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2020 08 05 Staff Report
NOTICE AND CALL OF A SPECIAL VIRTUAL MEETING OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, August 5, 2020 at 5:00 PM. virtually. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: July 30, 2020. /V( P-- Manuel Lozano Mayor AFFIDAVIT OF POSTING I, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of August 5, 2020. Lourdes Morales, Chief Deputy City Clerk AGENDA BALDWIN PARK CITY COUNCIL SPECIAL VIRTUAL MEETING August 5, 2020 5:00 PM THE COUNCIL CHAMBER IS CLOSED TO THE PUBLIC IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS In accordance with the Governor's Declarations of Emergency for the State of California (executive Orders N-25-20 and N-29-20) and the Governor's Stay at Home Order (Executive Order N-33-20), the Baldwin Park City Council Meetings are being conducted via teleconference to limit in-person attendance. Audio Streaming will be available at: https://www.youtube.com/channel/UCFLZO dDFRiy59rhiDZ13Fp/featured?view as=subscriber http://baldwinpork.granicus.com/ViewPublisher.php?view id=10 HUB OF 9 H E V SAN GABRIEL `fir nQ ; VALLEY` ;; P 1'1,74p�7'ED JANQ Manuel Lozano - Mayor Paul C. Hernandez - Mayor Pro Tem Alejandra Avila - Council Member Jean M. Ayala - Council Member Monica Garcia - Council Member PLEASE TURN OFF ALL ELECTRONIC DEVICES PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the Se invita al publico a dirigirse al Concilio o City Council or any of its Agencies listed cualquiera otra de sus Agencias nombradas en on this agenda. In accordance with esta agenda. De acuerdo con el capitulo 39 del Chapter 39 of the Baldwin Park Codigo Municipal de la Ciudad de Baldwin Municipal Code, Speakers must address Park, los comentaros deben se dirigidos al the Council as a whole and refrain from Concilio como una sola entidad, y no ser making impertinent, slanderous, or impertinentes, difamatorios, o profanos, o profane remarks or disrupt the peace of interrumpir la paz de la reunion. the meeting. CITY COUNCIL SPECIAL VIRTUAL MEETING — 5:00 P.M. CALL TO ORDER: ROLL CALL: Council Members: Alejandra Avila, Jean M. Ayala, Monica Garcia, Mayor Pro Tern Paul C. Hernandez, and Mayor Manuel Lozano PUBLIC COMMUNICATIONS If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 5:00 PM to 6:00 PM on August 5, 2020 to comments@baldwini2ark.com. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. In order to provide all with an equal opportunity to voice their concerns, staff needs time to compile and sort speaker cards received. As such, we respectfully request that you email your information between the posting of this agenda and 3:00 PM on August 5, 2020. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume. OPEN SESSION/STUDY SESSION • New Affordable Senior Housing Development Proposed by the Retirement Housing Foundation 14513-19 Central Avenue By Director of Community & Development Services Benjamin Martinez RECESS TO CLOSED SESSION 1. Public Employment Pursuant to Government Code §54957: Position: Police Chief Recruitment 2. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6: Agency Designated Representative: Rebecca T. Green, Richards Watson Gershon, Shannon Yauchzee, Chief Executive Officer, and Laura Thomas, Human Resources/Risk Manager Employee Organizations: Baldwin Park City Employees Association (CEA) Baldwin Park Classified Confidential Employees Association (CCEA) Baldwin Park Classified Management Employees Association (CMEA) Baldwin Park Police Management Employees Association (PMEA) Baldwin Park Police Association (POA) Service Employee International Union (SEIU) 3. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: BP Tale Corp. v. Rukli, Inc. Case No. 19STCV41708 Case Name: Blanca Reynaga v. City of Baldwin Park Case No. 20stcv18054 Case Name: Florentino Sandoval v. City of Baldwin Park et al., Case No. stcv17053 Case Name: Herrera v. City of Baldwin Park Case No. 20STCV11521 4. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: 4150 Puente Avenue (CAN 17-06) Negotiating Parties: City of Baldwin Park and Shaun Bershatski, RUKLI, Inc. B. Property: 13111 Spring Street & 428 Cloverleaf Drive (CAN 17-07) Negotiating Parties: City of Baldwin Park and Ming Hong Huang, 428 Cloverleaf, LLC. C. Property: 5117 Calmview Avenue (CAN 17-08) Negotiating Parties: City of Baldwin Park and Victor Chevez and Helen Chau, Casa Verde Group D. Property: 13467 Dalewood Street (CAN 17-09) Negotiating Parties: City of Baldwin Park and Darrin Oganesian and Ryan Oganesian, RD Baldwin Park E. Property: 14837 & 14841 Ramona Boulevard (CAN 17-10) Negotiating Parties: City of Baldwin Park and Phil Reyes, and Alexis Reyes, Organic Management Solutions, LLC. F. Property: 5148 Bleecker Street (CAN 17-12) Negotiating Parties: City of Baldwin Park and Sergio Torres, Enrique Vega and Moses Acosta, Medical Grade Farms BP G. Property: 15023 Ramona Boulevard (CAN 17-13) Negotiating Parties: City of Baldwin Park and Shaun Szameit, Joshua Pierce and Kevin Huebner, Kultiv8 Group, LLC. H. Property: 4621 Littlejohn Street (CAN 17-15) Negotiating Parties: City of Baldwin Park and Teresa Tsai, GSC Capital Group I. Property: 5157 Azusa Canyon Road (CAN 17-17) Negotiating Parties: City of Baldwin Park and Mike Sandoval and Ed Barraza, Elite Green Cultivators J. Property: 5175 Commerce Drive (CAN 17-18) Negotiating Parties: City of Baldwin Park and Linda Thong, Pacific Cultivation, LLC. K. Property: 13450 Brooks Drive, Unit A & C (CAN 17-27) Negotiating Parties: City of Baldwin Park and Jonathan Yuan Kai Lee, Jefferson Liou, and Jerrell Austin Shepp, Cloud Control, Inc. L. Property: 4802 Littlejohn Street (CAN 17-28) Negotiating Parties: City of Baldwin Park and Marco Perez and Ren Yoneyama, VRD, Inc. M. Property: 13460 Brooks Drive (CAN 17-31) Negotiating Parties: City of Baldwin Park and Sigrid Lopez and Artern Karapetyan, Green Health Industries, LLC. N. Property: 1529 Virginia Avenue (CAN 18-01) Negotiating Parties: City of Baldwin Park and Erik Intermill, Esource LLC O. Property: 5018 Lante Street Negotiating Parties: City of Baldwin Park and Distinct Indulgence (Corporate Name Change Memo) P. Property: 14551 Joanbridge Street (CAN 17-02) Negotiating Parties: City of Baldwin Park and Baldwin Park Tale Corp. 5. Conference With Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Three (3) RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION 1, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park hereby that, certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of August 5, 2020. CO;utrdes Morales Chief Deputy City Clerk For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or e- mail ImoralesCa)baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE //) LLIJ BALDWIN PARK CITY COUNCIL REGULAR VIRTUAL MEETING August 5, 2020 7:00 PM THE COUNCIL CHAMBER IS CLOSED TO THE PUBLIC IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS In accordance with the Governor's Declarations of Emergency for the State of California (executive Orders N-25-20 and N-29-20) and the Governor's Stay at Home Order (Executive Order N-33-20), the Baldwin Park City Council Meetings are being conducted via teleconference to limit in-person attendance. Audio Streaming will be available at: https.//www.youtube.com/channeVUCFLZO dDFRiy59rhiDZ13Fp/featured?view as=subscriber http,/Zboldwinpark.pranicus.com/ViewPublisher.php?view id=10 Manuel Lozano Paul C. Hernandez Alejandra Avila Jean M. Ayala Monica Garcia Mayor Mayor Pro Tem Council Member Council Member Council Member PLEASE TURN OFF ALL ELECTRONIC DEVICES DURING THE MEETING. PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the Se invita al publico a dirigirse al Concilio o City Council or any of its Agencies listed cualquier otra de sus Agencias nombradas en on this agenda on any matter posted on esta agenda, para hablar sobre cualquier the agenda or on any other matter within asunto publicado en la agenda o cualquier its jurisdiction. In accordance with tema que este bajo su jurisdiccion. De acuerdo Chapter 39 of the Baldwin Park con el capitulo 39 del Codigo Municipal de la Municipal Code, Speakers must address Ciudad de Baldwin Park, los comentaros deben the Council as a whole and refrain from se dirigidos al Concilio como una sola entidad, making impertinent, slanderous, or y no ser impertinentes, difamatorios, o profane remarks or disrupt the peace of profanos, o interrumpir la paz de la reunion. the meeting. CITY COUNCIL REGULAR VIRTUAL MEETING — 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Council Members: Alejandra Avila, Jean M. Ayala, Monica Garcia, Mayor Pro Tem Paul C. Hernandez and Mayor Manuel Lozano REPORT FROM CLOSED SESSION ANNOUNCEMENTS PROCLAMATIONS COMMENDATIONS & PRESENTATIONS • State Controller's Office Review Presentation by Chief Executive Officer, Shannon Yauchzee PUBLIC COMMUNICATIONS If you wish to comment, please email your name, City of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM to 8:00 PM on August 5, 2020 to commentsabaldwinpark.com. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. In order to provide all with an equal opportunity to voice their concerns, staff needs time to compile and sort speaker cards received. As such, we respectfully request that you email your information between the posting of this agenda and 5:00 PM on August 5, 2020. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume. CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. City of Baldwin Park's Warrants and Demands Staff recommends that the City Council ratify the attached Warrants and Demands Register. City Council Agenda Page 2 2. Request for Appropriation of Funds for Police and Public Works Departments Radio Systems Project Close -Out It is recommended that the City Council: 1. Authorize the Director of Finance to appropriate $187,958 from Gas Tax (Fund 240), $126,210 from Police Department Traffic Safety Fund (Fund 271) and $31,200 from Federal Asset Forfeiture Funds (Fund 205) for a total appropriation of $345.368 for project close-out and maintenance costs; and, 2. Authorize the Director of Finance to make necessary budget adjustments to allow payments as approved for FY 2020/2021. 3. Authorize the Chief of Police to work in conjunction with the Director of Public Works to process any necessary documents and outstanding invoices to complete and close-out the project. 3. Accept and Authorize the Filing of a Notice of Completion for City Project CIP No. 20-88 — Upgrades to the Existing Park Signs at Morgan Park and the Baldwin Park Teen Center It is recommended that the City Council: 1. Accept the construction improvements by Outdoor Dimensions LLC and authorize the recordation of a Notice of Completion; and 2. Authorize Staff to release retention funds upon the expiration of the 35 -day notice period. 3. Authorize the Finance Director to appropriate $217.07 to cover the remaining cost of the project. 4. California Choice Energy Authority Entering into a Long -Term Renewable Energy Contract Staff recommends that Council approve CalChoice entering into a long-term renewable energy contract with SPI on behalf of B -PROUD. 5. Consideration of Federal CARES Act Coronavirus Relief Fund Allocation to the City of Baldwin Park in the amount of $941,494 for expenditures related to COVID- 19 incurred between March 1, 2020 and December 30, 2020 Staff recommends that the City Council: 1. Direct staff to appropriate the $941,494 in CARES Act Relief Funds in the following manner: Senior Meals Program $150,000 Rental Assistance $300,000 Business Grants $300,000 City COVID-19 Expenditures $191,494 TOTAL $941,494 2. Direct staff to comply with State public health requirements, reporting and records retention. 3. Direct the Director of Finance to make adjustments to the FY 2020-21 budget and set up the account numbers to record all activities accordingly. City Council Agenda Page 3 PUBLIC HEARING 6. Conduct a Public Hearing and Consider Adoption of Resolution No. 2020-039, "A Resolution of the City Council of the City of Baldwin Park, California, Adopting the Amended Fee Schedule for Solid Waste Collection and Recycling Services, to Reflect Consumer Price Index (CPI) Increases for Fiscal Year 2020-2021 It is recommended that the City Council: 1. Hold a Public Hearing and consider all Public testimony and protests regarding the proposed increases in solid waste service fees; and 2. Adopt Resolution No. 2020-039 "A Resolution of the City Council of the City of Baldwin Park, California, Adopting the Amended Fee Schedule for Solid Waste Collection and Recycling Services to reflect Consumer Price Index (CPI) Increases for Fiscal Year 2020-2021." REPORTS OF OFFICERS 7. Consideration to Make an Appointment to Fill a Vacant City Clerk Seat It Is Recommended That the City Council discuss and take action on the possible appointment of a City Clerk. 8. Approve and Adopt Resolution No. 2020-040 Entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City"; and Review and Appoint Members to the City for the San Gabriel Valley Water Association, Independent Cities Lease Finance Authority, and the Foothill Transit Zone Staff recommends that the City Council rescind Resolution 2020-037 and complete the review and appointment of delegate and alternate to the San Gabriel Valley Water Association, Independent Cities Lease Finance Authority, and the Foothill Transit Zone in Resolution No. 2020-040, entitled: "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City". CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Request by Mayor Manuel Lozano for discussion and consideration: Mayor Manuel Lozano requests discussion and direction on SB292, which may likely raise insurance rates for Californians at a time when many cannot afford it and to oppose any provision in this bill that will allow insurance rates to increase at this time. Mayor Manuel Lozano requests discussion and direction on City of Baldwin Park Police Department jail cells. Request by Council Member Alejandra Avila for discussion and consideration: Council Member Avila requests discussion and direction regarding the COVID-19 cases in the City of Baldwin Park and the measures the City is taking to limit exposures. City Council Agenda Page 4 Request by Mayor Pro Tem Paul C. Hernandez for discussion and consideration: Mayor Pro Tem Hernandez requests discussion and direction to staff to prepare a letter of support to be signed by the Mayor and City Council for HR 7120: George Floyd Justice in Policing Act of 2020. CERTIFICATION I, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 30th day of July, 2020. 4 a, 4, f4 Lourdes Morales, Chief Deputy City Clerk For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at Imoralesabaldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda Page 5 ITEM NO. 1 TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance DATE: August 5, 2020 SUBJECT: City of Baldwin Park's Warrants and Demands SI IMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. FISCAL IMPACT The payroll for the last period was $468,042.30 and the attached General Warrants Register was $2,892,536.42 for a total amount of $3,360,578.72. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released: 1. The last payroll of the City of Baldwin Park consists of check numbers 200931 to 200937. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 22351 to 22566 for the period of June 28, 2020, through July 11, 2020, inclusive; these are presented and hereby ratified in the amount of $468,042.30. 2. General Warrants, with the bank drafts in the amount of $147,032.36 and checks from 229593 to 229877 in the amount of $2,745,504.06 for the period of July 7, 2020 to July 23, 2020, inclusive; in the total amount of $2,892,536.42 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. 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Honorable Mayor and Members of the City Council Robert Lopez, Chief of Police Sam Gutierrez, Director of Public Works August 5, 2020 SUBJECT: Request for Appropriation of Funds for Police and Public Works Departments Radio Systems Project Close -Out SUMMARY This report requests that the City Council approve an appropriation to cover final close-out cost for the purchase of new radio equipment and the updating of existing radio equipment for the Police and Public Works Departments. The newly purchased and upgraded equipment replaces unsupported and obsolete radio equipment with modern equipment compatible with sophisticated regional interoperable radio networks in the San Gabriel Valley and greater Los Angeles County area. RECOMMENDATION It is recommended that the City Council: 1. Authorize the Director of Finance to appropriate $187,958 from Gas Tax (Fund 240), $126,210 from Police Department Traffic Safety Fund (Fund 271) and $31,200 from Federal Asset Forfeiture Funds (Fund 205) for a total appropriation of $345.368 for project close-out and maintenance costs; and, 2. Authorize the Director of Finance to make necessary budget adjustments to allow payments as approved for FY 2020/2021. 3. Authorize the Chief of Police to work in conjunction with the Director of Public Works to process any necessary documents and outstanding invoices to complete and close-out the project. FISCAL IMPACT There will be no impact to the General Fund. This project was approved in FY2017-18 and authorized appropriations from Federal Asset Forfeiture Funds, State Asset Forfeiture Funds and Police Department Traffic Safety Funds. The approval also appropriated Gas Tax Funds for Public Works Department radios. Althought the funds were approved by the City Council in the FY 2017-2018 Capital Improvement Program (CIP), the funds were not carried over in subsequent CIP years. Therefore a re - appropriation of funds is required in order to complete the final payment for the project. The following table shows the requested appropriations for FY2020-21: Appropriate Fund 240 — Acct. # 240-50-520-58110-13020 $187,958 Fund 271 — Acct. # 271-30-350-58110-13020 $126,210 Fund 205 — Acct. # 205-30-340-51101-13020 $31200 Total Appropriation $345,368 BACKGROUND On August 2, 2017 the City Council approved the FY2017-18 Capital Improvement Program which included approval of funding for the replacement and upgrades to the the Police and Public Works Department's radio systems. On November 15, 2017 the City Council approved the purchase and authorized the Chief of Police and Director of Public Works to complete the purchase of the radios from Motorola Solutions Inc, as a sole source vendor. The approval also authorized membership in the East San Gabriel Valley Regional Communications Network ("ComNet."). The ComNet network supports interoperability among first responder agencies to facilitate coordinated responses to large-scale or multi -jurisdictional events. Members include Azusa PD, Covina PD, Glendora PD, Irwindale PD, La Verne PD, and West Covina PD and all members self -govern the network collectively as a Joint Powers Authority ("JPA.") Maintenance of the system will be provided during the warranty period by BearCom, which is the only local service provider authorized by Motorola to provide this service to Baldwin Park during the one- year warranty term. Following the expiration of the warranty term the cost for maintenance service will be $2,600.00 per month. This cost will be absorbed into existing Police and Public Works Departments budgets in the appropriate fiscal year. ALTERNATIVES None LEGAL REVIEW None Required ATTAC H M E NTS 1. Staff Report dated November 15, 2017 STAFF REPORT ITEM NO. 1) TO: Honorable Mayor and City Cou c' members FROM: Michael Taylor, Chief of Police Cod DATE: November 15, 2017 SUBJECT: REQUEST FOR APPROVAL OF UPDATES TO POLICE AND PUBLIC WORKS DEPARTMENTS RADIO SYSTEMS SUMMARY This report requests that the City Council approve the purchase of new radio equipment and the updating of existing radio equipment. It further seeks Council approval for the Police and Public Works Departments to enter into a formal joint membership agreement with the East San Gabriel Valley Regional Communications Network Joint Powers Authority and payment of related membership fees. FISCAL IMPACT There will be no impact to the General Fund. This project is eligible for the Police Department to utilize Federal Asset Forfeiture Funds (fund #205) and State Asset Forfeiture Funds (fund #206). The project is also eligible for the Public Works Department to utilize Gas Tax Funds (fund #240). Further funding will come from the Police Department Traffic Safety Fund (fund #271). 