 1/11/2022 01032022-1 LABOR & MATERIAL TO ADD DOOR
READER TO MSC OFFICE
$3,502.37
Fund Total $136,237.86
0730 AT&T 48969 1/19/2022 831 724-4877-
1/7/22 SERVICE $237.08
AT&T-CAL NET 2 48835 1/11/2022 000017515930 C60 CALNET CHARGES FROM 11/24/21-12/23/21
$377.58
BAYSIDE OIL II INC 48837 1/11/2022 44106 USED OIL SERVICE $165.75 BRANDLEY ENGINEERING, INC. 48845 1/11/2022 10377 PAVEMENT MAINTENANCE
MANAGEMEN
$1,502.50
CALIFORNIA DEPARTMENT OF TAX
& FEE ADMINISTRATION
48946 1/12/2022 AIRPORT 31-DEC3021 STG TANK FEE $1,131.00
ELEVATOR SERVICE COMPANY,
INC.
48863 1/11/2022 35302 SERVICE $200.00
FIRST ALARM, INC. 48870 1/11/2022 653468 SERVICE $333.12 48870 1/11/2022 653630 ALARM SERVICE $603.36
48870 1/11/2022 654154 ALARM SERVICE $198.84
HOME DEPOT CREDIT SERVICES 48879 1/11/2022 12/13/2021 SUPPLIES $172.24 48879 1/11/2022 12/13/2021 SUPPLIES $299.35
48879 1/11/2022 12/13/2021 SUPPLIES $104.05
MARITIME INFORMATION
SYSTEMS, INC.
48889 1/11/2022 6093 REPORT SUBSCRIPTION $786.00
13 of 18 1/20/2022 10:31:04 AM
Fund # Vendor Name Check # Invoice Date Invoice Invoice Description Amount 0730 MAZE & ASSOCIATES 48891 1/11/2022 43204 AUDIT $3,030.00 NPM, INC. 48896 1/11/2022 183561 UST SERVICE $80.00
PACIFIC GAS & ELECTRIC 48979 1/19/2022 1506815321-0-
1/10 ELEC $163.76
48981 1/19/2022 6558284005-7-
1/11 ELEC $776.76
QUADIENT, INC. 48908 1/11/2022 16570125 INK FOR MAIL MACHINE $25.44 SALIX CONSULTING, INC. 48914 1/11/2022 0122-02 TARPLANT CENSUS 2021 $8,500.00
SANTA CRUZ COUNTY, WEIGHTS &
MEASURES
48917 1/11/2022 10432-2022 2022 PERMIT $359.80
STAPLES BUSINESS CREDIT 48952 1/12/2022 1639522996 SUPPLIES $129.96 SUPERIOR ALARM COMPANY 48923 1/11/2022 160843 ALARM MONITORING $127.50 48923 1/11/2022 161084 ALARM MONITORING $148.50
TOM UNSICKER 48930 1/11/2022 ar#100260 REFUND $205.00
VERIZON WIRELESS 48933 1/11/2022 9895664908 CITY CELL & DATA CHARGES FROM 11/23/21-12/22/21
$136.30
WATSONVILLE BLUEPRINT 48936 1/11/2022 103420 PRINTS $19.93 Fund Total $19,813.82
0740 A TOOL SHED RENTALS, INC. 48828 1/11/2022 1541334-6 LIFT PLATFORM RENTAL $202.72 AIR UNLIMITED 48829 1/11/2022 303311 PROPANE $206.07
48829 1/11/2022 303326 PROPANE $117.18
ASBURY ENVIRONMENTAL
SERVICES
48834 1/11/2022 I500-00781206 USED OIL SERVICE $95.00
BEWLEY'S CLEANING, INC. 48840 1/11/2022 010704 SERVICE $283.00 48840 1/11/2022 010783 SERVICE $283.00
CAMPOS BROS. RECOVERY, INC. 48848 1/11/2022 13763 APPLIANCE RECYCLING $750.00 48848 1/11/2022 13786 RECYCLE SERVICE $450.00
48848 1/11/2022 13732 SERVICE $553.00
CDW GOVERNMENT, INC. 48851 1/11/2022 Q285818 HP TONER FOR NEW PDO PRINTER $398.97 14 of 18 1/20/2022 10:31:04 AM
Fund # Vendor Name Check # Invoice Date Invoice Invoice Description Amount 0740 CLEARBLU ENVIRONMENTAL 48855 1/11/2022 26464 DEC SERVICES $2,171.87 D&G SANITATION 48859 1/11/2022 286737 SERVICE $103.79
FASTENAL COMPANY 48867 1/11/2022 CAWAT120666 PARTS $118.45
PACIFIC MATERIAL HANDLING
SOLUTIONS, INC
48901 1/11/2022 877306 TRAINING CLASS $1,018.03
PAJARO VALLEY FABRICATION
INC.
48902 1/11/2022 29429 REPAIR TRUCK WASH $1,649.16
48902 1/11/2022 29410 REPAIR DRAIN COVER $1,724.68
QED ENVIRONMENTAL SYSTEMS,
INC.
48907 1/11/2022 0000294240 EPS COMMANDER 6000 PANEL $17,356.11 QUADIENT, INC. 48908 1/11/2022 16570125 INK FOR MAIL MACHINE $25.44 RAYMUNDO MARTIN 48911 1/11/2022 12/28/21 PW-SAFETY BOOTS $175.00
RESOURCES RECYCLING &
RECOVERY
48983 1/19/2022 0000001415448 JULY-SEPT 2021 $1,301.70
SANDY RIVER MARKETING, INC. 48916 1/11/2022 27301 BEANIES $889.76 TARGET SPECIALTY PRODUCTS 48925 1/11/2022 INVP500659519 SUPPLIES $538.95 TERRA X PEST SERVICE, INC. 48926 1/11/2022 41489 SERVICE $126.00 ULINE 48931 1/11/2022 142371085 12/08/2021, INV#142371085 - PW GREEN PLASTIC PAIL.
$474.89
VERIZON WIRELESS 48933 1/11/2022 9895671963 MSC CELL & DATA CHARGES FROM 11/23/21-12/23/21
$149.02
48933 1/11/2022 9895671963 MSC CELL & DATA CHARGES FROM 11/23/21-12/23/21
$1.44
WEBER, HAYES AND ASSOCIATES,
INC
48938 1/11/2022 14043 ENVIRON SERVICES $520.00
Fund Total $31,683.23
0760 AIRTEC SERVICE,INC 48830 1/11/2022 19791 SERVICE TO MECHANICS BAY
HEATERS
$160.00
AT&T-CAL NET 2 48835 1/11/2022 000017515930 C60 CALNET CHARGES FROM 11/24/21-12/23/21
$336.80
BELL ELECTRICAL SUPPLY 48839 1/11/2022 5698420 FRT FOR MATERIALS $108.30 15 of 18 1/20/2022 10:31:04 AM
Fund # Vendor Name Check # Invoice Date Invoice Invoice Description Amount 0760 CALIFORNIA DEPARTMENT OF TAX
& FEE ADMINISTRATION
48946 1/12/2022 31-DEC-2021 FEE $1,184.00
48970 1/19/2022 057-425376-12/31 DIESEL FUEL RETURN $9,315.00 CHEVROLET OF WATSONVILLE 48853 1/11/2022 501269 PARTS $80.08 48853 1/11/2022 501163 PARTS $110.31
COAST COUNTIES TRUCK & EQUIP 48856 1/11/2022 02185840P CREDIT FOR PARTS RETURNED ($248.60) 48856 1/11/2022 02184019P PART $309.78
48856 1/11/2022 02186169P PARTS $20.49
FASTENAL COMPANY 48867 1/11/2022 CAWAT120690 PARTS $7.59 48867 1/11/2022 CAWAT120595 PARTS $247.30
48867 1/11/2022 CAWAT120384 PARTS $40.85
GRAINGER 48873 1/11/2022 9155314504 PARTS $150.03
HOME DEPOT CREDIT SERVICES 48879 1/11/2022 12/13/2021 SUPPLIES $75.36 KIMBALL MIDWEST 48884 1/11/2022 9464290 HARDWARE $162.78
PAJARO VALLEY FABRICATION
INC.
48902 1/11/2022 29445 LABOR TO REPAIR CRACKS ON FORK
& BODY FRAME
$600.00
48902 1/11/2022 29452 LABOR TO REPAIR AIR COOLER $318.85 48902 1/11/2022 29443 LABOR TO REPAIR CRACKS ON DUMP
TRUCK
$300.00
48902 1/11/2022 29434 LABOR TO REPAIR FORKS $300.00
QUINTERO TIRES WHEEL SERVICE 48910 1/11/2022 21034 LABOR AND ALIGNMENT ON 12/13/2021
$260.00
48910 1/11/2022 21079 LABOR AND ALIGNMENT ON
12/15/2021
$360.00
48910 1/11/2022 21125 WHEEL ALIGNMENT $70.00
RON DUPRATT FORD, INC. 48913 1/11/2022 269068 PARTS $514.76 48913 1/11/2022 270828 PARTS $98.18
48913 1/11/2022 270638 PARTS $134.52
SPECIALTY DISTRIBUTORS, INC 48921 1/11/2022 145965 PARTS $62.97 16 of 18 1/20/2022 10:31:04 AM
Fund # Vendor Name Check # Invoice Date Invoice Invoice Description Amount 0760 TIREHUB, LLC 48928 1/11/2022 24678754 TIRES $245.03
WATSONVILLE CHRYSLER DODGE
JEEP RAM
48937 1/11/2022 31676 PART $145.08
48937 1/11/2022 31674 PARTS $292.92
WESTERN TRUCK CENTER-SAN
LEANDRO, CA
48940 1/11/2022 084P17137 PARTS $147.49
Fund Total $15,909.87
0765 LENOVO INC. 48887 1/11/2022 6459372448 REPLACEMENT LAPTOP FOR TRAFFIC & F.S.
$3,003.45
Fund Total $3,003.45
0780 LWP CLAIMS SOLUTIONS INC 48973 1/19/2022 941-44578 TRUST DEPOSIT $52,658.01 48888 1/11/2022 20105 WORKERS COMPENSATION CLAIMS
MA
$13,913.00
48947 1/12/2022 20035 WORKERS COMPENSATION CLAIMS
MA
$13,913.00
Fund Total $80,484.01
0787 MES VISION 48948 1/12/2022 12/31/21 FUNDING $1,997.30 48974 1/19/2022 96-002-1/15/22 CLAIMS $1,392.48
Fund Total $3,389.78
0790 AT&T-CAL NET 2 48835 1/11/2022 000017516080 PRIMARY ACCT CHARGES FROM 11/24/21-12/23/21
$1,858.10
48835 1/11/2022 000017515930 C60 CALNET CHARGES FROM
11/24/21-12/23/21
$715.49
CDW GOVERNMENT, INC. 48851 1/11/2022 Q042486 SURFACE PEN FOR ERIK H $106.73
CRUZIO/THE INTERNET STORE
INC.
48857 1/11/2022 N29135-137 WIRELESS AP FOR THE CITY FOR FEB 2022
$150.00
PKT WELDING & FABRICATION 48950 1/12/2022 2188 ATTIC LADDER REPAIR $1,018.36 RICOH USA, INC 48912 1/11/2022 5063492726 COPIER CHARGES $150.87 17 of 18 1/20/2022 10:31:04 AM
Fund # Vendor Name Check # Invoice Date Invoice Invoice Description Amount 0790 VERIZON WIRELESS 48933 1/11/2022 9895664908 CITY CELL & DATA CHARGES FROM 11/23/21-12/22/21
$152.04
Fund Total $4,151.59
Total Total $1,474,440.07
18 of 18 1/20/2022 10:31:04 AM
CITY COUNCIL CITY OF WATSONVILLE
Miscellaneous Documents Report
January 25, 2022
MISCELLANEOUS DOCUMENTS REPORT
JANUARY 25, 2022
1.0 APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSES
-- P Llamas Corporation
Tacos el Jalisciense
January 5, 2022
--Konicke, Roland Christopher
Uncle Ro’s Pizza
January 11, 2022
Department of Alcoholic Beverage Control State of Ca li fo rnia APPLICATION FOR ALCOHOLIC BEVER,\GE LICENSE(S)
ABC 211 (6,99)
TO: Department of Alcoholic Beverage Control
1137 WESTRIDGE PARKWAY
SALINAS. CA 93907
File Number: 63-B79
Receipt Number: 2700772
Geographical Code: 4-t03
(831) 755-1990 Copies Mailed Date: January 5, 2022
Issued Date:
Received
Watsonville
City Clerk DISTRICT SERVING LOCATION: S:-\LI~AS
First Owner:
Name of Business:
Location of Business:
County:
Is Premises inside city limits?
Mailing Address:(If different
from
premises address)
Type oflicense(s):
Transferor's license/name:
License Tvpe
P LLAMAS CORPORATION
TACOS EL JALISCIENSE
168 MAIN ST
WATSONYILLE, CA 95076
SANTACRUZ .
Yes
41 419762 / EL POLLERO LLC
Transaction Type
41 - On-Sale Beer And Wine - Eating P PER
Master
y
License Tvpe
. .\pplication Fe<:!
. .\pplication F<:!e
Applicatio n Fee
Application F "'"'
41 - On-Sale Beer And Wine - Eat
Transaction Description
ST..\TE FINGERPRI NTS
PERSO\ TO PERSON TRF
FEDERAL FINGERPRINTS
ISSUE TEMPORARY PER.MIT
A,'JNUAL FEE
Have you ever been convicted of a felony? No
Fee Code
NA
NA
NA
NA
NA
JAN 07 2022
Census Tract: 1103.01
Dropping Partner: Yes No)(
Secondary LT And Count
Dup Date Fee
01 05122 $39.00
0 0 L 05/22 $350.00
0 L 05 22 $24.00
0 1, 05 122 $ 100.00
0 01 105 1
22 $4 75.00
Total $988.00
Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No
STATE OF CALIFOR.t\JIA County of SANTA CRUZ Date: January 5, 2022 Applicant Name(s)
P LLAMAS CORPORATION
Department of Alcoholic Beverage Control State of California APPLICATION FOR ALCOHOLIC BEVERAGE LICEI\SE(S) .-\BC 21116 991 TO: Department of Alcoholic Beverage Control
1137 WESTRIDGE PARKWAY
SALINAS, CA 93907
(831) 755-1990
File t\iumber: 634516
Receipt Number: 2701727
Geographical Code: 4403
Copies Mailed Date: January 11, 2022
Issued Date:
DISTRICT SERVING LOCATION:
First Owner:
Name of Business:
SALINAS
KONICKJ?;'ROLANI)Cfl}USTOPHER
UNCIE ~
Received
Watsonville
City Clerk
Location of Business: 1036 E LAKE AVE
\VATSO~VILLE, CA 95076-3406
County:
Is Premises inside city limits?
Mailing Address:(If different
from
premises address)
Type of license(s):
SANTACRUZ
Yes Census Tract: 1101.01
41 Dropping Partner: Yes
Transferor's license/name: 558752 / ZAlVIOR<\ZAMORA, AARON License Type Transaction Type
41 - On-Sak B-:er And Wine - Eating P PER
License Type
Application Fee
ApplicJtion Fee
Application Fee
Application Fee
--11 - On-Sale Beer And Wine - Eal
Transaction Description
STATE FNGERPRfNTS
PERSON TO PERSON TRF
FEDER.c\L F~GERPRfNTS
ISSUE TEMPOR.-\RY PERMIT
ANNCAL FEE
Have you ever been convicted of a felony? No
Master
y
Fee Code
NA
N.-\
N-\
NA
NA
SecondaD'. LT And Count
Dup Date Fee
I 01 /11/22 $39.00
0 01 / 11 /2 2 $350.00
01 /1 1/22 $24.00
I 01/13122 $100.00
0 0l / l l/22 $4 75.00
Total $988.00
Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pe11aining to the Act? No
STATE OF CALIFORNIA County of SANTA CRUZ Date: January 11, 2022 Applicant Name(s)
KONICKE, ROLAND CHRISTOPHER
City of Watsonville
1 January 25, 2022
Maria A. Hurtado, Peckham & McKenney
Community Forum
City Manager Recruitment
Background
Watsonville City Council Seeks Community Input
2 Community Survey
(Survey Open 12/15/21 – 1/3/22)
Community Forum
(1/25/22 Council Meeting)
Community Survey
• Surveys conducted in both English and Spanish
• Surveys were administered between:
December 15, 2021 – January 3, 2022
• Total of 258 responses received:
• 256 English Respondents
• 2 Spanish Respondents
• Distributed on City’s Website, Facebook,
Instagram, and 55 agencies/organizations which
include: American Red Cross, Assembly Members,
Santa Cruz County, Pajaro Valley Unified School
District, Rotary, Pajaro Valley Health Trust, YMCA,
Santa Cruz Office of Education, Schools, and a
variety of other local agencies and organizations
3
Results: Top 5 Personal Attributes
Top 5 Results (English Survey)
1. Strong Financial Understanding – 13.14%
2. Strong Manager of People and Resources – 13.03%
3. Commitment to Inclusive Leadership – 12.52%
4. Dynamic Leadership Skills – 11.74%
5. People Person & Relationship Builder – 11.56%
Top 5 Results (Spanish Survey)
1. Committed to Inclusive Leadership – 17%
2. Goal & Solutions-Oriented – 16%
3. Strong Work Ethic/Integrity/Discipline – 16%
4. Involvement & Presence in the Community – 14%
5. Dynamic Leadership – 13%
4 English Survey Spanish Survey
Top 5 Results (English Survey)
1. Experience as a City Manager/Administrator – 9.59%
2. Experience as an ACM, DCM or Dept. Head – 8.32%
3. Public Sector/Local Government Experience – 7.87%
4. Experience in an Agency of Similar Size, Scope,
Complexity, and Diversity – 7.80%
5. Experience Building a Strong Economic Base – 7.61%
Top 5 Results (Spanish Survey)
1. Experience as an ACM, DCM or Dept. Head – 11%
2. Proven Ability to Effectively Create/Maintain
Momentum and Effectively Lead – 11%
3. Public Sector/Local Government Experience – 10%
4. Track Record of Positive Community Relations – 10%
5. Track Record of Strong City Council Relations – 9%
5 Results: Top 5 Career Experience
English Survey
Spanish Survey
Top 5 Results (English Survey)
1. Financial Stability of City – 9.60%
2. Public Safety – 8.83%
3. Homelessness– 8.01%
4. Improvements of Capital Infrastructure – 7.76%
5. Economic/Business Climate/Economic & Business
Development – 7.31%
Top 5 Results (Spanish Survey)
1. Homelessness – 11%
2. Economic/Business Climate/Economic & Business
Development – 11%
3. Public Safety – 10%
4. Active Transportation (Biking and Walking
Infrastructure)– 10%
5. Financial Stability of City– 9%
6 Results: Top 5 Issues
English Survey
Spanish Survey
Community Survey Results
“Through feedback from a Community Survey,
the Watsonville community stated that they want
a City Manager that is committed to inclusive
leadership, is goal and solutions oriented, has
integrity and discipline with a strong work ethic,
and is a dynamic leader who is involved with and
has a strong presence in the community.”
“Through feedback from a Community Survey,
the Watsonville community stated that they want
a City Manager that is committed to inclusive
leadership, is goal and solutions oriented, has
integrity and discipline with a strong work ethic,
and is a dynamic leader who is involved with and
has a strong presence in the community.”
7 The following paragraph was included in the official Peckham & McKenney Recruitment Brochure to reflect the results of the community survey:
Next Steps
• Filing Deadline……………………….........
• Preliminary Interviews…………………..
• Recommendation of Candidates……
• Panel Interviews…..………………………..
8 February 10, 2022
February 23-24, 2022
March 8, 2022
March 22, 2022
Purpose of Tonight’s Community Forum
1. What important attributes do you feel the next
City Manager should possess?
2. What would you like the City Council to consider
when selecting a new City Manager?
9 In addition to the Community Survey, the City Council seeks additional public input on the most important qualities and skills for the next Watsonville City Manager:
1 1/20/2022 7:09:05 PM
C:\Program Files\eSCRIBE\TEMP\199468953\199468953,,,Minutes January 11, 2022.docx
MINUTES REGULAR CITY COUNCIL MEETING
January 11, 2022 City of Watsonville
Teleconference/Remote
4:30 p.m.
1. CLOSED SESSION CORRESPONDENCE
2. CLOSED SESSION
(City Council Conference Room, 275 Main Street, 4th Floor) (a) Public Comments regarding the Closed Session agenda were accepted by the City Council at that time.
Eli spoke in opposition of City Manager Pro Tempore Vides being permanently appointed as City Manager. She requested information about the cost for fencing the lot where the Bridge Street homeless encampment was located and asked Council to invest those funds into services for the homeless instead.
Xitlali expressed gratitude for the hotel vouchers that were provided to residents of the homeless encampment on Bridge Street and asked for a permanent solution to homelessness. She spoke in opposition of City Manager Pro Tempore Vides being permanently appointed as City Manager.
(b) Closed Session Announcement:
The City Council recessed the regular Council Meeting to discuss the matters that follow:
2.a. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Government Code Section 54956.9(a))
Name of case: Pájaro/Watsonville Homeless Union et. al. v. City of Watsonville et. al. (U.S. District Court- Case No. 5:2021cv09778)
2.b. PERSONNEL MATTERS
(Government Code Section 54957)
1. Public Employee Appointment/ Employment
Title: City Manager, City Clerk
6:35 p.m.
3. ROLL CALL
Mayor Parker, Mayor Pro Tempore Montesino and Council Members Dutra, Estrada, García and Hurst were present through Zoom webinar.
Staff members present through Zoom webinar were City Manager Pro Tempore Vides, City Attorney Zutler, City Clerk Vázquez Flores, Public Works & Utilities Director Di Renzo, Police Chief Zamora, Fire Chief Lopez, Administrative Services Director Czerwin, Community Development Director Merriam, Parks & Community Services Director Calubaquib, Library Director Martinez, Airport Director Williams, Deputy City Manager Manning, Assistant Public
2 1/20/2022 7:09:05 PM
C:\Program Files\eSCRIBE\TEMP\199468953\199468953,,,Minutes January 11, 2022.docx Works & Utilities Director Rodriguez, Assistant City Clerk Ortiz, Executive Assistant Pacheco, Interpreter Landaverry, and Consultant Todd Young.
3.a. MOTION TO EXCUSE ABSENT COUNCIL MEMBER(S) (None)
4. PLEDGE OF ALLEGIANCE
5. INFORMATION ITEMS
5.a. REPORT OF DISBURSEMENTS
6. CONSENT AGENDA
PUBLIC INPUT
Gabriel Medina congratulated Vanessa Quiroz-Carter for being elected Council Member representing District 2.
Eli expressed support for Item 6.f. She spoke about the importance of making meetings accessible for the community while promoting health and safety. She requested equity and transparency in regards to decisions relating to public health.
MOTION: It was moved by Member Hurst, seconded by Member Montesino, to approve the Consent Agenda.
Member Dutra expressed his concerns with Item 6.f. He stated other organizations and boards were still meeting in person. He said he was willing to have virtual Council meetings for a short period of time but requested a return to in-person meetings in the near future.
In answering Member García, City Clerk Vázquez Flores stated the planned technology upgrades for the Council Chambers would allow for hybrid meetings. She added that the upgrades were scheduled to begin in the summer.