50% of the total cost will be paid at the beginning of this project and 50% will be paid approximately 24 months later. There will be no finance charges accrued in the interim. Future annual costs for membership in the Joint Powers Authority will be absorbed by existing Police and Public Works Departments budgets. The project is expected to take several months to complete and it is projected that the new radios will not be ready for use on the new network through the end of the 2017-18 fiscal year. RECOMMENDATION Staff recommends City Council approval to: 1. Waive the formal bidding process for the purchase of new radio equipment pursuant to §34.23 (B) of the Baldwin Park Municipal Code, 2. Authorize the Police Department to work in conjunction with the Public Works Department to purchase the new equipment, 3. Authorize the Finance Director to complete a budget amendment for amounts not to exceed the following: A. $214,579.00 from account #240.50.520.58110.13020, B. $200,000.00 from account #206.30.340.58110.00000, C. $150,000.00 from account #271.30.350.58110.13020, D. $79,157.00 from account #205.30.340.58110.13020, E. $24,000.00 from account #205.30.340.51101.13020, F. $12,000.00 from account #240.50.520.51101.13020, and designate $679,736.00 for the restricted purchase and installation of new radio equipment, the upgrading of existing radio equipment, and Joint Powers Authority membership costs, and, 4. Authorize the Chief of Police and Director of Public Works, or their designees, to complete all appropriate documentation to complete the purchase of new equipment, the upgrading of existing equipment, and Joint Powers Authority membership documentation and fee payment. Request for Updates to Police and Public Works Departments Radio Systems November 15, 2017 Paee 2 BACKGROUND This project seeks to modernize the radio systems used by the Police and Public Works Departments through four means. First, the project seeks to purchase five new radio consoles for the Police Department Communications Center at a purchase price of $547,090.00. Second, the project seeks to perform software upgrades which are required for this project to existing Police Department field radios at a service cost of $7,750.00. Third, it seeks to purchase and install new field radios and related equipment for Public Works at a cost of $88,897.00. Fourth, the project seeks Council approval to join our area's regionalized communications network already in place as a joint member of its governing board and payment of related membership fees at an annual rate currently set at $36,000.00 for FY 2017-18. The existing Public Works radio system is based on one pair of City -owned radio frequencies which produce a single talk channel. The system's main control unit is housed in the Police Department Communications Center server room. According to the Police Department's radio equipment service provider, this system is decades obsolete and no repair parts are available for it from any source. It is likely original to the City Hall building. It is the only unit of its kind known to our service provider to still be operating. It could fail at any time and cannot be repaired. Field radios are rarely relied upon given their limited effective range. The Police Department radio system is based on two City -owned pairs of radio frequencies which produce two talk channels. The system's main control units are housed in the Police Department Communications Center server room. The control unit for one frequency pair is past end -of -life and is no longer supported by the manufacturer. The control unit for the other frequency pair is obsolete. Replacement parts are only available as used parts from second-hand parts vendors. Related equipment ("repeaters") is positioned at several locations throughout the city and often fail and need to be repaired by our contracted service provider. Fortunately, Police Department field radios, both hand-held and vehicle -mounted, are still somewhat modern. They are no longer supported by their manufacturer but they remain serviceable by our service provider and replacement parts are available. They currently require only the updating of internal software in order to become functional within the desired regional communications network described below. A contemporary goal of all levels of government is to support interoperability among first responder agencies to facilitate coordinated responses to large-scale or multi jurisdictional events. Interoperable radio system networks already exist in the San Gabriel Valley and greater Los Angeles County area. Locally, Azusa PD, Covina PD, Glendora PD, Irwindale PD, La Verne PD, and West Covina PD all share an interoperable radio system network known as the East San Gabriel Valley Regional Communications Network ("ComNet.") The member agencies self -govern the network collectively as a Joint Powers Authority ("JPA.") Within the ComNet network all member agencies are able to easily communicate with one another in the event of an emergency. Their network was put to the test during an active shooter incident in Azusa twelve months ago to which many member agencies sent police officers to help. Baldwin Park PD also sent officers to help and saw first-hand how the ComNet system far outperformed the antiquated Mutual Aid radio system run by the Sheriffs Department and currently relied upon by Baldwin Park PD. While each of the six listed agencies are members of ComNet, the ComNet network itself is a member of a much larger interoperable communications network in place throughout Southern California called the Interagency Communications Interoperability System ("I.C.I.S.") In addition to the six ComNet member agencies, an additional 21 police and other public safety agencies are I.C.I.S. members and enjoy full radio interoperability with each other. I.C.I.S. and its counterpart western Los Angeles area regional network ("L.A. R.I.C.S.") have announced their intent to make both large-scale networks fully interoperable with each other, Request for Updates to Police and Public Works Departments Radio Systems November 15, 2017 Paize 3 which will give ComNet and I.C.I.S. members even greater interoperability with agencies throughout other parts of Los Angeles and Orange Counties, including L.A.P.D. and L.A.S.D., which are migrating to the L.A. R.I.C.S. network. The I.C.I.S. system provides for clear, seamless and uninterrupted communication from Palmdale to Newport, Yucaipa to Oxnard, and many other areas. Baldwin Park PD's current radio system is geographically limited and field units lose connectivity as nearby as Kellogg Hill in Covina. While Baldwin Park PD's current radio system is singular in its hardware platform, I.C.I.S.'s main control console is fully redundant with a mirrored site and is geographically diverse. I.C.I.S. and ComNet together provide several layers of redundancy which make the network hardened against attack or natural disaster, providing critical communications continuity to first responders to serve the citizens of Baldwin Park during such events. Baldwin Park's entry into ComNet JPA membership will also increase the safety of all residents of the entire Eastern San Gabriel Valley through growth of the network. The architecture of the radio system functionally multiplies the number of talking channels available for all member agencies. Baldwin Park's own communications capabilities will multiply from our existing two talk channels to six or eight or more talk channels, depending on our needs at any given time. Baldwin Park will at all rimes retain full ownership of the two frequency pairs owned by the City and in current use by the Police Department during the time that they are put to use within the ComNet system. The frequency pair owned by the City and in use by Public Works is not suitable for use in the ComNet network. Possible future uses for it are being explored. Usual purchasing practices in acquiring major equipment is by following formal bid procedures which are outlined in the Baldwin Park Municipal Code §34.23. This section also provides a mechanism to waive the bidding procedure under certain circumstances at §34.23 (B), "When the supplies and equipment needed can be obtained from one source only." Motorola Solutions, Inc., is a sole source vendor for this project. Ray Edey, the Executive Director of I.C.I.S., confirms that no other manufacturer's products will function properly within the ComNet and I.C.I.S. networks. BearCom Wireless is the only local service provider authorized by Motorola to install their products for Baldwin Park. Maintenance of the system will be provided during the warranty period by BearCom, which is the only local service provider authorized by Motorola to provide this service to Baldwin Park during the one-year warranty term. Following the expiration of the warranty term the cost for maintenance service will be $2,600.00 per month. This cost will be absorbed into existing Police and Public Works Departments budgets in the appropriate fiscal year. Should Council approve the requests made in this Staff Report, all five Police Department Communications Center work stations will be equipped with new radio consoles to provide ComNet compatibility. All existing police field radios will be upgraded to ComNet compatibility as well. This project will also provide new and modern portable radios for all Public Works vehicles for use in the ComNet system. Council approval will result in the Police Department joining the ComNet JPA as a full voting member of its governing board. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. Request for Updates to Police and Public Works Departments Radio Systems November 15, 2017 Paee 4 ALTERNATIVES City Council may direct staff to one of the following alternatives: 1. Approve the purchase of recommended equipment and membership into the ComNet JPA. 2. Direct that the Police and Public Works Departments work independently to update their own equipment and remain non -interoperable with current ComNet member cities, as they now are. 3. Direct that the Police and Public Works Departments continue to use their existing radio equipment. ATTACHMENTS 1. Motorola quote for five MCC7500 Communications Center consoles, related equipment, installation and training. 1 2. BearCom quote for 34 field radios and related vehicle chargers and equipment for Public Works. 3. BearCom quote for installation of 34 vehicle chargers for Public Works. 4. BearCom quote for 155 software upgrades for Police Department field radios. Attachment #1 Attachment #1 PROPOSAL CITY OF BALDWIN PARK POLICE DEPARTMENT MCC 7500 CONSOLES MOTOROLA SOLUTIONS TABLE OF CONTENTS MCC7500 Dispatch Console........................................................................................... 6 MCC 7500 Console Configuration for City of Baldwin Park Police Department................................................................................................................. 6 ConsoleConnectivity................................................................................................. 7 Embracing Interoperability and Integration.......................................................... 7 Integration with the ASTRO 25 Network............................................................. 8 Connection to ASTRO 25 System.......................................................................... 8 MakingConsoles Easy to Operate.......................................................................... 8 Customizable Dispatch Interface......................................................................... 8 AuxiliaryInputs/Outputs......................................................................................... 8 Standard Radio Transmission and Reception .................................................... 9 Emergency Radio Transmission and Reception ................................................. 10 RadioPatch Control................................................................................................ 10 Call Management and Control.............................................................................. 11 Protecting Consoles and Communications............................................................ 12 Secure Access to the Console.............................................................................. 12 Secure Communications at the Console............................................................. 12 Incorporating Console Configuration and Management ..................................... 12 MCC 7500 Dispatch Console Component Description ......................................... 12 Operator Position Components............................................................................. 13 Instant Recall Recorder Port (for Radio) ............................................................. 13 AdditionalEquipment................................................................................................ 13 Design Assumptions....................................................................... AcceptanceTest Plan............................................................................................... 17 Statementof Work..................................................................................................... 18 ProjectSchedule........................................................................................................ 25 TrainingDescription.................................................................................................. 26 Pricing................................................................................................................................. 30 Equipment and Services Summary......................................................................... 30 PaymentTerms........................................................................................................... 30 Contractual Documentation............................................................................................ 31 Communications System Agreement................................................................... 31 ExhibitA....................................................................................................................... 45 SOFTWARE LICENSE AGREEMENT........................................................................ 45 Section2 SCOPE............................................................................................. Section3 GRANT OF LICENSE..................................................................... Section 4 LIMITATIONS ON USE.................................................................. Section 5 OWNERSHIP AND TITLE............................................................. Section 6 LIMITED WARRANTY; DISCLAIMER OF WARRANTY ............ Section 8 TERM AND TERMINATION......................................................... Section 10 CONFIDENTIALITY....................................................................... Section 11 LIMITATION OF LIABILITY.......................................................... Section12 NOTICES........................................................................................ Section13 GENERAL....................................................................................... 46 47 47 48 49 50 50 50 51 51 MOTOROLA SOLUTIONS llJlllllllllllllllllllllllrrrrrrr,i,,,,,,,,,,,,,,,,.- ........,,,,,,,,,� „ �rrrrrrrlllllllll!lllllllllllllll The design, technical, pricing, and other information ("Information") furnished with this submission is proprietary information of Motorola Solutions, Inc. Motorola") and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola. MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are the trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. ® 2017 Motorola Solutions, Inc. All rights reserved. Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 4 o� SOLUTIONS August 11, 2017 Lt. Chris Hofford Baldwin Park Police Department 14403 E. Pacific Ave. Baldwin Park, California 91706 RE: Motorola Solutions MCC 7500 Consoles Dear Lt. Hofford, Motorola Solutions, Inc. (Motorola Solutions) appreciates the opportunity to provide the City of Baldwin Park Police Department quality communications equipment and services. Motorola Solutions' project team has taken great care to propose a solution to address your needs and provide exceptional value. Motorola Solution's proposal is conditional upon the City's acceptance of the terms and conditions contained in the Communications System Agreement (CSA) included in this proposal, or a negotiated version thereof. Pricing will remain valid until December 1, 2017. Any questions the City has regarding this proposal can be directed to Michael Bravo, Account Executive at (951) 277-2125, (mike.bravo@motorolasolutions.com). Our goal is to provide the City with the best products and services available in the communications industry. We thank you for the opportunity to present our proposed solution, and we hope to strengthen our relationship by implementing this project. Sincerely, Jerry Burch Area Sales Manager MOTOROLA SOLUTIONS, INC. ,,,,,,,,,,,, I ..........rrr,.,I,II,,.,,.,I,,,..,.,,,.,I,I,II...,,I., Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 5 M07Y7ROLA SOLUTIONS ll///llllllllll/ll/ll//llllr�rrrrrr,,,,,,,,,••......................,,,,rrrrr��l�lllllllll/llll///llllllll MCC 7500 DISPATCH CONSOLE Motorola Solutions, Inc. (Motorola Solutions) proposes our MCC 7500 dispatch console to provide City of Baldwin Park Police Department with seamless, IP -based connectivity, scalable and flexible system architecture, and communications security. Motorola Solutions designed its MCC 7500 console to help reduce the total cost of owning an IP -based, feature -rich dispatch system without compromising quality and reliability. With the MCC 7500 dispatch console, the City of Baldwin Park Police Department can expect sophisticated network management and an easy migration path to future capabilities. MCC 7500 CONSOLE CONFIGURATION FOR CITY OF BALDWIN PARK POLICE DEPARTMENT The proposed solution offers the City 5 MCC 7500 dispatch console[s] that will interface seamlessly with the City's ASTROO 25 system. 3-77 Figure 1: MCC 7500 Dispatch Console. The Console includes desktop PC, headset, speakers, display, keyboard, mouse, microphone, and Voice Processor Module The dispatch consoles will be located at Baldwin Park PO Dispatch Center. ..........,,.,,,,,,.,,, Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 6 MOTOROI./1 SOLUTIONS CONSOLE CONNECTIVITY The proposed MCC 7500 Dispatch consoles will connect into the ASTRO 25 master site at Glendale. A conceptual diagram of the proposed console connectivity has been provided in Figure 1-2. Ethernet Ethernet Console Site Link to LAN Switch Console Site Router' Master Site (WAN) . Figure 2 System connectivity for proposed solution. The solution will rely on Ethernet links provided by the City for backhaul connectivity. EMBRACING INTEROPERABILITY AND INTEGRATION Motorola Solutions has been an active participant in establishing P25 standards for interoperability, and the MCC 7500 console is a key component for the interoperability of Motorola Solutions' ASTRO 25 system. When a situation requires coordination between multiple agencies, the MCC 7500 dispatcher can patch together Mutual Aid radios and required subscribers on the ASTRO 25 system (see the figure titled "Mutual Aid Components"). Incident conversations are seamless from the moment of the patch initiation, and can be recorded like any talk group conversation within the Land Mobile Radio (LMR) network. The dispatcher can also take part in and monitor conversations for the duration of the incident, as necessary. MCC 7500 Dispatch Console ethernet ethe 'Noroo, ,0000 .0 go Mutual Aid Agency Radio Systems [00 � Mutual Aid Radios or Resources CCGW Figure 3: Mutual Aid Components — Mutual Aid agency radio systems connect to the ASTRO 25 network through the CCGW. ,,,,,,,,,,,---..... ...................... .,,...,,, ..,.,.,,,.,,.. Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 7 MOTOROLA SOLUTIONS Ill//llll!/lllllllllrrttrrriii�r� ...................... -1.......,,,,,,,,,, „ ����iirrrrtrrr/ll/Il///lllll//Ill Integration with the ASTRO 25 Network The MCC 7500 IP dispatch console will be seamlessly integrated into the City's ASTRO 25 system, without interface boxes, digital voice gateways or backroom electronics, for an integrated mission -critical network. This tight union between radio infrastructure and dispatch console equipment has several operational benefits to City of Baldwin Park Police Department. The physical space needed to accommodate the MCC 7500 dispatch console position is comparable to that required for a personal computer. Both trunked talkgroups and conventional radio channels can be accessed and controlled from one MCC 7500 IP dispatch console over the same network. This architecture reduces overall transport costs and the need for duplicate fixed network equipment. Connection to ASTRO 25 System The flexibility of the ASTRO 25 system architecture allows the connection of the MCC 7500 to be suited specifically to the City's needs. Dual Site Link The proposed MCC 7500 console site for the City will be remote from the core site and will feature redundant site links to provide path diversity. The console site will have two logical connections to the core site with each connection using a different core router. Each console site gateway provides an interface that will handle all of the IP network management traffic between the MCC 7500 console center and the City's ASTRO 25 core site. The site gateways fragment large IP packets according to industry standards, prioritize packets, and convert Ethernet data to the desired transport medium. Encrypted Site Link The gateway encryption feature uses an AES 256 bit encryption algorithm for all voice and data packets between dispatch site and the core. All packets traveling through these WAN links provided by a public network service provider to the City will be encrypted. LAN Switches The site LAN switches provide LAN interfaces for dispatch site equipment and a LAN port forthe link to the core site. Through the switch, service technicians can access the system's configuration manager and service the equipment MAKING CONSOLES EASY TO OPERATE Motorola Solutions designed its MCC 7500 dispatch console to provide mission -critical audio between the dispatcher and users in the field. It is optimized for real-time audio, prioritizing emergency calls over other traffic, and minimizing voice queuing. Using robust error mitigation to maintain call quality even when the system is heavily loaded, the MCC 7500 console reduces communication errors that may force dispatch console operators to repeat their transmissions. Customizable Dispatch Interface The MCC 7500 console provides dispatch operators with a graphical user interface (GUI) that can be customized by agency or by individual user to optimize user efficiency. Based on dispatcher preference, the MCC 7500 GUI can be customized to show details of trunked and conventional RF channels on a per -channel basis. Busy dispatchers can respond to a missed call by simply clicking on an entry in the Activity Log. The number of calls and call information displayed in the Activity Log is customizable to suit the needs of the user. The status of auxiliary inputs and outputs can be easily interpreted from the GUI with the use of familiar graphical icons, such as a door shown open or closed. Auxiliary Inputs/Outputs The MCC7500 console supports Global Auxiliary Inputs/Outputs (Aux I/Os) for remote status indications or remote control through dispatch consoles. Global Aux I/Os are typically implemented by hardware that is independent of the Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 8 n BMJ SOLUTIONS I II......... dispatch console positions in a system and may be accessible to multiple dispatch consoles. Aux 1/0 Servers provide the Aux 1/0 feature for the dispatch consoles. Standard Radio Transmission and Reception A typical MCC 7500 console has a headset and two speakers, one for selected audio and the second for all remaining unselected audio. Additional speakers can be added to the console, allowing dispatch operators to configure a specific speaker for a set of designated audio sources. This simplifies multitasking between multiple audio sources, allowing flexibility in the way the audio is presented to the dispatch operator. Receiving Calls from the Field and Other Dispatch Operators The MCC 7500 provides dispatch operators with great flexibility for how to hear calls from field radio users and other dispatch operators. Each console dispatch operator can define his or her own audio reception profile by selecting a single audio source, whether conventional or talkgroup, to be heard on a selected speaker or headset ("Single Select"). The dispatcher can also define groups of radio resources that can all be heard on a selected speaker or headset ("Multi -Select"). Initiating Calls to the Field and Other Dispatch Operators The dispatch operator has several different ways of initiating a call. In most circumstances, a "General Transmit" is appropriate. With the general transmit, the dispatch operator selects a resource on the console and activates the transmission through a footswitch, headset transmit button, or a microphone transmit button. If the dispatch operator needs to quickly transmit on a resource that is not selected, the dispatcher uses the "Instant Transmit" function. An "Instant Transmit Safety Switch" prevents accidental activation of functions that may cause negative consequences. The safety switch can be used with Aux I/Os and pre -defined pages, as well as, instant transmit switches. Audio Communication to the Field and Other Dispatch Operators The dispatch operator can transmit audio in different ways. They can make calls to all users listening to a specific conventional radio resource or a specific trunking talkgroup. When multiple resources are required, the dispatcher can select additional talkgroups and/or conventional channels, as needed, using the multi -select feature. The MCC 7500 console also enables dispatch operators to make private calls to individual field radio users or dispatch operators. Once a private call is established, it can be patched in with another resource at the dispatch operator's discretion. Controlling Console Audio The MCC 7500 console offers dispatchers several different ways of controlling or muting the audio on their consoles: • Audio volume can be changed for any specific resource. • All non -selected resources on the console can be muted for 30 seconds ("All Mute") or unmuted, if already muted. • A dispatcher can transmit on a resource while receiving audio from the same resource or other resources. • A dispatcher can mute the other dispatch audio on a shared resource to prevent acoustic feedback when a co -located operator position transmits. Controlling Network Audio Dispatch operators can control the audio on the ASTRO 25 network. Using the console, the dispatcher can enable or disable radio users in order to compartmentalize traffic, reduce interruptions, and maintain communications between dispatch and the field. When this function is enabled or disabled, all dispatch consoles with this resource assigned are updated with the current status of the feature. Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 9 Q MOTOROLA SOLUTIONS Note: This feature can be controlled from any dispatch console. Emergency Radio Transmission and Reception As part of a mission -critical communications network, the MCC 7500 console will facilitate immediate prioritization and resolution of emergency communications between the City's dispatch and first responders in the field, enabling dispatch operators and first responders to focus on their mission, not their equipment—especially during critical situations. Receiving an Emergency Call When a field user or another dispatch operator initiates an emergency call, the console emits both visual and audible indications ("Emergency Alarm"). The audible indication alerts the dispatch operator that an emergency is underway; the visual indication directs the dispatch operator's attention to the specific resource making the emergency call. The dispatch operator can immediately reserve a voice channel for the duration of the emergency. Responding to an Emergency Call A dispatch operator can bypass the standard console interface to auto -open a quick list, which contains specific controls for recognizing an emergency call, initiating an emergency call, and ending an emergency call ("Auto -Open of Quick List"). The dispatcher can then "recognize" the emergency call, which ends the audible emergency indication and notifies all dispatch operators that the emergency is being addressed ("Emergency Recognize"). The audible emergency indication may also be muted by a dispatch operator without recognizing the emergency alarm ("Mute Tones at a Single Op"). This would be used in a situation where one agency is monitoring a channel that belongs to another agency. That channel can be configured to not generate audible and/or visual emergency indications. Ending an Emergency Call When an emergency is over, the dispatch console user can end the Emergency Alarm. The visual indication on the console GUI is removed, and the console informs the other operator positions that the emergency is over ("Emergency End/Knockdown"). The emergency mode remains active on the initiating radio unit until it is ended (reset) by the radio user. Radio Patch Control MCC 7500 console users can patch communication between trunked and/or conventional radios that are normally unable to communicate with each other due to different features, programming, or even different frequency bands. A patch group is a group of linked resources that can both receive messages from a console and transmit to all other members of the patch group. Setting up a Standard Patch Patches are supported between trunked resources and/or conventional resources. After the patch is created, the dispatch console transmits all audio on one resource to all other resources in the patch group. In a patch between trunked resources, patched radio users with displays see the ID or alias of the other patched radio(s), as opposed to that of the console. This minimizes confusion and the need for the dispatch operator to intervene in the call. Patches are automatically re-established if interrupted, so the MCC 7500 user can concentrate on continuing operations. Pre -Defined Patches Patches can be pre -defined and automatically re-initiated each time a dispatch console computer is restarted ("Patch Auto -Start"). ............................... .... .... .............. .......... ,......... I .... ,,,,,.,,,,..,,,,,,,,, .,,,,.... Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 10 SOLUTIONS llllllllllllllJlll/llI/llllrrrrrr��,,,,,,,,..........._ ...............,,,r,rrrrrrr111/llllll/lll/lllllllllll Call Management and Control Automatic Prioritization of Calls Calls on the MCC 7500 console are prioritized through a transmission hierarchy. Calls from primary supervisors take priority over those from secondary supervisors, which in turn take priority over non -supervisors. Instant Transmit or All -Points Bulletin (APB) transmissions, regardless of whether they are from a supervisor, take priority over general or patch transmissions. Multiple dispatch console operators can be designated as primary supervisors on the same system, which is useful when multiple agencies share one system. With the Network Manager Client installed, console supervisors can disable and enable operator console functionality as needed. Manual Prioritization of Calls "System Access Priority Select" allows a dispatch operator to prioritize trunked resources on the system as either "normal" or "tactical." A dispatch operator can change the priority of a trunked resource to tactical to give the resource a better chance of gaining communication access on a busy system. Only emergency calls have a higher priority than tactical. When the System Access Priority status of a resource is changed, it is updated at all dispatch consoles in the systems that are monitoring that trunked resource. , Using the Multi -Select Feature The Multi -Select feature allows a dispatch console to define groups of selected radio resources. When a Multi - Select group is opened, all of the resources in the group are simultaneously selected. Resources can be added or removed from a Multi -Select group while it is open or closed. The dispatcher can transmit on several resources simultaneously or can listen to multiple resources simultaneously in their headset or select speakers. Standard Call Indications The MCC 7500 console indicates the availability of any given resource, regardless of whether the resource is involved in a transmission. An inbound call indication provides the dispatch operator with a visual cue of audio activity on a radio resource and allows a dispatcher to see at a glance what the status of a resource is at any moment. Call Alerting A dispatch operator can "page" an unattended radio or console through a series of beeps and an indication of the sender's ID. When available, the radio user or dispatch operator will see the unit ID of the calling dispatch operator's console or radio ID and be able to return the call. Additionally, a Call Alert can be used to trigger an activity. For instance, a Call Alert may cause a vehicle's horn to sound and its lights to flash. The dispatch operator can even send a call alert to a user who is involved in voice and data communications over the network. MKM 7000 Console Alias Manager The Motorola Solutions MKM 7000 Console Alias Manager (CAM) manages the radio unit ID aliases displayed on MCC 7500 consoles. It enables agencies that share a radio system to change aliases displayed on their dispatch positions and logging recorders without affecting the aliases displayed at the other agencies on the system. Atypical dispatch console uses many types of aliases to provide meaningful, descriptive names instead of numeric ID numbers for different resources on the console, such as: • Trunking talkgroups and conventional channels. • Aux I/Os. • Secure keys used for voice encryption. • Frequencies on multi -frequency conventional channels. • PL codes on conventional channels. • Preconfigured pages. Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 11 MOTOROLA SOLUTIONS • Radio unit IDs (also called radio PTT IDs). The CAM supports aliases for radio unit IDs for ASTRO 25 trunking systems, ASTRO 25 conventional systems, MDC 1200 conventional systems, and Advanced Securenet conventional systems. When SmartX site converters are used with SmartZone or SMARTNET systems, the CAM supports aliases for those types of radio unit IDs, as well. The CAM does not support aliases for systems connected through an ISSI link or non -Motorola Solutions consoles connected through a CSSI link. PROTECTING CONSOLES AND COMMUNICATIONS The MCC 7500 dispatch console enables end-to-end encryption from the operator position to the ASTRO 25 network, so that the City's communications will not be undermined by unencrypted transmissions. Each dispatch operator will be able to fully participate in secure communications while being confident that sensitive, vital information will not be heard by unauthorized individuals. Secure Access to the Console To use the dispatch console, a dispatch operator must enter a valid radio system user account name and password. The dispatch console validates that information with the radio system's network manager and allows the user to access only the resources for which the user has access rights. This also applies to third -party applications that use the dispatch console's API. Secure Communications at the Console The console encrypts and decrypts radio voice messages. Thus, radio voice messages are encrypted end-to-end, from the field radio user to the dispatch console. The dispatch operator can choose whether to encrypt their transmissions on a particular trunked resource. Dispatch operators can interface with agencies that have different encryption configurations without any manual intervention or delay. The MCC 7500 console can support up to 60 calls simultaneously, using up to four different algorithms and multiple encryption keys. INCORPORATING CONSOLE CONFIGURATION AND MANAGEMENT The MCC 7500 console system is configured and managed by the same configuration manager, fault manager, and performance reporting applications as the radio system. The user can define exactly which resources are available and how they are presented to the dispatch console user. This will provide the City with a single point for configuring and managing the entire ASTRO 25 system. Changes are automatically distributed throughout the system. This centralized approach saves valuable time and effort for system administrators and technicians, and reduces the errors that can occur when radio IDs and other data are entered at multiple locations. In addition, call traffic and performance reports for each console can be generated from the system's network manager, enabling administrators to quickly and easily ensure optimal effectiveness and efficiency. MCC 7500 DISPATCH CONSOLE COMPONENT DESCRIPTION An MCC 7500 dispatch IP console comprises the following elements: • Operator position computer. • Voice Processing Module (VPM). • Auxiliary Input/Outputs. • Logging equipment. • Network equipment. • Conventional Channel Interface equipment The MCC 7500 components are connected together and to the rest of the ASTRO 25 system on an IP network through console site routers and switches. The MCC 7500 dispatch console functions as an integrated component of the total i............... _ ........ .., "....... I......III/III/IIII/III /1... I... Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 12 n LMJ MOTOROLA SOLUTIONS .......................,..rrII/Illlllfl//!l/lllll�������������1����� radio system, fully participating in system -level features such as end-to-end encryption and agency partitioning. Since the network is IP -based, the system's interfaces and components can be distributed physically throughout the network. Some of the available console components are identified below: Operator Position Components MCC 7500 dispatch operator positions connect directly to the radio system's IP transport network without gateways or interface boxes. Audio processing, encryption, and switching intelligence for dispatch are performed within each software -based operator position, without additional centralized electronics. • Headset Jack - Each dispatch console can support up to two headset jacks. A headset jack allows a dispatch console user to use a headset while operating the dispatch console. Each headset can either be connected to the console for supervisory applications or to a desk telephone. The equipment design proposed includes two headset jack(s) per operator. The headset jack contains two volume controls to adjust the level of received radio audio and the level of received telephone audio. • Headset Base — The Headset Base comprises an audio amplifier, a push -to -talk switch and a long cord with a PJ7 long frame connector at the end. • Headset Top — The Headset Top comprises the earpiece(s), microphone, and a cable that connects to the Headset Base. • Gooseneck Microphone — The dispatch console supports a desktop microphone that controls the dispatch console's transmit and monitor features through two buttons on its base. The microphone can be fastened down or left loose and can be used alone or with a headset • Footswitch — Each dispatch console can support a dual pedal footswitch. The footswitch controls the general transmit and monitor functions. Instant Recall Recorder Port (for Radio) The instant recall recorder port (for radio) allows an instant recall recorder to be connected to a dispatch console. The port provides an output containing the receive radio audio on the selected channels. Transmit audio of any type (from either this dispatch console or a parallel dispatch console) as well as tones generated by the dispatch console (emergency tones, callback tones, busy tones) are not included in the audio output This recorded audio is retained by the recording system for a short period (typically about 60 minutes) and is easily played back by the dispatch console user. Telephone/Headset Port The telephone/headset port allows an external telephone set to be connected to the dispatch console. The dispatch console's headset can then be used to communicate on both the radio system and a telephone system (that is, a 911 system). Personal Computer (PC) The MCC 7500 dispatch console uses an off-the-shelf personal computer, running the Microsoft' Windows operating system. The PC has a minitower form factor, comes with a keyboard and mouse, and supports a variety of monitors including both touch and non -touch operation. ADDITIONAL EQUIPMENT Per your request, we have included the following additional items to extend the functionality of the MCC 7500 to meet the City's needs. GGM 8000 Gateway with a Conventional Channel Gateway Interface (CCGW) Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 13 MOTOROLA SOLUTIONS The GGM 8000 interfaces analog and ASTRO 25 conventional channels to your ASTRO 25 radio system. The proposed GGM 8000 contains eight analog ports, eight V 24 ports, and an Ethernet port, supporting up to 16 conventional channels. It will also support up to 16 IP based channels, bringing the total number of supported channels to 32. The GGM 8000 can simultaneously support a combination of analog, MDC 1200, ACIM Link, digital, and mixed mode channels. GCP 8000 Conventional Site Controller The GCP 8000 Conventional Site Controller supports site conventional operation where a Conventional Channel Gateway (CCGW) is located at an MCC 7500 console site. If the link between the dispatch site and the master site is lost, the GCP 8000 enables dispatchers to communicate over conventional resources. Analog/VOIP Phone Logging Recorder A Nice NRX channel telephony logging recorder has been included to record non -radio interfaces, such as analog lines and PBX. Audio from these recorders can be retrieved from the same playback station as the MCC 7500 Centralized IP Logging Recorder. MKM 7000 Console Alias Manager The MKM 7000 manages the display of radio unit ID aliases on the dispatch console. It enables agencies to manage their radio unit ID aliases independently and autonomously without requiring a network manager client at the dispatch center. The MKM 7000 also supports aliases for radio unit IDs for ASTRO 25 trunking systems, ASTRO 25 conventional systems, MDC 1200 conventional systems, Advanced Securenet conventional systems, and SmartX- enabled SmartZone or SMARTNET systems. APX 7500 Control Stations The APX 7500 control station provides backup communications for your dispatchers. It comes with a front panel equipped with a LCD display, numeric keypad, programmable buttons, VU meter, internal local speaker, auxiliary display, keyload port, IV&D port, and a myriad of ports for additional control and programming. It also has a dedicated logging port for use with logging recorders. The control station will be connected to a GGM 8000 as an interface to mutual aid audio or other systems, enabling dispatchers to communicate with field users on the control station via the MCC 7500 console. In the unlikely event that the dispatch center loses connectivity to the system core, dispatchers can also continue to use their consoles to communicate with field users via the control stations. The control stations come with an antenna system that includes a control station combiner, transmit/receive antenna, and RF cabling for UHF consolettes, and transmit/receive antenna and RF cabling for VHF consolette. The antenna system of UHF system is connected to the control station via the control station combiner. Instant Recall Recorder The Dual Instant Recall Recorder (IRR) software allows users to record two channels, radio, telephone, radio and telephone conversations, digitally on a personal computer. The system uses an individual PC where the recording I ........... ......... .............. ......I Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 14 MOTOROLN SOLUTIONS lllllllllllllllllllllll/III I I I I I I l l .................... .......,,,.,,,,,,,,,,111 / /I / / /I1/ 1 I// l l l l l l l l l l l l l l l// files are stored on the PC's hard drive. The Instant Recall Recorder keeps a database of all recordings, which allows for convenient "point and click" search and playback of any recordings. Once the software is installed on your PC, the functions are controlled through a Graphical User Interface (GUI) icon. In addition, the Instant Retrieval Recorder has numerous special features; such as the ability to attach text documents to recordings, a security system, multiple playback (which allows the user to playback more than one recording at the same time), and real time audio monitor (which allows the user to listen to the last ten minutes of a recording in progress without being required to stop recording to be able to listen). The Instant Retrieval window allows the user to immediately access the recordings. The Instant Retrieval window initially opens on the newest recordings, but allows access to any recordings on the system. The recording can also be saved to the .WAV file that the user specifies. This is useful if the user wants to save a specific recording to a CD or hard disk. SDM 3000 Auxiliary Input/Output Server The SDM 3000 provides console operators with the ability to control and monitor external devices, such as doors and lights, from the console user interface. The console interface uses icons to display the state of external devices via auxiliary inputs and outputs, which support momentary and latched inputs, as well as latched and interlocked latched outputs. Enhanced Conventional Channel Gateway Equipment An Enhanced Conventional Channel Gateway (ECCGWs) provides the interface for analog and ASTRO 25 conventional channels to the ASTRO 25 radio system infrastructure. The ECCGW can support combinations of analog, MDC 1200, ACIM Link, digital and mixed mode channels simultaneously. An ECCGW may also be used in combination as a console site router or an RF site router, provided the WAN link is not redundant • Analog Configuration - The ECCGW provides two sets of ports that are used with analog channels. One set (called the Analog Ports) contains the analog inputs and outputs for the channels along with a COR/Coded/ Clear input and a PTT Relay output The other set (called the Supplemental 1/0 Ports) contain analog logging recorder outputs and various inputs that can be used with the analog channel. • Conventional Site Controllers - The conventional site controller allows dispatch console users to continue to access and control local conventional channels if connectivity to the radio system's zone controller is lost. This mode of operation is often called "fallback operation" or "site conventional operation." While in fallback operation, the dispatch consoles continue to support the vast majority of their capabilities and features. Only one conventional site controller is required per console site or conventional subsystem. This single conventional site controller can support the full set of dispatch consoles, archiving interface servers, and CCGWs in a console site or conventional subsystem. ......................... I..IIIIIIII ,,,,,, ,.......,,, Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 15 MOTOROLA SOLUTIONS llllllllllllllllllllll!l��l a rii�.................... _ — ...... ,�ii�iiii��l///lllllllllll/lllllll DESIGN ASSUMPTIONS The proposed solution is contingent upon the following assumptions. • Motorola's MCC 7500 subsystem design requires City of Baldwin Park to provide two (2) Ethernet or fiber links, one (1) from the Glendale Master site and preferably the other one (1) from Santa Monica DSR (for redundancy purposes), to the City of Baldwin Park dispatch center. City of Baldwin Park is responsible to provide, configure, test, maintain and demark these circuits within 20' of the proposed MCC 7500 rack and/or equipment. • One (1) VPM has been included for each console position. Motorola will work with City of Baldwin Park during the design review to determine specific loading requirements. Motorola will provide a quote for the additional equipment and/or services to expand the loading, if required. • No new logging solution has been included in this proposal. Motorola has included analog recording audio outputs. Actual audio recording equipment is the responsibility of City of Baldwin Park. • No CAD interface has been included in this proposal. • Instant Recall Recorder (IRR) licenses are included in this proposal. • Motorola will be installing five (5) new single band APX 7500 Consolettes that are being provided with this proposal, as well as new antenna systems. Four (4) of the Consolettes will be UHF and one (1) WE The UHF consolettes will be connected to a UHF combiner. • Motorola is proposing two (2) new antennas and antenna systems for the consolettes, as the existing antennas might not accommodate for the new frequencies as result of frequency rebanding. • If no new antennas are purchased for consolettes, it is assumed that the existing antenna systems are in working condition for the APX 7500 consolettes. City of Baldwin Park is responsible for the integrity of the existing antenna systems and the resulting coverage/interference. • Programming of the new APX 7500 consolette will be performed by Motorola. • Motorola's MCC 7500 design is built with dedicated workstations for each MCC 7500 operator positions. The Motorola provided computers will not be configured to share/support CAD, E911 network or any other third party applications. • Motorola does not recommend the use of unlicensed PTP microwave for Public Safety use on the MCC 7500 subsystem. • Any required system interconnections not specifically outlined here will be provided by City of Baldwin Park, including but not limited to dedicated phone circuits, TI circuits or Ethernet. • Motorola will provide a pair of Juniper routers for connection to Santa Monica DSR. The actual physical Fiber connection between Baldwin Park Dispatch center and Santa Monica DSR, is responsibility of City Baldwin Park. • Juniper routers are specifically designed to be used for Fiber connection and not Microwave connection. • A block diagram of the solution and equipment list are displayed in following pages. Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 16 City of Baldwin Park Police Department Dispatch Center _ . _ . _ . _ . I LC.I. • ASTRO 25 MASTER SITE • (Glendale) EMSVNET PUBLIC SAFETY GRADE (CUSTOWR PROVIDED) ASTRO 25 MASTER SITE • (Santa Monica) T ETHERNET PWUC SAFETY GRADE (CUSnMWR PROVIDED) Legend: New equipment Existing equipment P N MASTER SITE 1 SQM01SUM0239 MASTER SITE CONFIG UPGRADE MASTER SITE 1 CA00996AL ADD: NM/ZC LICENSE KEY 7.14 MASTER SITE 1 CA00997AL ADD: UCS LICENSE KEY 7.14 MASTER SITE 1 CA02105AA MCC7500/MCC7100 CONSOLE LIC MASTER SITE 3 CA01316AA ADD: UNC ADOTL DEVICE LIC (QTY 10) OP POSIT 1 81905 MCC 7500 ASTRO 25 SOFTWARE OP—POSIT 5 B1933 MOTOROLA VOICE PROCESSOR MODULE OP POSIT 5 CA01642AA ADD: MCC 7500 BASIC CONSOLE FUNCTIONALITY SOFTWARE LICENSE OP POSIT 5 CA01644AA ADD: MCC 7500 /MCC 7100 ADV CONVL OPERATION OP POSIT 5 CA00140AA ADD: AC LINE CORD, NORTH AMERICAN OP POSIT 5 CA00143AC ADD: DES-OFB ALGORITHM OP POSIT 5 CA00182AB ADD: AES ALGORITHM OP POSIT 5 TT2833 COMPUTER, Z440 WORKSTATION WINDOWS 7 (NON RETURNABLE) OP POSIT 5 T7449 WINDOWS SUPPLEMENTAL TRANS CONFIG OP POSIT 5 DSRMP615A SPD, TYPE 3,120V RACK MOUNT, 15A PLUG-IN W/ (6)15A NEMA 5-15 OUTLETS OP POSIT 5 T7885 MCAFEE WINDOWS AV CLIENT OP POSIT 10 B1912 MCC SERIES DESKTOP SPEAKER OP POSIT 10 81913 MCC SERIES HEADSET JACK OP POSIT 5 DSTG221 TECH GLOBAL EVOLUTION SERIES 221NCH NON TOUCH OP—POSIT 5 RLN6098 HDST MODULE BASE W/PTT, 15' CBL OP POSIT 10 RMN5078B SUPRAPLUS NC SINGLE MUFF HEADSET OP POSIT 5 DSTWIN6328A PROVIDES ONE DUAL PEDAL FOOTSWITCH FOR USE WITH MOTOROLA MCC 7500 DISP OP POSIT 5 81914 MCC SERIES DESKTOP GOOSENECK MICROPHONE IRR 5 DDN2090 DUAL IRR SW USB HASP W LICENSE, SOUND CARD, & SPKRS (V47) KVM Extender 5 DSALIF1002TUS ADDERLINK INFINITY 1002 KVM EXTENDER KVM Extender 5 DSALIF1002RUS ADDERLINK INFINITY 1002 USB 2.0 KVM EXTENDER RECEIVE ONLY CCGW 1 SQM01SUM0205 GGM 8000 GATEWAY CCGW 1 CA01616AA ADD: AC POWER CCGW 1 CA02086AA ADD: HIGH DENSITY ENH CONV GATEWAY CCGW 1 SQM01SUM0205 GGM 8000 GATEWAY CCGW 1 CA01616AA ADD: AC POWER CCGW 1 CA02086AA ADD: HIGH DENSITY ENH CONV GATEWAY CCGW 1 SQM01SUM0205 GGM 8000 GATEWAY CCGW 1 CA01616AA ADD: AC POWER CCGW 1 CA02086AA ADD: HIGH DENSITY ENH CONV GATEWAY AUX 10 1 F4543 SITE MANAGER BASIC AUX 10 1 VA00874 ADD: AUX 1-0 SERV FW CURR ASTRO REL AUX 10 1 V266 ADD: 90VAC TO 260VAC PS TO SM AUX_IO 4 V592 AAD TERM BLCK & CONN WI AUX-10 1 L3468 MCC SERIES 1/0 SHELF W/ CONTROLLER & CABLE AUX 10 1 TT04532AA ADD: MCC SERIES I / 0 MODULE 11 SWITCH 2 CLN1856 2620-24 ETHERNET SWITCH ROUTER 1 SQM01SUM0205 GGM 8000 GATEWAY ROUTER 1 CA01616AA ADD: AC POWER ROUTER 1 SQM01SUM0205 GGM 8000 GATEWAY ROUTER 1 CA01616AA ADD: AC POWER GCP80DO 1 T7038 GCP 8000 SITE CONTROLLER GCP8000 1 CA00303AA ADD: QTY (1) SITE CONTROLLER GCP8000 1 X153AW ADD: RACK MOUNT HARDWARE GCP8000 1 CA01136AA MCC 7500 CONVEN SITE OPER MKM7000 1 BVN1013 MKM 7000 Console Alias Manager Software MKM7000 1 TT2833 COMPUTER, Z440 WORKSTATION WINDOWS 7 (NON RETURNABLE) MKM7000 1 T7449 WINDOWS SUPPLEMENTAL TRANS CONFIG MKM7000 1 T7885 MCAFEE WINDOWS AV CLIENT MKM7000 1 DSCL5808NCKIT 8 PORT LCD KVM 8 USB -PS 2 COMBO CABLES RACK 1 THN1012 RACK T OPEN RACK EQUIP 3 DSRMP615A SPD, TYPE 3,120V RACK MOUNT, 15A PLUG-IN W/ (6)15A NEMA 5-15 OUTLETS RACK_EQUIP 1 DSTSJADP RACK MOUNT GROUND BAR, 19 IN FOR TSJ AND WPH SERIES DATA SPDS RACK_EQUIP 1 ODN9748 19 INCH BLACK SHELF RACK—EQUIP 1 DS1101990 SPD, SHIELDED RJ -45 JACK, SINGLE LINE GBE (1000MBPS) R56 COMPLIANT APX750000N 4 L30SSS9PW1 N APX CONSOLETTE UHF R2 MP APX750000N 4 IG806 ADD: ASTRO DIGITAL CAI OPERATION APX750000N 4 JG51 I ENH: SMARTZONE OPERATION APX APX750000N 4 G361 ADD: P25 TRUNKING SOFTWARE APX750000N 4 G996 ENH: OVER THE AIR PROVISIONING APX750000N 4 GA00469 ENH: EXTENDED DISPATCH APX CONSOLETTE APX750000N 4 G298 ENH: ASTRO 25 OTAR W/ MULTIKEY APX750000N 4 G851 ADD: AES/DES-XL/DES-OFB ENCRYPTION APX750000N 4 W969 ADD: MULTIPLE KEY ENCRYPTION OPERATION APX750000N 4 L999 ADD: FULL FP W/05/KEYPAD/CLOCK/VU APX750000N 4 CA01598 ADD: AC LINE CORD US APX750000N 4 G78 ADD: 3 YEAR SERVICE FROM THE START LITE APX750000N 5 HKN6233C APX CONSOLETTE RACK MOUNT KIT APX750000N 1 HKN6184C CABLE CH, PROGRAMMING,USB APX750000N 1 DSRMP615A SPD, TYPE 3,120V RACK MOUNT, 15A PLUG-IN W/ (6)15A NEMA 5-15 OUTLETS COMBINER 1 DSCS45520805SN HYBRID CONTROL STATION COMBINER, 450-520 MHZ 8 CH. APX750000N 1 L30KSS9PW1 N APX CONSOLETTE VHF APX750000N 1 CA01598 ADD: AC LINE CORD US APX750000N 1 G361 ADD: P25 TRUNKING SOFTWARE APX750000N 1 G51 ENH: SMARTZONE OPERATION APX APX750000N 1 G806 ADD: ASTRO DIGITAL CAI OPERATION APX750000N 1 G851 ADD: AES/DES-XL/DES-OFB ENCRYPTION APX750000N 1 GA00469 ENH: EXTENDED DISPATCH APX CONSOLETTE APX750000N 1 G996 ENH: OVER THE AIR PROVISIONING APX750000N 1 G78 ADD: 3 YEAR SERVICE FROM THE START LITE APX750000N 1 W969 ADD: MULTIPLE KEY ENCRYPTION OPERATION APX750000N 1 L999 ADD: FULL FP W/05/KEYPAD/CLOCK/VU APX750000N 1 G90 ADD: NO MICROPHONE NEEDED APX750000N 1 G298 ENH: ASTRO 25 OTAR W/ MULTIKEY ANTENNA 1 DSDS4CO3F36UN DS4CO3F36U-N, 450-482 MHZ OMNI FIBERGLASS ANT, 3 DBD ANTENNA 1 DSDSlF03F36UN DS1F03F36U-N,150-164 MHZ OMNI FIBERGLASS ANT, 3 DBD, W/ N SPARES 2 B1912 MCC SERIES DESKTOP SPEAKER SPARES 2 81913 MCC SERIES HEADSET JACK SPARES 1 TT2833 COMPUTER, Z440 WORKSTATION WINDOWS 7 (NON RETURNABLE) SPARES 1 81934 MCC 7500 VOICE PROCESSOR MODULE FRU SPARES 1 CA00143AC ADD: DES-0FB ALGORITHM SPARES 1 CA00147AF ADD: MCC 7500 SECURE OPERATION SPARES 1 CA00182AB ADD: AES ALGORITHM SPARES 1 CLN1856 2620-24 ETHERNET SWITCH SPARES 1 DLN6966 FRU: GCP 8000/GCM 8000/GPB 8000 SPARES 1 CLN1856 2620-24 ETHERNET SWITCH SPARES 1 SQM01SUM0205 GGM 8000 GATEWAY SPARES 1 CA01616AA ADD: AC POWER SPARES 1 DLN6898 FRU: FAN MODULE SPARES 1 DLN6805 POWER SUPPLY ADAPTOR,PWR EFF POWER SUPLLY CEC SPARES 1 F4543 SITE MANAGER BASIC SPARES 1 VA00874 ADD: AUX 1-0 SERV FW CURR ASTRO REL SPARES 1 V266 ADD: 90VAC TO 260VAC PS TO SM SPARES 3 V592 AAD TERM BLCK & CONN WI 3t `YJ ROUTER 2 DSACX1100AC ACX1100 UNIVERSAL ACCESS ROUTE AC VERSION DUAL POWER SUPPLY ROUTER 2 DSBHXSV3NDACX1100 3 YR NEXT DAY SUPPORT FOR ACX1100 MOTOROLq SOLUTIONS lllllllllllllll/lllll//liiirirrrrr,,,,,,,,,,,,,,,,,..._ _.........,,,,,,,,,,,rrrrriillllll/lllllllllllllllllll ACCEPTANCE TEST PLAN System Acceptance of the proposed solution will occur upon successful completion of a Functional Acceptance Test Plan (FATP), which will test the features, functions, and failure modes for the installed equipment in order to verify that the solution operates according to its design. This plan will validate that the City's solution will operate according to its design, and increase the efficiency and accuracy of the final installation activities. A detailed FATP will be developed and finalized during the Design Review. Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 17 MOTOROLA SOLUTIONS /!llllllllllllllll/llI/ll�iiirrrrrrr..................- .......,,.,,,,,,rrrrrrriii���11/ll/ll/ll/llll/ll1/lll STATEMENT OF WORK Motorola will install and configure the proposed equipment. The following table describes the tasks involved with installation and configuration. Execute contract and distribute contract documents. ® 0 Furnish a performance bond in the full amount of the contract price as security for the faithful performance of Motorola Solutions' contractual obligations. Purchase the required performance bond. Assign a Project Manager as a single point of contact. 0 Assign resources. Schedule project kickoff meeting. ® _0 Ensure that project team members attend all meetings relevant to their role 0 ® on the project Set up the project in the Motorola Solutions Information System ® 0 Record and distribute project status meeting minutes. 0 Maintain responsibility for third -party services contracted by Motorola 0 Solutions. Complete assigned project tasks according to the project schedule. Submit project milestone completion documents. ® 0 Upon completion of tasks, approve project milestone completion documents. 0 0 Conduct all project work Monday thru Friday, 7:30 a.m. to 5:00 p.m. ® 0 Introduce team, review roles, and decision authority. Present project scope and objectives. Review SOW responsibilities and project schedule. Schedule Design Review. ® 0 ® O 0 Review the Customer's operational requirements. ® 0 Present the system design and operational requirements for the solution. 0 0 Present installation plan. ® 0 Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 18 MOTOROLA SOLUTIONS lllllll/l//llllllllll//ll!!lrrrrrrrr,,,,,,,,,,,,,,,,,,,.......,,,,,,,,,,rrrrrrrr!!!!/l/!llll/ll/llllllll/lll Present preliminary cutover plan and methods to document final cutover 0 process. 0 0 Provide approvals required to add equipment to proposed existing sites. 0 0 Review safety, security, and site access procedures. 0 Present equipment layout plans and system design drawings. ® 0 Provide backhaul performance specifications and demarcation points. ® 0 Provide heat load and power requirements for new equipment. 0 0 Provide information on existing system interfaces. 0 Review and update design documents, including System Description, 0 Statement of Work, Project Schedule, and Acceptance Test Plan, based on 0 0 Design Review agreements. 0 0 Provide minimum acceptable performance specifications for customer ® 0 provided hardware, software, LAN, WAN and internet connectivity. Execute Change Order in accordance with all material changes to the ® 0 Contract resulting from the Design Review. 0 Provide adequate HVAC, grounding, lighting, cable routing, and surge protection based upon Motorola's Standards and Guidelines for 0 0 Communication Sites (R56) Ensure that electrical service will accommodate installation of system equipment, including isolation transformers, circuit breakers, surge 0 0 protectors, and cabling. Provide obstruction -free area for the cable run between the demarcation 0 0 point and system equipment. Provide structure penetrations (wall or roof) for transmission equipment 0 (e.g. antennas, microwave radios etc.). Supply interior building cable trays, raceways, conduits, and wire supports. 0 0 Transport removed site equipment to a location designated by Customer and within Customer's jurisdiction. Create equipment order and reconcile to contract ® 0 Manufacture Motorola Solutions -provided equipment necessary for system 0 based on equipment order. Ship all equipment needed for staging to Motorola's Customer Center for 0 0 Solutions Integration,(CCSi). ,,,,,,,,._ I ........ ,.,,,,,.,,,..,, Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 19 MOTOROLA SOLUTIONS Provide information on existing system interfaces, room layouts, or other 0 0 information necessary for the assembly to meet field conditions. O 0 Set up and rack the solution equipment on a site -by -site basis, as it will be ® 0 configured in the field at each of the sites. Cut and label the cables with to/from information to specify interconnection ® 0 for field installation and future servicing needs. Complete the cabling/connecting of the subsystems to each other 0 (°connectorization" of the subsystems). Assemble required subsystems to assure system functionality. ® 0 Power up, load application parameters, program, and test all staged 0 equipment. Confirm system configuration and software compatibility with the existing ® 0 system. Inventory the equipment with serial numbers and installation references. 0 0 Review and approve proposed Factory Acceptance Test Plan. 0 0 Perform factoryfunctional acceptance tests of system features ® 0 Provide secure location for solution equipment. Pack and ship solution equipment to the identified, or site locations. Receive solution equipment. Inventory solution equipment. 0 0 0 0 O 0 _® 0 Deliver solution equipment to installation location. 0 0 Coordinate receipt of and inventory solution equipment with designated 0 contact Install all proposed fixed equipment as outlined in the System Description based upon the agreed-upon floor plans, connecting audio, control, and 0 0 radio transmission cables to connect equipment to the power panels or receptacles, and audio/control line connection points. Installation performed in accordance with R56 standards and state/local codes. Provide system interconnections that are not specifically outlined in the 0 system design, including dedicated phone circuits, microwave links, or other types of connectivity. Install and terminate all network cables between site routers and network ® 0 demarcation points, including microwave, leased lines, and Ethernet Ensure that Type 1 and Type 2 AC suppression is installed to protect installed 0 equipment Connect installed equipment to the provided ground system. 0 0 Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 2111 MOTOROLA SOLUTIONS lllllllllllllllllllllll!ll�iiii�rrrr................. _........,,,,,,,,,,rrr��iii!!!!!/lllllllllllllllllllll Label equipment, racks, and cables. Perform preliminary audit of installed equipment to ensure compliance with 0 requirements and R56 standards. Note any required changes to the installation for inclusion in the "as -built" ® 0 system documentation. Remove, transport, and dispose of old equipment. R! Iii IBM Install antennas, including supplying and installing new side arm mounts Install transmission lines required for system. 0 0 Perform sweep tests on transmission lines. 0 0 Provide and install attachment hardware for supporting transmission lines 0 0 on antenna support structure. Supply and install ground buss bar at the bottom of each antenna support ® 0 structure. ® 0 Identify circuits for connection to console and a demarcation point located within 25 feet of the console interface. Connect console to circuit demarcation points. 0 0 Install PC workstation w/ keyboard and mouse, and monitor. ® 0 Install a Voice Processor Module (VPM) and purchased peripheral console ® 0 equipment in accordance with R56 standards and state/local codes. Develop templates for console programming. ® 0 Perform console programming and configuration. ® 0 Provide the locations of control stations. 0 Survey mounting locations and develop control station installation plan. 0 0 Provide adequate space, grounding, and power for the control station 0 installation. Properly connectorize and ground the cabling, which will be run to the ® 0 outdoor antenna location using the least obtrusive method. Provide an elevated antenna mounting location, and adequate feed -line 0 routing and support. Install line (not greater than 100 feet in length) and antenna system 0 (connectors, coax grounding kit, antenna, and surge protection). Install RF local control stations identified in the equipment list. 0 ,,,,,,,,,,, ......... ...,,.,,,,,...... Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 21 0 eroro�rou SOLUTIONS llllllllllllllllllllll/lllllrr n rri�................... _........,,.,,,,,,�rrrrrrrlllllllllllllllllllllllll/ll Perform control station programming. letabl IrtrlIoregcttttRf#ef%� Provide interface to existing analog logging equipment. ® 0 mAy Perform R56 site -installation quality -audits, verifying proper physical O 0 installation and operational configurations. Create site evaluation report to verify site meets or exceeds requirements, as defined in Motorola's R56 Standards and Guidelines for Communication 0 Sites. Verify that all equipment is operating properly and that all electrical and 0 signal levels are set accurately. Verify that all audio and data levels are at factory settings. 0 Verify communication interfaces between devices for proper operation. 0 0 Ensure that functionality meets manufacturers' specifications and complies with the final configuration established during design review or system 0 0 staging. Verify the operational functionality and features of the solution supplied by O 0 Motorola Solutions, as contracted. Witness the functional testing. 0 0 Document all issues that arise during the acceptance tests. ® 0 If any major task for the system as contractually described fails during the Customer acceptance testing or beneficial use, repeat that particular task ® 0 after Motorola determines that corrective action has been taken. Resolve any major task failures before Final System Acceptance. 0 0 Document the results of the acceptance tests and present for review. 0 0 Review and approve final acceptance test results. 0 0 Resolve any minor task failures before Final System Acceptance. ® 0 ROOM Finalize schedule for training coursework. 0 0 Provide training facility. 0 0 Ensure that the training participants fulfill course prerequisites. 0 0 ,,,,,,,,,,,,, _. ...... ........,,,,,,,.,,,,.,,,.,,,,,,...,,,.,,.,,.,,, Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 22 MOTORO/.A SOLUTIONS 111/llllllllllll/ll/ll/ll �irrrrrrrr�..........................,,,,,,,,,��rrrrrr����l///lllll/lllllllllllllll Conduct the training classes outlined in the Training Plan. Attend proposed training classes. 0 O 0 0 Finalize Cutover Plan. 0 0 Provide Motorola Solutions with user radio information for input into the 0 system database and activation, as required. Provide programming of user radios and related services (i.e. template building, re -tuning, testing and installations), as needed, during cutover 0 0 period. Conduct cutover meeting with relevant personnel to address both how to mitigate technical and communication problem impacts to the users during 0 cutover and during the general operation of the system. Notify the personnel affected by the cutover of the date and time planned for cutover. Provide ongoing communication with users regarding the project and schedule. Cut over users and ensure that user radios are operating on system. 0 Resolve punchlist items, documented during the Acceptance Testing phase, (21 in order to meet all the criteria for final system acceptance. Assist Motorola with resolution of identified punchlist items by providing support, such as access to the sites, equipment and system, and approval of 0 the resolved punchlist items. Review the items necessary for transitioning the project to warranty ® 0 support. Provide a Customer Support Plan detailing the warranty support associated ® 0 with the contract equipment. Participate in the Transition Service/Project Transition Certificate (PTC) 0 process. Provide manufacturer's installation material, part list and other related ® 0 material to Customer upon project completion. Provide an electronic as -built system manual on CD or other Customer ® 0 preferred electronic media. The documentation will include the following: • Site Block Diagrams. • Site Floor Plans. • Site Equipment Rack Configurations. • Antenna Network Drawings for RF Sites (where applicable). ,,,,,,,,,,,,,,,,,,,,,,,,._........ ..,.,,........ ,.,.,,,,, Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 23 „roroseou SOLUTIONS • ATP Test Checklists. • Functional Acceptance Test Plan Test Sheets and Results. • Equipment Inventory List. • Console Programming Template (where applicable). • Maintenance Manuals (where applicable). • Technical Service Manuals (where applicable). Drawings will be delivered in Adobe PDF format. Receive and approve documentation. Execute Final Project Acceptance. ® 0 ........... ,,III...... I,,,,,..III, Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 24 a MOTOROLA SOLUTIONS PROJECT SCHEDULE The estimated time for completion of the project is 5 months from Project Kickoff through Final Project Acceptance. Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 25 wrorowou SOLUTIONS Illllllllllllllllllllllllllrrrrrrrrr�.................. .........,,,,,,,rrrrrrrr��111/llllllllllll/Illllllll TRAINING DESCRIPTION Effective training will ensure successful implementation and use of the City's communications solution by all personnel for the life of the system. A detailed training plan has been included with our proposal, comprised of targeted coursework developed and delivered by our expert instructors. This plan, included below, will provide the City's personnel with a comprehensive understanding of the proposed solution. During the Design Review, Motorola Solutions will collaborate with the City to customize a final training plan focused on the skills necessary to operate, configure, and maintain the City's solution effectively and efficiently. ,,,,,,,,,,,,,,,,,,,,,,,, I...,, Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 26 TRAINING OVERVIEW Motorola Solutions understands that successful implementation and use of your communications system depends on effective training. We have developed a training proposal for the City of Baldwin Park to ensure a comprehensive understanding of your proposed system and all user equipment. We are leveraging over 85 years of training experience working with customers just like you to provide recommendations for your consideration. The training proposal detailed in the following pages incorporates customer feedback coupled with a best practices systematic approach to produce effective course delivery and content. Our commitment to the City of Baldwin Park is to provide unsurpassed services that ensure the equipment operates efficiently for the life of the system. To do so, we directly train your personnel to utilize the system to its maximum potential. The City of Baldwin Park personnel will gain in-depth understanding of the power of your new system through education and proficient daily use. Our high-quality training focuses on student needs. The training is complemented by detailed documentation and available continuing education programs. We will collaborate with the City of Baldwin Park to develop a final customized training plan that fits your needs. Our goal is to insure system administrators, technicians and end users are skilled in using your new system. Use or disclosure of this proposal is subject August 11, 2017 to oge. Page 27 TRAINING APPROACH Our training solutions deliver a combination of online training and field based instructor -led training in classrooms at the City of Baldwin Park locations using operational equipment. Motorola Solutions will employ knowledgeable and experienced instructors to deliver well-designed courseware and integrated lab activities. Training is based upon several key criteria: Course design is driven by an analysis of student needs. It focuses on specific application rather than theory. • Learning objectives are based upon what students need to accomplish on the job. • Hands-on lab opportunities using the City of Baldwin Park specific job aids are incorporated to maximize learning and retention. Our instructors bring invaluable experience and knowledge of customer communication solutions into their training approach. This gives them better insight and understanding into the practical aspects of the City of Baldwin Park manager, technician and end user job functions. Each instructor has the proven ability to communicate with a novice as well as expert personnel. Use or disclosure of this proposal is subject August 11, 2017 to dppNQptRiptge. Page 28 PROPOSED COURSES Motorola Solutions has identified the following course(s) that are necessary to achieve the training goals for the City of Baldwin Park. Course description files for the recommended courses are provided in the matrix below. Class delivery for instructor -led courses in the field will be tailored for your system and features. Specifically, our proposed training plan addresses the following categories as identified in your request for proposal: • Dispatch Console Supervisor • Dispatch Console Operators Console Dispatch Training Plan Use or disclosure of this proposal is subiect August 11, 2017 to UWAtittillaWdAt age. Page 29 h A MCC710017500 Dispatch 1 1 day Baldwin Prior to 2 Console Operator S Supervisors (8 -hour Park, CA cutover Admin with session) MKM7000 1 training console Instructor -led Operator Course Synopsis: This course provides participants with an introduction to the dispatch console, its basic operation and tailored job aids which will be available for assistance in operation. Through facilitation and hands-on activities, the user learns how to perform common tasks associated with the console operation. Admin Course Synopsis: This course provides participants with the knowledge and skills to manage and utilize the MCC 7500 console administrator functions. Through facilitation and hands-on activities, the participant learns how to customize the console screens. Note: The first half of the class is the operator class. The admin portion and instruc lion on the Interactive End User Tool Kit are covered in the second half of the Gass. MCC710017500 Dispatch 2 1 day Baldwin Prior to 4 Console Operator Console (4 -hour Park, CA cutover (2 per session) 1 training console Operators sessions) (Instructor -led) Operator Course Synopsis: This course provides participants with an introduction to the dispatch console,` its basic operation and tailored job aids which will be available for assistance in operation. Through facilitation and hands-on activities, the user learns how to perform common tasks associated with the console operation. Use or disclosure of this proposal is subiect August 11, 2017 to UWAtittillaWdAt age. Page 29 MOTOROLA SOLUTIONS l////lllll/Illlllll/l//llllll�iiii��................... ..........,.,,,,,,�iiii���lull/////l//ll//llIllllllll PRICING Please see the pricing summary included below. EQUIPMENT AND SERVICES SUMMARY Jesrrintic Equipment (List Price) $440,958 Equipment Discount ($71,134) Implementation Services _ $239,603 System Discount _ _ ($91,414) Tax $29,077 Motorola has applied discounts to proposed equipment, shown as "Equipment Discount", based on Los Angeles County Contract MA -IS -1240419-3. Additionally, Motorola has included a System Discount based on the system purchase as proposed by December 1, 2017. PAYMENT TERMS Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty 130► days after the date of each invoice. Customer will make payments when due in the form of a check, cashier's check, or wire transfer drawn on a U.S. financial institution and in accordance with the following milestones. 