MOTION: The above motion carried by the following vote:
AYES: MEMBERS: Dutra, Estrada, García, Hurst, Montesino, Parker NOES: MEMBERS: None
ABSENT: MEMBERS: None
6.a. MOTION APPROVING MINUTES OF DECEMBER 14 & 20, 2021
6.b. RESOLUTION NO. 1-22 (CM)
A RESOLUTION AWARDING CONSTRUCTION CONTRACT TO K. J. WOODS CONSTRUCTION, INC. FOR THE GREEN VALLEY & FREEDOM BOULEVARD WATER & SEWER IMPROVEMENTS PROJECT NO. SS-20-14623 IN THE AMOUNT OF $3,742,000; APPROPRIATING AN ADDITIONAL 10% CONTINGENCY FOR UNFORESEEN CHANGE ORDERS; AUTHORIZING $187,100 BUDGET APPROPRIATION FROM WATER ENTERPRISE FUND AND $187,100 FROM SEWER ENTERPRISE FUND (ESTIMATED
3 1/20/2022 7:09:05 PM
C:\Program Files\eSCRIBE\TEMP\199468953\199468953,,,Minutes January 11, 2022.docx COST OF $4,116,200: $1,727,785 WILL BE FUNDED FROM WATER ENTERPRISE FUND AND $2,388,415 FROM SEWER ENTERPRISE FUND)
6.c. RESOLUTION NO. 2-22 (CM)
A RESOLUTION AWARDING CONTRACT TO 4LEAF, INC., FOR CONSTRUCTION
MANAGEMENT & INSPECTION SERVICES FOR GREEN VALLEY & FREEDOM BOULEVARD WATER & SEWER IMPROVEMENTS PROJECT NO. SS-20-14623 IN AN AMOUNT NOT TO EXCEED $304,641
6.d. RESOLUTION NO. 3-22 (CM)
A RESOLUTION APPROVING THIRD AMENDMENT TO CONTRACT FOR CONSULTANT SERVICES WITH VERDE DESIGN, INC., EXTENDING THE TERM OF THE CONTRACT TO
PROVIDE DESIGN & CONSTRUCTION ADMINISTRATION SERVICES FOR THE
WATSONVILLE CITY PLAZA ADA RESTROOM PROJECT
6.e. RESOLUTION NO. 4-22 (CM)
A RESOLUTION DECLARING CANVASS OF SPECIAL MUNICIPAL ELECTION HELD ON DECEMBER 7, 2021
6.f. RESOLUTION NO. 5-22 (CM)
A RESOLUTION AUTHORIZING TELECONFERENCED PUBLIC MEETINGS FOR CITY
COUNCIL & ALL CITY COMMITTEES, COMMISSIONS, & BOARDS PURSUANT TO ASSEMBLY BILL 361
SUCCESSOR AGENCY FOR THE FORMER REDEVELOPMENT AGENCY MEETING
6.g. RESOLUTION NO. 1-22 (SA)
A RESOLUTION OF THE CITY COUNCIL, ACTING AS THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, PURSUANT TO HEALTH & SAFETY CODE SECTIONS 34171(j) AND SECTIONS 34173, APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD COMMENCING JULY 1, 2022 THROUGH JUNE 30, 2023, AS REQUIRED BY HEALTH & SAFETY CODE SECTION 34177(l)(1)
7. ITEMS REMOVED FROM CONSENT AGENDA (None)
CITY COUNCIL MEETING
8. OATH OF OFFICE TO NEWLY ELECTED COUNCIL MEMBER QUIROZ-CARTER
ADMINISTERED BY SANDRA QUIROZ-CARTER
8.a. COMMENTS FROM NEWLY ELECTED COUNCIL MEMBER QUIROZ-CARTER Member Quiroz-Carter spoke about effects of the pandemic and the importance of following guidelines to keep everyone safe. She spoke about the diversity of the community and stated she was looking forward to working with Council, City staff, and members of the community.
9. PRESENTATIONS & ORAL COMMUNICATIONS
9. a. ORAL COMMUNICATIONS FROM THE PUBLIC (2 MINUTES EACH) Steve Trujillo congratulated Member Quiroz-Carter on her election to Council. He spoke about the importance of equal representation in government. He expressed concerns regarding the lack
4 1/20/2022 7:09:05 PM
C:\Program Files\eSCRIBE\TEMP\199468953\199468953,,,Minutes January 11, 2022.docx of progress of the organic farm on Airport Boulevard and about the negative effects of spraying pesticides.
Xitlali, District 2, congratulated Member Quiroz-Carter on her election to Council. She expressed concerns regarding displacement of the homeless population and spoke about challenges they face.
Yesi spoke about the clearing of the homeless encampment near the Pájaro River and asked Council to prioritize affordable housing and resources for the homeless population.
Bernie Gomez spoke about Project Homekey in Salinas and a potential collaboration between the City and County to address homelessness. He spoke about the need for Council and the community to work together to address various issues.
Ricky Carmona stated he was a resident of the Bridge Street encampment that was recently cleared out. He stated community volunteers were giving aid to members of the homeless population. He requested Council work towards providing permanent housing.
Jessica Carrasco stated she was looking forward to collaborating with Member Quiroz-Carter in the future.
Sophie inquired about the signs placed around the City regarding overnight camping regulations.
She expressed concerns with the challenges faced by the homeless.
Zurya Rodriguez, District 1, requested Council provide adequate shelter for the homeless population.
Edgar Ibarra, District 2, asked Council to collaborate with the community to find creative solutions for City issues. He spoke about the importance of working together despite differing points of view. He asked Council to address homelessness.
Eli, District 7, congratulated Member Quiroz-Carter on her election to City Council and thanked Council members who endorsed her. She asked Council to provide adequate shelter for the homeless population. She spoke about the potential of purchasing land for the homeless and the need for permanent solutions.
Karina Moreno, District 5, congratulated Member Quiroz-Carter and welcomed City Attorney Zutler. She invited Council to speak with Families in Transition regarding the services they provide for the homeless population.
9.b. ORAL COMMUNICATIONS FROM THE COUNCIL (2 MINUTES EACH) Member Dutra thanked school faculty and classified workers for their efforts to support students in their return to school. He congratulated Member Quiroz-Carter on her election to Council. He spoke about his meeting with Congresswoman Zoe Lofgren to discuss community needs. He invited the public to attend the E.A. Hall sports field ribbon cutting event.
Member Estrada thanked Member Dutra for his work during his year as Mayor. He congratulated Member Quiroz-Carter on her election to Council and Police Chief Zamora and Mayor Parker on their recent appointments. He spoke about the importance of communication among all members of the community.
5 1/20/2022 7:09:05 PM
C:\Program Files\eSCRIBE\TEMP\199468953\199468953,,,Minutes January 11, 2022.docx Member García spoke about her meeting with several local non-profit organizations and members of Santa Cruz County’s Health and Human Services Department to discuss homelessness in the community. She spoke about County resources available for the homeless population. She spoke about her meeting with Congresswoman Zoe Lofgren regarding the City’s need for federal assistance in different areas.
Member Hurst welcomed Member Quiroz-Carter and congratulated Mayor Parker. He spoke about the issues the City would address in 2022. He spoke about Santa Cruz County Regional Transportation Commission’s upcoming meeting and concerns expressed by the public regarding use of the rail.
Mayor Pro Tempore Montesino congratulated newly appointed Police Chief Zamora and recently elected Council Member Quiroz-Carter.
Mayor Parker thanked teachers and school staff for their work. She congratulated newly appointed Police Chief Zamora and recently elected Council Member Quiroz-Carter. She spoke about her meeting with Assembly Member Rivas and stated she would be attending an upcoming meeting with him Congresswoman Zoe Lofgren and other Council members. She spoke about the completion of the E.A. Hall sports field.
9.c. REPORT OUT OF CLOSED SESSION no action taken
City Attorney Zutler stated that Council received reports on all items, but took no final action.
9.d. MAYOR’S PROCLAMATION FOR ROBERT P. GÓMEZ
10. REPORTS TO COUNCIL (No Action Required)
10.a. RAMSAY PARK RENAISSANCE 30 PERCENT DESIGN UPDATE
1) Oral Report by Parks & Community Services Director Calubaquib & Verde Design Senior Project Manager Todd Young
2) Council Questions
Member Dutra spoke about the possibility of adding a media room to the Nature Center, which would allow attendees to learn about Watsonville’s history.
In answering Member García, Parks & Community Services Director Calubaquib spoke about the continuation of the wetlands trail walks guided by Nature Center staff.
Parks & Community Services Director Calubaquib, in answering Member Estrada, spoke about the City’s partnership with Pájaro Valley Unified School District for joint use facilities.
He stated the District asked the City to manage the community usage and rental of the new E.A. Hall sports field.
In answering Member Estrada, Parks & Community Services Director Calubaquib and Senior Project Manager Young spoke about the plans to address lighting and drainage issues on the parks’ soccer field.
In answering Mayor Pro Tempore Montesino, Senior Project Manager Young stated the soccer field renovations would allow for youth and adult fields. He spoke about potential issues with having both synthetic and natural grass sections on the field.
6 1/20/2022 7:09:05 PM
C:\Program Files\eSCRIBE\TEMP\199468953\199468953,,,Minutes January 11, 2022.docx Senior Project Manager Young, in answering Mayor Parker, spoke about the proposed spin and climb zone.
11. EMERGENCY ITEMS ADDED TO AGENDA - None
12. REQUESTS & SCHEDULING FUTURE AGENDA ITEMS
Member García requested a study session to explore potential solutions to address homelessness.
13. ADJOURNMENT
The meeting was adjourned at 8:32 p.m.
__________________________ __
Ari Parker, Mayor
ATTEST:
_____________________ _________
Beatriz Vazquez Flores, City Clerk
Agenda Report
MEETING DATE: Tuesday, January 25, 2022
TO: City Council
FROM: ADMINISTRATIVE SERVICES DIRECTOR CZERWIN
Marissa Duran, Assistant Finance Director
SUBJECT: MOTION TO ACCEPT JULY 2021 THROUGH SEPTEMBER 2021
INVESTMENT REPORT
STATEMENT OF ISSUES:
The City Council is asked to accept the quarterly Investment Report.
RECOMMENDED ACTION:
It is recommended that the City Council, by motion, accept the Investment Report for the period of July 2021 through September 2021.
DISCUSSION:
The City’s idle funds are invested to earn a competitive yield and to accommodate the City’s need for liquidity. Investments of idle funds are only made in investment types/instruments approved by the Council. Every year in January, the Council re-adopts the City’s Investment Policy. As shown on Table 1 below, the City’s Investment Portfolio in September 2021 was
92.4 million dollars. Our current holdings include: City Investments, Street Assessments, LAIF and CAMP.
The City portfolio includes: the California Asset Management Program (CAMP). This Program has been around since 1989 and has been serving the investment needs of public agencies. CAMP is a pool, which is a short-term cash reserve portfolio and cash management vehicle. The investment is AAA rated by Standard & Poor’s. They offer sameday liquidity, competitive yield, and monthly interest payments and zero out of pocket expenses. The City’s current investment in CAMP is in the amount of $19.3 million dollars.
The City has used LAIF (Local Agency Investment Fund) as a primary benchmark for the last several years. LAIF is a good benchmark for the City as the average days to maturity of its investments is similar to the City’s investment maturity. Currently we are essentially at the LAIF earnings rate.
1/20/2022 8:41:11 PM
C:\Program Files\eSCRIBE\TEMP\2041970565\2041970565,,,Report - Accepting Investment Report Jul - Sept.docx PORTFOLIO RESULTS:
The results from the last several months are shown below on Table 1.
Table I
July August September
Cash Invested ($MM) 94.1 94.1 94.1
City’s Average Maturity (Days) 25.8 25.2 24.7
City’s Average Yield 0.29% 0.29% 0.29%
LAIF Yield 0.29% 0.29% 0.29%
LAIF Cash Invested ($MM) 73.1 73.1 73.1
THE ECONOMY:
The sectors most adversely affected by the pandemic have improved in recent months but continue to be affected by COVID-19. Job gains have been improving in recent months and the unemployment rate has declined. Supply and demand imbalances related to the pandemic and the reopening of the economy have continued to contribute to elevated levels of inflation.
Overall financial conditions remain accommodative, in part reflecting policy measures to support the economy and the flow of credit to U.S. households and businesses.
The path of the economy continues to depend on the course of the virus. Progress on vaccinations and an easing of supply constraints are expected to support continued gains in economic activity and employment as well as a reduction in inflation. Risks to the economic outlook remain, including from new variants of the virus.
In assessing the appropriate stance of the monetary policy, the Federal Open Reserve Committee (Committee) has assured the public they will continue to monitor the implications of incoming information for the economic outlook. The Committee is prepared to adjust the stance of monetary policy as appropriate risks emerge that could impede the attainment of the Committee’s goals. The Committee’s assessments will consider a wide range of information, including readings on public health, labor market conditions, inflation pressures and inflation expectation, and financial and international developments.
FINANCIAL IMPACT:
As inflationary pressures persist, the economy broadly strengthens and the labor market tightens, we expect the Committee to continue tightening monetary policy throughout 2023.
Financial markets are also adjusting to a more hawkish pivot from the Committee as well.
ATTACHMENTS AND/OR REFERENCES (If any):
1) July through September 2021 Investment Portfolio
City of Watsonville
Investment Position Report
31-Jul-21 Current
Coup. Yield Maturity Face Purchase General Ledger Market Purchase Rate (YTM) Date Value Price Balance Value Date
Treasury Notes (**) 0.0%
Totals 0 0 0 0
Average Maturity (Days/Years) 0.0
Agency Notes(**) 0.0%
Call date
Totals 0.00% 0 0 0 0
Average Maturity (Days/Years) 0 0.0
Average Duration
City Investments 1.7%
Side Fund Pool Inv - PD 2.000% 2.00% 30-Jun-25 865,765 865,765 865,765 865,765 28-Jun-11 Side Fund Pool Inv - FF 2.000% 2.00% 30-Jun-25 777,555 777,555 777,555 777,555 28-Jun-11 Totals 1,643,320 1,643,320 1,643,320 1,643,320
Average Maturity (Days/Years) 2.00%
Average Duration 1,430
98.3%
Pooled Investment
LAIF N/A 0.29% Demand 73,148,093 73,148,093 73,148,093 73,507,455 Various CAMP N/A 0.10% Demand 19,280,680 19,280,680 19,280,680 19,280,680 Various 92,428,774 92,428,774 92,428,774 92,788,135
94,072,094 94,072,094 94,072,094 94,431,455
Totals 0.29%
Average Maturity (Days/Years) 25.8 Activity Report
31-Jul-21 Days -22.0
Source:
Attachment 1
City of Watsonville
Investment Reports
Jul-21
We certify that the investment report conforms to the City of Watsonville's Investment Policy and that the City's next 6 month's cash needs can be met if past trends continue.
Cynthia Czerwin Marissa Duran
Administrative Services Director Assistant Finance Director Portfolio Average Return 0.29%
Average Maturity (Days) 25.8
Comparative Yields:
LAIF 0.29%
One Year Agency Note 0.06%
Six Month -Treasury Bills 0.04%
Attachment 1
City of Watsonville
Investment Position Report
31-Aug-21 Current
Coup. Yield Maturity Face Purchase General Ledger Market Purchase Rate (YTM) Date Value Price Balance Value Date
Treasury Notes (**) 0.0%
Totals 0 0 0 0
Average Maturity (Days/Years) 0.0
Agency Notes(**) 0.0%
Call date
Totals 0.00% 0 0 0 0
Average Maturity (Days/Years) 0 0.0
Average Duration
City Investments 1.7%
Side Fund Pool Inv - PD 2.000% 2.00% 30-Jun-25 865,765 865,765 865,765 865,765 28-Jun-11 Side Fund Pool Inv - FF 2.000% 2.00% 30-Jun-25 777,555 777,555 777,555 777,555 28-Jun-11 Totals 1,643,320 1,643,320 1,643,320 1,643,320
Average Maturity (Days/Years) 2.00%
Average Duration 1,399
98.3%
Pooled Investment
LAIF N/A 0.28% Demand 73,148,093 73,148,093 73,148,093 73,507,455 Various CAMP N/A 0.07% Demand 19,281,529 19,281,529 19,281,529 19,281,529 Various 92,429,623 92,429,623 92,429,623 92,788,984
94,072,943 94,072,943 94,072,943 94,432,304
Totals 0.28%
Average Maturity (Days/Years) 25.2 Activity Report
31-Aug-21 Days -22.6
Source:
Attachment 1
City of Watsonville
Investment Reports
Aug-21
We certify that the investment report conforms to the City of Watsonville's Investment Policy and that the City's next 6 month's cash needs can be met if past trends continue.
Cynthia Czerwin Marissa Duran
Administrative Services Director Assistant Finance Director Portfolio Average Return 0.28%
Average Maturity (Days) 25.2
Comparative Yields:
LAIF 0.28%
One Year Agency Note 0.06%
Six Month -Treasury Bills 0.04%
Attachment 1
City of Watsonville
Investment Position Report
30-Sep-21 Current
Coup. Yield Maturity Face Purchase General Ledger Market Purchase Rate (YTM) Date Value Price Balance Value Date
Treasury Notes (**) 0.0%
Totals 0 0 0 0
Average Maturity (Days/Years) 0.0
Agency Notes(**) 0.0%
Call date
Totals 0.00% 0 0 0 0
Average Maturity (Days/Years) 0 0.0
Average Duration
City Investments 1.7%
Side Fund Pool Inv - PD 2.000% 2.00% 30-Jun-25 865,765 865,765 865,765 865,765 28-Jun-11 Side Fund Pool Inv - FF 2.000% 2.00% 30-Jun-25 777,555 777,555 777,555 777,555 28-Jun-11 Totals 1,643,320 1,643,320 1,643,320 1,643,320
Average Maturity (Days/Years) 2.00%
Average Duration 1,369
98.3%
Pooled Investment
LAIF N/A 0.26% Demand 73,148,093 73,148,093 73,148,093 73,507,455 Various CAMP N/A 0.07% Demand 19,282,332 19,282,332 19,282,332 19,282,332 Various 92,430,426 92,430,426 92,430,426 92,789,787
94,073,746 94,073,746 94,073,746 94,433,107
Totals 0.26%
Average Maturity (Days/Years) 24.7 Activity Report
30-Sep-21 Days -23.1
Source:
Attachment 1
City of Watsonville
Investment Reports
Sep-21
We certify that the investment report conforms to the City of Watsonville's Investment Policy and that the City's next 6 month's cash needs can be met if past trends continue.
Cynthia Czerwin Marissa Duran
Administrative Services Director Assistant Finance Director Portfolio Average Return 0.26%
Average Maturity (Days) 24.7
Comparative Yields:
LAIF 0.26%
One Year Agency Note 0.06%
Six Month -Treasury Bills 0.04%
Attachment 1
1/20/2022 8:42:26 PM
C:\Program Files\eSCRIBE\TEMP\20422464573\20422464573,,,Report - Adopting Investment Policy 2022 .docx Agenda Report
MEETING DATE: Tuesday, January 25, 2022
TO: City Council
FROM: ADMINISTRATIVE SERVICES DIRECTOR CZERWIN
MARISSA DURAN, ASSISTANT FINANCE DIRECTOR
SUBJECT: RESOLUTION ADOPTING THE CITY OF WATSONVILLE
INVESTMENT POLICY FOR CALENDAR YEAR 2022 AND
DIRECTING THE ADMINISTRATIVE SERVICES DIRECTOR TO
IMPLEMENT THE POLICY
RECOMMENDED ACTION:
It is recommended that the City Council Approve a Resolution Adopting the Calendar Year 2022 City of Watsonville Investment Policy and Directing the Administrative Services Director to Implement the Policy.
DISCUSSION:
The City's Investment Policy and State law recommend that the governing body of the City annually review the Investment Policy. The City of Watsonville Investment Policy was last reviewed and adopted by the City Council in October of 2021.
The purpose of the policy is to provide guidelines to the City Treasurer and staff for the investment of idle cash. Funds are invested in a manner that will earn a competitive yield in accordance with the City's needs for liquidity and safety while at the same time maximizing investments earnings. The Investment Policy intent is to ensure and promote investment practices that are consistent with the policy, prudent in nature and that provide for the financial operational needs of the City.
In accordance with the policy the City Treasurer is delegated investment authority by the Council. In this delegated capacity, the City Treasurer may conduct Investment Committee meetings with staff to discuss investment options and provide direction for the investment of idle cash. A quarterly investment report is prepared by the Finance Department and submitted to the City Council at a regularly scheduled council meeting. Currently, the City does not contract with a third party administrator to make investment decisions.
STRATEGIC PLAN:
The recommendation supports the principles used of the Strategic Plan by focusing on the most effective utilization of resources.
1/20/2022 8:42:26 PM
C:\Program Files\eSCRIBE\TEMP\20422464573\20422464573,,,Report - Adopting Investment Policy 2022 .docx FINANCIAL IMPACT:
None
ALTERNATIVE ACTION:
The City Council could recommend other investment types or change the portfolio investment percentage limits, but making percentage change limits would deviate from the ones allowed in the government code section 53600 et seq.
ATTACHMENTS AND/OR REFERENCES (If any):
None.
Reso No. (CM)
C:\Program Files\eSCRIBE\TEMP\18121412187\18121412187,,,Resolution - Investment Policy 2022.docx ri 1/18/2022 6:12:16 PM
1 RESOLUTION NO. (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE ADOPTING AND CONFIRMING THE CITY OF
WATSONVILLE INVESTMENT POLICY FOR CALENDAR YEAR 2022
AND DIRECTING THE ADMINISTRATIVE SERVICES DIRECTOR TO
IMPLEMENT THE POLICY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. That the City Council does hereby adopt, confirm and approve the City of Watsonville Investment Policy for Calendar Year 2022, attached hereto as Exhibit “A,” and incorporated by this reference as its policy for the investment of funds not required for the immediate necessities of the City for the period January 1, 2022 to December 31, 2022.
2. That the Administrative Services Director, in their additional role as City Treasurer1, is hereby directed to comply with and is authorized to do all things necessary to implement such Policy for calendar year 2022.
*********************************
1 Watsonville Municipal Code § 2-3.404
Exhibit “A”
CITY OF WATSONVILLE
INVESTMENT POLICY FOR CALENDAR YEAR 2022
Exhibit “A”
CITY OF WATSONVILLE
INVESTMENT POLICY
Introduction
The investment objective of the City of Watsonville is to ensure the safety and liquidity, while maintaining a competitive yield, of the City's temporarily idle funds.
The purpose of this policy is to provide guidelines to the officers of the City charged with responsibility for investments. This policy and State law (government section 53600 et seq.) govern the execution of the investment responsibility.
The City Council, after each annual review, delegates investment authority to the City’s Treasurer (Administrative Services Director). The Treasurer (Administrative Services Director), under the direction of the City Manager, is responsible for administering the City's investments.
Scope
This policy applies to the investment of all City funds not required for immediate expenditure, excluding proceeds from certain bond issues that are covered by bond documents. The City will concentrate cash and reserve balances from all funds to maximize investments earnings. Investment income will be allocated to funds, other than the General Fund, as required by the funds restrictions, based upon their respective pool participation and in accordance with general accepted accounting principles.
Objectives
Funds of the City will be invested in accordance with California Government Code Sections 53600 et. seq. The objectives of the Investment Policy are to meet the short and long-term cash flow demands of the City. The portfolio will be structured to provide the following (in priority order):
1) Safety The safety and risk associated with an investment refers to the potential loss of principal, interest or combination of these items. The City controls credit risk by investing only in specified, quality investments listed in the City's investment policy, which have little chance of principal loss. Interest rate risk or market risk refers to potential economic risk, which occurs when interest rates increase, devaluing the principal of fixed income investments. To limit this risk, the City normally invests in securities with an ultimate maturity of 5 years or less, except as authorized by City Council.
2) Liquidity This concept refers to the ability to raise cash for City operations at any moment. Liquidity achieved by purchasing securities, which are traded by a large number of market makers and have relatively short maturities.
Exhibit “A”
3) Yield Yield is the potential dollar earnings an investment can provide from both interest payments and capital appreciation. To obtain the highest yield, Finance will seek competitive quotes on like investments when purchasing an investment. Yields of investments are to be independently calculated and verified by Finance on all transactions.
It is the City’s intent, at the time of purchase, to hold all investments until maturity.
However, investments may be sold prior to maturity for cash flow purposes or to take advantage of principal appreciation.
Prudence
The standard of prudence to be used by the City Treasurer (Administrative Services Director) or designee shall be the “prudent person” standard and shall be applied in the context of managing an overall portfolio. The City Treasurer (Administrative Services Director) or designee acting in accordance with this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported to the City Council in a timely fashion and the liquidity and the sale of securities are carried out in an accordance with the terms of this policy.
Except as provided in Government Code 27000.3(a), all governing bodies of local agencies and persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law.
Ethics and Conflicts of Interest
Officers or employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions.
Employees and investment officials shall disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with which business is conducted on behalf of the City.
Exhibit “A”
Delegation of Authority
The Administrative Services Director, in the capacity of City Treasurer, is designated as the Chief Investment Officer of the City and is responsible for investment decisions and activities, under the direction of the City Manager. The Administrative Services Director shall develop and maintain written administrative procedures for the operation of the investment program by qualified Finance Department staff, consistent with the Statement of Investment and Portfolio Policy.
No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Director of Finance. The Director of Finance shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. Use of an investment advisor shall be only under contract approved by City Council.
Investment Committee
There is hereby created an Investment Committee, consisting of the City Manager or their designee, the Director of Finance, Assistant Director of Finance, and investment staff.
Members of the Investment Committee shall serve without compensation, and shall meet as needed. The Investment Committee shall include in its deliberations such topics as:
economic outlook, portfolio diversification, maturity structure, potential risks to the City's funds, authorized depositories, and selection of banks and primary dealers.
Safekeeping
All securities shall be kept in the custody of the City or by a qualified safekeeping institution. If securities are kept by a safekeeping institution, the City shall have access to buy and sell such securities independently of any broker.
Delivery vs. Payment
All trades of market securities will be executed by delivery versus payment (DVP) to ensure that securities are deposited in an eligible institution prior to the release of funds.
Authorized Financial Dealers and Institutions
The City shall transact business only with banks, associations, and with broker/dealers licensed by the State of California.
Authorized Investment Types
This approach affords the City a broad spectrum of investment opportunities allowable under current State of California law (Government Code 53600 et seq.). Investments shall be made only in securities for which market value information is generally available.