1.10% due upon contract execution 2.65% of the Contract Price upon shipment of equipment 3.15% of the Contract Price upon completion of installation 4.10% of the Contract Price upon system test completion by Motorola Motorola reserves the right to make partial shipments of equipment and to request payment upon shipment of such equipment In addition, Motorola reserves the right to invoice for installations or civil work completed on a site -by - site basis, when applicable. Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 30 MOTOROLA SOLUTIONS CONTRACTUAL DOCUMENTATION The proposed solution is subject to the terms and conditions provided below. Communications System Agreement Motorola Solutions, Inc. ("Motorola") and ("Customer") enter into this "Agreement," pursuantto which Customerwill purchase and Motorola will sell the System, as described below. Motorola and Customer may be referred to individually as a "Party" and collectively as the "Parties." For good and valuable consideration, the Parties agree as follows: Section 1 EXHIBITS The exhibits listed below are incorporated into and made a part of this Agreement. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the exhibits and any inconsistency between Exhibits A through E will be resolved in their listed order. Exhibit A Motorola "Software License Agreement" Exhibit B "Payment Schedule" Exhibit C "Technical and Implementation Documents" C-1 "System Description" dated C-2 "Equipment List" dated C-3 "Statement of Work" dated C-4 "Acceptance Test Plan" or "ATP" dated C-5 "Performance Schedule" dated Exhibit D Service Statements) of Work and "Service Terms and Conditions" (if applicable) Section 2 DEFINITIONS Capitalized terms used in this Agreement have the following meanings: 2.1. "Acceptance Tests" means those tests described in the Acceptance Test Plan. 2.2. "Administrative User Credentials" means an account that has total access over the operating system, files, end user accounts and passwords at either the System level or box level. Customer's personnel with access to the Administrative User Credentials may be referred to as the Administrative User. ,,,,,,,,,. .......... ..I..I.......... ,, ,,,,,,,,,,,,,,,,,,, ///,,,,, Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 31 nroronou SOLUTIONS 2.3. "Beneficial Use" means when Customer first uses the System or a Subsystem for operational purposes (excluding training or testing). 2.4. "Confidential Information" means any information that is disclosed in written, graphic, verbal, or machine - recognizable form, and is marked, designated, or identified at the time of disclosure as being confidential or its equivalent; or if the information is in verbal form, it is identified as confidential at the time of disclosure and is confirmed in writing within thirty (30) days of the disclosure. Confidential Information does not include any information that is or becomes publicly known through no wrongful act of the receiving Party; is already known to the receiving Party without restriction when it is disclosed; is or becomes, rightfully and without breach of this Agreement, in the receiving Party's possession without any obligation restricting disclosure; is independently developed by the receiving Party without breach of this Agreement, or is explicitly approved for release by written authorization of the disclosing Party. 2.5. "Contract Price" means the price for the System, excluding applicable sales or similar taxes and freight charges. 2.6. "Effective Date" means that date upon which the last Party executes this Agreement. 2.7. "Equipment" means the equipment that Customer purchases from Motorola under this Agreement. Equipment that is part of the System is described in the Equipment List. 2.8. "Force Majeure" means an event, circumstance, or act of a third party that is beyond a Party's reasonable control (e.g., an act of God, an act of the public enemy, an act of a government entity, strikes or other labor disturbances, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, and riots). 2.9. "Infringement Claim" means a third party claim alleging that the Equipment manufactured by Motorola or the Motorola Software directly infringes a United States patent or copyright. 2.10. "Motorola Software" means Software that Motorola or its affiliated company owns. 2.11. "Non -Motorola Software" means Software that another party owns. 2.12. "Open Source Software" (also called "freeware" or "shareware") means software with either freely obtainable source code, license for modification, or permission for free distribution. .........,,,,,..,,.,,,.,..,,,.,,,,,,,,.,.,,.,,,,,,.., Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 32 SOLUT/ONS /llllllllll/lllllllllll/lllllrrrrrrrr.........................,,,,,,,,,rrrrrrriilllllllllllllllllllll/llllll 2.13. "Proprietary Rights" means the patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, mask works, know-how, and other intellectual property rights in and to the Equipment and Software, including those created or produced by Motorola under this Agreement and any corrections, bug fixes, enhancements, updates or modifications to or derivative works from the Software whether made by Motorola or another party. 2.14. "Software" means the Motorola Software and Non -Motorola Software, in object code format that is furnished with the System or Equipment. 2.15. "Specifications" means the functionality and performance requirements that are described in the Technical and Implementation Documents. 2.16. "Subsystem" means a major part of the System that performs specific functions or operations. Subsystems are described in the Technical and Implementation Documents. 2.17. "System" means the Equipment, Software, and incidental hardware and materials that are combined together into an integrated system; the System is described in the Technical and Implementation Documents. 2.18. "System Acceptance" means the Acceptance Tests have been successfully completed. 2.19. "Warranty Period" means one (1) year from the date of System Acceptance or Beneficial Use, whichever occurs first. For non -system purchase and sale transactions (such as the purchase and sale of products only or products plus incidental services), the "Warranty Period" means one (1) year from the date of shipment. Section 3 SCOPE OF AGREEMENT AND TERM 3.1. SCOPE OF WORK. Motorola will provide, install and test the System, and perform its other contractual responsibilities, all in accordance with this Agreement. Customer will perform its contractual responsibilities in accordance with this Agreement. 3.2. CHANGE ORDERS. Either Party may request changes within the general scope of this Agreement. If a requested change causes an increase or decrease in the cost or time required to perform this Agreement, the Parties will agree to an equitable adjustment of the Contract Price, Performance Schedule, or both, and will reflect the adjustment in a change order. Neither Party is obligated to perform requested changes unless both Parties execute a written change order. Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 33 M07�OROI.A SOLUTIONS lllllllllllllllllllll/llll�iiiiirrrr..........................,,,,,,,,,,rrrriiiii��lllllllllllllllllllllllll 3.3. TERM. Unless terminated in accordance with other provisions of this Agreement or extended by mutual agreement of the Parties, the term of this Agreement begins on the Effective Date and continues until the date of expiration of (i) the Warranty Period or (ii) the rights under Section 3.4 below, whichever occurs last. 3.4. ADDITIONAL EQUIPMENT OR SOFTWARE. For three (3) years after the Effective Date, Customer may order additional Equipment or Software if it is then available and related services. Each order must refer to this Agreement and must specify the pricing and delivery terms. Notwithstanding any additional or contrary terms in the order, the applicable provisions of this Agreement (except for pricing, delivery, passage of title and risk of loss to Equipment, warranty commencement, and payment terms) will govern the purchase and sale of the additional Equipment or Software. Title and risk of loss to additional Equipment will pass at shipment, warranty will commence upon delivery, and payment is due within thirty (30) days after the invoice date. Motorola will send Customer an invoice as the additional Equipment is shipped or Software is licensed. Alternatively, Customer may register with and place orders through Motorola Online ("MOL"), and this Agreement will be the "Underlying Agreement" for those MOL transactions rather than the MOL On -Line Terms and Conditions of Sale. MOL information may be found at https:// businessonline.motorolasolutions.com and the MOL telephone number is (800) 814-0601. 3.5. MAINTENANCE SERVICE. During the Warranty Period, in addition to warranty services, Motorola will provide maintenance services for the Equipment and support for the Motorola Software pursuant to the Statement of Work set forth in Exhibit D. Those services and support are included in the Contract Price. If Customer wishes to purchase additional maintenance and support services for the Equipment during the Warranty Period, or any maintenance and support services for the Equipment either during the Warranty Period or after the Warranty Period, the description of and pricing for the services will be set forth in a separate document. If Customer wishes to purchase extended support for the Motorola Software after the Warranty Period, it may do so by ordering software maintenance or upgrade services. Unless otherwise agreed by the Parties in writing, the terms and conditions applicable to the maintenance, support or software services will be Motorola's standard Service Terms and Conditions, together with the appropriate statements of work. 3.6. MOTOROLA SOFTWARE. Any Motorola Software, including subsequent releases, is licensed to Customer solely in accordance with the Software License Agreement. Customer hereby accepts and agrees to abide by all of the terms and restrictions of the Software License Agreement. 3.7. NON -MOTOROLA SOFTWARE. Any Non -Motorola Software is licensed to Customer in accordance with the standard license, terms, and restrictions of the copyright owner on the Effective Date unless the copyright owner has granted to Motorola the right to sublicense the Non -Motorola Software pursuant to the Software License Agreement, in which case it applies and the copyright owner will have all of Licensor's rights and protections under the Software License Agreement. Motorola makes no representations or warranties of any kind regarding Non -Motorola Software. Non -Motorola Software may include Open Source Software. All Open Source Software is licensed to Customer in accordance with, and Customer agrees to abide by, the provisions of the standard license of the copyright owner and not the Software License Agreement Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 34 MOTOROLA SOLVPONS llllllllllllllllllll/l/lllliiiiiirrr................... ...........,,,,,,rrrrriiiilll11///l1/lllllll/lllllllll 3.8. SUBSTITUTIONS. At no additional cost to Customer, Motorola may substitute any Equipment, Software, or services to be provided by Motorola, if the substitute meets or exceeds the Specifications and is of equivalent or better quality to the Customer. Any substitution will be reflected in a change order. Section 4 PERFORMANCE SCHEDULE The Parties will perform their respective responsibilities in accordance with the Performance Schedule. By executing this Agreement, Customer authorizes Motorola to proceed with contract performance. Section 5 CONTRACT PRICE, PAYMENT AND INVOICING 5.1. CONTRACT PRICE. The Contract Price in U.S. dollars is $ . Motorola has priced the services, Software, and Equipment as an integrated system. A reduction in Software or Equipment quantities, or services, may affect the overall Contract Price, including discounts if applicable. 5.2. INVOICING AND PAYMENT. Motorola will submit invoices to Customer according to the Payment Schedule. Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a wire transfer, check, or cashier's check from a U.S. financial institution. Overdue invoices will bear simple interest at the maximum allowable rate. For reference, the Federal Tax Identification Number for Motorola Solutions, Inc. is 36-1115800. 5.3.17REIGHT, TITLE, AND RISK OF LOSS. Motorola will pre -pay and add all freight charges to the invoices. Title to the Equipment will pass to Customer upon shipment. Title to Software will not pass to Customer at any time. Risk of loss will pass to Customer upon delivery of the Equipment to the Customer. Motorola will pack and ship all Equipment in accordance with good commercial practices. 5.4. INVOICING AND SHIPPING ADDRESSES. Invoices will be sent to the Customer at the following address: The address which is the ultimate destination where the Equipment will be delivered to Customer is: The Equipment will be shipped to the Customer at the following address (insert if this information is known): ........... .,,,,,,,,.,,.......... ............ .......... Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 35 MOTOROLA SOLUTIONS Customer may change this information by giving written notice to Motorola. Section 6 SITES AND SITE CONDITIONS 6.1. ACCESS TO SITES. Customer will provide a designated project manager, all necessary construction and building permits, zoning variances, licenses, and any other approvals that are necessary to develop or use the sites and mounting locations; and access to the work sites or vehicles identified in the Technical and Implementation Documents as reasonably requested by Motorola so that it may perform its duties in accordance with the Performance Schedule and Statement of Work. Motorola may assist Customer in the local building permit process. 6.2. SITE CONDITIONS. Customer will ensure that all work sites it provides will be safe, secure, and in compliance with all applicable industry and OSHA standards. To the extent applicable and unless the Statement of Work states to the contrary, Customer will ensure that these work sites have adequate: physical space; air conditioning and other environmental conditions; adequate and appropriate electrical power outlets, distribution, equipment and connections; and adequate telephone or other communication lines (including modem access and adequate interfacing networking capabilities), all for the installation, use and maintenance of the System. Before installing the Equipment or Software at a work site, Motorola may inspect the work site and advise Customer of any apparent deficiencies or non -conformities with the requirements of this Section. This Agreement is predicated upon normal soil conditions as defined bythe version of E.I.A. standard RS -222 in effect on the Effective Date. 6.3. SITE ISSUES. If a Party determines that the sites identified in the Technical and Implementation Documents are no longer available or desired, or if subsurface, structural, adverse environmental or latent conditions at any site differ from those indicated in the Technical and Implementation Documents, the Parties will promptly investigate the conditions and will select replacement sites or adjust the installation plans and Specifications as necessary. If change in sites or adjustment to the installation plans and Specifications causes a change in the cost or time to perform, the Parties will equitably amend the Contract Price, Performance Schedule, or both, by a change order. Section 7 TRAINING Any training to be provided by Motorola to Customer will be described in the Statement of Work. Customer will notify Motorola immediately if a date change for a scheduled training program is required. If Motorola incurs additional costs because Customer reschedules a training program less than thirty (30) days before its scheduled start date, Motorola may recover these additional costs. Section 8 SYSTEM ACCEPTANCE 8.1. COMMENCEMENT OF ACCEPTANCE TESTING. Motorola will provide to Customer at least ten (10) days notice before the Acceptance Tests commence. System testing will occur only in accordance with the Acceptance Test Plan. , ,,,,,,,,,,,,,II ...... I.......I., ., ,,,,,,,,,, ,,,..,,,,.. Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 36 SOLUTIONS ll1/lllll111l!llll//ll/1���►►►►►►►►�................... ..........,,,,,,,►�►►►►►►►►� a 11/lllll/ll/lIllllllllll 8.2. SYSTEM ACCEPTANCE. System Acceptance will occur upon successful completion of the Acceptance Tests. Upon System Acceptance, the Parties will memorialize this event by promptly executing a System Acceptance Certificate. If the Acceptance Test Plan includes separate tests for individual Subsystems or phases of the System, acceptance of the individual Subsystem or phase will occur upon the successful completion of the Acceptance Tests for the Subsystem or phase, and the Parties will promptly execute an acceptance certificate for the Subsystem or phase. If Customer believes the System has failed the completed Acceptance Tests, Customer will provide to Motorola a written notice that includes the specific details of the failure. If Customer does not provide to Motorola a failure notice within thirty (30) days after completion of the Acceptance Tests, System Acceptance will be deemed to have occurred as of the completion of the Acceptance Tests. Minor omissions or variances in the System that do not materially impair the operation of the System will not postpone System Acceptance or Subsystem Acceptance, but will be corrected according to a mutually agreed punch list schedule. 8.3. BENEFICIAL USE. Motorola's ability to perform its implementation and testing responsibilities may be impeded if Customer begins using the System before System Acceptance. Therefore, Customer will not commence Beneficial Use before System Acceptance without Motorola's prior written authorization, which will not be unreasonably withheld. Motorola is not responsible for System performance deficiencies that occur during unauthorized Beneficial Use. Upon commencement of Beneficial Use, Customer assumes responsibility for the use and operation of the System. 8.4 FINAL PROJECT ACCEPTANCE. Final Project Acceptance will occur after System Acceptance when all deliverables and other work have been completed. When Final Project Acceptance occurs, the Parties will promptly memorialize this final event by means of a Final Project Acceptance Certificate. Section 9 REPRESENTATIONS AND WARRANTIES 9.1. SYSTEM FUNCTIONALITY. Motorola represents thatthe System will perform in accordance with the Specifications in all material respects. Upon System Acceptance or Beneficial Use, whichever occurs first, this System functionality representation is fulfilled. Motorola is not responsible for System performance deficiencies that are caused by ancillary equipment not furnished by Motorola which is attached to or used in connection with the System or for reasons or parties beyond Motorola's control, such as natural causes; the construction of a building that adversely affects the microwave path reliability or radio frequency (RF) coverage; the addition of frequencies at System sites that cause RF interference or intermodulation; or Customer changes to load usage or configuration outside the Specifications. 9.2. EQUIPMENT WARRANTY. During the Warranty Period, Motorola warrants that the Equipment under normal use and service will be free from material defects in materials and workmanship. If System Acceptance is delayed beyond six (6) months after shipment of the Equipment by events or causes within Customer's control, this warranty expires eighteen (18) months after the shipment of the Equipment .,,,,,,)...............................................................................................//.../ Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 37 SOLUTIONS 9.3. Motorola Software Warranty. Unless otherwise stated in the Software License Agreement, during the Warranty Period, Motorola warrants the Motorola Software in accordance with the terms of the Software License Agreement and the provisions of this Section 9 that are applicable to the Motorola Software. If System Acceptance is delayed beyond six (6) months after shipment of the Motorola Software by events or causes within Customer's control, this warranty expires eighteen (18) months after the shipment of the Motorola Software. 9.4. EXCLUSIONS TO EQUIPMENT AND MOTOROLA SOFTWARE WARRANTIES. These warranties do not apply to: (i) defects or damage resulting from: use of the Equipment or Motorola Software in other than its normal, customary, and authorized manner, accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, repair, installation, alteration, modification, or adjustment not provided or authorized in writing by Motorola; Customer's failure to comply with all applicable industry and OSHA standards; (ii) breakage of or damage to antennas unless caused directly by defects in material or workmanship; (iii) Equipment that has had the serial number removed or made illegible; (iv) batteries (because they carry their own separate limited warranty) or consumables; (v) freight costs to ship Equipment to the repair depot; (vi) scratches or other cosmetic damage to Equipment surfaces that does not affect the operation of the Equipment; and (vii) normal or customary wear and tear. 9.5. WARRANTY CLAIMS. To assert a warranty claim, Customer must notify Motorola in writing of the claim before the expiration of the Warranty Period. Upon receipt of this notice, Motorola will investigate the warranty claim. If this investigation confirms a valid warranty claim, Motorola will (at its option and at no additional charge to Customer) repair the defective Equipment or Motorola Software, replace it with the same or equivalent product, or refund the price of the defective Equipment or Motorola Software. That action will be the full extent of Motorola's liability for the warranty claim. Repaired or replaced product is warranted for the balance of the original applicable warranty period. All replaced products or parts will become the property of Motorola. 9.6. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the original user purchasing the System for commercial, industrial, or governmental use only, and are not assignable or transferable. 9.7. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE WARRANTIES FOR THE EQUIPMENT AND MOTOROLA SOFTWARE PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DELAYS 10.1. FORCE MAJEURE. Neither Party will be liable for its non-performance or delayed performance if caused by a Force Majeure. A Party that becomes aware of a Force Majeure that will significantly delay performance will notify the other Party promptly (but in no event later than fifteen days) after it discovers the Force Majeure. If a Force Majeure occurs, the Parties will execute a change order to extend the Performance Schedule for a time period that is reasonable under the circumstances. ,,,,,,,,,,,,,,,,,,,,,,,.. .............1II........ I.....IIIIIII.. Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 38 MOTOROLA SOLUTIONS 10.2. PERFORMANCE SCHEDULE DELAYS CAUSED BY CUSTOMER. If Customer (including its other contractors) delays the Performance Schedule, it will make the promised payments according to the Payment Schedule as if no delay occurred; and the Parties will execute a change order to extend the Performance Schedule and, if requested, compensate Motorola for all reasonable charges incurred because of the delay. Delay charges may include costs incurred by Motorola or its subcontractors for additional freight, warehousing and handling of Equipment; extension of the warranties; travel; suspending and re -mobilizing the work; additional engineering, project management, and standby time calculated atthen current rates; and preparing and implementing an alternative implementation plan. Section 11 DISPUTES The Parties will use the following procedure to address any dispute arising under this Agreement (a "Dispute"). 11.1. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the laws of the State in which the System is installed. 11.2. NEGOTIATION. Either Party may initiate the Dispute resolution procedures by sending a notice of Dispute ("Notice of Dispute"). The Parties will attempt to resolve the Dispute promptly through good faith negotiations, including timely escalation of the Dispute to executives who have authority to settle the Dispute and who are at a higher level of management than the persons with direct responsibility for the matter and direct communication between the executives. If the Dispute has not been resolved within ten (10) days from the Notice of Dispute, the Parties will proceed to mediation. 11.3 MEDIATION. The Parties will choose an independent mediator within thirty (30) days of a notice to mediate from either Party ("Notice of Mediation"). A Party may not unreasonably withhold consent to the mediator selection. If the Parties are unable to agree upon a mediator, either Parry may request that American Arbitration Association nominate a mediator. Each Party will bear its own costs of mediation, but the Parties will share the cost of the mediator equally. Each Party will participate in the mediation in good faith and will be represented at the mediation by an executive with authority to settle the Dispute. 11.4. LITIGATION, VENUE AND JURISDICTION. If a Dispute remains unresolved for sixty (60) days after the Notice of Mediation, either Party may submit the Dispute to a court of competent jurisdiction in the state in which the System is installed. Each Party agrees to submit to the exclusive jurisdiction of the courts in such state over any claim or matter arising under or in connection with this Agreement. 11.5. CONFIDENTIALITY. All communications pursuant to subsections 11.2 and 11.3 will be treated as compromise and settlement negotiations for purposes of applicable rules of evidence and any additional confidentiality protections provided by applicable law. The use of these Dispute resolution procedures will not be construed under the doctrines of laches, waiver or estoppel to affect adversely the rights of either Parry. ,,,,,,,,,,,,,,,,.....- ...... ....,,.... off ..... .......111..1..1..1.... .1.... Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 39 MOTOROLA SOLUTIONS Section 12 DEFAULT AND TERMINATION 12.1 DEFAULT BY A PARTY. If either Party fails to perform a material obligation under this Agreement, the other Party may consider the non-performing Party to be in default (unless a Force Majeure causes the failure) and may assert a default claim by giving the non-performing Party a written and detailed notice of default. Except for a default by Customer for failing to pay any amount when due under this Agreement which must be cured immediately, the defaulting Party will have thirty (30) days after receipt of the notice of default to either cure the default or, if the default is not curable within thirty (30) days, provide a written cure plan. The defaulting Party will begin implementing the cure plan immediately after receipt of notice by the other Party that it approves the plan. If Customer is the defaulting Party, Motorola may stop work on the project until it approves the Customer's cure plan. 12.2. FAILURE TO CURE. If a defaulting Party fails to cure the default as provided above in Section 12.1, unless otherwise agreed in writing, the non -defaulting Party may terminate any unfulfilled portion of this Agreement. In the event of termination for default, the defaulting Party will promptly return to the non -defaulting Party any of its Confidential Information. If Customer is the non -defaulting Party, terminates this Agreement as permitted by this Section, and completes the System through a third Party, Customer may as its exclusive remedy recover from Motorola reasonable costs incurred to complete the System to a capability not exceeding that specified in this Agreement less the unpaid portion of the Contract Price. Customer will mitigate damages and provide Motorola with detailed invoices substantiating the charges. Section 13 INDEMNIFICATION 13.1. GENERAL INDEMNITY BY MOTOROLA. Motorola will indemnify and hold Customer harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Customerto the extent it is caused by the negligence of Motorola, its subcontractors, or their employees or agents, while performing their duties under this Agreement, if Customer gives Motorola prompt, written notice of any the claim or suit. Customer will cooperate with Motorola in its defense or settlement of the claim or suit This section sets forth the full extent of Motorola's general indemnification of Customer from liabilities that are in any way related to Motorola's performance under this Agreement 13.2. GENERAL INDEMNITY BY CUSTOMER. Customer will indemnify and hold Motorola harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Motorola to the extent it is caused by the negligence of Customer, its other contractors, or their employees or agents, while performing their duties under this Agreement, if Motorola gives Customer prompt, written notice of any the claim or suit. Motorola will cooperate with Customer in its defense or settlement of the claim or suit. This section sets forth the full extent of Customer's general indemnification of Motorola from liabilities that are in any way related to Customer's performance underthis Agreement. 13.3. PATENT AND COPYRIGHT INFRINGEMENT. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,I........,,....,,,,,,,,,,,,I,,,,, Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 40 MOTOROLA SOLUTIONS llllllllllllllllll/lll/ll!!l/rrrrrrr.........................,,,,,,,,,,rrrrrrtttllll//lllll/ll/ll/lllll/lll 13.3.1. Motorola will defend at its expense any suit brought against Customer to the extent it is based on a third -parry claim alleging that the Equipment manufactured by Motorola or the Motorola Software ("Motorola Product") directly infringes a United States patent or copyright ("Infringement Claim"). Motorola's duties to defend and indemnify are conditioned upon: Customer promptly notifying Motorola in writing of the Infringement Claim; Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and Customer providing to Motorola cooperation and, if requested by Motorola, reasonable assistance in the defense of the Infringement Claim. In addition to Motorola's obligation to defend, and subject to the same conditions, Motorola will pay all damages finally awarded against Customer by a court of competent jurisdiction for an Infringement Claim or agreed to, in writing, by Motorola in settlement of an Infringement Claim. 13.3.2. If an Infringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola may at its option and expense: (a) procure for Customer the right to continue using the Motorola Product; (b) replace or modify the Motorola Product so that it becomes non -infringing while providing functionally equivalent performance; or (c) accept the return of the Motorola Product and grant Customer a credit for the Motorola Product, less a reasonable charge for depreciation. The depreciation amount will be calculated based upon generally accepted accounting standards. 13.3.3. Motorola will have no duty,to defend or indemnify for any Infringement Claim that is based upon: (a) the combination of the Motorola Product with any software, apparatus or device not furnished by Motorola; (b) the use of ancillary equipment or software not furnished by Motorola and that is attached to or used in connection with the Motorola Product; (c) Motorola Product designed or manufactured in accordance with Customers designs, specifications, guidelines or instructions, if the alleged infringement would not have occurred without such designs, specifications, guidelines or instructions; (d) a modification of the Motorola Product by a parry other than Motorola; (e) use of the Motorola Product in a manner for which the Motorola Product was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by Customer to install an enhancement release to the Motorola Software that is intended to correct the claimed infringement. In no event will Motorola's liability resulting from its indemnity obligation to Customer extend in any way to royalties payable on a per use basis or the Customers revenues, or any royalty basis other than a reasonable royalty based upon revenue derived by Motorola from Customer from sales or license of the infringing Motorola Product 13.3.4. This Section 13 provides Customers sole and exclusive remedies and Motorola's entire liability in the event of an Infringement Claim. Customer has no right to recover and Motorola has no obligation to provide any other or further remedies, whether under another provision of this Agreement or any other legal theory or principle; in connection with an Infringement Claim. In addition, the rights and remedies provided in this Section 13 are subject to and limited by the restrictions set forth in Section 14. Section 14 LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, indemnification, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of the Equipment, Software, or services with respect to which losses or damages are claimed. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT be liable for any commercial loss; inconvenience; loss of use, Time, DATA, GOOD WILL, Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 41 MOTOROLA SOLUTIONS REVENUEs, profits or savings; or other SPECIAL, incidental, INDIRECT, OR consequential damages IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. This limitation of liability provision survives the expiration or termination of the Agreement and applies notwithstanding any contrary provision. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. Section 15 CONFIDENTIALITY AND PROPRIETARY RIGHTS 15.1. CONFIDENTIAL INFORMATION. During the term of this Agreement, the Parties may provide each other with Confidential Information. Subject to the requirements of any applicable public records law, each Party will: maintain the confidentiality of the other Party's Confidential Information and not disclose it to any third parry, except as authorized by the disclosing Party in writing or as required by a court of competent jurisdiction; restrict disclosure of the Confidential Information to its employees who have a "need to know" and not copy or reproduce the Confidential Information; take necessary and appropriate precautions to guard the confidentiality of the Confidential Information, including informing its employees who handle the Confidential Information that it is confidential and is not to be disclosed to others, but these precautions will be at least the same degree of care that the receiving Party applies to its own confidential information and will not be less than reasonable care; and use the Confidential Information only in furtherance of the performance of this Agreement Confidential Information is and will at all times remain the property of the disclosing Party, and no grant of any proprietary rights in the Confidential Information is given or intended, including any express or implied license, other than the limited right of the recipient to use the Confidential Information in the manner and to the extent permitted by this Agreement. 15.2. PRESERVATION OF MOTOROLA'S PROPRIETARY RIGHTS. Motorola, the third party manufacturer of any Equipment, and the copyright owner of any Non -Motorola Software own and retain all of their respective Proprietary Rights in the Equipment and Software, and nothing in this Agreement is intended to restrict their Proprietary Rights. All intellectual property developed, originated, or prepared by Motorola in connection with providing to Customer the Equipment, Software, or related services remain vested exclusively in Motorola, and this Agreement does not grant to Customer any shared development rights of intellectual property. Except as explicitly provided in the Software License Agreement, Motorola does not grant to Customer, either directly or by implication, estoppel, or otherwise, any right, title or interest in Motorola's Proprietary Rights. Customer will not modify, disassemble, peel components, decompile, otherwise reverse engineer or attempt to reverse engineer, derive source code or create derivative works from, adapt, translate, merge with other software, reproduce, distribute, sublicense, sell or export the Software, or permit or encourage any third party to do so. The preceding sentence does not apply to Open Source Software which is governed by the standard license of the copyright owner. Section 16 GENERAL 16.1. TAXES. The Contract Price does not include any excise, sales, lease, use, property, or other taxes, assessments or duties, all of which will be paid by Customer except as exempt by law. If Motorola is required to pay any of these taxes, Motorola will send an invoice to Customer and Customer will pay to Motorola the amount of the taxes (including any interest and penalties) within twenty (20) days after the date of the invoice. Customer will be Use or disclosure of this proposal is subject August 11, 2x17 to the restrictions on the disclosure page. Page 42 MOTOROLA SOLUTIONS llllllllllll/llllll/l//!!!l���IIIIIt, I ................_ . ......... ...,,,,,, III ii�iil!!Il/lllll/1///l!l/!llllll solely responsible for reporting the Equipment for personal property tax purposes, and Motorola will be solely responsible for reporting taxes on its income or net worth. 16.2. ASSIGNABILITY AND SUBCONTRACTING. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business"), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 16.3 WAIVER. Failure or delay by either Parry to exercise a right or power under this Agreement will not be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. 16.4. SEVERABILITY. If a court having jurisdiction finds any part of this Agreement to be invalid or unenforceable, that part will be severed and the remainder will continue in full force and effect. 16.5. INDEPENDENT CONTRACTORS. Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership or formal business organization of any kind. 16.6. HEADINGS AND SECTION REFERENCES. The section headings in this Agreement are inserted only for convenience and are not to be construed as part of this Agreement or as a limitation of the scope of the particular section to which the heading refers. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party. 16.7. ENTIRE AGREEMENT. This Agreement, including all Exhibits, constitutes the entire agreement of the Parties regarding the subject matter of the Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature shall be treated as and shall have the same effect as an original signature. In addition, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. This111111 Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 43 •rotor�ou SOLUTIONS Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any Customer purchase order, acknowledgment or other form will not be considered an amendment or modification of this Agreement, even if a representative of each Party signs that document. 16.8. NOTICES. Notices required under this Agreement to be given by one Party to the other must be in writing and either personally delivered or sent to the address shown below by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as Federal Express or UPS), or by facsimile with correct answerback received, and will be effective upon receipt: Motorola Solutions, Inc. Customer Attn: fax: fax: Attn: 16.9. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal, state, and local laws, regulations and rules concerning the performance of this Agreement or use of the System. Customer will obtain and comply with all Federal Communications Commission ("FCC") licenses and authorizations required for the installation, operation and use of the System before the scheduled installation of the Equipment Although Motorola might assist Customer in the preparation of its FCC license applications, neither Motorola nor any of its employees is an agent or representative of Customer in FCC or other matters. 16.10. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that it has obtained all necessary approvals, consents and authorizations to enter into this Agreement and to perform its duties under this Agreement; the person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this Agreement by the Parties, it is a valid and binding contract, enforceable in accordance with its terms; and the execution, delivery, and performance of this Agreement does not violate any bylaw, charter, regulation, law or any other governing authority of the Party. 16.11. ADMINISTRATOR LEVEL ACCOUNT ACCESS. Motorola will provide Customer with Administrative User Credentials. Customer agrees to only grant Administrative User Credentials to those personnel with the training or experience to correctly use the access. Customer is responsible for protecting Administrative User Credentials from disclosure and maintaining Credential validity by, among other things, updating passwords when required. Customer may be asked to provide valid Administrative User Credentials when in contact with Motorola System support Customer understands that changes made as the Administrative User can significantly impact the performance of the System. Customer agrees that it will be solely responsible for any negative impact on the System or its users by any such changes. System issues occurring as a result of changes made by an Administrative User may impact Motorola's ability to perform its obligations under the Agreement or its Maintenance and Support Agreement In such cases, a revision to the appropriate provisions of the Agreement, including the Statement of Work, may be necessary. To the extent Motorola provides assistance to correct any issues caused by or arising out of the use of or ,,,,,,,,,,.. ....... ..,.,,,,.,,,,,... Use or disclosure of this proposal is subject August 11, 211117 to the restrictions on the disclosure page. Page 44 MOTOROLA SOLUTIONS Illllllllll/!llllllllllll///��r�rrrrr.............................,,,,.,rrrrrrr���/l//l/llllllll/llll/lllllll failure to maintain Administrative User Credentials, Motorola will be entitled to bill Customer and Customer will pay Motorola on a time and materials basis for resolving the issue. 16.12. SURVIVAL OF TERMS. The following provisions will survive the expiration or termination of this Agreement for any reason: Section 3.6 (Motorola Software); Section 3.7 (Non -Motorola Software); if any payment obligations exist, Sections 5.1 and 5.2 (Contract Price and Invoicing and Payment); Subsection 9.7 (Disclaimer of Implied Warranties); Section 11 (Disputes); Section 14 (Limitation of Liability); and Section 15 (Confidentiality and Proprietary Rights); and all of the General provisions in Section 16. The Parties hereby enter into this Agreement as of the Effective Date. Motorola Solutions, Inc. Customer By: By: _ Name: Name: Title: Date: Title: Date: EXHIBIT A SOFTWARE LICENSE AGREEMENT ,,,,,,,,,,,_........ .....I...... I.....I Use or disclosure of this proposal is subiect August 11, 2017 to the restrictions on the disclosure page. Page 45 SOLUTIONS This Exhibit A Software License Agreement ("Agreement") is between Motorola Solutions, Inc., ("Motorola"), and ("Licensee"). For good and valuable consideration, the parties agree as follows: Section 1 DERNMONS 1.1 "Designated Products" means products provided by Motorola to Licensee with which or for which the Software and Documentation is licensed for use. 1.2 "Documentation" means product and software documentation that specifies technical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which such information is provided). 1.3 "Open Source Software" means software with either freely obtainable source code, license for modification, or permission for free distribution. 1.4 "Open Source Software License" means the terms or conditions under which the Open Source Software is licensed. 1.5 "Primary Agreement" means the agreement to which this exhibit is attached. 1.6 "Security Vulnerability" means a flaw or weakness in system security procedures, design, implementation, or internal controls that could be exercised (accidentally triggered or intentionally exploited) and result in a security breach such that data is compromised, manipulated or stolen or the system damaged. 1.7 "Software" (i) means proprietary software in object code format, and adaptations, translations, de - compilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain one or more items of software owned by a third parry supplier. The term 'Software' does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement. Section 2 SCOPE Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 46 wros�orrou SOLUTIONS llllllllllllllllllllllll���iiiiii��..................._ 11 .......,,,,,,,,,,,,����i a "till///llllllllllllllllllll Motorola and Licensee enter into this Agreement in connection with Motorola's delivery of certain proprietary Software or products containing embedded or pre -loaded proprietary Software, or both. This Agreement contains the terms and conditions of the license Motorola is providing to Licensee, and Licensee's use of the Software and Documentation. Section 3 GRANT OF LICENSE 3.1. Subject to the provisions of this Agreement and the payment of applicable license fees, Motorola grants to Licensee a personal, limited, non -transferable (except as permitted in Section 7) and non-exclusive license under Motorola's copyrights and Confidential Information (as defined in the Primary Agreement) embodied in the Software to use the Software, in object code form, and the Documentation solely in connection with Licensee's use of the Designated Products. This Agreement does not grant any rights to source code. 3.2. If the Software licensed under this Agreement contains or is derived from Open Source Software, the terms and conditions governing the use of such Open Source Software are in the Open Source Software Licenses of the copyright owner and not this Agreement. If there is a conflict between the terms and conditions of this Agreement and the terms and conditions of the Open Source Software Licenses governing Licensee's use of the Open Source Software, the terms and conditions of the license grant of the applicable Open Source Software Licenses will take precedence over the license grants in this Agreement If requested by Licensee, Motorola will use commercially reasonable efforts to: (i) determine whether any Open Source Software is provided under this Agreement (ii) identify the Open Source Software and provide Licensee a copy of the applicable Open Source Software License (or specify where that license may be found); and, (iii) provide Licensee a copy of the Open Source Software source code, without charge, if it is publicly available (although distribution fees may be applicable). Section 4 LIMITATIONS ON USE 4.1. Licensee may use the Software only for Licensee's internal business purposes and only in accordance with the Documentation. Any other use of the Software is strictly prohibited. Without limiting the general nature of these restrictions, Licensee will not make the Software available for use by third parties on a "time sharing; 'application service provider," or "service bureau" basis or for any other similar commercial rental or sharing arrangement. 4.2. Licensee will not, and will not allow or enable any third party to: (i) reverse engineer, disassemble, peel components, decompile, reprogram or otherwise reduce the Software or any portion to a human perceptible form or otherwise attempt to recreate the source code; (ii) modify, adapt, create derivative works of, or merge the Software; (iii) copy, reproduce, distribute, lend, or lease the Software or Documentation to any third party, grant any sublicense or other rights in the Software or Documentation to any third party, or take any action that would cause the Software or Documentation to be placed in the public domain; (iv) remove, or in any way alter or obscure, any copyright notice or other notice of Motorola's proprietary rights; (v) provide, copy, transmit, disclose, divulge or make the Software or Documentation available to, or permit the use of the Software by any third party or on any machine except as expressly authorized by this Agreement; or (vi) use, or permit the use of, the Software in a manner that would result in the production of a copy of the Software solely by activating a machine containing the Software. Licensee may make one copy of Software to be used solely for archival, back-up, or disaster recovery purposes; provided that Licensee may not operate that copy of the Software at the same time as the original Software is being operated. Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 47 MOTOROLA SOLUTIONS lllll/lllllllllllllll///►►►r►rrrrr,,,,,1............. _.......,,,,,,,,,,r,rrrrr►►►►/I/lllll//l//lllllll/lll Licensee may make as many copies of the Documentation as it may reasonably require for the internal use of the Software. 4.3. Unless otherwise authorized by Motorola in writing, Licensee will not, and will not enable or allow any third parry to: (i) install a licensed copy of the Software on more than one unit of a Designated Product; or (ii) copy onto or transfer Software installed in one unit of a Designated Product onto one other device. Licensee may temporarily transfer Software installed on a Designated Product to another device if the Designated Product is inoperable or malfunctioning, if Licensee provides written notice to Motorola of the temporary transfer and identifies the device on which the Software is transferred. Temporary transfer of the Software to another device must be discontinued when the original Designated Product is returned to operation and the Software must be removed from the other device. Licensee must provide prompt written notice to Motorola at the time temporary transfer is discontinued. 4.4. When using Motorola's Radio Service Software ('RSS*), Licensee must purchase a separate license for each location at which Licensee uses RSS. Licensee's use of RSS at a licensed location does not entitle Licensee to use or access RSS remotely. Licensee may make one copy of RSS for each licensed location. Licensee shall provide Motorola with a list of all locations at which Licensee uses or intends to use RSS upon Motorola's request 4.5. Licensee will maintain, during the term of this Agreement and for a period of two years thereafter, accurate records relating to this license grant to verify compliance with this Agreement. Motorola or an independent third party ("Auditor") may inspect Licensee's premises, books and records, upon reasonable prior notice to Licensee, during Licensee's normal business hours and subject to Licensee's facility and security regulations. Motorola is responsible for the payment of all expenses and costs of the Auditor. Any information obtained by Motorola and the Auditor will be kept in strict confidence by Motorola and the Auditor and used solely for the purpose of verifying Licensee's compliance with the terms of this Agreement. Section 5 OWNERSHIP AND TITLE Motorola, its licensors, and its suppliers retain all of their proprietary rights in any form in and to the Software and Documentation, including, but not limited to, all rights in patents, patent applications, inventions, copyrights, trademarks, trade secrets, trade names, and other proprietary rights in or relating to the Software and Documentation (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de -compilations, disassemblies, emulations to or derivative works from the Software or Documentation, whether made by Motorola or another party, or any improvements that result from Motorola's processes or, provision of information services). No rights are granted to Licensee under this Agreement by implication, estoppel or otherwise, except for those rights which are expressly granted to Licensee in this Agreement. All intellectual property developed, originated, or prepared by Motorola in connection with providing the Software, Designated Products, Documentation or related services, remains vested exclusively in Motorola, and Licensee will not have any shared development or other intellectual property rights. I I I I I II „ I I I I I I I I I I I I I I I I I I I I I I I I.., I I. I........................IIIIIIIII,II......,.//,,,..... 1 I.,,.,.,/, ,.,,, Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 48 MorowOLA SOLUTIONS Section 6 LIMITED WARRANTY, DISCLAIMER OF WARRANTY 6.1. The commencement date and the term of the Software warranty will be a period of ninety (90) days from Motorola's shipment of the Software (the "Warranty Period"). If Licensee is not in breach of any of its obligations under this Agreement, Motorola warrants that the unmodified Software, when used properly and in accordance with the Documentation and this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Whether a defect occurs will be determined by Motorola solely with reference to the Documentation. Motorola does not warrant that Licensee's use of the Software or the Designated Products will be uninterrupted, error -free, completely free of Security Vulnerabilities, or that the Software or the Designated Products will meet Licensee's particular requirements. Motorola makes no representations or warranties with respect to any third parry software included in the Software. 6.2 Motorola's sole obligation to Licensee and Licensee's exclusive remedy under this warranty is to use reasonable efforts to remedy any material Software defect covered by this warranty. These efforts will involve either replacing the media or attempting to correct significant, demonstrable program or documentation errors or Security Vulnerabilities. If Motorola cannot correct the defect within a reasonable time, then at Motorola's option, Motorola will replace the defective Software with functionally -equivalent Software, license to Licensee substitute Software which will accomplish the same objective, or terminate the license and refund the Licensee's paid license fee. 6.3. Warranty claims are described in the Primary Agreement. 6.4. The express warranties set forth in this Section 6 are in lieu of, and Motorola disclaims, any and all other warranties (express or implied, oral or written) with respect to the Software or Documentation, including, without limitation, any and all implied warranties of condition, title, non -infringement, merchantability, or fitness for a particular purpose or use by Licensee (whether or not Motorola knows, has reason to know, has been advised, or is otherwise aware of any such purpose or use), whether arising by law, by reason of custom or usage of trade, or by course of dealing. In addition, Motorola disclaims any warranty to any person other than Licensee with respect to the Software or Documentation. Section 7 TRANSFERS Licensee will not transfer the Software or Documentation to any third party without Motorola's prior written consent. Motorola's consent may be withheld at its discretion and may be conditioned upon transferee paying all applicable license fees and agreeing to be bound by this Agreement If the Designated Products are Motorola's radio products and Licensee transfers ownership of the Motorola radio products to a third parry, Licensee may assign its right to use the Software (other than RSS and Motorola's FLASHport® software) which is embedded in or furnished for use with the radio products and the related Documentation; providedthat Licensee transfers all copies of the Software and Documentation to the transferee, and Licensee and the transferee sign a transfer form to be provided by Motorola upon request, obligating the transferee to be bound by this Agreement. ,,,,,,,,,,,.......... ,...,II...... ,,.....I.IIIIII,..,,,,,, Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 49 MOTOR06A SOLUTIONS Section 8 TERM AND TERMINATION 8.1 Licensee's right to use the Software and Documentation will begin when the Primary Agreement is signed by both parties and will continue for the life of the Designated Products with which or for which the Software and Documentation have been provided by Motorola, unless Licensee breaches this Agreement, in which case this Agreement and Licensee's right to use the Software and Documentation may be terminated immediately upon notice by Motorola. 8.2 Within thirty (30) days after termination of this Agreement, Licensee must certify in writing to Motorola that all copies of the Software have been removed or deleted from the Designated Products and that all copies of the Software and Documentation have been returned to Motorola or destroyed by Licensee and are no longer in use by Licensee. 8.3 Licensee acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Software and Documentation and that Licensee's breach of this Agreement will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Licensee breaches this Agreement, Motorola may terminate this Agreement and be entitled to all available remedies at law or in equity (including immediate injunctive relief and repossession of all non -embedded Software and associated Documentation unless Licensee is a Federal agency of the United States Government). Section 9 UNITED STATES GOVERNMENT LICENSING PROVISIONS This Section applies if Licensee is the United States Government or a United States Government agency. Licensee's use, duplication or disclosure of the Software and Documentation under Motorola's copyrights or trade secret rights is subject to the restrictions set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19 (JUNE 1987), if applicable, unless they are being provided to the Department of Defense. If the Software and Documentation are being provided to the Department of Defense, Licensee's use, duplication, or disclosure of the Software and Documentation is subject to the restricted rights set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT 1988), if applicable. The Software and Documentation may or may not include a Restricted Rights notice, or other notice referring to this Agreement. The provisions of this Agreement will continue to apply, but only to the extent that they are consistent with the rights provided to the Licensee under the provisions of the FAR or DFARS mentioned above, as applicable to the particular procuring agency and procurement transaction. Section 10 CONFIDENTIALITY Licensee acknowledges that the Software and Documentation contain Motorola's valuable proprietary and Confidential Information and are Motorola's trade secrets, and that the provisions in the Primary Agreement concerning Confidential Information apply. Section 11 LIMITATION OF LIABILITY Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 50 0 MOTOROLA SOLUTIONS llllllllllllllllllllllllrrrrrr n IIIII II ................ .......,,,,,,,,,,II M I// The Limitation of Liability provision is described in the Primary Agreement. Section 12 NOTICES Notices are described in the Primary Agreement. Section 13 GENERAL 13.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as an admission or presumption of publication of the Software or public disclosure of any trade secrets associated with the Software. 13.2. COMPLIANCE WITH LAWS. Licensee acknowledges that the Software is subject to the laws and regulations of the United States and Licensee will comply with all applicable laws and regulations, including export laws and regulations of the United States. Licensee will not, without the prior authorization of Motorola and the appropriate governmental authority of the United States, in any form export or re-export, sell or resell, ship or reship, or divert, through direct or indirect means, any item or technical data or direct or indirect products sold or otherwise furnished to any person within any territory for which the United States Government or any of its agencies at the time of the action, requires an export license or other governmental approval. Violation of this provision is a material breach of this Agreement. 13.3. ASSIGNMENTS AND SUBCONTRACTING. Motorola may assign its rights or subcontract its obligations under this Agreement, or encumber or sell its rights in any Software, without prior notice to or consent of Licensee. 13.4. GOVERNING LAW. This Agreement is governed by the laws of the United States to the extent that they apply and otherwise by the internal substantive laws of the State to which the Software is shipped if Licensee is a sovereign government entity, or the internal substantive laws of the State of Illinois if Licensee is not a sovereign government entity. The terms of the U.N. Convention on Contracts for the International Sale of Goods do not apply. In the event that the Uniform Computer Information Transaction Act, any version of this Act, or a substantially similar law (collectively "UCITA") becomes applicable to a party's performance under this Agreement, UCITA does not govern any aspect of this Agreement or any license granted under this Agreement, or any of the parties' rights or obligations under this Agreement. The governing law will be that in effect prior to the applicability of UCITA. 13.5. THIRD PARTY BENEFICIARIES. This Agreement is entered into solely for the benefit of Motorola and Licensee. No third party has the right to make any claim or assert any right under this Agreement, and no third party is deemed a beneficiary of this Agreement Notwithstanding the foregoing, any licensor or supplier of third party software included in the Software will be a direct and intended third party beneficiary of this Agreement _........,...,,,,,....... ,,... ... ,,.,,,,,,,,,.,,..,,.,, Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 51 Q MOTOI70LA SOLUTIONS lllllllllll!l1/1/lllliii�ii,►►►,►►,� „ �........................,,,.,...,,,►,,,,►►,iiiiillllllllll/lllllllllll 13.6. SURVIVAL. Sections 4,5,6.3,7,8,9, 10, 11 and 13 survive the termination of this Agreement 13.7. ORDER OF PRECEDENCE. In the event of inconsistencies between this Exhibit and the Primary Agreement, the parties agree that this Exhibit prevails, only with respect to the specific subject matter of this Exhibit, and not the Primary Agreement or any other exhibit as it applies to any other subject matter. 13.8 SECURITY. Motorola uses reasonable means in the design and writing of its own Software and the acquisition of third party Software to limit Security Vulnerabilities. While no software can be guaranteed to be free from Security Vulnerabilities, if a Security Vulnerability is discovered, Motorola will take the steps set forth in Section 6 of this Agreement. .......... .,,..,...... I......IIII.III.IIIIIIII Use or disclosure of this proposal is subject August 11, 2017 to the restrictions on the disclosure page. Page 52 Attachment #2 Attachment #2 Quote Number: QU0000419468 0 MOTOROLA SOLUTIONS Effective: 23 OCT 2017 Effective To: 22 DEC 2017 Bill -To: Ultimate Destination: BALDWIN PARK POLICE DEPT, CITY OF BALDWIN PARK POLICE DEPT, CITY OF 14403 E PACIFIC AVE 14403 E PACIFIC AVE BALDWIN PARK, CA 91706 BALDWIN PARK, CA 91706 United States United States Attention: Name: CHRIS HOFFORD Email: chofford@baldwinpark.com Phone: 626-960-1955 Fax: 626-813-5214 Contract Number: LA COUNTY (CA) Freight terms: FOB Destination Payment terms: Net 30 Due Sales Contact: Name: Marcus Collier Email: marcus.collier@bearcom.com Phone: (310) 725-0410 Item Quantity Nomenclature Description List price Your price Extended Price 1 34 H84SDD9PW5AN APX 1000 UHF R2 MODEL 1.5 $1,391.00 $1,015.43 $34,524.62 PORTABLE la 34 QA04096AA ENH: P25 TRUNKING $1,070.00 $781.10 $26,557.40 lb 34 QA05100AA ENH:STD WARRANTY APPLIES -NO - - SFS lc 34 G996AZ ADD: PROGRAMMING OVER P25 $100.00 $73.00 $2,482.00 (OTAP) Id 34 Q698AA ADD: 2.5 INCH BELT CLIP $12.00 $8.76 $297.84 2 34 NNTN7616D CHR DO VEH EXT EU $380.00 $304.00 $10,336.00 Estimated Tax Amount Total Quote in USD LA COUNTY CONTRACT $7,048.80 $81,246.66 PO Issued to Motorola Solutions Inc. must: >Be a valid Purchase Order (PO)/Contract/Notice to Proceed on Company Letterhead. Note: Purchase Requisitions cannot be accepted >Have a PO Number/Contract Number & Date >Identify "Motorola Solutions Inc." as the Vendor >Have Payment Terms or Contract Number >Be issued in the Legal Entity's Name >Include a Bill -To Address with a Contact Name and Phone Number >Include a Ship -To Address with a Contact Name and Phone Number >Include an Ultimate Address (only if different than the Ship -To) >Be Greater than or Equal to the Value of the Order >Be in a Non -Editable Format >Identify Tax Exemption Status (where applicable) >Include a Signature (as Required) Attachment #3 Attachment #4 B MCOM® Wireless Worldwide Customer/Prospect Number 750867 CITY OF BALDWIN PARK 14403 E PACIFIC AVE BALDWIN PARK CA 91706 Attachment #4 11/01/17 16:36:13 Page - 1 Recommendation Quote Date: 11/01/17 Branch 20390 Quote Number: 300907 Ship To 750867 CITY OF BALDWIN PARK PD 14403 PACIFIC AVE BALDWIN PARK CA 91706-4226 Customer Contact: CHRIS HOFFORD Email: CHOFFORD@BALDWINPARKCOM Phone Number: 626 960-1955 Delivery Instr• Parc Quantity Number 155 PROGRAMMING PROGRAMMING CHARGE SOFTWARE UPGRADE Quote valid until 02!28!18 Confidential and Proprietary R Customer Signature Unit Extended Price Price 50.00 7,750.00 Sub Total 7,750.00 Shipping and Handling TBD Tax TBD Total 7,750.0 Marcus Collier REDONDO BEACH Branch Office: 800-750-7234 Account Executive FAX: 310-643-8166 Marcus.Collier@Bearcom.com LABOR TO PERFORM HOST/DSP SOFTWARE UPGRADE ON BOTH PORTABLES AND MOBILES FOR THE PD. Visit our Web site at: www.BearCom.com two) No$ it n"o ITEM NO. 3 TO: Honorable Mayor and Members of the City Council T,� .' FROM: Sam Gutierrez, Director of Public Works DATE: August 5, 2020 VAL:LE1*,,; SUBJECT: Accept and Authorize the Filing of a Notice of Completion for JANO City Project CIP No. 20-88 — Upgrades to the Existing Park Signs at Morgan Park and the Baldwin Park Teen Center SUMMARY This item will accept completed work for City Project No. CIP20-88 - Upgrades to the Existing Park Signs at Morgan Park and the Baldwin Park Teen Center, close the contract for work related to the improvements and authorize a filing of a Notice of Completion (NOC) with the County Recorder's Office. The item will authorize the close of contracts with Outdoor Dimensions LLC for the completed work including the upgrades to the existing structures, installation of digital video board displays and adjacent up -lighting improvements. RECOMMENDATION It is recommended that the City Council: 1. Accept the construction improvements by Outdoor Dimensions LLC and authorize the recordation of a Notice of Completion; and 2. Authorize Staff to release retention funds upon the expiration of the 35 -day notice period; and 3. Authorize the Finance Director to appropriate $217.07 to cover the remaining cost of the project. FISCAL IMPACT The total FY19-20 approved CIP budget for the project is $250,000. Approved Budget Amount FY19-20 CIP 20-88 Upgrades to the Existing Park Signs at Morgan Park and the Baldwin Park Teen Center $250,000.00 Total Funding $250,000.00 Administrative Budget Appropriation Amount From Account No. 234 Park Fees To Account No. 234-60-620-58100- $217.07 (Quimby Fees) 16212 $250,217.07 Total Transfer Amount $217.07 Construction Costs Amount Construction Contract including contingency $250,000.00 Change Orders $217.07 Total Project Costs $250,217.07 BACKGROUND The Park Signs at Morgan Park and the Teen Center serve to provide the public with information and news about the City's programs and events. Both signs are placed prominently at the gateway entrances to the parks. Over the years, the signs have weathered and endured significant wear and tear and are in need of refurbishment. In Particular, the electronic video boards are comprised of obsolete technology that does not hold up well to today's standards. The improvements included upgrades the existing park signs to the latest available high-resolution electronic digital video displays technology and architectural upgrades to the structures. Refurbishment work included adding decorative cap, stacked stone veneer, re -stucco of existing structure, extruded metal lettering and accent lighting. The improvements of these signs were developed in conjunction with the Downtown Beautification initiative that incorporates a collection of several Capital Improvement Projects (CIP) focused on enhancing the City's Downtown area to create a visual representation of the Baldwin Park community. This is in-line with the City Council's goals and objectives that call for the development of a city-wide branding plan that incorporates standard design elements with a unifying theme that reflects the image of Baldwin Park. DISCUSSION On December 4, 2019, the City Council awarded construction contracts to Outdoor Dimensions LLC to complete the design, fabrication and installation of upgrades to the existing the signs at Morgan Park and the Baldwin Park Teen Center, including installation of two (2) new electrical video board displays, new architectural elements and lighting. With a total construction budget of $250,000 including contingency, the budget did not cover the total construction cost due to several changes addressing unforeseen and additional work items to complete the project. Change orders were executed for the site investigation and digging around the existing Morgan Park Sign to determine the size of the existing footings. The total construction costs were $250,217.07 including change orders. To complete the project close- out, an administrative budget transfer of $217.07 is required. The transfer will be from unspent funds in the FY19-20 operations budget. Staff recommends that the City Council approve the budget transfer and accept the improvements and authorize staff to file a Notice of Completion. LEGAL REVIEW Not Required. ATTACHMENTS 1. Notice of Completion RECORDING REQUESTED BY: CITY OF BALDWIN PARK When Recorded Return To: Name: CITY OF BALDWIN PARK Address: 14403 East Pacific Avenue Baldwin Park CA 91706 SPACE ABOVE THIS LINE FOR RECORDER'S USE APN: N/A NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. A certain work of improvement on the property hereinafter described and known as: City Project No. CIP20-88 Upgrades to the Existing Park Signs at Morgan Park and the Baldwin Park Teen Center Proiect, for the City of Baldwin Park and was ACCEPTED by the City Council on: August 5, 2020. 