Investments may be made in the following instruments:
Portfolio
Limit Investment Type
No limit Securities of the US government or its agencies
Exhibit “A”
No limit Local Agency Investment Fund (State Pool) demand deposits No limit Passbook savings account demand deposits
No limit Debt of the City of Watsonville
No limit California Asset Management Program (CAMP JPA) 20% Money Market Mutual Fund – (funds containing securities issued or guaranteed by the U.S. Government; fund dollar-weighted average maturity of ninety (90) days or less, with no single instrument with more than thirteen (13) months, and consist only of dollardenominated securities) 20% Repurchase agreements (repos) for a term of one year or less 30% Certificates of Deposit (or time deposits) placed with commercial banks or like institutions such as credit unions. Certificates of deposit in financial institutions with local branches shall be made only to the extent warranted by the offered yield, liquidity and safety compared to that available from other institutions.
30% Negotiable Certificates of Deposits issued by nationally or statechartered commercial banks, federally insured credit unions, or the state licensed branch of a foreign bank.
40% Bankers Acceptances not to exceed 180 days maturity; no more than 30 percent of the City's surplus funds may be invested in any one commercial bank.
25% Commercial Paper of corporations having total assets of $500 million or more and having an "A" or higher rating for the issuer's debt from Moody's or Standard & Poor's, not to exceed 270 days in maturity and the City shall not purchase more than 10%of the outstanding commercial paper of any one issuer.
30% Medium term corporate notes, with a maximum 5-year maturity.
Prohibited Investment Types
In accordance with Section 53601.6 of the California Government Code, the City shall not invest any funds in inverse floaters, range notes, or mortgage-derived interest only strips.
In addition, the City shall not invest any funds in any security that could result in zero interest accrual if held to maturity.
Exhibit “A”
Diversification
Investments shall be diversified among institutions, type of securities and maturities to maximize safety and yield with changing market conditions; investments with a maturity at purchase of more than 5 years shall be approved by City Council.
Reporting
The Treasurer (Administrative Services Director) shall report quarterly to the City Manager and City Council the following information on investments owned by the City:
- Investment - Coupon - Yield
- Face Value - Purchase Price - Market Value
- Purchase Date - Maturity Date - Portfolio Yield
- Portfolio Maturity
This policy shall be reviewed each calendar year by City Council.
First Council adopted investment policy, 18-89 (cm). Replaced by 244-92 (cm), 388-96 (cm), 296-97 (cm), 216-98 (cm), 295-99 (cm), 129-00 (cm), 262-01 (cm), 280-02 (cm), 87-03 (cm), 254-04 (cm), 242-05 (cm), 36-07 (cm), 16-08 (cm), 13-09 (cm), 202-11 (cm), 143-12 (cm), 167-13(cm), 155-15 (cm), 165-17 (cm), 1-19 (cm), 96-20 (cm), 44-21 (cm).
1/19/2022 1:03:49 PM
C:\Program Files\eSCRIBE\TEMP\1334739389\1334739389,,,First Amendment to Contract with CSG Consultants, Inc. for On Call Engineering Plan Check Review Services.docx
Agenda Report
MEETING DATE: Tuesday, January 25, 2022
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR DI RENZO
MARIA ESTHER RODRIGUEZ, ASSISTANT DIRECTOR OF PUBLIC
WORKS & UTILITIES/CITY ENGINEER
SUBJECT: FIRST AMENDMENT TO CONSULTANT SERVICES CONTRACT WITH CSG CONSULTANTS, INC. FOR ON-CALL ENGINEERING
PLAN CHECK REVIEW SERVICES IN AN ADDITIONAL AMOUNT
NOT TO EXCEED $100,000
STATEMENT OF ISSUES:
Engineering plan check review of private development projects has been increasing over the past few years and additional reviewers are needed to be able to maintain a timely review of projects.
RECOMMENDED ACTION:
It is recommended that the City Council approve the first amendment to the Consultant Services Contract with CSG Consultants, Inc. for On-Call Engineering Plan Check Review Services in an additional amount not to exceed $100,000.
DISCUSSION:
The Public Works and Utilities Department (PW&U) has engineering staff that participates in engineering plan check review for private development projects. In the past few years, the City has experienced an increase in private development engineering reviews based on the number and the complexity of these projects.
In 2018, PW&U sought staffing assistance for various types of projects and services through a request for proposals and qualifications for engineering services. CSG Consultant, Inc. (CSG) was selected to perform these engineering and plan check services. CSG has been working with the Community Development Department on reviews of private development projects over the years in the areas of Fire and Building reviews.
On September 28, 2020, the City Manager executed an agreement with CSG for engineering plan check review services in an amount not to exceed $75,000. Over the 15 months, staff has called upon CSG to perform review of various projects and is approaching the appropriations threshold. Staff recommends the contract be amended to include an additional amount not to exceed $100,000 to continue to provide these services as a staff
1/19/2022 1:03:49 PM
C:\Program Files\eSCRIBE\TEMP\1334739389\1334739389,,,First Amendment to Contract with CSG Consultants, Inc. for On Call Engineering Plan Check Review Services.docx
augment. The cost for their review is paid for by private developer fees specific to each project reviewed.
STRATEGIC PLAN:
This amendment is consistent with the Strategic Plan Goals:
1-Housing
3-Infrastructure & Environment
FINANCIAL IMPACT:
The costs associated with this amendment are paid for by developer fees for each specific project, as appropriate.
ALTERNATIVE ACTION:
Not approving the amendment would place additional burden on city staff and slow down development review efforts.
ATTACHMENTS AND/OR REFERENCES (If any):
None
Reso No. (CM)
Meeting Date: 012522 SWZ ______ TV ______ PWU ______
1 RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE
APPROVING FIRST AMENDMENT TO CONTRACT FOR CONSULTANT
SERVICES BETWEEN THE CITY OF WATSONVILLE AND CSG
CONSULTANTS, INC., A CORPORATION, INCREASING CONTRACT
COMPENSATION BY $100,000 FOR ON-CALL ENGINEERING PLAN
CHECK REVIEW SERVICES, AND AUTHORIZING AND DIRECTING THE
CITY MANAGER PRO TEMPORE TO EXECUTE SAME
WHEREAS, on September 28, 2020, the City executed a Contract for Consultant Services with CSG Consultants, Inc., to provide On-Call Engineering Plan Check Review Services, in an amount not to exceed $75,000; and
WHEREAS, this First Amendment to the Contract will increase the contract amount by $100,000 (from $75,000 to $175,000) to continue to provide these services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. That the First Amendment to Contract for Consultant Services between the City of Watsonville and CSG Consultants, Inc., a corporation, to provide On-Call Engineering Plan Check Review Services, a copy of which is attached hereto and incorporated herein by this reference, is fair and equitable and is hereby approved.
2. That the City Manager Pro Tempore be and is hereby authorized and directed to execute said First Amendment for and on behalf of the City of Watsonville, with minor revisions that may be approved by the City Manager Pro Tempore and the City Attorney.
*******************************************
EXHIBIT "C"
COMPENSATION
FIRST AMENDMENT
a. Total Compensation. The total obligation of City under this contract shall not exceed $175,000 per fees identified in attached Exhibit C: 2021-22 Engineering Division Hourly Rates.
b. Basis for Payment. Payment(s) to Consultant for services performed under this Contract shall be made as follows and shall not include payment for reimbursable expenses.
c. Payment Request. Consultant shall submit a request for payment for services on a monthly basis by letter to Director, or said Director’s designated representative.
Such request for payment shall cover the preceding monthly period during the term hereof, shall note the City’s purchase order number for this contract, shall contain detailed listing of the total number of items or tasks or hours for which payment is requested, the individual dates on which such services were rendered, and invoices for reimbursable expenses, if any. Upon receipt in the office of Director of said payment request, Director shall cause payment to be initiated to Consultant for appropriate compensation.
2021-22 Engineering Division Hourly Rates
CSG services are billed on a time-and-materials basis according to our Standard Rates, shown below.
Professional Engineering Services 2021-22
Hourly Rate
Engineering Trainee $60
Administrative Assistant $80
Analyst $135
Engineering Designer/CASp Inspection & Consultation $145 Construction Inspector $145
Senior Analyst $160
Assistant Resident Engineer $175
Assistant Engineer $150
Associate Engineer $175
Senior Construction Inspector $165
Senior Engineer $205
Senior Land Surveyor $205
Resident Engineer $210
Structure Representative $210
Senior Structural Engineer $225
Senior Project Manager $225
Principal Engineer $240
Senior Principal Engineer $260
Two-Person Survey Crew $340
Sustainability Program Management Services Hourly Rate
Sustainability Program Analyst $135
Sustainability Program Senior Analyst $160
Sustainability Program Manager $190
All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, travel and office expenses. CSG will coordinate the pickup and return of plans to and from CSG offices.
Overtime work will be billed at 1.5x the hourly rates indicated in the table above. On each anniversary of the contract start date, CSG will initiate a rate increase based on change in CPI-U for the applicable region. CSG will mail/email an invoice every month for services rendered during the previous month.
C:\Program Files\eSCRIBE\TEMP\20324187774\20324187774,,,EXTENSION OF INTERIM IT DIRECTOR SERVICES CONTRACT WITH SDI PRESENCE LLC.docx
Agenda Report
MEETING DATE: Tuesday, January 25, 2022
TO: City Council
FROM: CITY MANAGER PRO TEMPORE VIDES
RAUNEL ZAVALA, ADMINISTRATIVE ANALYST
SUBJECT: FIRST AMENDMENT TO CONTRACT WITH SDI PRESENCE LLC.
ADDING TO THE SCOPE OF WORK, INCREASING THE
COMPENSATION BY $110,600 AND EXTENDING THE TERM OF THE
CONTRACT TO PROVIDE DIRECTION AND RECRUITMENT
SERVICES FOR THE CITY’S IT DEPARTMENT AND AUTHORIZING
CITY
STATEMENT OF ISSUES:
The City’s Director for the Innovation & Technology (IT) Department retired on 7/23/21. SDI Presence, LLC, a limited liability company (SDI) has been providing Interim IT Director services for the past five months. The City is currently recruiting a full time IT Director and estimates that by March this position could be filled. In the meantime, the City would like to amend and extend the contract with SDI until 4/30/2022 adding an additional 3 months of service to the original contract.
RECOMMENDED ACTION:
It is recommended that the City Council approve the First Amendment to the contract with SDI Presence, LLC., adding to the scope of work, increasing contract compensation by $110,600, and extending the term of the contract to continue serving as Interim IT Department Director and lead the recruitment process for the IT Director position of the City of Watsonville.
DISCUSSION:
The City contracted with SDI on July 19, 2021, to provide Interim Director Services to the City’s IT Department. During this time SDI assigned Mr. Scott Sanders to serve the City in this capacity. Mr. Sanders has been able to provide steady direction to the IT Team, developed a work plan for the Department, established a new governance structure for the IT Technical Advisory Committee Board, and developed a new organizational chart for the team, employing the team members as direct liaisons with other City departments to increase responsiveness and service.
During the initial term of this contract, Mr. Sanders has led the implementation of several large and critical IT projects such as the Council Chamber Audiovisual Renovation, upgrades
C:\Program Files\eSCRIBE\TEMP\20324187774\20324187774,,,EXTENSION OF INTERIM IT DIRECTOR SERVICES CONTRACT WITH SDI PRESENCE LLC.docx
to Public Works fleet management program and gas distribution software, implementation of a service desk system to track incoming requests and prioritize work orders, completed a network security assessment, hiring three new IT analyst and two GIS Analysts, has selected a cybersecurity training program for all City employees, and has started work to improve the City’s Payment Card Industry (PCI) and Criminal Justice Information System (CJIS) standards compliance.
SDI, through the assignment of Mr. Sanders to serve as Interim IT Director has provided excellent service to the City during the past five months of their contract. At this time, and as part of the scope of the contract, SDI is assisting with the recruitment and selection process of the City’s permanent IT Director. This contract amendment will allow for Mr. Sanders to continue to serve as the Interim IT Director until the recruitment process is complete and the City hires the next IT Director.
STRATEGIC PLAN:
07 – Efficient and High Performing Government
The recommended action is consistent with the City’s strategic goal of running an efficient and high performing organization to ensure the organizational viability needed to serve the residents and businesses of Watsonville today and in the future.
FINANCIAL IMPACT:
The City has requested an estimated cost proposal to extend the original contract for three months of full time onsite Interim Director Services. The anticipated cost for these services is estimated not exceed $110,600.00.
ALTERNATIVE ACTION:
The City Council may choose not to approve the First Amendment to the Contract with SDI.
ATTACHMENTS AND/OR REFERENCES (If any):
1) Proposal Letter from SDI Presence, LLC dated 1/4/22
SDI Presence Proposal to City of Watsonville
Interim IT Director and Recruiting Services
1 January 4, 2022
Ms. Tamara Vides
Interim City Manager
City of Watsonville
275 Main Street
Watsonville. CA 95076
RE: Interim CIO and Recruiting Services Proposal
Dear Ms. Vides,
SDI Presence LLC (SDI) respectfully submits our Proposal to the City of Watsonville (City) to extend Interim Innovation & Technology (IT) Director and Recruiting Services. SDI is a management consulting firm that helps public sector clients enhance their use of technology. Since 1999, SDI’s West Coast Division has worked with 120+ local government agencies to complete more than 180 IT and Network Assessments; IT, GIS, and Fiber Optic Strategic Plans; IT Service Delivery Assessments; IT Policy and Procedure Development; Project Management; Enterprise Application Selection and Implementation Support. SDI also provides Interim IT Director and Chief Information Officer (CIO) Services to municipal clients during periods of transition.
Our Experience. SDI proposes a proven team with extensive experience in providing leadership supporting California municipalities. This team provides deep expertise in municipal IT service delivery best practices, as well as with the enterprise and departmental technologies that support every business unit within the City. Our team brings more than just technology expertise; we bring an understanding of the core municipal business and operational functions.
Our Experience. SDI’s performance and success record includes supporting over 190 public agencies across eight states. As it relates specifically to the City’s immediate need, SDI has provided interim IT Director, Chief Information Officer (CIO), and leadership services for the cities of Stockton, Concord, Irvine, Novato, Santa Cruz, Ventura, and Rancho Cordova, as well as Douglas County, NV. These engagements entailed direct management of technology staff at the agencies, along with assisting executive management with a variety of tasks, including renewed project focus and governance, prioritization of immediate technology activities, and assisting IT staff with technology service delivery.
Interim IT Director Services. Continuing to build on the successes achieved over the past several months, SDI is prepared to assist the City in a full-time capacity as Interim IT Director and assist in recruiting the City’s next IT Director. Over the next few months, we look forward to working closely with you and the City’s executive management team to provide direct support in the following areas:
Attachment 1
SDI Presence Proposal to City of Watsonville
Interim IT Director and Recruiting Services
2 • IT Department Operations Oversight Support. SDI will work with City executive management to provide management, consultation, operational oversight, and guidance with regard to the IT Department’s day-to-day activities. In this capacity, SDI will supervise the IT Department’s service delivery activities to help ensure technical resources are properly deployed to support business priorities as set by City executive management. • IT Staff Mentoring and Training. SDI will provide mentoring, guidance, and assistance to the IT staff employed by the City’s IT Department, and will make recommendations regarding potential training opportunities that might assist in improving overall IT service delivery.
• Business Processes. During the course of our engagement, SDI will make recommendations regarding establishment and implementation of policies and procedures to streamline and improve business processes and technology service delivery. • IT Service Delivery. SDI will provide consultation to assist with IT service delivery management, problem resolution and help identify potential IT service delivery alternatives.
• Technology Project Facilitation and Coordination. SDI will provide guidance and oversight for in-process technology projects, including assisting in assigning and prioritizing resources.
• Work Plan. SDI will complete the IT Department’s Work Plan and provide recommended staffing levels to accomplish the projects identified during the TAC workshop conducted on November 30, 2021.
• Recruiting Assistance. SDI will provide recruiting assistance to the City as it seeks to identify and recruit its next IT Director. SDI will provide the following services, providing an experienced former CIO and IT Director, who has served in municipal leadership positions across the State of California.
• Job Description. SDI will review the IT Director job description and provide any recommended edits for the City to review and approve.
• Initial Review. SDI will conduct an applicant review and initial phone screening to identify and provide an initial ranking of the top ten qualified candidates. • Interview Panel. SDI will work with the City to form and facilitate an interview panel of municipal CIO or IT Director peers within the Southern San Francisco Bay Area. SDI will gather and collate interview notes and feedback from the panelists, and develop a list of the top three candidates for the City’s executive leadership to interview.
SDI was able to maintain its standard $205 hourly rate for nearly ten years, but due to increasing inflation and other environmental factors, made the difficult decision to increase our standard rate to $215 per hour effective December 1, 2021. However, SDI will extend the discounted rate of $175 per hour to the City of Watsonville, and will honor this rate through the end of March, 2022.
SDI will perform these services on a time and material basis at an hourly rate of $175, plus actual Attachment 1
SDI Presence Proposal to City of Watsonville
Interim IT Director and Recruiting Services
3 travel expenses. The City will only be billed for the actual hours worked, and SDI will invoice the City one month in arrears.
The City has requested an estimated cost proposal to provide three months of onsite Interim Services. The anticipated cost for these services is $89,600.00, plus travel costs of up to $21,000.00 over that project duration. The estimated not to exceed cost for Interim Services for three months, including actual travel expenses, is $110,600.00.
SDI will work collaboratively with the City to identify key dates and times that onsite services will be preferred, and when remote delivery of these services can reduce overall costs by eliminating or reducing travel expenses.
We welcome the opportunity to provide these services to the City of Watsonville. Please do not hesitate to contact me if you have any questions. I can be reached at 530.598.4915 or by email at [email protected].
Sincerely,
Scott Sanders
Delivery Executive
Northern California
Attachment 1
Reso No. (CM)
Meeting Date: 012522 SWZ ______ TV ______ CM ______
1 RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE
APPROVING FIRST AMENDMENT TO CONTRACT FOR CONSULTANT
SERVICES BETWEEN THE CITY OF WATSONVILLE AND SDI PRESENCE, LLC., A LIMITED LIABILITY COMPANY, ADDING TO THE SCOPE OF WORK, INCREASING CONTRACT COMPENSATION BY $110,600; AND
EXTENDING THE TERM OF THE CONTRACT TO PROVIDE DIRECTION AND RECRUITING SERVICES FOR THE CITY’S INNOVATION AND
TECHNOLOGY DEPARTMENT, AND AUTHORIZING AND DIRECTING THE
CITY MANAGER PRO TEMPORE TO EXECUTE SAME
WHEREAS, on July 6, 2021, the City Council adopted Resolution No. 192-21 (CM) awarding contract to SDI Presence, LLC., to provide Direction and Recruiting Services for the City’s IT Department, in an amount not to exceed $140,000; and WHEREAS, this First Amendment to the Contract will add to the scope of work, increase the contract amount by $110,600 (from $147,000 to $257,600) and extend the term of the contract from January 31, 2022, to April 30, 2022 to continue to provide these services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. That the First Amendment to Contract for Consultant Services between the City of Watsonville and SDI Presence, LLC., a limited liability company, to provide Direction and Recruiting Services for the City’s IT Department, a copy of which is attached hereto and incorporated herein by this reference, is fair and equitable and is hereby approved.
2. That the City Manager Pro Tempore be and is hereby authorized and directed to execute said First Amendment for and on behalf of the City of Watsonville, with minor revisions that may be approved by the City Manager Pro Tempore and the City Attorney.
*******************************************
THIS FIRST AMENDMENT TO CONSULTANT SERVICES CONTRACT
BETWEEN THE CITY OF WATSONVILLE
AND SDI PRESENCE LLC
THIS FIRST AMENDMENT TO CONTRACT for consultant services is entered into by and between the City of Watsonville ("City") and SDI Presence LLC (“Consultant”) this _____________________________. The City and Consultant agree as follows:
RECITALS
WHEREAS, the City and Consultant have previously executed a Consultant Services Contract to provide project management services dated July 19, 2021 (“Contract”);
WHEREAS, the Consultant has requested additional time to complete the work program causing additional time to the project completion; and WHEREAS, the amendment of the Contract for Consultant Services is in the best interest of the City of Watsonville.
NOW, THEREFORE, the City and the Consultant agree that the Contract shall be amended as follows:
Section 2 is hereby amended to read:
"Section 2 entitled "Term of contract" and Exhibit B entitled “Schedule of Performance” of the Contract, is hereby amended to read as follows: “The term of this Contract shall be from 07/12/2021 to 04/30/2022, inclusive.”
Section 4 is hereby amended to read:
“Section 4” and “Exhibit C” both entitled “Compensation” of the Contract, are hereby amended to the new not to exceed total compensation amount of Two Hundred Fifty-Seven Thousand Six Hundred Dollars ($257,600) for professional services.
Exhibit B is hereby amended to include:
Work Plan. SDI will complete the IT Department’s Work Plan and provide recommended staffing levels to accomplish the projects identified during the TAC workshop conducted on November 30, 2021 Exhibit C is hereby amended to include the following provision:
Consultant anticipates travel costs of up to $21,000.00 for the threemonth period beginning on the execution date of this amendment until April 30, 2022. Consultant shall submit actual travel costs to the City for reimbursement. Travel costs associated with Meals should be invoiced at the per diem amount of $69.
All other terms and conditions of the Contract dated July 19, 2021, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant Services Contract the day and year first hereinabove written.
CITY OF WATSONVILLE SDI PRESENCE LLC
By___________________________ By______________________________ Tamara Vides, City Manager Protempore Sharee L. Wolff, CFO
ATTEST:
By___________________________
Beatriz Vázquez Flores, City Clerk
APPROVED AS TO FORM:
By___________________________
Samantha W. Zutler, City Attorney
1/20/2022 8:47:44 PM
C:\Program Files\eSCRIBE\TEMP\20474385500\20474385500,,,4th Contract Amendment with MIG and Professional Services Reimbursement Contract for 200 Manabe Ow Rd.docx
Agenda Report
MEETING DATE: Tuesday, January 25, 2022
TO: City Council
FROM: COMMUNITY DEVELOPMENT DIRECTOR MERRIAM
PRINCIPAL PLANNER MATT ORBACH
SUBJECT: FOURTH AMENDMENT TO CONTRACT WITH MOORE IACOFANO GOLTSMAN, INC. (MIG) FOR CONSULTANT SERVICES TO ASSIST
THE CITY WITH ENVIRONMENTAL REVIEW FOR PROPOSED 200
MANABE OW ROAD PROJECT IN THE AMOUNT OF $127,386.00
FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $392,
STATEMENT OF ISSUES:
The City has received an application (#2021-2138) for a Special Use Permit with Design Review for a new 156,000-square-foot distribution facility. Staff is requesting a contract amendment for Moore Iacofano Goltsman, Inc. (MIG) to allow the company to conduct the California Environmental Quality Act (CEQA) environmental review for the proposed project.
RECOMMENDED ACTION:
Staff recommends that the City Council approve the following:
Fourth Amendment to Contract with MIG in the amount of $127,386.00 for consultant services to assist the City with the environmental review of the proposed distribution facility at 200 Manabe Ow Road in an amount of $127,386 for a total contract amount not to exceed $392,386
Professional Services Reimbursement Contract between the City and Lone Oak - Watsonville, L.L.C., a limited liability company, for Environmental Review of a proposed project on an 11± acre site located at APN 018-711-29
BACKGROUND
On July 30, 2021, the City received an application for a Special Use Permit and Design Review for a new 156,000-square-foot distribution facility located at 200 Manabe Ow Road.
The application included a CEQA environmental review for the project. The City reached out to the on-call environmental consultant, MIG, requesting they conduct the third-party environmental review for the project. The scope of work was finalized on November 8, 2021, with a total cost of $127,386.00.
The contract between the City and MIG for on-call planning services has been extended three times, from 2019 to 2020, from 2020 to June 30, 2021, and in April 2021 for the remainder of FY 2020-21.
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C:\Program Files\eSCRIBE\TEMP\20474385500\20474385500,,,4th Contract Amendment with MIG and Professional Services Reimbursement Contract for 200 Manabe Ow Rd.docx
City staff is now recommending that the contract between the City and MIG be amended again to add the environmental review to the project to the scope of services to allow MIG to conduct the CEQA environmental review for the proposed project.
DISCUSSION:
Staff is requesting an increase to the contract for MIG, to conduct the CEQA environmental review for a new 156,000-square-foot distribution facility at 200 Manabe Ow Road. The scope of work includes:
Budget Estimate Estimated
MIG Hours
Estimated
Consultant Costs
Review project application and technical reports 37 $5,365 Inter-department Coordination, Project conditions 32 $4,064 Client Meetings/Telephone/Consultations 27 $3,429
Interagency Coordination/Consultation 37 $4,699
CEQA – Initial Study/Mitigated Negative Declaration 425 $86,130 Public Information/Coordination 10 $1,270
Preparation of Staff Report for Planning Commission 70 $8,890 Revisions 30 $6,300
Public Hearing(s)/Meeting(s), preparation, and presentation 20 $2,540 Project/Applicant Meeting Minutes/Summary 17 $2,159
Other/Misc. 20 $2,540
Total 725 $127,386
The applicant provided the $127,386.00 in funds on Monday, December 13, 2021.
STRATEGIC PLAN:
The approval of this contract supports Goal 4 (Economic Development) of the Strategic Plan by assisting City staff in the processing of planning applications, which will allow the City to process development applications in a timely manner.
FINANCIAL IMPACT:
There will be no financial impact to the City for approval of the contract amendment, as the cost for services will be covered by the reimbursement agreement with funds provided by the applicant.
ALTERNATIVE ACTION:
The City Council may deny the contract amendment; however, this would result in a reduced capacity of the City to conduct the required CEQA environmental review in a timely manner.
ATTACHMENTS AND/OR REFERENCES (If any):
1) Manabe Ow West MIG Scope – Dated 11.5.2021
to Suzi Merriam, Community Development Director
from Cecilia Jaroslawsky, Contract Planner
re City of Watsonville – Scope of Work and Budget Estimate Application No. 2138, APNs 018-711-029; 018-711-030
Manabe Ow West, Watsonville
date 11/5/21
Project Understanding
The project site within the Manabe-Ow Business Park Specific Plan Business Park and the proposed project involves approximately 11.5 acres and the new construction of a rectangular two-story tilt up industrial structure totaling 156,200 square feet. The project includes a 7,950 square foot mezzanine for office space, new landscaping, new parking areas, site lighting, and storm water detention. The total floor to area ratio (FAR) for the 156,200 square foot structure would be 31% or 0.31.
The proposed warehouse is a conditionally permitted use in the Manabe-Ow Business Park Specific Plan Business Park designation. Pursuant to Section 14-
12.400 of the Watsonville Zoning Ordinance, Design Review is required for new construction, and per Section 3.5 of the Manabe-Ow Business Park Specific Plan, a Special (Conditional) Use Permit is required for any use with the potential to generate significant impacts such as noise. Watsonville Municipal Code Section 14-12.513 (Findings) would apply and require the Planning Commission to evaluate the impact of the proposed use on, and its compatibility with, surrounding properties and neighborhoods to ensure the appropriateness of the use at the project location. A Special Use Permit requires a Tier Two Review, consistent with Section 6.5 of the Manabe-Ow Business Park Specific Plan, which requires Planning Commission review and approval of all projects that require a Special Use Permit. The Tier Two Review may also apply to any aspects of the development project that staff identifies are not consistent with the Specific Plan.
The California Environmental Quality Act (CEQA) requires an initial study for subsequent projects for which a Master Environmental Impact Report (Master EIR) was prepared (CEQA Guidelines Section 15177). The initial study must analyze whether the project may cause any significant effect on the environment Attachment 1
MIG, Inc. 2
that was not examined in the Master EIR and whether the project was described in the Master EIR as being within the scope of the report. Because the Master EIR was certified October 26, 2010, additional analysis may also be required. Based on the initial study, if the City determines that the proposed project will have no additional significant effect on the environment that was not identified in the master environmental impact report and that no new or additional mitigation measures or alternatives may be required, no new environmental document would be required.
Project Entitlements
As proposed, the following would be required for approval of the project:
1. Lot Line Adjustment, in accordance with Part 1 of Chapter 8 of Tile 13 of the Watsonville Municipal Code. (already approved)
2. Special Use Permit, in accordance with Part 5 of Chapter 12 of Title 14 of the Watsonville Municipal Code.
3. Design Review, in accordance with Part 4 of Chapter 12 of Title 14 of the Watsonville Municipal Code.
4. Sign Permit, in accordance with Part 12 of Chapter 14-12 and Chapter 8.6 of the Watsonville Municipal Code.
5. Environmental Review, in accordance with the requirements of the California Environmental Quality Act.
MIG has generated the following scope of work and cost estimate to be used as a Task Order under the existing contract. This scope assumes the Lot Line Adjustment has been approved by the Minor Land Division Committee, and that the applicant will apply for a Special Use Permit, Design Review and Environmental Review, which must be to be approved by the Planning Commission. A Sign Permit is required per Part 12 of Chapter 14-12 and Chapter 8-6 of the Watsonville Municipal Code and will be reviewed and approved at a later date.
This scope assumes an Initial Study/Mitigated Negative Declaration will be required because the Master Environmental Impact Report (Master EIR) prepared for the Manabe-Ow Specific Plan was certified more than five years ago.
Attachment 1
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Scope of Work
MIG will coordinate with City of Watsonville Staff to complete the following tasks to complete the following
Task 1 – Project Initiation and Initial Review: MIG will undertake the following as part of this task.
Review the key materials to understand project scope and issues. Initialize and/or update the project file, prepare referral materials, prepare necessary forms to communicate with City Departments and other Agencies.
Conduct a digital site visit as appropriate to understand the project setting and context.
Participate in meetings (virtually and/or by phone) with the applicant and City Staff, to coordinate project needs and issues.
Review and analyze application materials to determine whether adequate information has been provided by the applicant and to understand project issues.
Coordinate with other agencies that have jurisdiction over the application. Coordinate with other City Departments as needed to address project needs.
Provide public information and coordinate with interested community members and groups.
Task 1 Deliverables:
Project referral and responses
Completeness letter in compliance with the Permit Streamlining Act Meeting minutes (as appropriate)
Collateral materials (e.g., public notice, memos) if necessary Task 2 – Environmental Analysis: CEQA applies to discretionary actions by public agencies that have the potential to result in a physical change in the environment. The City has indicated they require the preparation of an Initial Study (IS) and Negative Declaration (ND) or Mitigated Negative Declaration (MND) for the project. This scope of work includes the preparation of an IS/ND/MND for use by the City in their planning and permitting process. This Task assumes that technical reports prepared by qualified consultants will be provided by the project applicant for use by MIG in the preparation of the IS for the following subject areas: hazardous materials (Phase I and, if necessary, Phase II ESAs), noise and transportation. Biological and cultural resources Attachment 1
MIG, Inc. 4
assessments from the Manabe Ow Specific Plan EIR will be utilized for the analysis of impacts in these areas, and MIG will prepare a biological existing conditions survey to update the biological resources assessment, as described under Subtask 2.b.
MIG will review the project site, technical reports provided by the applicant, conduct additional desk top research, and review relevant regulatory plans. If at any point in the preparation of the IS MIG identifies a potential project impact that cannot be mitigated, MIG will notify the City immediately and engage in discussions of whether to proceed into preparation of an EIR.
Preparation of the IS/ND/MND will include the following subtasks:
Task 2. a Project Initiation
Upon authorization to proceed, MIG will coordinate a project kick-off meeting with the client/applicant. The kick-off meeting could include a site visit or a conference call to discuss: 1) Roles and responsibilities and lines of communication; 2) Identify project data needs; 3) Confirm project deliverables; 4) Identify potential regulatory or agency needs/concerns; and 5) Confirm project schedule.
The site visit will also allow us to gain an understanding of the project context, to document project site conditions for the project description and to document conditions of concern for the environmental analysis.
During this task MIG staff would prepare a comprehensive data request outlining the information needed from the client for the CEQA analysis.
MIG would also begin to collect available project information (documents, maps, reports, etc.).
Tribal Consultation
Prior to the release of a negative declaration, mitigated negative declaration, or environmental impact report for a project, Tribal consultation will commence with formal notice to the Tribal contact(s) on the lead agency's tribal consultation request list. Once the application for the project is deemed complete by the City, MIG will provide formal notification in compliance with AB 52. MIG will facilitate responses within 30 days to requests for consultation, and will document, if necessary, agreed upon mitigation measures or a lack of good faith mutual agreement. On behalf of the City, MIG may request assistance from the California Native American Heritage Commission in identifying the California Native American tribes that are traditionally and culturally affiliated with the project area. If requested by the City, the consultant Attachment 1
MIG, Inc. 5
will facilitate the consultation process as an optional task under a separate scope and subject to additional fees charged on an hourly basis, plus direct expenses.
Task 2. b Prepare Technical Reports
Air Quality (Including Health Risk Assessment, or HRA)
MIG will prepare a clear and concise technical report that fully evaluates the proposed project’s potential air quality impacts in accordance with Appendix G of the CEQA Guidelines. MIG proposes to use the California Emissions Estimator Model (CalEEMod, Version 2016.3.2) to estimate the potential emissions generated by the construction and operation of the proposed project. The model run would be based on project-specific information provided by the Applicant and the City, including projectspecific trip generation rates obtained from the project’s traffic report.
The resulting emissions estimates will be compared to CEQA significance thresholds maintained by the Monterey Bay Air Resources District (MBARD).
The proposed project site is located within 1,000 feet of sensitive residential receptors (located north of the site). In addition, the census tract for the proposed project (6087110400) is considered a Disadvantaged Community pursuant to SB535. Due to this, MIG proposes to prepare a quantitative HRA that evaluates potential adverse health risk associated with diesel PM emitted by construction equipment and distribution trucks (including on-site idling emissions). MIG would use the U.S. EPA-approved and MBARD-recommended regulatory model (AERMOD) to predict exposure to concentrations of pollutants at sensitive receptor locations and quantify associated health risks. The project’s potential health risks will be compared against MBARD carcinogenic and chronic risk thresholds. MIG anticipates control measures will be required to reduce construction equipment and truck emissions to the lowest feasible levels to reduce potential adverse health risks at sensitive receptor locations.
To achieve the proposed scope of work within the currently identified budget, MIG’s proposal assumes:
The Applicant will provide a plan set to base technical modeling information on.
The Applicant will make reasonable attempts to respond to all requests for technical information necessary to prepare the technical Attachment 1
MIG, Inc. 6
reports, including requests pertaining to construction phasing, existing and proposed equipment operations and emissions levels, operating schedules, etc.
MIG’s SOW includes up to 4 CalEEMod runs to estimate
unmitigated/mitigated project emissions and 2 AERMOD runs (for the proposed HRA).
The development of additional modeling inputs and files due to project changes made after MIG has completed these model runs may be subject to additional compensation (depending on the nature of the changes and budget remaining at the time of the change).
Biological Resources
MIG biologists will perform the following tasks to ascertain a current assessment of existing conditions in the Biological Resources section of the Initial Study:
Review the existing reports, current database information (CNDDB, IPac, NWI, eBird, iNaturalist, etc.), and recent aerial photography (Google Earth) for orientation to the project site.
Following the initial review, a MIG biologist will visit the site and confirm existing conditions. If site conditions have changed, the changes will be mapped using a GPS unit, and the information will be uploaded to GIS.
Once the site visit is completed MIG will prepare a memo report that includes an updated project setting and updated regulatory information as appropriate and will provide a figure of current site conditions.
Greenhouse Gases/Energy
MIG will prepare a clear and concise technical report that fully evaluates the proposed project’s potential greenhouse gas (GHG) and energy impacts in accordance with Appendix G of the CEQA Guidelines. MIG will quantify the increase in GHG emissions generated by the construction and operation of the proposed project using the same methodologies employed to prepare the project’s Air Quality Technical Report. Applicable GHG reduction measures from the City of Watsonville’s most recent Climate Action and Adaption Plan would be included in the project’s emissions profile, and the resulting GHG emissions estimates would be Attachment 1
MIG, Inc. 7
evaluated in the context of local, regional, and state GHG reduction targets.
Regarding energy resources, the report would include brief environmental and regulatory setting discussion that place energy resources in the appropriate context, quantify the project’s potential energy consumption levels (using information from the emissions estimates and/or modeling conducted for the project), and evaluate whether the project would result in the wasteful, inefficient, or unnecessary consumption of energy resources. The analysis would document the energy saving site design (layout and orientation, proximity to regional arterials), building design (energy efficient building materials and systems), and operating characteristics (e.g., any trip reducing or other energy saving operations) that result in the efficient use of available energy resources.
Noise and Vibration
To prepare the CEQA analysis, MIG will first conduct a thorough and comprehensive analysis of the applicant’s noise study for consistency with project description details, appropriate assumptions and methodology, and technical accuracy. MIG will ensure the reports are technically accurate by checking:
Report assumptions are predicated upon facts or expert opinion and are consistent with the project description.
Report methods use current, industry-accepted models, equations, and other guidance and recommendations; and
Report conclusions are based on substantial evidence.
MIG will prepare a brief memorandum summarizing the results of our peer review. The memorandum will identify key issues and deficiencies, if any, in the technical studies and recommend revisions or supplemental analyses necessary to prepare an adequate CEQA analysis. The applicant’s Noise Report and MIG’s peer review will be included as an appendix to the CEQA document.
Transportation
Hexagon Transportation Consultants, Inc. will perform a peer review of the traffic analysis prepared for the subject project. The purpose of the review is to ensure that the completed traffic analysis prepared for the subject is technically adequate and that the conclusions and recommendations presented are appropriate and adequately mitigate any project impacts per local and CEQA requirements.
Attachment 1
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Hexagon’s scope of services includes reviewing the traffic analysis prepared for the project to ensure that it adequately meets City and CEQA requirements. However, it does not include updating/revising any of the analyses contained in the traffic study prepared for the project.
The tasks to be included in the peer review of the completed traffic study are:
1. Review of CEQA Required Analysis. Per Senate Bill (SB) 743 and updated CEQA guidelines, beginning July 2020 the use of VMT as the metric to determine a development’s impact on the transportation will supersede the use of level of service and delay. Therefore, an evaluation of VMT is
required for the project. The report will be reviewed to ensure the required VMT evaluation is included in the
completed traffic study and is adequate per CEQA
requirements as recommended by Governor’s Office of
Research and Planning (OPR) Technical Advisory guidance on the evaluation of transportation impacts in CEQA.
2. Review of Roadway Operations Analysis. Though not
required per CEQA, an evaluation of the project’s effect on the surrounding roadway system should be included in the completed traffic study per the current City of Watsonville General Plan. The operations analysis for surrounding
roadways, intersections and freeways will be reviewed for the following:
Traffic count data upon which the analyses are based will be reviewed to ensure the count data is representative of
current traffic conditions.
The trip generation estimates for the project will be reviewed to ensure that they reasonably represent the operations of the proposed distribution warehouse.
The directional distribution and assignment of site-generated traffic will be reviewed for consistency with existing travel patterns and the relative location of complementary land uses in the area.
LOS calculations output will be reviewed for accuracy.
Project and cumulative conditions level of service
calculations will be reviewed to ensure project traffic and traffic due to future traffic growth are accurately represented within the established traffic volumes.
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The evaluation of the proposed project site access point(s) will be reviewed to ensure their adequacy and need for
additional access points.
3. Review Recommended Mitigation and Impact Fee. Hexagon will review the identified mitigation measures to ensure they adequately mitigate the project impacts. Hexagon also will review all applicable City and County traffic impact fees that may be required of the project. The need for implementation of improvements by the project or adequate project fairshare contribution will be identified.
4. Review Memorandum. The results of the review will be documented in a technical memorandum report.
5. Second Round of Review. Upon revision of the traffic study, Hexagon will review the traffic study a second time to ensure that all issues identified in the in the peer review
memorandum were addressed. It is estimated that this task will take a maximum of six hours of staff time.
Any work not specifically referenced in the above scope of services, for example reviewing additional traffic-related aspects of the project, attending meetings or public hearings, revising or updating any trafficrelated analyses, and providing cost estimates or feasibility drawings for mitigation measures shall be considered additional services. Additional services shall be provided upon authorization and, if requested, will be billed separately.
Task 2.c Initial Study
Administrative Draft IS
MIG will submit an Administrative Draft IS for review by the City and applicant that contains the following major sections
Introduction – this section will describe the purpose and organization of the IS, the need for the IS pursuant to CEQA Guidelines, and the intent of the document. The intent is to provide the City with detailed information about the project’s
environmental effects and any measures required to mitigate potentially significant impacts.
Project Description – This will serve as the basis for all subsequent analysis of environmental impacts and thus is an essential chapter of the IS. The project description will provide a thorough and Attachment 1
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comprehensive description of all aspects of the proposed project including project purpose, design, construction and maintenance of the project, project timing and duration, and permits and approvals required for the project. Information for the project description will be obtained in coordination with the Client and the City. CEQA Checklist – MIG will describe physical changes to the environment that would result from construction and operation of the project by answering the questions in the IS checklist contained in Appendix G of the State CEQA Guidelines (14 CCR 15000 et seq).
MIG anticipates that the project will have little or no impacts in many of the resource areas analyzed under CEQA, including Aesthetics, Agriculture and Forestry Resources, Biological Resources, Energy, Geology and Soils, Land Use and Planning, Mineral Resources, Population and Housing, Public Services, Recreation, Utilities and Service Systems, and Wildfires. These areas will not be addressed in detail in the IS, however, answers will be provided for all checklist questions (answers may be grouped if appropriate). We anticipate the IS to address the following subject areas in more detail in order to demonstrate consistency with regulatory requirements (state, federal or local), address typical public concerns, and to substantiate less than significant impact findings: Air Quality and Greenhouse Gas Emissions, Biological Resources, Hazardous Materials, Hydrology and Water Quality, Noise, and Transportation.
Public Draft IS/ND/MND
MIG will address one round of comments on the Administrative Draft IS from the City and applicant, then provide a Screen Check IS, and lastly the Public Draft IS/MND for public circulation. MIG will provide up to four (4) hard/ print copies of the Public Draft IS and one electronic (camera ready) version so the City can post it to their website.
MIG will assist the City in preparing the Notice of Intent (NOI) to Adopt the IS that the City will use to fulfill the public noticing requirements of CEQA Guidelines Section 15072. Posting public notice consistent with CEQA requirements will be the responsibility of the City. The City will also be responsible for filing the NOI with the Santa Cruz County Clerk.
Transmission of the NOI to the County Clerk starts the 20-day public review and comment period.
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Response to Comments
MIG anticipates that public comment on the project would most likely be limited to surrounding residents of the proposed project site and that their concerns would likely be focused on the temporary construction impacts associated with the project. As such, MIG has planned a limited number of hours to prepare a response to public comments document for each project that the City may use in their deliberations whether to adopt the findings of the ND/MND and approve the project. This scope of work assumes the City will prepare and file the Notice of Determination the after the ND/MND is adopted.
Task 2.d Project Management, Coordination, and Administration MIG has allocated budget for client and City communications (conference/video calls) and staff coordination to ensure we can communicate clearly and effectively. MIG recognizes that frequent communication is needed to move the project forward. Additionally, this task covers implementing our quality control review process and administrative time for contracting and invoicing.
The MIG Project Manager would be the point of contact with the City and the Client and would keep both apprised of project progress. If issues arise that would affect the schedule or budget, the Project Manager would immediately inform the client and discuss the best approach to resolving issues. The MIG Senior Project Manager will provide quality control and senior oversight of staff.
In preparing this scope of work, MIG Inc. has made the following assumptions regarding features of the proposed project and available data.
1. The City is the CEQA lead agency for the Project.
2. We will rely on input provided by the City’s Public Works Department to support the transportation analysis provided by the project applicant.
3. The client will provide the estimated disturbance area of pervious and impervious surfaces, both existing and proposed, and topographic survey data.
4. The City will provide one consolidated set of comments on the Draft Initial Study.
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5. MIG will complete and submit Administrative Draft and Screen Check versions of the IS for review by the City. Upon receipt of comments on the Screen Check draft, MIG will prepare a Public Review Draft IS/ND/MND for publication on the City’s website, public circulation and review.
6. This scope of work includes attendance at one staff-level meeting, which may include attendance by members of the applicant’s development team, and attendance at two public hearings (1 Planning Commission and 1 City Council).
Task 2 Deliverables:
- Administrative Draft and Screen Check versions of the IS (electronic submittal, in Word and PDF formats)
- Public Review IS/ND/MND (electronic submittal, in Word and PDF formats)
- Draft ND or MND (electronic submittal, in Word and PDF formats), if appropriate.
Task 3 – Planning Commission Staff Report Preparation and DecisionMaking: Working from City templates, MIG will prepare analysis and recommendations by undertaking the following tasks.
Draft a decision-making document for consideration by City Planning Staff, including conditions of project approval. Based on feedback from Staff, MIG will complete a final decision-making document with conditions of approval for use by the City.
Support project completion by reviewing meeting minutes, drafting Notice of Determinations, and updating tracking information to document project close-out.
Task 3 Deliverables:
Draft decision document (electronic submittal, in Word and PDF formats) Final decision document (electronic submittal, in Word and PDF formats) Task 4 – Decision Making and Public Hearing: MIG will provide additional support at public hearings.
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MIG will attend two public hearings, one Planning Commission and one Minor Land Division Committee, to provide additional support or expertise as needed. All hearings and meetings will be attended virtually. Support project completion by reviewing meeting minutes, drafting NOD (if necessary, based on Task 2), and project close-out.
Budget
MIG will complete the above-noted scope of work for this project for an estimated cost of approximately $127,386, as follows:
BUDGET ESTIMATE
Estimated
MIG
HOURS
ESTIMATED
CONSULTANT
COSTS
Planning Review
Review project application and technical reports 37 $ 5,365.00 Inter-department Coordination, Project conditions 32 $ 4,064.00 Client Meetings/Telephone/Consultations 27 $ 3,429.00
Interagency Coordination/Consultation 37 $ 4,699.00
CEQA - Initial Study/Mitigated Negative Declaration 425 $ 86,130 Public Information/Coordination 10 $ 1,270.00
Preparation of Staff Report for Planning Commission 70 $ 8,890.00 Revisions 30 $ 6,300.00
Public Hearing(s)/Meeting(s) and preparation &
presentation
20 $ 2,540.00
Project/Applicant Meeting Minutes/Summary 17 $ 2,159.00 Other/Misc. 20 $ 2,540.00
Total 725 $ 127,386
Assumptions:
There will be no more than one round of project review to determine whether the application is complete for processing.
Communication with applicant via phone, virtual, or email will not exceed a total of 17 hours.
The budget reflects MIG preparing the environmental initial study. The budget reflects MIG preparing a Negative Declaration or Mitigated Negative Declaration, if the Initial Study finds this is required. Quality assurance/control will be done by MIG.
MIG staff will visit the property virtually; public hearings will occur virtually; all other meetings will occur virtually or by phone.
Attachment 1
MIG, Inc. 14
Direct expenses, such as for any significant copying costs, will be billed at cost, and will be in addition to the above total; this would first be discussed with the City.
Notice and agenda preparation and similar administrative tasks would be the responsibility of City.
Attendance at any additional meetings, changes to the project description, or expansion of this scope of work or level of analysis required would require additional fees.
This scope assumes that the project is consistent with, and does not require an amendment to, the Manabe-Ow Specific Plan.
Attachment 1
Reso No. (CM)
C:\Program Files\eSCRIBE\TEMP\18102535989\18102535989,,,Resolution - MIG 4th Contract Amendment .docx ri 1/18/2022 6:10:30 PM
1 RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING FOURTH AMENDMENT TO CONTRACT
BETWEEN THE CITY OF WATSONVILLE AND MOORE IACOFANO
GOLTSMAN, INC., A CORPORATION, DBA MIG FOR ON-CALL
PLANNING SERVICES; ADDING TO THE SCOPE OF WORK TO
INCLUDE ENVIRONMENTAL REVIEW SERVICES FOR A PROPOSED
DISTRIBUTION CENTER AT 200 MANABE OW ROAD, IN AN AMOUNT OF $127,386 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED
$392,386; AND AUTHORIZING AND DIRECTING THE CITY MANAGER
PRO TEMPORE TO EXECUTE SAME
WHEREAS, on July 23, 2018, the City executed a Contract for Consultant Services with Moore Iacofano Goltsman, Inc., dba MIG, to provide on-call consultant services for current, advanced planning and environmental review services to the City, in an amount not to exceed $30,000; and
WHEREAS, a First Amendment to Contract with MIG, Inc., was executed on August 29, 2019, extending the term of the Contract from June 30, 2019 to June 30, 2020; and WHEREAS, a Second Amendment to Contract was executed on August 10, 2020, extending the term of the Contract from June 30, 2020 to June 30, 2021; and WHEREAS, on April 13, 2021, the City Council adopted Resolution No. 88-21 (CM) approving a Third amendment to the existing contract, adding to the scope of work, increasing the contract amount by $235,000 (from contract amount prior to this amendment of $30,000 to $265,000) in order to provide planning services for 5 development projects and extending the term of the contract from June 30, 2021, to June 30, 2022, inclusive; and
WHEREAS, on July 30, 2021, the City received an application for a Special Use Permit and Design Review with environmental review for a new 156,000-square-foot distribution facility located at 200 Manabe Ow Road; and
Reso No. (CM)
C:\Program Files\eSCRIBE\TEMP\18102535989\18102535989,,,Resolution - MIG 4th Contract Amendment .docx ri 1/18/2022 6:10:30 PM
2 WHEREAS, this Fourth Amendment will add to the scope of work to include environmental review services for the proposed distribution facility at 200 Manabe Ow Road, and increase contract amount by $127,386 (from contract amount prior to this amendment of $265,000 to $392,386); and
WHEREAS, the City will recover costs for consultant services through a reimbursement agreement with Lone Oak-Watsonville, LLC, which is on this January 25, 2022 consent agenda for consideration of approval by Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. That the Fourth Amendment to Contract between the City of Watsonville and MIG, Inc., a corporation, for on-call planning services, a copy of which Fourth Amendment is attached hereto and incorporated herein by this reference, is fair and equitable and is hereby approved.
2. That the City Manager Pro Tempore is hereby authorized and directed to execute said Fourth Amendment for and on behalf of the City of Watsonville in the form attached hereto with minor revisions that may be approved by the City Manager Pro Tempore and the City Attorney.
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C:\Program Files\eSCRIBE\TEMP\12375878633\12375878633,,,Contract - 4th Amendment MIG .docx 1/18/22.C:\PROGRAM FILES\ESCRIBE\TEMP\12375878633\12375878633,,,CONTRACT - 4TH AMENDMENT MIG .DOCX 1 FOURTH AMENDMENT TO CONSULTANT SERVICES CONTRACT BETWEEN THE CITY OF WATSONVILLE AND MOORE IACOFANO GOLTSMAN, INC.,
A CORPORATION DBA MIG, INC.
THIS FOURTH AMENDMENT TO CONTRACT for consultant services is entered into by and between the City of Watsonville ("City") and Moore Iacofano Goltsman, Inc., a corporation dba MIG, Inc. (“Consultant”) this ______ day of __________________, 20___. The City and Consultant agree as follows:
RECITALS
WHEREAS, City and Consultant have previously executed a Consultant Services Contract for on-call planning services dated July 23, 2018 for $30,000; and WHEREAS, the agreement was set to expire June 30, 2019; and WHEREAS, a First Amendment to the Contract extended the time period from June 30, 2019 to June 30, 2020; and
WHEREAS, a Second Amendment to the Contract extended the time period from June 30, 2020 to June 30, 2021; and
WHEREAS, a Third amendment to the existing contract increased the total budget by $235,000 in order to provide planning services for 5 development projects and extended the time period from June 30, 2021, to June 30, 2022, inclusive; and WHEREAS, on July 30, 2021, the City received an application for a Special Use Permit and Design Review with environmental review for a new 156,000-square-foot distribution facility located at 200 Manabe Ow Road (APN: 018-711-29); and WHEREAS, a Fourth amendment to the existing contract is requested in order to provide environmental review services for the proposed distribution facility at 200 Manabe Ow Road; and
C:\Program Files\eSCRIBE\TEMP\12375878633\12375878633,,,Contract - 4th Amendment MIG .docx 1/18/22.C:\PROGRAM FILES\ESCRIBE\TEMP\12375878633\12375878633,,,CONTRACT - 4TH AMENDMENT MIG .DOCX 2 WHEREAS, the amendment will increase the total budget by $127,386; and WHEREAS, the total compensation for the current contract and proposed amendment will not exceed $392,386; and
WHEREAS, the City will recover costs for consultant services through a reimbursement agreement with the development proponents; and WHEREAS, the amendment of the Contract for Consultant Services is in the best interest of the City of Watsonville.
NOW, THEREFORE, the City and the Consultant agree that the Contract shall be amended as follows:
Section 1 is hereby amended to read:
“Section 1 and Exhibit “A” both entitled “Scope of Services” of the Contract are hereby amended to include environmental services related to the Manabe-Ow West project specified in Exhibit “A” entitled “Fourth Amendment to Scope of Work,” which is attached hereto and incorporated herein.”
Section 4 is hereby amended to read:
“Section 4 and Exhibit “C” both entitled “Compensation” of the Contract are hereby amended to provide an additional amount of compensation of One Hundred Twenty-Seven Thousand Three Hundred Eighty-Six Dollars ($127,386) for professional services specified in Exhibit “C” entitled “Fourth Amendment to Compensation”, which is attached hereto and incorporated herein.”
All other terms and conditions of the Contract dated July 23, 2018, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant Services Contract the day and year first hereinabove written.
CITY OF WATSONVILLE MOORE IACOFANO GOLTSMAN, INC.
A CORPORATION DBA MIG, INC.
C:\Program Files\eSCRIBE\TEMP\12375878633\12375878633,,,Contract - 4th Amendment MIG .docx 1/18/22.C:\PROGRAM FILES\ESCRIBE\TEMP\12375878633\12375878633,,,CONTRACT - 4TH AMENDMENT MIG .DOCX 3 By__________________________________ By______________________________ Tamara Vides, City Manager Pro-Tempore Daniel S. Iacofano President and CEO
ATTEST:
By___________________________
Beatriz Vázquez Flores, City Clerk
APPROVED AS TO FORM:
By___________________________
Samantha W. Zutler, City Attorney
C:\Program Files\eSCRIBE\TEMP\12375878633\12375878633,,,Contract - 4th Amendment MIG .docx 4 EXHIBIT “A”
FOURTH AMENDMENT TO SCOPE OF WORK
MIG Inc. will provide general planning services to the City of Watsonville on a contract basis. Service may include, but are not limited to, development project review, environmental analysis in compliance with CEQA, long-range planning initiatives (e.g.
General Plan and Zoning Ordinance revisions), and urban design services. All services will be provided as directed by the City's project manager.
MIG shall provide environmental services related to the Manabe-Ow West project as described in the Resolution approving the amendment.
C:\Program Files\eSCRIBE\TEMP\12375878633\12375878633,,,Contract - 4th Amendment MIG .docx 4 EXHIBIT "C"
FOURTH AMENDMENT TO COMPENSATION
The compensation is as follows:
An additional $127,386 will be added to the compensation of this contract.
Original Contract: $30,000 (Account No. 150-315-7307)
Amendment #3 $235,000 (Account No. 150-315-7309)
Amendment #4 $127,386 (Account No. 150-315-7309)
________________________________________________________________
Total of Contract Not to Exceed: $392,386
Reso No. (CM)
Meeting Date: 012522 1
RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING PROFESSIONAL SERVICES
REIMBURSEMENT CONTRACT BETWEEN THE CITY OF
WATSONVILLE AND LONE OAK – WATSONVILLE, L.L.C., A LIMITED
LIABILITY COMPANY, FOR ENVIRONMENTAL REVIEW OF A
PROPOSED DISTRIBUTION FACILITY AT 200 MANABE OW ROAD, IN AN AMOUNT NOT TO EXCEED $127,386, WHICH WILL BE FULLY PAID BY LONE OAK - WATSONVILLE L.L.C., (DEVELOPER); AND
AUTHORIZING AND DIRECTING THE CITY MANAGER PRO TEMPORE
TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. That the Professional Services Reimbursement Contract between the City of Watsonville and Lone Oak – Watsonville, L.L.C., a limited liability company, for environmental review of a proposed distribution facility located at 200 Manabe Ow Road, Watsonville, in an amount not to exceed $127,386, which will be fully paid by Lone Oak – Watsonville, L.L.C, a copy of which Contract is attached hereto and incorporated herein by this reference, is fair and equitable and is hereby approved.
2. That the City Manager Pro Tempore is hereby authorized and directed to execute said Fourth Amendment for and on behalf of the City of Watsonville in the form attached hereto with minor revisions that may be approved by the City Manager Pro Tempore and the City Attorney.
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PROFESSIONAL SERVICES REIMBURSEMENT CONTRACT BETWEEN THE CITY OF WATSONVILLE AND LONE OAK - WATSONVILLE, L.L.C. FOR
ENVIRONMENTAL REVIEW OF A PROPOSED PROJECT ON AN ELEVEN ± ACRE SITE LOCATED AT APN 018-711-29
This Contract ("Contract") is entered into as of, ______________________, by and between the City of Watsonville, a municipal corporation ("City"), and Lone Oak - Watsonville, L. L. C. ("Developer"), who agree as follows:
1. RECITALS.
This Contract is made with reference to the following facts and circumstances:
WHEREAS, Developer intends to develop certain real property ("Property") located in Watsonville, and
WHEREAS Developer has filed or is about to file applications to develop the Property. The applications consist of a Special Use Permit with Design Review and Environmental Review, and WHEREAS environmental review has to be conducted under CEQA and in connection therewith, an appropriate environmental document (the "Environmental Document") has to be prepared and reviewed, and
WHEREAS, City does not have an adequate number of employees with sufficient expertise to prepare or review the Environmental Document and related studies, reports and analyses ("the Project"), and does not have sufficient resources to process the Project, and WHEREAS, City may need to hire a contract environmental consultant for City to process the Project. The work to be performed by such persons and firms in processing the Project is collectively referred to herein as the "Services", and
WHEREAS City believes it is in the public interest for Developer to pay for such Services, and
WHEREAS Developer desires to move forward with the processing of its Project subject to the reimbursement obligations set forth herein.
2. CONTRACT TO PAY FOR SERVICES.
Developer agrees to pay for the Services as provided for in this Contract.
3. COST OF SERVICES.
For the purpose of conducting the Services and providing the Environmental Document, City has received an environmental consulting proposal from MIG, Inc. ("MIG") for $127,386.00.
City shall make the determination as to what type of Environmental Document is required after reviewing studies that are required for the Project.
Within ten (10) business days of execution and delivery of this Contract, Developer agrees to deposit One Hundred and Twenty-Seven Thousand Three Hundred and Eighty-Six Dollars ($127,386.00) (the "Deposit Amount") with the City to provide funding for the Services. This amount shall be applied solely to pay invoices received from MIG for Services.
City shall provide Developer with a monthly statement of draws against the deposit, accompanied by invoices, time records, or another reasonable back-up therefor.
City shall not exceed the Deposit Amount without Developer's prior written approval. The City shall use reasonable good faith efforts to consult with Developer before amending the scope of Services to be provided by MIG. Developer's obligation to reimburse the City for more than the Deposit Amount shall be contingent upon the City providing Developer with written notice of the amendment of the scope of work to be performed by MIG and the estimated excess costs before starting such extra work. The City shall not incur more than the Deposit Amount without Developer's prior written approval.
For purposes of this section, the City shall be deemed to have consulted with the Developer when the City has provided written notice to the Developer that the City reasonably anticipates that it will incur or has incurred MIG fees exceeding the Deposit Amount. If after consultation, Developer disagrees with City's incurring more than the Deposit Amount, then the Developers sole and exclusive remedy will be to terminate this contract subject to Developer's obligation to reimburse the City for all MIG fees incurred by the City before the date of termination whether or not yet paid by City to MIG, so long as such MIG fees are less than or equal to the Deposit Amount.
If MIG begins work on the Project before execution and delivery of this Contract by all parties, MIG' fees incurred in connection with the Project before execution and delivery will be subject to reimbursement pursuant to this Contract upon execution and delivery of this Contract by all parties and the deposit of funds by Developer, but in no event greater than the Deposit Amount unless otherwise agreed.
4. DEPOSITS.
At any time that City determines in good faith that the sums then held in any deposits are inadequate to pay for the projected Services to be paid from such deposit over the succeeding two (2) month period, Developer shall replenish the relevant deposit with the amount requested by City in writing, which amount shall not exceed Twenty-Five Thousand Dollars ($25,000) for any particular replenishment, within ten (10) business days of such written request.
Should any deposit not be replenished in the time and amount specified, City may direct that all Services to be paid from the deposit applicable to such Services be halted until such time as such applicable deposit is replenished.
Developer understands and agrees that City will not pay interest to Developer on the deposits, and Developer will not seek interest payments from City.
No later than forty (40) days after the earliest to occur of: (l) final action is taken by City on the Project, (2) Developer notifies the City in writing of its withdrawal of the Project applications, or (3) the Project is otherwise abandoned, City will provide Developer with a final accounting of costs and expenses, accompanied by invoices, time records or other reasonable back-up therefor, which accounting the Developer agrees will be conclusive, in the absence of manifest error.
Should the total reimbursement amount required for any Services be less than the total amount deposited by Developer with respect to such Services, City will refund any remaining deposit amount relating to such Services to Developer within forty-five (45) days after determining the final reimbursement amount for such Services.
In the event Developer fails or refuses to make any of the deposits required herein, Developer shall be liable to City for all fees charged to the City for Services actually provided which exceed the amount of the deposit paid by Developer for such Services, and City shall have the right to pursue a breach of contract action against the Developer. Further the prevailing party in any dispute and/or litigation necessary to enforce or interpret this Contract shall be entitled to seek and collect its costs and reasonable attorney's fees from the other party.
5. OTHER COSTS.
Developer acknowledges that the cost of the Services does not include all application, permitting, inspection, or other fees which may be charged by City in connection with the Project. To the extent the fees ordinarily charged by City for projects like the Project related to costs that are not reimbursed under this Contract, such fees shall be separately paid in accordance with the relevant City fee schedule.
6. NO GUARANTEE OF APPROVAL.
Developer acknowledges that its payments and deposits described herein do not mean that the City will approve the Project nor that City staff will make a recommendation in favor of the Project. Even if the Project is not approved, Developer shall remain liable for all costs for Services actually provided concerning the Project.
7. INDEPENDENCE OF CONSULTANTS.
During the term of this Contract, Developer will not directly or indirectly enter or propose to enter any financial or business relationship with any of City's consultants that are working on the Project.
Developer hereby acknowledges and agrees as follows:
i. City has sole discretion to select which of its employees or independent contractors are assigned to work on Developer's application. ii. As between City and Developer, City has sole discretion to direct the work and evaluate the performance of the consultants whom the City hires to work on Developer's application. City retains the right to terminate or replace at any time any consultant who is assigned to work on Developer's application. iii. City has sole discretion to determine the amount of compensation paid to consultants hired by City to work on Developer's application. iv. City, not Developer, shall pay consultants hired or assigned by City to work on Developer's application from a City account under the exclusive control of City, which is to be funded by Developer as set forth in this Contract.
City and Developer hereby acknowledge and agree that processing of Developer's application is not contingent on the hiring of any specific consultant.
City and Developer hereby acknowledge and agree that Developer's duty to reimburse City is not contingent upon the approval or disapproval of the proposed Project, or upon the result of any action of the City.
Neither Developer nor its officers, employees or agents, shall communicate with MIG during the term of this Contract without prior approval of the City, unless such communication
is initiated by MIG to obtain information about the Project which is needed to prepare the Environmental Document.
8. TERM AND TERMINATION.
Absent a formal withdrawal of the Project application(s), Developer shall not be entitled to terminate this Contract. If Developer does formally withdraw the Project application(s), Developer shall remain liable for all costs for the Services incurred through the date of termination. The term of this Contract shall commence upon the execution and delivery of this Contract by all parties hereto and shall terminate on the earliest to occur of: (a) the City taking final action on the Project; or (b) Developer formally withdrawing its Project applications. The obligation to reimburse shall survive termination of this Contract.
9. DEVELOPER DEFAULT.
Should Developer fail to perform any of its obligations under this Contract, then City may, at its option following prior notice and a reasonable opportunity to cure, pursue any or all the remedies available to it under this Contract, at law or in equity.
Without limiting any other remedy which may be available to it, if Developer fails to perform any of its obligations under this Contract, City may cease performing its obligations under this Contract.
If the Project is approved and any amounts remain owing to City pursuant to this Contract for Services actually performed prior to termination of this Contract, City may withhold permits and/or certificates of occupancy until all such amounts are paid.
10. INDEMNIFICATION.
Developer further agrees that to the fullest extent permitted by law, the Developer shall defend, indemnify, and hold harmless, the City of Watsonville and its officers, employees, volunteers, attorneys and agents (in the aggregate, the "City Indemnitees") from any and all liability, demand, claim, action, or proceeding, whether actual or threatened, including by way of example but not exclusion, proceedings of an administrative or regulatory nature and proceedings that may be associated with alternative dispute resolution (an "Indemnified Claim") brought by third parties against any City Indemnities (including any advisory agency of the City), challenging the validity of any approvals granted for the Project, the Environmental Document concerning the Project, or seeking damages which may arise from this Contract, other than liabilities, demands, claims, actions or proceedings caused by the sole active negligence or willful misconduct of the City or any City Indemnitee. In any defense of any City Indemnitees, City shall have the absolute right to unilaterally select the legal counsel for such City Indemnitees (with the intention of using one law firm to defend all City Indemnitees unless conflicts of interest preclude such joint representation) and any experts or consultants deemed necessary by City in an exercise of City's sole discretion.
City shall promptly render notice to the Developer of the existence of the Indemnified Claim (a "Notice") and Developer shall defend the City Indemnitees at Developer's expense. City shall cooperate fully with Developer in the defense of any Indemnified Claim. In any Notice, City shall estimate the cost of its defense, which shall include but not be limited to actual attorney fees, court costs, expert witnesses and consultant fees, and all other costs that may arise out of, or be incurred by City in the defense of an Indemnified Claim. Upon such Notice, Developer shall
promptly deposit funds equal to the first three (3) months of the Estimated Cost with the City and shall make additional deposits as and when required to fund the further costs of defending the City Indemnitees for such Indemnified Claim. City shall refund, without interest, any unused portion of the deposits once litigation is finally concluded or a dispute is resolved regarding an Indemnified Claim.
11. COMPLIANCE WITH LAW.
Developer will, at its sole cost and expense, comply with all the requirements of all federal, state, and local laws now in force, or which may hereafter be in force, pertaining to this Contract.
12. WAIVER.
Any express or implied waiver of a breach of item of this Contract will not constitute a waiver of any further breach of the same or any other term or condition of this Contract.
13. NOTICES.
Except as otherwise expressly provided by law, all notices or other communications required or permitted by this Contract or by law to be served on or given to either party to this Contract by the other party shall be in writing and will be deemed received on: (i) the day of delivery if delivered by hand, e-mail (with confirmation of receiving party) and fax (both email and fax required for notices delivered by email or fax), or overnight courier service, during regular business hours; or (ii) on the third business day following deposit, with postage prepaid, in the United States Postal Service and addressed to the contracting parties. Name, address, telephone numbers, and email addresses of the Parties are as follows:
City
City of Watsonville
Civic Plaza Building
275 Main Street -4th Floor
Watsonville, CA 95076
Developer
Lone Oak – Watsonville, L.L.C.
Attention: General Counsel
6250 N. River Road, Suite 9000
Rosemont, IL 60018
Either party may change its address for the purpose of this Section by giving written notice of the change to the other party.
14. INTERPRETATION.
This Contract is deemed to have been prepared by all of the parties hereto, and any uncertainty or ambiguity herein shall not be interpreted against the drafter, but rather, if such ambiguity or uncertainty exists, shall be interpreted according to the applicable rules of interpretation of contracts under the law of the State of California.
15. BUSINESS DAY.
For purposes of this Contract, 'Business Day" means any day other than a Saturday, Sunday, a federal holiday, or a day on which City Hall for the City of Watsonville is closed for the conduct of regular business.
16. SUCCESSORS.
This Contract shall be binding on and inure to the benefit of the successors and assigns of the respective parties hereto. However, this Contract shall not be assigned by Developer in whole or in part without the prior written consent of City, which consent shall not be unreasonably withheld.
17. GOVERNING LAW.
This Contract has been made in and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Santa Cruz County.
18. PARTIAL BIVALIDITY.
Should any provision of this Contract be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Contract will remain in effect, unimpaired by the holding.
19. INTEGRATION.
This instrument constitutes the sole agreement between City and Developer respecting the above matters, and correctly sets forth the obligations of City and Developer. Any agreements or representations by City to Developer not expressly set forth in this instrument are void.
20. CONSTRUCTION.
The language of each part of this Contract will be construed simply and according to its fair meaning, and this Contract will never be construed either for or against either party, whether or not that party drafted all or a portion hereof.
21. AUTHORITY/MODIFICATION.
Each party represents and warrants that all necessary action has been taken by such party to authorize the undersigned to execute this Contract on behalf of such party and to engage in the actions of such party described herein. This Contract may be modified solely by written amendment signed by both City and Developer. City's City Manager, or designee, may execute any such amendment on behalf of City.
22. COUNTERPARTS.
This Contract may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date. —000
IN WITNESS WHEREOF the parties hereto have executed this Contract as of the day and year first hereinabove written.
CITY DEVELOPER
City of Watsonville, a municipal corporation Lone Oak - Watsonville, L. L. C.
By___________________________ By ___________________________ Tamara Vides, City Manager Pro- Mike Manfred, Treasurer Tempore
ATTEST:
By___________________________
Beatriz Vázquez Flores, City Clerk
APPROVED AS TO FORM:
By___________________________
Samantha W. Zutler, City Attorney
1/20/2022 9:01:10 PM
C:\Program Files\eSCRIBE\TEMP\211938637\211938637,,,Report - Contract Axon Enterprise In-Car Camera System.docx Agenda Report
MEETING DATE: Tuesday, January 25, 2022
TO: City Council
FROM: POLICE CHIEF ZAMORA
POLICE CAPTAIN ANTONIO FIGUEROA
SUBJECT: RESOLUTION APPROVING CONTRACT WITH AXON ENTERPRISE
FOR THE PURCHASE OF AN IN-CAR CAMERA SYSTEM FOR AN
AMOUNT NOT TO EXCEED $300,672.25 AND AUTHORIZING CITY
MANAGER PRO TEMPORE TO EXECUTE CONTRACT
STATEMENT OF ISSUES:
The Watsonville Police Department has an in-car camera system that is outdated, failing and unreliable.
RECOMMENDED ACTION:
It is recommended that City Council approve a resolution approving the contract between the City of Watsonville and Axon Enterprise, Inc. (Axon) for the purchase of 25 in-car cameras, equipment updates and commitment for five years to Axon’s Evidence.com digital media storage solution in an amount not to exceed $300,672.25; and authorizing the City Manager Pro Tempore to execute the contract.
DISCUSSION:
The Watsonville Police Department (WPD) currently maintains a patrol fleet of 25 vehicles. At one point, all the vehicles were outfitted with functioning in-car cameras that were set up on the Data911 platform. Currently, only (3) patrol units are outfitted with functioning in-car cameras. The Data911 equipment and platform that are currently being used for the patrol in-car cameras is outdated, failing, and unreliable. For this reason, the in-car cameras that are no longer functioning have not been replaced in the remainder of the patrol fleet.
Because of this, valuable evidence that is commonly gathered from those recordings that often proves critical in criminal prosecutions, is no longer being collected.
In order to update the patrol fleet with a more reliable and efficient solution, the Watsonville Police Department is proposing to purchase the Axon In-Car Cameras and platform, Evidence.com. The WPD has had the opportunity to experience the Evidence.com data management platform for the past 2.5 years, with the implementation of the body worn camera project. This platform has proven to be reliable, efficient, and has cut down on Evidence Unit personnel time needed to process video/audio evidence for prosecution through the District Attorney’s Office. Since then, the WPD has also updated the Tasers and
1/20/2022 9:01:10 PM
C:\Program Files\eSCRIBE\TEMP\211938637\211938637,,,Report - Contract Axon Enterprise In-Car Camera System.docx interview rooms to also be managed through the Evidence.com platform. Since the department already uses the Evidence.com platform for digital evidence management, moving forward with the purchase of the Axon in-car cameras will facilitate the transition and increase efficiency instead of storing digital evidence in separate platforms.
Per WMC 3-5.210(c) as equipment and nonprofessional services that are unique, available only from one (1) source, or sought to match existing equipment or supplies already in use.
In this case, the in-car camera system qualifies as a sole source purchase because patrol incar cameras will work in unison with the rest of the digital evidence through the already existing Evidence.com platform/account. Additionally, no other vendor can offer video/audio evidence gathering equipment that will integrate with Axon and the Evidence.com platform.
STRATEGIC PLAN:
This contract is consistent with the following Strategic Plan Goal 6 – Public Safety.
FINANCIAL IMPACT:
If approved, the City of Watsonville will pay an amount not to exceed $300,672.25, which includes the purchase of 25 in-car cameras and Evidence.com digital media storage solution.
This amount has already been appropriated to be used in Fiscal Year 21-22 using Measure Y funds.
ALTERNATIVE ACTION:
The City Council may choose to not approve the contract. However, this would prevent the Watsonville Police Department from enhancing the existing technology that is an essential tool for deterring and investigating crimes.
ATTACHMENTS AND/OR REFERENCES (If any):
1. Axon Sole Source Letter
Axon Enterprise, Inc. Axon Sole Source Letter Version 38 Page 1 To: United States state, local and municipal law enforcement agencies Re: Sole Source Letter for Axon Enterprise, Inc.’s Axon brand products and Axon Evidence (Evidence.com) Data Management Solutions1
A sole source justification exists because the following goods and services required to satisfy the agency’s needs are only manufactured and available for purchase from Axon Enterprise.
Axon Digital Evidence Solution Description
Axon Body 3 Video Camera (DVR)
• Improved video quality with reduced motion blur and better low-light performance • Multi-mic audio—four built-in microphones
• Wireless upload option
• Gunshot detection and alerts
• Streaming audio and video capability
• “Find my camera” feature
• Verbal transcription with Axon Records (coming soon)
• End-to-end encryption
• Twelve-hour battery
• Up to 120-second buffering period to record footage before pressing record button Axon Flex 2 Video Camera
• Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 0.1 lux • Audio tones to alert user of usage
• Low SD, high SD, low HD, and high HD resolution (customizable by the agency) • Up to 120-second buffering period to record footage before pressing record button • Multiple mounting options using magnetic attachment: head, collar, shoulder, helmet, ball cap, car dash, and Oakley sunglass mounts available • 120-degree diagonal field of view camera lens, 102-degree horizontal field of view, and 55-degree vertical field of view
Axon Flex 2 Controller
• 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • Haptic notification available
• Tactical beveled button design for use in pocket
• Compatible with Axon Signal technology
Axon Air System
• Purpose-built solution for law enforcement UAV programs • Supported applications on iOS and Android
1 Axon is also the sole developer and offeror of the Evidence.com data management services.
Evidence.com is both a division of Axon and a data management product solution offered by Axon.
Evidence.com is not a separate corporate entity.
Attachment 1
December 17, 2020
Axon Enterprise, Inc. Axon Sole Source Letter Version 38 Page 2 • Automated tracking of pilot, aircraft, and flight logs • Unlimited Storage of UAV data in Axon Evidence (Evidence.com) • In application ingestion of data in Axon Evidence (Evidence.com) • Axon Aware integration for live streaming and situational awareness Axon Body 2 Video Camera
• Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 1 lux • Audio tones and haptic (vibration) notification to alert user of usage • Audio mute during event option
• Wi-Fi capability
• High, medium, and low quality recording available (customizable by the agency) • Up to 2-minute buffering period to record footage before pressing record button • Multiple mounting options using holster attachment: shirt, vest, belt, and dash mounts available
• 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • 143-degree lens
• Includes Axon Signal technology
Axon Fleet 3 Camera
• High-definition Dual-View Camera with panoramic field of view, 12x zoom, and AI processing for automatic license plate reader (ALPR)
• High-definition Interior Camera with infrared illumination for back seat view in complete darkness
• Wireless Mic and Charging Base for capturing audio when outside of vehicle • Fleet Hub with connectivity, global navigation satellite system (GNSS), secure solidstate storage, and Signal inputs • Automatic transition from Buffering to Event mode with configurable Signals • Video Recall records last 24 hours of each camera in case camera not activated for an event
• Intuitive mobile data terminal app, Axon Dashboard, for controlling system, reviewing video, quick tagging, and more
• Ability to efficiently categorize, play back and share all video and audio alongside other digital files on Evidence.com
• Multi-cam playback, for reviewing up to four videos, including body-worn and in-car footage, at the same time
• Fully integrated with Evidence.com services and Axon devices • Automatic time synchronization with all Axon Fleet and other Axon on-officer cameras allows for multi-camera playback on Evidence.com. • Prioritized upload to Evidence.com of critical event videos via 4G/LTE • Wireless alerts from the TASER CEW Signal Performance Power Magazine (SPPM) and Signal Side Arm (SSA).
• Best-in-class install times, wireless updates and quick remote troubleshooting • Optional Axon Aware live stream, alerts, and location updates for situational awareness
• Optional Axon ALPR hotlist alerts, plate read retention, and investigative search Attachment 1
Axon Enterprise, Inc. Axon Sole Source Letter Version 38 Page 3 Axon Fleet 2 Camera
• Fully integrated with Axon Evidence services and Axon devices • Automatic time synchronization with other Axon Fleet and Axon on-officer cameras allows for multi-camera playback on Axon Evidence.
• Immediate upload to Axon Evidence of critical event videos via 4G/LTE • Wireless alerts from the TASER CEW Signal Performance Power Magazine (SPPM). • Automatic transition from BUFFERING to EVENT mode in an emergency vehicle equipped with the Axon Signal Unit
• Decentralized system architecture without a central digital video recorder (DVR). • Cameras that function independently and communicate wirelessly with the computer in the vehicle (MDT, MDC, MDU) for reviewing, tagging and uploading video. • Wireless record alert based on Bluetooth communication from Axon Signal Vehicle when a configured input is enabled (e.g. emergency light, siren, weapon rack, etc.). • Receives alerts from Axon Signal Sidearm.
• Plug-And-Play design allowing for cameras to be easily replaced and upgraded. • Ability for an unlimited number of agency vehicles recording in the same vicinity with an Axon Fleet system to be automatically associated with one another when reviewing video in the video management platform. This feature is also supported across body cameras.
Axon Signal Unit (ASU)
• Communications device that can be installed in emergency vehicles. • With emergency vehicle light bar activation, or other activation triggers, the Axon Signal Unit sends a signal. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode.
Axon Signal Performance Power Magazine (SPPM)
• Battery pack for the TASER X2 and X26P conducted electrical weapons • Shifting the safety switch from the down (SAFE) to the up (ARMED) positions sends a signal from the SPPM. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Signal technology only works with Axon cameras.
Axon Signal Sidearm Sensor
• Can be installed on common duty holsters
• Drawing a service handgun from the holster sends a signal from the Axon Signal Sidearm sensor. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode.
Axon Interview Solution
• High-definition cameras and microphones for interview rooms • Covert or overt camera installations
• Touch-screen user interface
• Motion-based activation
• Up to 7-minute pre- and post-event buffering period
• Full hardware and software integration
• Upload to Axon Evidence services
• Interview room files can be managed under the same case umbrella as files from Axon on-officer cameras and Axon Fleet cameras; i.e., Axon video of an arrest and Attachment 1
Axon Enterprise, Inc. Axon Sole Source Letter Version 38 Page 4 interview room video are managed as part of the same case in Axon Evidence • Dual integration of on-officer camera and interview room camera with Axon Evidence digital evidence solution
Axon Signal Technology
• Sends a broadcast of status that compatible devices recognize when certain status changes are detected
• Only compatible with TASER and Axon products
Axon Dock
• Automated docking station uploads to Axon Evidence services through Internet connection
• No computer necessary for secure upload to Axon Evidence • Charges and uploads simultaneously
• The Axon Dock is tested and certified by TUV Rheinland to be in compliance with UL 60950-1: 2007 R10.14 and CAN/ CSA-C22.2 N0.60950-l-07+Al:2011+A2:2014 Information Technology Equipment safety standards.
Axon Evidence Data Management System
• Software as a Service (SaaS) delivery model that allows agencies to manage and share digital evidence without local storage infrastructure or software needed • SaaS model reduces security and administration by local IT staff: no local installation required
• Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement
• Securely share digital evidence with other agencies or prosecutors without creating copies or requiring the data to leave your agency’s domain of control • Controlled access to evidence based on pre-defined roles and permissions and predefined individuals • Password authentication includes customizable security parameters: customizable password complexity, IP-based access restrictions, and multi-factor authentication support
• Automated category-based evidence retention policies assists with efficient database management
• Ability to recover deleted evidence within seven days of deletion • Stores and supports all major digital file types: .mpeg, .doc, .pdf, .jpeg, etc. • Requires NO proprietary file formats
• Ability to upload files directly from the computer to Axon Evidence via an Internet browser
• Data Security: Robust Transport Layer Security (TLS) implementation for data in transit and 256-bit AES encryption for data in storage
• Security Testing: Independent security firms perform in-depth security and penetration testing
• Reliability: Fault- and disaster-tolerant infrastructure in at least 4 redundant data centers in both the East and West regions of the United States • Chain-of-Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and IT staff • Protection: With no on-site application, critical evidence stored in Axon Evidence is protected from local malware that may penetrate agency infrastructure Attachment 1
Axon Enterprise, Inc. Axon Sole Source Letter Version 38 Page 5 • Stability: Axon Enterprise is a publicly traded company with stable finances and funding, reducing concerns of loss of application support or commercial viability • Application and data protected by a CJIS and ISO 27001 compliant information security program
• Dedicated information security department that protects Axon Evidence and data with security monitoring, centralized event log analysis and correlation, advanced threat and intrusion protection, and incident response capabilities • Redact videos easily within the system, create tags, markers and clips, search 7 fields in addition to 5 category-based fields, create cases for multiple evidence files Axon Evidence for Prosecutors
• All the benefits of the standard Axon Evidence services • Ability to share information during the discovery process • Standard licenses available for free to prosecutors working with agencies already using Axon Evidence services
• Unlimited storage for data collected by Axon cameras and Axon Capture Axon Capture Application
• Free app for iOS and Android mobile devices
• Allows users to capture videos, audio recordings, and photos and upload these files to their Axon Evidence account from the field
• Allows adding metadata to these files, such as: Category, Title, Case ID, and GPS data
Axon Commander Services
• On-premises data management platform
• Chain of custody reports with extensive audit trail
• Automated workflows, access control, storage, and retention • Compatible with multiple file formats
Axon View Application
• Free app for iOS and Android mobile devices
• Allows user to view the camera feed from a paired Axon Body, Axon Body 2, Axon Flex, or Axon Flex 2 camera in real-time
• Allows for playback of videos stored on a paired Axon Body, Axon Body 2, Axon Flex, or Axon Flex 2 system
• Allows adding meta-data to videos, such as: Category, Title, Case ID, and GPS data Axon Records
• Continuously improving automated report writing by leveraging AI and ML on officer recorded video, photo, and audio from BWC, In-Car, Mobile App (Axon Capture), or other digital media
• Collaborative report writing through instantly synced workspaces allowing officers to delegate information gathering on scene
• Instant access to records allowing detectives to begin their investigation and records clerks to update information exchanges on things like missing people or stolen property as soon as possible
• Complete leveraging of Axon Evidence sharing to allow fast, efficient, digital, and secure sharing of records and cases to DAs and Prosecutors Attachment 1
Axon Enterprise, Inc. Axon Sole Source Letter Version 38 Page 6 • Robust API and SDK allows data to be easily ingested and pushed out to other systems—preventing data silos
• Deep integration with Axon Evidence putting video at the heart of the record and automating the process of tagging and categorizing digital evidence stored in Axon Evidence
• Automatic association of digital evidence to the record and incident through Axon Evidence integration
• In context search of master indexes (people, vehicles, locations, charges)— promoting efficient report writing through prefilling of existing data which promotes clean and deduped data in the system
• Quick views for users to track calls for service and reports in draft, ready for review, kicked back for further information, or submitted to Records for archiving. • Federal and State IBRS fields are captured and validated—ensuring the officer knows what fields to fill and what information needs to be captured • Intuitive validation ensures officers know what information to submit without being burdened by understanding the mapping of NIBRS to state or local crime codes • Ability to create custom forms and add custom fields to incident reports—allowing your agency to gather the information you find valuable • Software as a Service (SaaS) delivery model that allows agencies to write, manage, and share digital incident reports without local storage infrastructure or software needed
• SaaS model reduces security and administration by local IT staff: no local installation required
• Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement
• Securely share records and cases with other agencies or prosecutors without creating copies or requiring the data to leave your agency’s domain of control • Controlled access based on pre-defined users, groups, and permissions • Password authentication includes customizable security parameters: customizable password complexity, IP-based access restrictions, and multi-factor authentication support
• Security Testing: Independent security firms perform in-depth security and penetration testing
• Reliability: Fault- and disaster-tolerant infrastructure in at least 4 redundant data centers in both the East and West regions of the United States • Chain-of-Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and IT staff Axon Standards
• Internal affairs and professional standards reporting • Customizable information display, including custom forms • Customizable workflows and user groups
• Automated alerts
• Compatible with digital documents, photos, and videos • Connection with Transcription (beta)
• Shared Index with evidence.com and Records
• Data Warehouse allowing custom summary reports and integration into 3rd party analytic tools.
Attachment 1
Axon Enterprise, Inc. Axon Sole Source Letter Version 38 Page 7 • Workflow analytics to provide SLA on throughputs
• Integration with the TASER 7 CEW for automatically pulling firing logs (alpha) • Available as an option for Axon Records
• Automatically bundled with Officer Safety Plan 7+
Axon Professional Services
• Dedicated implementation team
• Project management and deployment best practices aid
• Training and train-the-trainer sessions
• Integration services with other systems
Axon Auto-Transcribe
• Transcribes audio to text, producing a time-synchronized transcript of incidents • Allows searches for keywords (e.g., names, and addresses) • Embedded time stamps when critical details were said and events occurred • Produce transcripts in substantially less time than with manual methods • Pull direct quotes and witness statements directly into reports Axon Support Engineer:
• Dedicated Axon Regional/Resident Support Engineer Services • Quarterly onsite visits
• Solution and Process Guidance custom to your agency
• White-Glove RMA and TAP (if applicable) Service for devices • Monthly Product Usage Analysis
• Resident Support Engineer also includes onsite product maintenance, troubleshooting, and beta testing assistance
Axon Respond for Dispatch (CAD)
• Integration with Axon Respond for Devices (Axon Body 3) for location and/or live streaming in CAD.
• Integration with TASER 7 CEW devices for enhanced situational awareness. • Native ESRI based mapping with ability to connect to ESRI online communities and your agency’s local ArcGIS data.
• SaaS model reduces security and administration by local IT staff: no local installation • Robust API and SDK allows data to be easily ingested and pushed out to other systems -- preventing data silos.
• Complete leveraging of Axon Evidence (evidence.com) sharing to allow fast, efficient, digital and secure sharing of data to DAs and Prosecutors. • Future versions/enhancements included with minimal down time and no need to purchase an upgrade to the latest version.
• Native integration with Axon Records.
• Reliability: Fault – and disaster – tolerant infrastructure in at least four redundant data centers in both the East and West regions of the United States. • Security Testing: Independent security firms perform in depth security and penetration testing.
• Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement.
Attachment 1
Axon Enterprise, Inc. Axon Sole Source Letter Version 38 Page 8 Axon Customer Support
• Online and email-based support available 24/7
• Human phone-based support available Monday–Friday 7:00 AM–5:00 PM MST; support is located in Scottsdale, AZ, USA
• Library of webinars available 24/7
• Remote-location troubleshooting
Axon Brand Model Numbers
1. Axon Body 3 Camera Model: 73202
2. Axon Flex 2 Cameras:
• Axon Flex 2 Camera (online) Model: 11528
• Axon Flex 2 Camera (offline) Model: 11529
3. Axon Flex 2 Controller Model: 11532
4. Axon Flex 2 USB Sync Cable Model: 11534
5. Axon Flex 2 Coiled Cable, Straight to Right Angle, 48″ (1.2 m)
6. Axon Flex 2 Camera Mounts:
• Oakley Flak Jacket Kit Model: 11544
• Collar Mount Model: 11545
• Oakley Clip Model: 11554
• Epaulette Mount Model: 11546
• Ballcap Mount Model: 11547
• Ballistic Vest Mount Model: 11555
7. Universal Helmet Mount Model: 11548
8. Axon Air System with Axon Evidence (Evidence.com) 5-Year License Model: 12332
9. Axon Body 2 Camera Model: 74001
10. Axon Body 2 Camera Mounts:
• Axon RapidLock Velcro Mount Model: 74054
11. Axon Flex 2 Controller and Axon Body 2 Camera Mounts:
• Z-Bracket, Men’s, Axon RapidLock Model: 74018
• Z-Bracket, Women’s Axon RapidLock Model: 74019
• Magnet, Flexible, Axon RapidLock Model: 74020
• Magnet, Outerwear, Axon RapidLock Model: 74021
• Small Pocket, 4″ (10.1 cm), Axon RapidLock Model: 74022 • Large Pocket, 6″ (15.2 cm), Axon RapidLock Model: 74023 Attachment 1
Axon Enterprise, Inc. Axon Sole Source Letter Version 38 Page 9 • MOLLE Mount, Single, Axon RapidLock Model: 11507
• MOLLE Mount, Double, Axon RapidLock Model: 11508
• Belt Clip Mount, Axon RapidLock Model: 11509
12. Axon Fleet Camera
• Axon Fleet 2 Front Camera: 71079
• Axon Fleet 2 Front Camera Mount: 71080
• Axon Fleet 2 Rear Camera: 71081
• Axon Fleet 2 Rear Camera Controller: 71082
• Axon Fleet 2 Rear Camera Controller Mount: 71083
• Axon Fleet Battery System: 74024
• Axon Fleet Bluetooth Dongle: 74027
13. Axon Signal Unit Model: 70112
14. Axon Dock Models:
• Axon Dock – Individual Bay and Core for Axon Flex 2
• Axon Dock – 6-Bay and Core for Axon Flex 2
• Individual Bay for Axon Flex 2 Model: 11538
• Core (compatible with all Individual Bays and 6-Bays) Model: 70027 • Wall Mount Bracket Assembly for Axon Dock: 70033
• Axon Dock – Individual Bay and Core for Axon Body 2 and Axon Fleet Model 74009 • Axon Dock – 6-Bay and Core for Axon Body 2 and Axon Fleet Model 74008 • Individual Bay for Axon Body 2 and Axon Fleet Model: 74011
15. Axon Signal Performance Power Magazine (SPPM) Model: 70116 Axon Product Packages
1. Officer Safety Plan: includes a CEW, Axon camera and Dock upgrade, and Axon Evidence license and storage. See your Sales Representative for further details and Model numbers.
2. TASER Assurance Plan (TAP): Hardware extended coverage, Spare Products (for Axon cameras), and Upgrade Models, for the Axon Flex camera and controller, Axon Body camera, and Axon Dock. (The TAP is available only through Axon Enterprise, Inc.)
SOLE AUTHORIZED DISTRIBUTOR FOR
AXON BRAND PRODUCTS
SOLE AUTHORIZED REPAIR FACILITY
FOR AXON BRAND PRODUCTS
Axon Enterprise, Inc.
17800 N. 85th Street, Scottsdale, AZ 85255
Phone: 480-905-2000 or 800-978-2737
Fax: 480-991-0791
Axon Enterprise, Inc.
17800 N. 85th Street, Scottsdale, AZ 85255
Phone: 480-905-2000 or 800-978-2737
Fax: 480-991-0791
Please contact your local Axon sales representative or call us at 1-800-978-2737 with any questions.
Sincerely,
Attachment 1
Axon Enterprise, Inc. Axon Sole Source Letter Version 38 Page 10 Josh Isner
Chief Revenue Officer
Axon Enterprise, Inc.
Android is a trademark of Google, Inc., Bluetooth is a trademark of the Bluetooth SIG, Flak Jacket is a trademark of Oakley, Inc, iPod Touch is a trademark of Apple Inc, iOS is a trademark of Cisco, LTE is a trademark of the European Telecommunications Standards Institute, Shoei is a trademark of Shoei Co., Ltd., VELCRO is a trademark of Velcro Industries, B.V., and Wi-Fi is a trademark of the Wi-Fi Alliance. , AXON, Axon, Axon Evidence, Axon Flex, Axon InterviewFleet, X2, X26, TASER 7, and TASER are trademarks of Axon Enterprise, Inc., some of which are registered in the US and other countries. For more information, visit www.axon.com/legal. All rights reserved. © 2020 Axon Enterprise, Inc.
Attachment 1
Reso No. (CM)
Meeting Date: 012522 AJS ______ TV ______ WPD ______
1 RESOLUTION NO. __________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE
APPROVING SOLE SOURCE PURCHASE AND MASTER SERVICES AND
PURCHASING AGREEMENT WITH AXON ENTERPRISE, INC., A
CORPORATION, DBA AXON (FORMERLY KNOWN AS TASER
INTERNATIONAL) FOR THE PURCHASE OF TWENTY-FIVE (25) IN-CAR
CAMERAS, EQUIPMENT UPDATES AND COMMITMENT FOR FIVE YEARS TO AXON’S EVIDENCE.COM DIGITAL MEDIA STORAGE SOLUTION, IN AN AMOUNT NOT TO EXCEED $300,672; AND AUTHORIZING CITY
MANAGER PRO TEMPORE TO EXECUTE CONTRACT (FUNDED FROM
MEASURE Y FUNDS)
WHEREAS, competitive bidding requirements for the purchase of supplies, equipment and non-personal contractual services and the sale of personal property are set forth in Chapter 5 of Title 3 of the Municipal Code; and WHEREAS, subdivision (c) of § 3-5.210 exempts supplies and materials which are unique, available only from one source, or sought to match existing equipment or supplies already in use (also known as a sole source purchase); and WHEREAS, no other vendor can offer video/audio evidence gathering equipment that will integrate with Axon and the Evidence.com platform.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. The Council finds that the purchase of twenty-five (25) in-car cameras, equipment updates and commitment for five years to Axon’s Evidence.com digital media storage solution is available from one source that meets the needs of the Watsonville Police Department (also known as a sole source purchase).
2. This purchase is exempt from the purchasing procedures of Chapter 5 of Title 3 of the Municipal Code as a sole source purchase under subdivision (c) of § 3-5.210 of the Municipal Code.
Reso No. (CM)
Meeting Date: 012522 2
3. That the Council hereby approves the Master Services and Purchasing Agreement between the City of Watsonville and Axon Enterprise, a corporation, dba Axon for the purchase of twenty-five (25) in-car cameras, equipment updates and commitment for five years to Axon’s Evidence.com digital media storage solution, in an amount not to exceed $300,672.25.
4. That the City Manager Pro Tempore is hereby authorized and directed to execute said Agreement for and on behalf of the City of Watsonville in the form attached hereto with minor revisions that may be approved by the City Manager Pro Tempore and the City Attorney.
********************************
DocuSign Envelope ID: 73005D5E-B427-4EBF-8072-F74CA442F353 Master Services and Purchasing Agreement between
Axon and Agency
Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 13.0
Release Date: 3/31/2021 Page 1 of 19
This Master Services and Purchasing Agreement (“Agreement”) is between Axon Enterprise, Inc., a Delaware corporation (“Axon”), and the agency on the Quote (“Agency”). This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) signature date on the Quote (“Effective Date”). Axon and Agency are each a “Party” and collectively “Parties”. This Agreement governs Agency’s purchase and use of the Axon Devices and Services detailed in the Quote Appendix (“Quote”). It is the intent of the Parties that this Agreement act as a master agreement governing all subsequent purchases by Agency for the same Axon products and services in the Quote, and all such subsequent quotes accepted by Agency shall be also incorporated into this Agreement by reference as a Quote. The Parties therefore agree as follows:
1 Definitions.
“Axon Cloud Services” means Axon’s web services for Axon Evidence, Axon Records, Axon Dispatch, and interactions between Evidence.com and Axon Devices or Axon client software. Axon Cloud Service excludes third-party applications, hardware warranties, and my.evidence.com. “Axon Device” means all hardware provided by Axon under this Agreement. “Quote” means an offer to sell and is only valid for devices and services on the quote at the specified prices.
Any terms within Agency’s purchase order in response to a Quote will be void. Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote.
Shipping dates are estimates only. Axon is not responsible for typographical errors in any offer by Axon, and Axon reserves the right to cancel any orders resulting from such errors. “Services” means all services provided by Axon under this Agreement, including software, Axon Cloud Services, and professional services.
2 Term. This Agreement begins on the Effective Date and continues until all subscriptions hereunder have expired or have been terminated (“Term”).
All subscriptions including Axon Evidence, Axon Fleet, Officer Safety Plans, Technology Assurance Plans, and TASER 7 plans begin after shipment of the applicable Axon Device. If Axon ships the Axon Device in the first half of the month, the start date is the 1st of the following month. If Axon ships the Axon Device in the second half of the month, the start date is the 15th of the following month. For purchases solely of Axon Evidence subscriptions, the start date is the Effective Date. Each subscription term ends upon completion of the subscription stated in the Quote (“Subscription Term”).
Upon completion of the Subscription Term, the Subscription Term will automatically renew for an additional 5 years (“Renewal Term”). For purchase of TASER 7 as a standalone, Axon may increase pricing to its then-current list pricing for any Renewal Term. For all other purchases, Axon may increase pricing on all line items in the Quote up to 3% at the beginning of each year of the Renewal Term. New devices and services may require additional terms. Axon will not authorize services until Axon receives a signed Quote or accepts a purchase order, whichever is first.
3 Payment. Axon invoices upon shipment. Payment is due net 30 days from the invoice date. Payment obligations are non-cancelable. Agency will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Agency is responsible for collection and attorneys’ fees. 4 Taxes. Agency is responsible for sales and other taxes associated with the order unless Agency provides Axon a valid tax exemption certificate.
5 Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments are FOB shipping point via common carrier. Title and risk of loss pass to Agency upon Axon’s delivery to the common carrier. Agency is responsible for any shipping charges in the Quote. 6 Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law.
DocuSign Envelope ID: 73005D5E-B427-4EBF-8072-F74CA442F353 Master Services and Purchasing Agreement between
Axon and Agency
Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 13.0
Release Date: 3/31/2021 Page 2 of 19
7 Warranty.
7.1 Hardware Limited Warranty. Axon warrants that Axon-manufactured Devices are free from defects in workmanship and materials for 1 year from the date of Agency’s receipt, except Signal Sidearm, which Axon warrants for 30 months from the date of Agency’s receipt. Axon warrants its Axon-manufactured accessories for 90-days from the date of Agency’s receipt. Used conducted energy weapon (“CEW”) cartridges are deemed to have operated properly. Extended warranties run from the expiration of the 1-year hardware warranty through the extended warranty term. NonAxon manufactured Devices are not covered by Axon’s warranty. Agency should contact the manufacturer for support of non-Axon manufactured Devices.
7.2 Claims. If Axon receives a valid warranty claim for an Axon manufactured Device during the warranty term, Axon’s sole responsibility is to repair or replace the Device with the same or like Device, at Axon’s option. A replacement Axon Device will be new or like new. Axon will warrant the replacement Axon Device for the longer of (a) the remaining warranty of the original Axon Device or (b) 90-days from the date of repair or replacement.
If Agency exchanges a device or part, the replacement item becomes Agency’s property, and the replaced item becomes Axon’s property. Before delivering a Axon Device for service, Agency must upload Axon Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the Axon Device sent to Axon for service.
7.3 Spare Axon Devices. For qualified purchases, Axon may provide Agency a predetermined number of spare Axon Devices as detailed in the Quote (“Spare Axon Devices”). Spare Axon Devices are intended to replace broken or non-functioning units while Agency submits the broken or nonfunctioning units, through Axon’s warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Agency in accordance with shipping terms under Section 5. Axon assumes no liability or obligation in the event Agency does not utilize Spare Axon Devices for the intended purpose.
7.4 Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other than Axon without Axon’s written permission; or (f) Axon Devices with a defaced or removed serial number.
7.4.1 To the extent permitted by law, the above warranties and remedies are exclusive.
Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement.
7.4.2 Axon’s cumulative liability to any Party for any loss or damage resulting from any claim, demand, or action arising out of or relating to any Axon Device or Service will not exceed the purchase price paid to Axon for the Axon Device, or if for Services, the amount paid for such Services over the 12 months preceding the claim. Neither Party will be liable for direct, special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory.
8 Statement of Work. Certain Axon Devices and Services, including Axon Interview Room, Axon Channel Services, and Axon Fleet, may require a Statement of Work that details Axon’s Service deliverables (“SOW”). In the event Axon provides an SOW to Agency, Axon is only responsible to perform Services described in the SOW. Additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. The SOW is incorporated into this Agreement by reference.
9 Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings.
DocuSign Envelope ID: 73005D5E-B427-4EBF-8072-F74CA442F353 Master Services and Purchasing Agreement between
Axon and Agency
Department: Legal
Version: 13.0
Release Date: 3/31/2021 Page 3 of 19
10 Design Changes. Axon may make design changes to any Axon Device or Service without notifying Agency or making the same change to Axon Devices and Services previously purchased by Agency. 11 Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time of Agency’s purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to a delay of availability or Agency’s election not to utilize any portion of an Axon bundle. 12 Insurance. Axon will maintain General Liability, Workers’ Compensation, and Automobile Liability insurance. Upon request, Axon will supply certificates of insurance. 13 Indemnification. Axon will indemnify Agency’s officers, directors, and employees (“Agency Indemnitees”) against all claims, demands, losses, and reasonable expenses arising out of a third-party claim against an Agency Indemnitee resulting from any negligent act, error or omission, or willful misconduct by Axon under this Agreement, except to the extent of Agency’s negligence or willful misconduct, or claims under workers compensation.
14 IP Rights. Axon owns and reserves all right, title, and interest in Axon devices and services and suggestions to Axon, including all related intellectual property rights. Agency will not cause any Axon proprietary rights to be violated.
15 IP Indemnification. Axon will indemnify Agency Indemnitees against all claims, losses, and reasonable expenses from any third-party claim alleging that the use of Axon Devices or Services infringes or misappropriates the third-party’s intellectual property rights. Agency must promptly provide Axon with written notice of such claim, tender to Axon the defense or settlement of such claim at Axon’s expense and cooperate fully with Axon in the defense or settlement of such claim. Axon’s IP indemnification obligations do not apply to claims based on (a) modification of Axon Devices or Services by Agency or a third-party not approved by Axon; (b) use of Axon Devices and Services in combination with hardware or services not approved by Axon; (c) use of Axon Devices and Services other than as permitted in this Agreement; or (d) use of Axon software that is not the most current release provided by Axon. 16 Agency Responsibilities. Agency is responsible for (a) Agency’s use of Axon Devices; (b) breach of this Agreement or violation of applicable law by Agency or an Agency end user; and (c) a dispute between Agency and a third-party over Agency’s use of Axon Devices. 17 Termination.
17.1 For Breach. A Party may terminate this Agreement for cause if it provides 30 days written notice of the breach to the other Party, and the breach remains uncured at the end of 30 days. If Agency terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination.
17.2 By Agency. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Agency may terminate this Agreement. Agency will deliver notice of termination under this section as soon as reasonably practicable.
17.3 Effect of Termination. Upon termination of this Agreement, Agency rights immediately terminate.
Agency remains responsible for all fees incurred before the effective date of termination. If Agency purchases Axon Devices for less than the manufacturer’s suggested retail price (“MSRP”) and this Agreement terminates before the end of the Term, Axon will invoice Agency the difference between the MSRP for Axon Devices received, including any Spare Axon Devices, and amounts paid towards those Axon Devices. Only if terminating for non-appropriation, Agency may return Axon Devices to Axon within 30 days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale. For bundled Axon Devices, MSRP is the standalone price of all individual components.
18 Confidentiality. “Confidential Information” means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be Title: Master Services and Purchasing Agreement between Axon and Agency
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understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party’s Confidential Information. Unless required by law, neither Party will disclose the other Party’s Confidential Information during the Term and for 5-years thereafter. Axon pricing is Confidential Information and competition sensitive. If Agency is required by law to disclose Axon pricing, to the extent allowed by law, Agency will provide notice to Axon before disclosure. Axon may publicly announce information related to this Agreement.
19 General.
19.1 Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s reasonable control.
19.2 Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties.
19.3 Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.
19.4 Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law.
19.5 Export Compliance. Each Party will comply with all import and export control laws and regulations.
19.6 Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets. This Agreement is binding upon the Parties respective successors and assigns.
19.7 Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right.
19.8 Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect.
19.9 Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, and Agency Responsibilities.
19.10 Governing Law. The laws of the state where Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.
19.11 Notices. All notices must be in English. Notices posted on Agency’s Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Contact information for notices:
Axon: Axon Enterprise, Inc. Agency: City of Watsonville Attn: Legal Attn: Watsonville Police Dept.
17800 N. 85th Street Street Address: 215 Union St.
Scottsdale, Arizona 85255 City, State, Zip: Watsonville, CA 95076 [email protected] Email:
19.12 Entire Agreement. This Agreement, including the Appendices and any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or Title: Master Services and Purchasing Agreement between Axon and Agency
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understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties.
Each representative identified below declares they have been expressly authorized to execute this Agreement as of the date of signature.
AXON: AGENCY:
Axon Enterprise, Inc. City of Watsonville
Signature: Signature:
Robert E. Driscoll, Jr.
Name: Name:
Title: VP, Assoc. General Counsel
10/21/2021
Title:
Date: Date:
Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
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Axon Cloud Services Terms of Use Appendix
1 Definitions.
“Agency Content” is data uploaded into, ingested by, or created in Axon Cloud Services within Agency’s tenant, including media or multimedia uploaded into Axon Cloud Services by Agency.
Agency Content includes Evidence but excludes Non-Content Data. “Evidence” is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency.
Evidence is a subset of Agency Content.
“Non-Content Data” is data, configuration, and usage information about Agency’s Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Agency Content. “Personal Data” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
2 Access. Upon Axon granting Agency a subscription to Axon Cloud Services, Agency may access and use Axon Cloud Services to store and manage Agency Content. Agency may not exceed more end users than the Quote specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence Lite, Agency may access and use Axon Evidence only to store and manage TASER CEW and TASER CAM data (“TASER Data”). Agency may not upload nonTASER Data to Axon Evidence Lite. 3 Agency Owns Agency Content. Agency controls and owns all right, title, and interest in Agency Content. Except as outlined herein, Axon obtains no interest in Agency Content, and Agency Content is not Axon’s business records. Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content. Axon will only have access to Agency Content for the limited purposes set forth herein. Agency agrees to allow Axon access to Agency Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products.
4 Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and Agency Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum.
5 Agency Responsibilities. Agency is responsible for (a) ensuring Agency owns Agency Content; (b) ensuring no Agency Content or Agency end user’s use of Agency Content or Axon Cloud Services violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud Services. If Agency becomes aware of any violation of this Agreement by an end user, Agency will immediately terminate that end user’s access to Axon Cloud Services.
Agency will also maintain the security of end user names and passwords and security and access by end users to Agency Content. Agency is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Agency regulation and standards. Agency may not sell, transfer, or sublicense access to any other entity or person. Agency shall contact Axon immediately Title: Master Services and Purchasing Agreement between Axon and Agency
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if an unauthorized party may be using Agency’s account or Agency Content, or if account information is lost or stolen.
To the extent Agency uses the Axon Cloud Services to interact with YouTube®, such use may be governed by the YouTube Terms of Service, available at
https://www.youtube.com/static?template=terms.
6 Privacy. Agency’s use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current version of which is available at https://www.axon.com/legal/cloud-servicesprivacy-policy. Agency agrees to allow Axon access to Non-Content Data from Agency to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products.
7 Axon Body 3 Wi-Fi Positioning. Axon Body 3 cameras offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance, within buildings or underground. Agency administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Agency chooses to use this service, Axon must also enable the usage of the feature for Agency’s Axon Cloud Services tenant. Agency will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Agency’s Axon Cloud Services tenant. When Wi-Fi Positioning is enabled by both Axon and Agency, Non-Content and Personal Data will be sent to Skyhook Holdings, Inc. (“Skyhook”) to facilitate the Wi-Fi Positioning functionality. Data controlled by Skyhook is outside the scope of the Axon Cloud Services Privacy Policy and is subject to the Skyhook Services Privacy Policy. 8 Storage. For Axon Unlimited Device Storage subscriptions, Agency may store unlimited data in Agency's Axon Evidence account only if data originates from Axon Capture or the applicable Axon Device. Axon may charge Agency additional fees for exceeding purchased storage amounts. Axon may place Agency Content that Agency has not viewed or accessed for 6 months into archival storage. Agency Content in archival storage will not have immediate availability and may take up to 24 hours to access.
9 Location of Storage. Axon may transfer Agency Content to third-party subcontractors for storage.
Axon will determine the locations of data centers for storage of Agency Content. For United States agencies, Axon will ensure all Agency Content stored in Axon Cloud Services remains within the United States. Ownership of Agency Content remains with Agency. 10 Suspension. Axon may temporarily suspend Agency’s or any end user’s right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Agency or end user’s use of or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third-party; (b) adversely impact Axon Cloud Services , the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent.
Agency remains responsible for all fees incurred through suspension. Axon will not delete Agency Content because of suspension, except as specified in this Agreement. 11 Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Agency uploads data to Axon Cloud Services. 12 Axon Records. Axon Records is the software-as-a-service product that is generally available at the time Agency purchases an OSP 7 bundle. During Agency’s Axon Records Subscription Term, Agency will be entitled to receive Axon’s Update and Upgrade releases on an if-and-when available basis.
The Axon Records Subscription Term will end upon the competition of the Axon Records Title: Master Services and Purchasing Agreement between Axon and Agency
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Subscription as documented in the Quote, or if purchased as part of an OSP 7 bundle, upon competition of the OSP 7 Term (“Axon Records Subscription”) An “Update” is a generally available release of Axon Records that Axon makes available from time to time. An “Upgrade” includes (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude new products that Axon introduces and markets as distinct products or applications.
New or additional Axon products and applications, as well as any Axon professional services needed to configure Axon Records, are not included. If Agency purchases Axon Records as part of a bundled offering, the Axon Record subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Records to Agency. 13 Axon Cloud Services Restrictions. Agency and Agency end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to:
13.1 copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services;
13.2 reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same;
13.3 access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;
13.4 use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement;
13.5 access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services;
13.6 remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Cloud Services; or
13.7 use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; to store or transmit material in violation of third-party privacy rights; or to store or transmit malicious code.
14 After Termination. Axon will not delete Agency Content for 90-days following termination. There will be no functionality of Axon Cloud Services during these 90-days other than the ability to retrieve Agency Content. Agency will not incur additional fees if Agency downloads Agency Content from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Agency Content after these 90-days and will thereafter, unless legally prohibited, delete all Agency Content.
Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Agency Content from Axon Cloud Services.
15 Post-Termination Assistance. Axon will provide Agency with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content, including requests for Axon’s data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system.
16 U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Cloud Services on behalf of a U.S. Federal department, Axon Cloud Services is provided as a “commercial item,” “commercial computer software,” “commercial computer software documentation,” and “technical data”, as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, Agency will immediately discontinue use of Axon Cloud Services.
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17 Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: Agency Owns Agency Content, Storage, Axon Cloud Services Warranty, and Axon Cloud Services Restrictions.
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Axon Customer Experience Improvement Program Appendix
1 Axon Customer Experience Improvement Program (ACEIP). The ACEIP is designed to accelerate Axon’s development of technology, such as building and supporting automated features, to ultimately increase safety within communities and drive efficiency in public safety. To this end, subject to the limitations on Axon as described below, Axon, where allowed by law, may make limited use of Agency Content from all of its customers, to provide, develop, improve, and support current and future Axon products (collectively, “ACEIP Purposes”). However, at all times, Axon will comply with its obligations pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a comprehensive data security program (including compliance with the CJIS Security Policy for Criminal Justice Information), privacy program, and data governance policy, including high industry standards of de-identifying Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier 1 and Tier 2. By default, Agency will be a participant in ACEIP Tier 1. If Agency does not want to participate in ACEIP Tier 1, Agency can revoke its consent at any time. If Agency wants to participate in Tier 2, as detailed below, Agency can check the ACEIP Tier 2 box below. If Agency does not want to participate in ACEIP Tier 2, Agency should leave box unchecked. At any time, Agency may revoke its consent to ACEIP Tier 1, Tier 2, or both Tiers.
1.1 ACEIP Tier 1.
1.1.1. When Axon uses Agency Content for the ACEIP Purposes, Axon will extract from Agency Content and may store separately copies of certain segments or elements of the Agency Content (collectively, “ACEIP Content”). When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate, transform or de-identify Agency Content so that the extracted ACEIP Content is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual (“Privacy Preserving Technique(s)”). For illustrative purposes, some examples are described in footnote 11. For clarity, ACEIP Content will still be linked indirectly, with an attribution, to the Agency from which it was extracted.
This attribution will be stored separately from the data itself, but is necessary for and will be solely used to enable Axon to identify and delete all ACEIP Content upon Agency request. Once de-identified, ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time, Agency may revoke the consent granted herein to Axon to access and use Agency Content for ACEIP Purposes. Within 30 days of receiving the Agency’s request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Agency. In addition, if Axon uses Agency Content for the ACEIP Purposes, upon request, Axon will make available to Agency a list of the specific type of Agency Content being used to generate ACEIP Content, the purpose of such use, and the retention, privacy preserving extraction technique, and relevant data protection practices 1 For example; (a) when extracting specific text to improve automated transcription capabilities, text that could be used to directly identify a particular individual would not be extracted, and extracted text would be disassociated from identifying metadata of any speakers, and the extracted text would be split into individual words and aggregated with other data sources (including publicly available data) to remove any reasonable ability to link any specific text directly or indirectly back to a particular individual; (b) when extracting license plate data to improve Automated License Plate Recognition (ALPR) capabilities, individual license plate characters would be extracted and disassociated from each other so a complete plate could not be reconstituted, and all association to other elements of the source video, such as the vehicle, location, time, and the surrounding environment would also be removed; (c) when extracting audio of potential acoustic events (such as glass breaking or gun shots), very short segments (<1 second) of audio that only contains the likely acoustic events would be extracted and all human utterances would be removed.
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applicable to the Agency Content or ACEIP Content (“Use Case”). From time to time, Axon may develop and deploy new Use Cases. At least 30 days prior to authorizing the deployment of any new Use Case, Axon will provide Agency notice (by updating the list of Use Case at https://www.axon.com/aceip and providing Agency with a mechanism to obtain notice of that update or another commercially reasonable method to Agency designated contact) (“New Use Case”).
1.1.2. Expiration of ACEIP Tier 1. Agency consent granted herein, will expire upon termination of the Agreement. In accordance with section 1.1.1, within 30 days of receiving the Agency’s request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Agency.
1.2 ACEIP Tier 2. In addition to ACEIP Tier 1, if Agency wants to help further improve Axon’s services, Agency may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2, grants Axon certain additional rights to use Agency Content, in addition to those set forth in Tier 1 above, without the guaranteed deployment of a Privacy Preserving Technique to enable product development, improvement, and support that cannot be accomplished with aggregated, transformed or de-identified data.
☐ Check this box if Agency wants to help further improve Axon’s services by participating in ACEIP Tier 2 in addition to Tier 1. By checking this box, Agency hereby agrees to the Axon Customer Experience Improvement Program Tier 2 Terms of Service, available at https://www.axon.com/sales-terms-and-conditions and incorporated herein by reference.
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Professional Services Appendix
1 Utilization of Services. Agency must use professional services as outlined in the Quote and this Appendix within 6 months of the Effective Date.
2 Body-Worn Camera Full Service (BWC Full Service). BWC Full Service includes advance remote project planning and configuration support and up to 4 consecutive days of on-site service and a professional services manager to work with Agency to assess Agency’s deployment and determine which on-site services are appropriate. If Agency requires more than 4 consecutive onsite days, Agency must purchase additional days. BWC Full Service options include:
System set up and configuration
• Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories and custom roles based on Agency need • Register cameras to Agency domain
• Troubleshoot IT issues with Axon Evidence and Axon Dock (“Dock”) access • One on-site session included
Dock configuration
• Work with Agency to decide the ideal location of Docks and set configurations on Dock • Authenticate Dock with Axon Evidence using admin credentials from Agency • On-site assistance, not to include physical mounting of docks Best practice implementation planning session
• Provide considerations for the establishment of video policy and system operations best practices based on Axon’s observations with other agencies • Discuss the importance of entering metadata in the field for organization purposes and other best practice for digital data management
• Provide referrals of other agencies using the Axon camera devices and Axon Evidence • Recommend rollout plan based on review of shift schedules System Admin and troubleshooting training sessions
Step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon instructor training (Train the Trainer)
Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training needs after Axon has fulfilled its contractual on-site obligations Evidence sharing training
Tailored workflow instruction for Investigative Units on sharing Cases and Evidence with local prosecuting agencies
End user go-live training and support sessions
• Assistance with device set up and configuration
• Training on device use, Axon Evidence, and Evidence Sync Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide
Post go-live review
3 Body-Worn Camera Starter Service (BWC Starter). BWC Starter includes advance remote project planning and configuration support and one day of on-site Services and a professional services manager to work closely with Agency to assess Agency’s deployment and determine which Services are appropriate. If Agency requires more than 1 day of on-site Services, Agency must purchase additional on-site Services. The BWC Starter options include:
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System set up and configuration (Remote Support)
• Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories & custom roles based on Agency need • Troubleshoot IT issues with Axon Evidence and Axon Dock (“Dock”) access Dock configuration
• Work with Agency to decide the ideal location of Dock setup and set configurations on Dock • Authenticate Dock with Axon Evidence using “Administrator” credentials from Agency • Does not include physical mounting of docks
Axon instructor training (Train the Trainer)
Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations End user go-live training and support sessions
• Assistance with device set up and configuration
• Training on device use, Axon Evidence, and Evidence Sync Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide
4 Body-Worn Camera Virtual 1-Day Service (BWC Virtual). BWC Virtual includes all items in the BWC Starter Service Package, except one day of on-site services. 5 CEW Services Packages. CEW Services Packages are detailed below:
System set up and configuration
• Configure Axon Evidence categories & custom roles based on Agency need. • Troubleshoot IT issues with Axon Evidence.
• Register users and assign roles in Axon Evidence.
• For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included Dedicated Project Manager
Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager).
Ideally, Project Manager will be assigned to Agency 4–6 weeks before rollout Best practice implementation planning session to include:
• Provide considerations for the establishment of CEW policy and system operations best practices based on Axon’s observations with other agencies • Discuss the importance of entering metadata and best practices for digital data management • Provide referrals to other agencies using TASER CEWs and Axon Evidence • For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included System Admin and troubleshooting training sessions
On-site sessions providing a step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon Evidence Instructor training
• Provide training on the Axon Evidence to educate instructors who can support Agency’s subsequent Axon Evidence training needs.
• For the CEW Full Service Package: Training for up to 3 individuals at Agency • For the CEW Starter Package: Training for up to 1 individual at Agency
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TASER CEW inspection and device assignment
Axon’s on-site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence.
Post go-live review
For the CEW Full Service Package: On-site assistance included.
For the CEW Starter Package: Virtual assistance included. 6 Smart Weapon Transition Service. The Smart Weapon Transition Service includes:
Archival of CEW Firing Logs
Axon’s on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Smart Weapons that Agency is replacing with newer Smart Weapon models.
Return of Old Weapons
Axon’s on-site professional service team will ship all old weapons back to Axon’s headquarters.
Axon will provide Agency with a Certificate of Destruction *Note: CEW Full Service packages for TASER 7 include Smart Weapon Transition Service instead of 1- Day Device Specific Instructor Course.
7 Signal Sidearm Installation Service. If Agency purchases Signal Sidearm Installation Service, Axon will provide one day of on-site Services and one professional services manager and will cover the installation of up 100 Signal Sidearm devices per package purchased. Agency is responsible for providing an appropriate work area and ensuring all holsters that will have Signal Sidearm installed onto them are available on the agreed-upon installation date(s). Installation includes:
Removal of existing connection screws that affix a holster to a holster mount Proper placement of the Signal Sidearm Mounting Plate between the holster and the mount Reattachment of the holster to the mount using appropriate screws Functional testing of Signal Sidearm device
8 Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote and this Appendix. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule.
9 Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Agency travel time by Axon personnel to Agency premises as work hours. 10 Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant Agency computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. 11 Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Axon Devices (“User Documentation”). User Documentation will include all required environmental specifications for the professional Services and Axon Devices to operate per the Axon Device User Documentation. Before installation of Axon Devices (whether performed by Agency or Axon), Agency must prepare the location(s) where Axon Devices are to be installed (“Installation Site”) per the environmental specifications in the Axon Device User Documentation.
Following installation, Agency must maintain the Installation Site per the environmental specifications. If Axon modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will provide the update to Agency when Axon generally releases it
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12 Acceptance. When Axon completes professional Services, Axon will present an acceptance form (“Acceptance Form”) to Agency. Agency will sign the Acceptance Form acknowledging completion. If Agency reasonably believes Axon did not complete the professional Services in substantial conformance with this Agreement, Agency must notify Axon in writing of the specific reasons for rejection within 7 calendar days from delivery of the Acceptance Form. Axon will address the issues and re-present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within 7 calendar days of delivery of the Acceptance Form, Axon will deem Agency to have accepted the professional Services.
13 Agency Network. For work performed by Axon transiting or making use of Agency’s network, Agency is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Agency’s network from any cause.
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Technology Assurance Plan Appendix
If Technology Assurance Plan (“TAP”) or a bundle including TAP is on the Quote, this appendix applies. 1 TAP Warranty. The TAP warranty is an extended warranty that starts at the end of the 1-year Hardware Limited Warranty.
2 Officer Safety Plan. If Agency purchases an Officer Safety Plan (“OSP”), Agency will receive the deliverables detailed in the Quote. Agency must accept delivery of the TASER CEW and accessories as soon as available from Axon.
3 OSP 7 Term. OSP 7 begins after Axon ships the Axon Body 3 or TASER 7 hardware to Agency. If Axon ships in the first half of the month, OSP 7 starts the 1st of the following month. If Axon ships in the second half of the month, OSP 7 starts the 15th of the following month (“OSP 7 Term”). 4 TAP BWC Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will provide Agency a new Axon body-worn camera (“BWC Upgrade”) as scheduled in the Quote.
If Agency purchased TAP Axon will provide a BWC Upgrade that is the same or like Axon Device, at Axon’s option. Axon makes no guarantee the BWC Upgrade will utilize the same accessories or Axon Dock.
5 TAP Dock Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will provide Agency a new Axon Dock as scheduled in the Quote (“Dock Upgrade”). Accessories associated with any Dock Upgrades are subject to change at Axon discretion. Dock Upgrades will only include a new Axon Dock bay configuration unless a new Axon Dock core is required for BWC compatibility. If Agency originally purchased a single-bay Axon Dock, the Dock Upgrade will be a single-bay Axon Dock model that is the same or like Axon Device, at Axon’s option. If Agency originally purchased a multi-bay Axon Dock, the Dock Upgrade will be a multi-bay Axon Dock that is the same or like Axon Device, at Axon’s option.
6 Upgrade Delay. Axon may ship the BWC and Dock Upgrades as scheduled in the Quote without prior confirmation from Agency unless the Parties agree in writing otherwise at least 90 days in advance. Axon may ship the final BWC and Dock Upgrade as scheduled in the Quote 60 days before the end of the Subscription Term without prior confirmation from Agency. 7 Upgrade Change. If Agency wants to change Axon Device models for the offered BWC or Dock Upgrade, Agency must pay the price difference between the MSRP for the offered BWC or Dock Upgrade and the MSRP for the model desired. If the model Agency desires has an MSRP less than the MSRP of the offered BWC Upgrade or Dock Upgrade, Axon will not provide a refund. The MSRP is the MSRP in effect at the time of the upgrade.
8 Return of Original Axon Device. Within 30 days of receiving a BWC or Dock Upgrade, Agency must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon including serial numbers for the destroyed Axon Devices. If Agency does not return or destroy the Axon Devices, Axon will deactivate the serial numbers for the Axon Devices received by Agency.
9 Termination. If Agency’s payment for TAP, OSP, or Axon Evidence is more than 30 days past due, Axon may terminate TAP or OSP. Once TAP or OSP terminates for any reason:
9.1 TAP and OSP coverage terminate as of the date of termination and no refunds will be given.
9.2 Axon will not and has no obligation to provide the Upgrade Models.
9.3 Agency must make any missed payments due to the termination before Agency may purchase any future TAP or OSP.
DocuSign Envelope ID: 73005D5E-B427-4EBF-8072-F74CA442F353 Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 13.0
Release Date: 3/31/2021 Page 17 of 19
Master Services and Purchasing Agreement
Axon Fleet Appendix
1 Agency Responsibilities. Agency must ensure its infrastructure and vehicles adhere to the minimum requirements to operate Axon Fleet 2 or Axon Fleet 3 (collectively, “Axon Fleet”) as established by Axon during the qualifier call and on-site assessment at Agency and in any technical qualifying questions. If Agency’s representations are inaccurate, the Quote is subject to change. 2 Cradlepoint. If Agency purchases Cradlepoint Enterprise Cloud Manager, Agency will comply with Cradlepoint’s end user license agreement. The term of the Cradlepoint license may differ from the Axon Evidence Subscription. If Agency requires Cradlepoint support, Agency will contact Cradlepoint directly.
3 Third-party Installer. Axon will not be liable for the failure of Axon Fleet hardware to operate per specifications if such failure results from installation not performed by, or as directed by Axon. 4 Wireless Offload Server.
4.1 License Grant. Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual license to use Wireless Offload Server (“WOS”). “Use” means storing, loading, installing, or executing WOS solely for data communication with Axon Devices for the number of licenses purchased. The WOS term begins upon the start of the Axon Evidence Subscription.
4.2 Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of WOS; (b) reverse engineer, disassemble, or decompile WOS, apply any process to derive the source code of WOS, or allow others to do so; (c) access or use WOS to avoid incurring fees or exceeding usage limits; (d) copy WOS in whole or part; (e) use trade secret information contained in WOS; (f) resell, rent, loan or sublicense WOS; (g) access WOS to build a competitive device or service or copy any features, functions or graphics of WOS; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within WOS.
4.3 Updates. If Agency purchases WOS maintenance, Axon will make updates and error corrections to WOS (“WOS Updates”) available electronically via the Internet or media as determined by Axon. Agency is responsible for establishing and maintaining adequate Internet access to receive WOS Updates and maintaining computer equipment necessary for use of WOS. The Quote will detail the maintenance term.
4.4 WOS Support. Upon request by Axon, Agency will provide Axon with access to Agency’s store and forward servers solely for troubleshooting and maintenance. 5 Axon Vehicle Software.
5.1 License Grant. Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual license to use ViewXL or Dashboard (collectively, “Axon Vehicle Software”.) “Use” means storing, loading, installing, or executing Axon Vehicle Software solely for data communication with Axon Devices. The Axon Vehicle Software term begins upon the start of the Axon Evidence Subscription.
5.2 Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of Axon Vehicle Software; (b) reverse engineer, disassemble, or decompile Axon Vehicle Software, apply any process to derive the source code of Axon Vehicle Software, or allow others to do so; (c) access or use Axon Vehicle Software to avoid incurring fees or exceeding usage limits; (d) copy Axon Vehicle Software in whole or part; (e) use trade secret information contained in Axon Vehicle Software; (f) resell, rent, loan or sublicense Axon Vehicle Software; (g) access Axon Vehicle Software to build a competitive device or service or copy any features, functions or graphics of Axon Vehicle Software; or (h)
DocuSign Envelope ID: 73005D5E-B427-4EBF-8072-F74CA442F353 Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 13.0
Release Date: 3/31/2021 Page 18 of 19
Master Services and Purchasing Agreement
remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Axon Vehicle Software. 6 Axon Fleet Upgrade. If Agency has no outstanding payment obligations and has purchased the “Fleet Technology Assurance Plan” (Fleet TAP), Axon will provide Agency with the same or like model of Fleet hardware (“Fleet Upgrade”) as schedule on the Quote.
If Agency would like to change models for the Axon Fleet Upgrade, Agency must pay the difference between the MSRP for the offered Axon Fleet Upgrade and the MSRP for the model desired. The MSRP is the MSRP in effect at the time of the upgrade. Agency is responsible for the removal of previously installed hardware and installation of the Axon Fleet Upgrade.
Within 30 days of receiving the Axon Fleet Upgrade, Agency must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon, including serial numbers of the destroyed Axon Devices. If Agency does not destroy or return the Axon Devices to Axon, Axon will deactivate the serial numbers for the Axon Devices received by Agency. 7 Privacy. Axon will not disclose Agency Content or any information about Agency except as compelled by a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure request is received for Agency Content, so Agency may file an objection with the court or administrative body.
8 Axon Fleet Termination. Axon may terminate Agency’s Fleet subscription for non-payment. Upon any termination:
8.1 Axon Fleet subscription coverage terminates, and no refunds will be given.
8.2 Axon will not and has no obligation to provide the Axon Fleet Upgrade.
8.3 Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future Fleet TAP.
DocuSign Envelope ID: 73005D5E-B427-4EBF-8072-F74CA442F353 Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 13.0
Release Date: 3/31/2021 Page 19 of 19
Master Services and Purchasing Agreement
Axon Respond Appendix
This Axon Respond Appendix applies to both Axon Respond and Axon Respond Plus. 1 Axon Respond Subscription Term. If Agency purchases Axon Respond as part of a bundled offering, the Axon Respond subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Respond to Agency.
If Agency purchases Axon Respond as a standalone, the Axon Respond subscription begins the later of the (1) date Axon provisions Axon Respond to Agency, or (2) first day of the month following the Effective Date.
The Axon Respond subscription term will end upon the completion of the Axon Evidence Subscription associated with Axon Respond.
2 Scope of Axon Respond. The scope of Axon Respond is to assist Agency with real-time situational awareness during critical incidents to improve officer safety, effectiveness, and awareness. In the event Agency uses Axon Respond outside this scope, Axon may initiate goodfaith discussions with Agency on upgrading Agency’s Axon Respond to better meet Agency’s needs.
3 Axon Body 3 LTE Requirements. Axon Respond is only available and usable with an LTE enabled body-worn camera. Axon is not liable if Agency utilizes the LTE device outside of the coverage area or if the LTE carrier is unavailable. LTE coverage is only available in the United States, including any U.S. territories. Axon may utilize a carrier of Axon’s choice to provide LTE service. Axon may change LTE carriers during the Term without Agency’s consent. 4 Axon Fleet 3 LTE Requirements. Axon Respond is only available and usable with a Fleet 3 system configured with LTE modem and service. Agency is responsible for providing LTE service for the modem. Coverage and availability of LTE service is subject to Agency’s LTE carrier. 5 Axon Respond Service Limitations. Agency acknowledges that LTE service is made available only within the operating range of the networks. Service may be temporarily refused, interrupted, or limited because of: (a) facilities limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage in a service area and other causes reasonably outside of the carrier’s control such as intentional or negligent acts of third parties that damage or impair the network or disrupt service; or (c) equipment modifications, upgrades, relocations, repairs, and other similar activities necessary for the proper or improved operation of service.
With regard to Axon Body 3, Partner networks are made available as-is and the carrier makes no warranties or representations as to the availability or quality of roaming service provided by carrier partners, and the carrier will not be liable in any capacity for any errors, outages, or failures of carrier partner networks. Agency expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and Agency is not a third-party beneficiary of any agreement between Axon and the underlying carrier.
6 Termination. Upon termination of this Agreement, or if Agency stops paying for Axon Respond or bundles that include Axon Respond, Axon will end Aware services, including any Axon-provided LTE service.
1 Q-352597-44509.920KP
Q-352597-44509.920KP
Issued: 11/09/2021
Quote Expiration: 12/15/2021
EST Contract Start Date: 01/01/2022
Account Number: 112321
Payment Terms: N30
Delivery Method: Fedex - Ground
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Business;Delivery;Invoice-215 Union St Watsonville Police Dept. - CA Kyle Panasewicz 215 Union St 215 Union St Phone: +1 4803294734 Phone: (831) 768-3379 Watsonville, CA 95076-5009 Watsonville, CA 95076-5009 Email: [email protected] Email:
[email protected]
USA USA Fax: (480) 905-2071 Fax:
Email:
Program Length 60 Months Bundle Savings $41,751.99
TOTAL COST $286,829.46 Additional Savings $28,454.39
ESTIMATED TOTAL W/ TAX $300,672.25 TOTAL SAVINGS $70,206.38
PAYMENT PLAN
PLAN NAME INVOICE DATE TAX AMOUNT AMOUNT DUE
Year 1 Dec, 2021 $2,643.97 $60,009.86
Year 2 Dec, 2022 $2,643.97 $60,009.86
Year 3 Dec, 2023 $2,643.97 $60,009.86
Year 4 Dec, 2024 $2,643.97 $60,009.86
Year 5 Dec, 2025 $2,643.97 $60,009.86
Axon Enterprise, Inc.
17800 N 85th St.
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
2 Q-352597-44509.920KP
Quote Details
Bundle Summary
Item Description QTY
DynamicBundle Dynamic Bundle 2
Fleet3A Fleet 3 Advanced 24
Fleet3A Fleet 3 Advanced 1
Bundle: Fleet 3 Advanced Quantity: 24 Start: 1/1/2022 End: 12/31/2026 Total: 271065.61 USD Category Item Description QTY
Storage 80410 FLEET, EVIDENCE LICENSE, 1 CAMERA STORAGE, LICENSE 48 E.com License 80400 FLEET, VEHICLE LICENSE, LICENSE 24
ALPR License 80401 FLEET 3, ALPR LICENSE, 1 CAMERA, LICENSE 24 Respond License 80402 RESPOND DEVICE LICENSE - FLEET 3 - LICENSE 24 Camera Kit & Warranty 72036 FLEET 3 STANDARD 2 CAMERA KIT 24 Vehicle Installation 73391 FLEET 3 NEW INSTALLATION (PER VEHICLE) 24 Camera Refresh 72040 FLEET REFRESH, 2 CAMERA KIT 24
Axon Signal Unit 70112 AXON SIGNAL UNIT 24
Cable Assembly 70117 AXON SIGNAL UNIT, CABLE ASSEMBLY 24 Other 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 24
Other 80379 EXT WARRANTY, FLEET 2 SIGNAL UNIT 24
Bundle: Fleet 3 Advanced Quantity: 1 Start: 1/1/2022 End: 12/31/2026 Total: 12480.01 USD Category Item Description QTY
Storage 80410 FLEET, EVIDENCE LICENSE, 1 CAMERA STORAGE, LICENSE 2 E.com License 80400 FLEET, VEHICLE LICENSE, LICENSE 1
ALPR License 80401 FLEET 3, ALPR LICENSE, 1 CAMERA, LICENSE 1 Respond License 80402 RESPOND DEVICE LICENSE - FLEET 3 - LICENSE 1 Camera Kit & Warranty 72036 FLEET 3 STANDARD 2 CAMERA KIT 1 Vehicle Installation 73391 FLEET 3 NEW INSTALLATION (PER VEHICLE) 1 Camera Refresh 72040 FLEET REFRESH, 2 CAMERA KIT 1
Axon Signal Unit 70112 AXON SIGNAL UNIT 1
Cable Assembly 70117 AXON SIGNAL UNIT, CABLE ASSEMBLY 1
3 Q-352597-44509.920KP
Other 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 1
Other 80379 EXT WARRANTY, FLEET 2 SIGNAL UNIT 1
Bundle: Dynamic Bundle Quantity: 2 Start: 1/1/2022 End: 12/31/2026 Total: 3283.84 USD Category Item Description QTY
Other 72002 FLEET 3 INTERIOR CAMERA, INTERIOR MOUNT 2
Other 72037 FLEET 3 INTERIOR CAMERA 2
Other 80410 FLEET, EVIDENCE LICENSE, 1 CAMERA STORAGE, LICENSE 2 Other 80385 EXT WARRANTY, FLEET 3, INTERIOR CAMERA 2
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.
4 Q-352597-44509.920KP
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.
5 Q-352597-44509.920KP
\s1\ \d1\
Signature Date Signed
11/9/2021
1 FLEET STATEMENT OF WORK BETWEEN AXON ENTERPRISE AND AGENCY Introduction
This Statement of Work (“SOW”) has been made and entered into by and between Axon Enterprise, Inc. (“AXON”), and Watsonville Police Dept. - CA the (“AGENCY”) for the purchase of the Axon Fleet in-car video solution (“FLEET”) and its supporting information, services and training. (AXON Technical Project Manager/The AXON installer)
Purpose and Intent
AGENCY states, and AXON understands and agrees, that Agency’s purpose and intent for entering into this SOW is for the AGENCY to obtain from AXON deliverables, which used solely in conjunction with AGENCY’s existing systems and equipment, which AGENCY specifically agrees to purchase or provide pursuant to the terms of this SOW.
This SOW contains the entire agreement between the parties. There are no promises, agreements, conditions, inducements, warranties or understandings, written or oral, expressed or implied, between the parties, other than as set forth or referenced in the SOW.
Acceptance
Upon completion of the services outlined in this SOW, AGENCY will be provided a professional services acceptance form (“Acceptance Form”). AGENCY will sign the Acceptance Form acknowledging that services have been completed in substantial conformance with this SOW and the Agreement. If AGENCY reasonably believes AXON did not complete the professional services in conformance with this SOW, AGENCY must notify AXON in writing of the specific reasons within seven (7) calendar days from delivery of the Acceptance Form. AXON will remedy the issues to conform with this SOW and re-present the Acceptance Form for signature. If AXON does not receive the signed Acceptance Form or written notification of the reasons for rejection within 7 calendar days of the delivery of the Acceptance Form, AGENCY will be deemed to have accepted the services in accordance to this SOW.
Force Majeure
2 Neither party hereto shall be liable for delays or failure to perform with respect to this SOW due to causes beyond the party’s reasonable control and not avoidable by diligence.
Schedule Change
Each party shall notify the other as soon as possible regarding any changes to agreed upon dates and times of Axon Fleet in-car Solution installation to be performed pursuant of this Statement of Work.
Axon Fleet Deliverables
Typically, within (30) days of receiving this fully executed SOW, an AXON Technical Project Manager will deliver to AGENCY’s primary point of contact via electronic media, controlled documentation, guides, instructions and videos followed by available dates for the initial project review and customer readiness validation. Unless otherwise agreed upon by AXON, AGENCY may print and reproduce said documents for use by its employees only.
Security Clearance and Access
Upon AGENCY’s request, AXON will provide the AGENCY a list of AXON employees, agents, installers or representatives which require access to the AGENCY’s facilities in order to perform Work pursuant of this Statement of Work. AXON will ensure that each employee, agent or representative has been informed or and consented to a criminal background investigation by AGENCY for the purposes of being allowed access to AGENCY‘s facilities. AGENCY is responsible for providing AXON with all required instructions and documentation accompanying the security background check’s requirements.
Training
AXON will provide training applicable to Axon Evidence, Cradlepoint NetCloud Manager and Axon Fleet application in a train-the-trainer style method unless otherwise agreed upon between the AGENCY and AXON.
Local Computer
3 AGNECY is responsible for providing a mobile data computer (MDC) with the same software, hardware, and configuration that AGENCY personnel will use with the AXON system being installed. AGENCY is responsible for making certain that any and all security settings (port openings, firewall settings, antivirus software, virtual private network, routing, etc.) are made prior to the installation, configuration and testing of the aforementioned deliverables.
Network
AGENCY is responsible for making certain that any and all network(s) route traffic to appropriate endpoints and AXON is not liable for network breach, data interception, or loss of data due to misconfigured firewall settings or virus infection, except to the extent that such virus or infection is caused, in whole or in part, by defects in the deliverables.
Cradlepoint Router
When applicable, AGENCY must provide AXON Installers with temporary administrative access to Cradlepoint’s NetCloud Manager to the extent necessary to perform Work pursuant of this Statement of Work.
Evidence.com
AGENCY must provide AXON Installers with temporary administrative access to Axon Evidence.com to the extent necessary to perform Work pursuant of this SOW.
Wireless Upload System
If purchased by the AGENCY, on such dates and times mutually agreed upon by the parties, AXON will install and configure into AGENCY’s existing network a wireless network infrastructure as identified in the AGENCY’s binding quote based on conditions of the sale.
VEHICLE INSTALLATION
Preparedness
4 On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer less weapons and items of evidence.
Vehicle(s) will be deemed ‘out of service’ to the extent necessary to perform Work pursuant of this SOW.
Existing Mobile Video Camera System Removal
On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer which will remove from said vehicles all components of the existing mobile video camera system unless otherwise agreed upon by the AGENCY.
Major components will be salvaged by the AXON Installer for auction by the AGENCY. Wires and cables are not considered expendable and will not be salvaged. Salvaged components will be placed in a designated area by the AGENCY within close proximity of the vehicle in an accessible work space.
Prior to removing the existing mobile video camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle’s systems’ operation to identify and operate, documenting any existing component or system failures and in detail, identify which components of the existing mobile video camera system will be removed by the AXON Installer.
In-Car Hardware/Software Delivery and Installation
On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer, who will install and configure in each vehicle in accordance with the specifications detailed in the system’s installation manual and its relevant addendum(s). Applicable in-car hardware will be installed and configured as defined and validated by the AGENCY during the pre-deployment discovery process.
If a specified vehicle is unavailable on the date and time agreed upon by the parties, AGENCY will provide a similar vehicle for the installation process. Delays due to a vehicle, or substitute vehicle, not being available at agreed upon dates and times may results in additional fees to the AGENCY. If the AXON Installer determines that a vehicle is not properly prepared for installation (“Not Fleet Ready”), such as a battery not being properly charged or properly up-fit for in-service, field operations, the issue shall be reported immediately to the AGENCY for resolution and a date and time for the future installation shall be agreed upon by the parties.
5 Upon completion of installation and configuration, AXON will systematically test all installed and configured in-car hardware and software to ensure that ALL functions of the hardware and software are fully operational and that any deficiencies are corrected unless otherwise agreed upon by the AGENCY, installation, configuration, test and the correct of any deficiencies will be completed in each vehicle accepted for installation.
Prior to installing the Axon Fleet camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle’s existing systems’ operation to identify, document any existing component or vehicle systems’ failures. Prior to any vehicle up-fitting the AXON Installer will introduce the system’s components, basic functions, integrations and systems overview along with reference to AXON approved, AGENCY manuals, guides, portals and videos. It is both the responsibility of the AGENCY and the AXON Installer to agree on placement of each components, the antenna(s), integration recording trigger sources and customer preferred power, ground and ignition sources prior to permanent or temporary installation of an Axon Fleet camera solution in each vehicle type.
Agreed placement will be documented by the AXON Installer.
AXON welcomes up to 5 persons per system operation training session per day, and unless otherwise agreed upon by the AGENCY, the first vehicle will be used for an installation training demonstration. The second vehicle will be used for an assisted installation training demonstration. The installation training session is customary to any AXON Fleet installation service regardless of who performs the continued Axon Fleet system installations.
6 The customary training session does not ‘certify’ a non-AXON Installer, customer-employed Installer or customer 3rd party Installer, since the AXON Fleet products does not offer an Installer certification program. Any work performed by non-AXON Installer, customer-employed Installer or customer 3rd party Installer is not warrantied by AXON, and AXON is not liable for any damage to the vehicle and its existing systems and AXON Fleet hardware.
1 Reso No. (CM)
C:\Program Files\eSCRIBE\TEMP\2123592438\2123592438,,,Resolution - Appointing Members to Committees 2022 .docx bvf 1/20/2022 9:02:36 PM
RESOLUTION NO. (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPOINTING MEMBERS TO COMMITTEES FOR THE
CALENDAR YEAR 2022
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
That members of the City Council of the City of Watsonville are hereby appointed to the following committees for the calendar year 2022:
COMMITTEE MEMBER ALTERNATE
Area Agency on Aging of Santa
Cruz and San Benito Counties
Advisory Council
Lowell Hurst Ari Parker
Arts Council of Santa Cruz
County
Rebecca J. Garcia
Association of Monterey
Bay Area Governments
Eduardo Montesino Lowell Hurst
Community Action Board of
Santa Cruz County, Inc.
Vanessa Quiroz-Carter
Criminal Justice Council of
Santa Cruz County Joint
Powers Authority Board of
Directors
Ari Parker
Tamara Vides
Francisco Estrada
Santa Cruz Libraries Facilities
Financing Authority
Lowell Hurst
Central Coast Community
Energy Joint Powers Authority
Policy Board of Directors
Vanessa Quiroz-Carter Francisco Estrada
Pajaro Valley Arts Council Vanessa Quiroz-Carter
Pájaro Valley Prevention and
Student Assistance ProgramBoard of Directors
Jimmy Dutra Francisco Estrada
2 Reso No. (CM)
C:\Program Files\eSCRIBE\TEMP\2123592438\2123592438,,,Resolution - Appointing Members to Committees 2022 .docx bvf 1/20/2022 9:02:36 PM
COMMITTEE MEMBER ALTERNATE
Santa Cruz County Regional
Transportation Commission
Eduardo Montesino Lowell Hurst
Integrated Waste Management
Local Task Force
Tami Stolzenthaler Lowell Hurst
Ray Martin
Transportation Agency of
Monterey County (TAMC)
Eduardo Montesino
(exofficio member)
Zone 7 Board of Directors
County of Santa Cruz Flood
Control and Water Conservation
District
Dr. Nancy A. Bilicich Ari Parker
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1 Reso No. (CM)
Rescinds Resolution No. 136-18 (CM)
Meeting Date 012522
RESOLUTION NO. __________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE
APPOINTING CITY MANAGER PRO TEMPORE TAMARA VIDES AS
MEMBER TO THE OPERATIONS BOARD OF DIRECTORS FOR CENTRAL
COAST COMMUNITY ENERGY FORMERLY KNOWN AS MONTEREY BAY
COMMUNITY POWER AND APPOINTING ENVIRONMENTAL
SUSTAINABILITY MANAGER JACKIE MCLOUD AS ALTERNATE
WHEREAS, on or about February 28, 2017, the City Council adopted Resolution No. 36-17 (CM) approving the Joint Exercise of Powers Agreement establishing the Monterey Bay Community Power Authority and approving the City of Watsonville as a founding member of the Authority; and
WHEREAS, on September 8, 2020, Monterey Bay Community Power announced its new name to Central Coast Community Energy (3CE); and WHEREAS, the governing bodies of the Authority consists of a Policy Board of Directors (“Policy Board”) composed of elected officials and an Operations Board of Directors (“Operations Board”); composed of County Administrative Officer of a County or senior executive/City Manager from a municipality; and WHEREAS, if at any time a vacancy occurs on the Board, a replacement shall be appointed to fill the position of the previous Director within 90 days of the date that such position becomes vacant; and each Director shall serve at the pleasure of the governing board of the Party who appointed such Director pursuant to Section 3.1.1 of Article 3:
Governance and Internal Organization of the Joint Exercise of Powers Agreement; and WHEREAS, City Manager Huffaker resigned on December 31, 2021.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
2 Reso No. (CM)
Rescinds Resolution No. 136-18 (CM)
Meeting Date 012522
1. That City Manager Pro Tempore Tamara Vides is hereby appointed as member to the Operations Board of Directors for Central Coast Community Energy (3CE).
2. That Environmental Sustainability Manager Jackie McCloud is hereby appointed as alternate member to the Operations Board of Directors for Central Coast Community Energy (3CE).
3. That the Council hereby approves such appointments.
4. That the City Clerk is hereby directed to transmit a copy of this resolution to the Secretary of Central Coast Community Energy (3CE).
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