2. The FULL NAME of the OWNER is City of Baldwin Park 3. The FULL ADDRESS of the OWNER is 14403 E. Pacific Avenue, Baldwin Park, CA 91706 4. A work of improvement on the property hereinafter described was COMPLETED on July 13, 2020 5. The work of improvement completed is described as follows: City Project No. CIP20-88 Upgrades to the Existing Park Signs at Morgan Park and the Baldwin Park Teen Center Project 6. THE NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is Outdoor Dimensions LLC 7. The street address or location of said property is Morgan Park at 4100 Baldwin Park Blvd, Baldwin Park, CA 91706 and Teen Center at 15010 Badillo St Baldwin Park CA 91706 The undersigned, being duly sworn, is the Public Works for the City of Baldwin Park, makes this verification on behalf of said entity, has read the foregoing and knows the contents thereof, and that the facts stated herein are true. JR John Beshay, Engineering Manager Executed in the City of Baldwin Park Date: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date Signature Sam Gutierrez, Director of Public Works City of Baldwin Park, City Hall Place of Execution ITEM NO. 4 TO: Honorable Mayor and Members of the City Council ,HU OF" ?! FROM: Benjamin Martinez, Community Development Director • "SA 6 s l Shannon Yauchzee, Chief Executive Officer � DATE: August 5, 2020 SUBJECT: California Choice Energy Authority Entering into a Long -Term Renewable Energy Contract SUMMARY This report seeks City Council approval for California Choice Energy Authority ("CalChoice") to enter into a long-term renewable energy contract with Sierra Pacific Industries ("SPI") on behalf of Baldwin Park Resident Owned Utility District ("B -PROUD"). RECOMMENDATION Staff recommends that Council approve CalChoice entering into a long-term renewable energy contract with SPI on behalf of B -PROUD. FISCAL IMPACT Not to exceed $ 241,928.40 over ten (10) years beginning in January 2021. There will be sufficient revenues generated from B -PROUD to cover operating expenses, including power procurement. BACKGROUND On April 17, 2019, City Council adopted Resolution No. 2019-016 authorizing the City to enter into an Administrative Services Agreement with CalChoice to, among other things, negotiate CalChoice's entry into contracts for energy and energy related products on behalf of B -PROUD. Additionally, the Resolution authorized the Chief Executive Officer to enter into the Security, Intercreditor and Collateral Agency, and Deposit Account Agreements, which set up a secured deposit account and collateral for energy purchases and to provide protections for the Baldwin Park General Fund. The collateral in the secured deposit account is generated by the collection of revenues associated with B-PROUD's program. In October 2015, the State of California enacted SB 350, also known as The Clean Energy and Pollution Reduction Act of 2015 (the "Act"). The Act established new clean energy, clean air, and greenhouse gas reduction goals for the state. Specifically, the Act requires that all load serving entities, including CCAs enter into long-term renewable energy contracts with energy delivery to begin by the 2021 — 2024 compliance period ("Compliance Period 4"). To meet this requirement, CalChoice, on behalf of B -PROUD and its other member agencies, issued a Request for Proposals for Renewable Energy Projects in March 2020. Several wind, solar, biomass, geothermal, small hydro -electric projects were short-listed. CalChoice and its legal and technical team spent several months negotiating and finalizing commercial and contract terms on behalf its member agencies with SPI. The SPI project is a 22.77 MW project located in Northern California, with commercial delivery date of January 2021. B -PROUD will receive approximately 8% of the project output. As a condition of the contract, SPI recognizes and accepts the secured deposit account in the name of B -PROUD as credit and collateral, and no other security or credit backing by the City will be required. SPI, upon approval by B -PROUD and CalChoice, will execute a joinder to the Intercreditor and Collateral Agency Agreement, ensuring protection of the City's general fund. With the execution of this contract, which fulfills a portion of B-PROUD's long-term renewable energy contracting requirement, B -PROUD will have contracted for a total of 10% of its state mandated obligation for Compliance Period 4. As such, staff will be returning in upcoming months with additional contract approval requests. ALTERNATIVES The alternative is to not approve the staff recommendation potentially resulting in B -PROUD not meeting state mandated long-term renewable energy contracting obligations. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Power Purchase Agreement BALDWIN PARK FINAL CONFIRMATION LONG-TERM CONTRACT FOR PCC3 RECS THIS CONFIRMATION FOR LONG-TERM CONTRACT FOR PCC3 RECS (this "Confirmation") is entered into this 30th day of June, 2020 (`Effective Date"), by and between California Choice Energy Authority, a California joint powers authority on behalf of City of Baldwin. Park, a California municipal corporation and general law city, d/b/a Baldwin Park Resident Owned Utility District ("CalChoice" or `Bum") and Sierra Pacific Industries ("SPI" or "Seller"), each referred to herein individually as a "Party" and collectively as the "Parties", regarding the purchase and sale of the Product (as defined below) under the terms and conditions herein (the "Transaction"). Capitalized terms used in this Confirmation and not defined herein have the meaning assigned thereto in the Master Agreement or Schedule R (each as defined below). The Master Agreement and this Confirmation shall be collectively referred to herein as the "Agreement." WHEREAS, Buyer is subject to Section 399.13(b) of the California Public Utilities Code, which requires all California load -serving entities (LSEs) to meet sixty-five percent (65%) of their California Renewables Portfolio Standard (RPS) obligations with supply contracts of ten years or longer. NOW, THEREFORE, in consideration of the mutual covenants and agreements in this Confirmation and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows: Master Agreement: This Confirmation shall be governed by the terms and conditions of the W SPP Agreement, version dated January 25, 2020, promulgated by WSPP, Inc. (the "Master Agreement"), such terms and conditions are incorporated by reference as if fully set forth in this Confirmation, including but not limited to Schedule R of the Master Agreement ("Schedule R"). The Master Agreement, including Schedule R, shall govern this REC Transaction, except as modified in this Confirmation. References herein to sections in Schedule R shall appear, for example, as "Section R-2.3.4". References in Schedule R to "Renewable Energy Facility" shall be interpreted as references to a Project (as defined below in this Confirmation). Product: As used herein, "Product" shall mean Portfolio Content Category 3 ("PCC 3") RECs generated by a Project that meet the requirements of the Applicable Program and this Confirmation and which shall be subject to the requirements of a Resource Contingent REC as described in Section R-2.3.3 of Schedule R. Environmental Attributes: The Environmental Attributes conveyed under this Confirmation as part of the Product are All Attributes, including all Environmental Attributes required under the Applicable Program (as defined in the Definitions section hereof). Project: As used herein, "Project" shall mean one or more of the renewable energy generating facilities listed in. Exhibit A, which shall be referred to collectively as the "Protects". Delivery Term: "Delivery Term" means the period from January 1, 2021 through December 31, 2030, and shall continue through the completion of the payment of amounts due pursuant to this Confirmation and the transfer of all. RECs to Buyer through WREGIS. Contract Quantity: The amount of Product to be supplied for each calendar year of the Delivery Term shall be equal to the lesser of (a) 1.1,620 MWh or (b) eight and three -tenths percent (8.30%) of the total aggregate output (in MWh) of the Projects for such calendar year (the "Contract Quantity"). BALDWIN PARK FINAL Contract Price: The price for each MWh (i.e., per REC) of Product conveyed to Buyer in accordance with the terms of this Confirmation is set forth in Exhibit B (the "Contract Price"). REC Transfer: During the Delivery Term, Seller shall transfer the RECs to Buyer's WREGIS account (Buyer's WREGIS Account Holder Name and Account ID: To be provided to Seller upon account set up). Invoicing and Payment: During the Delivery Term, once per quarter, Seller will invoice Buyer for an amount equal to the product of (a) the Contract Price and (b) the portion of the Contract Quantity delivered to Buyer, as evidenced by the quantity of WREGIS Certificates transferred to Buyer's WREGIS account by Seller. Buyer shall make payment to Seller by wire transfer or ACH payment to the bank account provided on each monthly invoice. Buyer shall pay undisputed invoice amounts on or before the twenty-third (23'a) day of the month in which the invoice was received, provided that such invoice was received by the fifteenth (15th) day of the month, otherwise the invoice will be paid on the next month's monthly distribution date under the Security Documents (i.e., the 23' of the month). If such due date falls on a weekend or legal holiday, such due date shall be the next Business Day. Supporting Data: Because the Product is being sold by Seller to Buyer to facilitate Buyer's compliance with the California Renewables Portfolio Standard, including the requirements of Section 399.13(b) of the California Public Utilities Code and CPUC Decision D.17-06-026, Seller shall use reasonable efforts to assist Buyer, if necessary, in timely providing required data and/or documentation, as requested by jurisdictional regulatory authorities, to support Buyer's compliance. Change in Law Provisions: The REC Transaction under this Confirmation is Regulatorily Continuing as defined in Section R -5.2.2(b) of Schedule R. The Parties acknowledge that an essential purpose of this Agreement is for Purchaser to acquire Product that will satisfy Purchaser's obligations under the Applicable Program. In the event of a Change in Law in the Applicable Program, including for the avoidance of doubt any Change in Law that would prevent the Product from being used by Purchaser to meet the compliance requirements of the Applicable Program, Seller shall make commercially reasonable efforts to obtain compliance with such Change in Law, provided that Seller shall not be required to spend more than one thousand two hundred fifty dollars ($1,250) during the Delivery Term in Seller's efforts to obtain such compliance. Seller shall keep Buyer reasonably informed of its efforts to obtain compliance. If (a) it is not possible to obtain compliance without amending this Confirmation, or (b) notwithstanding Seller's efforts to obtain compliance, including expenditure by Seller of the amount specified in the preceding sentence, or if Seller cannot, or would not be able to, obtain compliance regardless of the amount of money expended, the Parties shall work in good faith to try and revise this Confirmation so that this Confirmation complies with the requirements of such Change in Law. In the event the Parties cannot reach agreement on any such amendments to this Confirmation after sixty (60) days of commencement of discussions regarding such Change in Law ("Negotiation Period"), then Purchaser may terminate this Confirmation upon written notice to Seller, which shall be effective the next Business Day after such notice is received, and any such termination shall be without further liability to either Party, subject to payment of any amounts owing between the Parties prior to such termination. 2 BALDWIN PARK FINAL SPECIAL PROVISIONS: A. Non -Modifiable Standard Terms and Conditions (1) Eligibility: Seller, and, if applicable, its successors, represents and warrants that throughout the Delivery Term of this Agreement that: (i) the Project qualifies and is certified by the CEC as an Eligible Renewable Energy Resource ("ERR") as such term is defined in Public Utilities Code Section 399.12 or Section 399.16; and (ii) the Project's output delivered to Buyer qualifies under the requirements of the California Renewables Portfolio Standard. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law. [STC 6, Non -Modifiable. (Source: D.07-11-025, Attachment A.) D.08-04-0091 (2) Applicable Law: Governing Law. This Agreement and the rights and duties of the Parties hereunder shall be governed by and construed, enforced and performed in accordance with the laws of the state of California, without regard to principles of conflicts of law. To the extent enforceable at such time, each Party waives its respective right to any jury trial with respect to any litigation arising under or in connection with this Agreement. [STC 17, Non -Modifiable. (Source: D.07-11-025, Attachment A) D.08-04-0091 (3) Transfer of Renewable Energy Credits: Seller and, if applicable, its successors, represents and warrants that throughout the Delivery Term of this Agreement the renewable energy credits transferred to Buyer conform to the definition and attributes required for compliance with the California Renewables Portfolio Standard, as set forth in California Public Utilities Commission Decision 08-08-028, and as may be modified by subsequent decision of the California Public Utilities Commission or by subsequent legislation. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law. [STC REC-1, Non -modifiable. D.11-01-025] (4) Tracking of RECs in WREGIS: Seller warrants that all necessary steps to allow the Renewable Energy Credits transferred to Buyer to be tracked in the Western Renewable Energy Generation Information System will be taken prior to the first delivery under the contract. [STC REC-2, Non -modifiable. D.11-01-025] B. Additional Terms and Conditions (1) Seller Representations and Warranties. Seller represents and warrants: (a) Seller is the owner of the Projects and all Product delivered under this Confirmation to Buyer shall have been produced by the Projects; (b) As of both Delivery and passage of title, Seller has and conveys to Buyer all right, title, interest in and to the REC and all Environmental Attributes underlying the REC, and the exclusive right to any and all Reporting Rights Seller may have in or to the REC and Environmental Attributes, free and clear of any liens, security interests, or other encumbrances of any kind whatsoever; (c) Seller has not sold the Product to be transferred to Buyer to a third party; and (d) the Product meets the requirements set forth in PUC Code 399.16(b)(3) and the RPS compliance requirements for Portfolio Content Category 3 as set forth in CPUC Decision 11-12-052. (2) Buyer Representations and Warranties. Buyer represents and warrants that Buyer has taken all necessary steps to establish a WREGIS account to receive the RECs to be transferred from Seller to Buyer prior to the first delivery under this Confirmation. BALDWIN PARK FINAL (3) Assignment. Buyer may assign its interest in this Confirmation to City of Baldwin Park, a California municipal corporation and general law city in furtherance of its Baldwin Park Resident Owned Utility District program ("City of Baldwin Park") without Seller's consent, provided that (i) City of Baldwin Park and this Agreement are still subject to the Security Documents or (ii) City of Baldwin Park has provided other performance assurance reasonably acceptable to Seller. C. Amendments to The Master Agreement; Additional Provisions (1) Confidentiality. (a) Section 30, Confidentiality, of the Master Agreement is amended for purposes of this Confirmation by inserting at the end of Section 30.1(6) prior to the semicolon the following: "or to Deliver RECs pursuant to the requirements of WREGIS". (b) Each Party recognizes that this Confirmation is subject to the requirements of the California Public Records Act (Government Code Section 6250 et seq.). (2) Credit Requirements. The Parties agree and acknowledge that this Confirmation is subject to the Security Agreement dated as of June 10, 2020, between. City of Baldwin Park, as pledgor, and River City Bank, a California corporation, not in its individual capacity, but solely as Collateral Agent ("Security Agreement"), and all obligations hereunder are Obligations as defined in such Security Agreement, and that the Security Agreement is incorporated into this Agreement by reference. In accordance with the Security Documents, City of Baldwin Park shall ensure that SCE deposits into a lockbox account, all of the proceeds of all of the Customer account receipts (net of the amounts to be paid to SCE) received from the sale of the Product to the Customers. SPI shall receive, in accordance with the Security Documents, payments for its invoices due and payable from such lockbox. Except as provided in the foregoing, Section 27 of the Master Agreement is not applicable to, and credit support is not required for Buyer under this Confirmation. Buyer's obligation to make payments hereunder are to be made solely from the lockbox and obligations to make payments hereunder do not constitute any kind of indebtedness of Buyer or create any kind of lien on, or security interest in, any property or revenues of Buyer. (3) Counterparts. This Confirmation may be signed in any number of counterparts with the same effect as if the signatures to the counterparts were upon a single instrument. The Parties may rely on electronic or scanned signatures as originals under this Confirmation. Delivery of an executed signature page of this Confirmation by electronic mail transmission (including PDF) shall be the same as delivery of a manually executed signature page. (4) Entire Agreement; No Oral Agreements or Modifications. This Confirmation sets forth the terms of the Transaction into which the Parties have entered and shall constitute the entire Agreement between the Parties relating to the contemplated purchase and sale of the Product. Notwithstanding any other provision of the Agreement, this Confirmation may only be entered into by a Documentary Writing executed by both Parties, and no amendment or modification to this Confirmation shall be enforceable except through a Documentary Writing executed by both Parties. (5) No Recourse to Members of Buy. Buyer is organized as a Joint Powers Authority in accordance with the Joint Exercise of Powers Act of the State of California (Government Code Section 6500, et seq.) and is a public entity separate from its constituent members. Buyer will solely be responsible for all debts, obligations and liabilities accruing and arising out of this Confirmation. Seller will have no rights and will not make any claims, take any actions or assert any remedies against any of Buyer's constituent members, or the officers, directors, advisors, contractors, consultants or employees of Buyer or Buyer's constituent members, in connection with this Confirmation. 11 BALDWIN PARK FINAL D. Definitions/Interpretations For purposes of this Confirmation, the following definitions shall apply: "Applicable Program" means the California Renewables Portfolio Standard. "Bum" as used herein shall have the same meaning as "Purchaser" under the Master Agreement. "California Renewables Portfolio Standard" means the renewable energy program and policies, codified in California Public Utilities Code Sections 399.11 through 399.32 and California Public Resources Code Sections 25740 through 25751, as such provisions are amended or supplemented from time to time, including without reservation the requirements of California Public Utilities Code Section 399.13(b) and CPUC Decision D.17-06-026. "CEC" means the California Energy Commission or its regulatory successor. "CPUC" means the California Public Utilities Commission or its regulatory successor. "Depositary Bank" has the meaning set forth in the Security Agreement. "FERC" means the Federal Energy Regulatory Commission or its regulatory successor. "Intercreditor and Collateral Agency Agreement" means the Intercreditor and Collateral Agency Agreement, dated as of June 10, 2020, among the Collateral Agent, City of Baldwin Park, SPI and the PPA Providers party thereto from time to time. "Secured Account" means deposit account no. ******4663 maintained in the name of City of Baldwin Park at Depositary Bank, and any replacement account. "Security Agreement" has the meaning set forth in Section C (2) of this Confirmation. "Security Documents" means, collectively, the Intercreditor and Collateral Agency Agreement, the Security Agreement and the Account Control Agreement, dated as of June 10, 2020, among the Depositary Bank, City of Baldwin Park and the Collateral Agent. "STC" stands for Standard Terms and Conditions of the CPUC relating to purchase and sales of the Product. "WECC" means the Western Electricity Coordinating Council or its successor organizations. "WREGIS" means the Western Renewable Energy Generation Information System or its successor systems. [Signatures appear on the following page.] BALDWIN PARK FINAL IN WITNESS WHEREOF, the Parties have signed this Confirmation effective as of the Effective Date. California Choice Energy Authority, a California Sierra Pacific Industries joint powers authority .............. "I .......... By, ......................................................................................................................................................... By-.......... Name: Name: Title: .................................................................................................................................................. Title: Acknowledged: City of Baldwin Park, a California municipal corporation and general law city, d/b/a Baldwin Park Resident Owned Utility District. CITY OF BALDWIN PARK By: _ Name: Title: Date: 0 BALDWIN PARK FINAL EXHIBIT A PROJECTS Facility WREGIS ID CEC RPS ID CA County CBA Anderson 2 W4675 61146A Shasta CAISO Bumey W1734 60087A Shasta CAISO Lincoln W1735 60088A Placer CAISO Quincy W1736 60089A Plumas CAISO Sonora W2842 60576A Tuolumne CAISO Exhibit A - I BALDWIN PARK FINAL EXHIBIT B CONTRACT PRICE Year Contract Price ($/MWh) 2021 $1.90 2022 $1.94 2023 $1.98 2024 $2.02 2025 $2.06 2026 $2.10 2027 $2.14 2028 $2.18 2029 $2.23 2030 $2.27 Exhibit B - 1 ITEM NO. 5 TO. Honorable Mayor and Members of the City Council F#Uo r..'` FROM: Benjamin Martinez, Community Development Director V ! DATE: August 5, 2020 ..V A I i F`d'..r.. .9, SUBJECT: Consideration of Federal CARES Act Coronavirus Relief Fund Allocation to the City of Baldwin Park in the amount of $941,494 for expenditures related to COVID-19 incurred between March 1, 2020 and December 30, 2020 SUMMARY This report seeks City Council consideration and direction regarding the $941,494 in Coronavirus Aid, Relief, and Economic Security (CARES) Act Relief Funds that have been allocated by the Federal Government to the City of Baldwin Park for expenditures related to COVID-19 incurred between March 1, 2020 to December 30, 2020. RECOMMENDATION Staff recommends that the City Council: 1. Direct staff to appropriate the $941,494 in CARES Act Relief Funds in the following manner: Senior Meals Program $150,000 Rental Assistance $300,000 Business Grants $300,000 City COVID-19 Expenditures $191,494 TOTAL $941,494 2. Direct staff to comply with State public health requirements, reporting and records retention. 3. Direct the Director of Finance to make adjustments to the FY 2020-21 budget and set up the account numbers to record all activities accordingly. FISCAL IMPACT There will be a positive impact to the City's General Fund as a portion of the grant funds will reimburse expenditures that would otherwise have been covered by the General Fund, as explained below. The $941,494 appropriation in CARES Act Relief Funds will benefit residents and businesses impacted negatively by COVID-19 with needed assistance. The appropriation will also reimburse the City of Baldwin Park for COVID-19 related expenditures to help decrease the spread of the virus and provide on-going essential services to the public. All expenditures have been or will be incurred (between March 1, 2020 and December 30, 2020) by the City of Baldwin Park and then reimbursed by the State Department of Finance through the end of this calendar year. The account number to record the receipt of $941,494 is 270-40-000-41551-17051. The Finance Department will set up the account number to record the expenditures once incurred. BACKGROUND CARES Act Relief Funds can only be used for necessary expenditures incurred due to the COVID-19 public health emergency, as follows: • Direct response • Second order effects such as economic support • Not accounted for in the most recently approved budget, except COVID-related supplemental appropriations or budget adjustments • Expenses incurred between March 1, 2020 and December 30, 2020 The City of Baldwin Park will be required to gather information and report to the federal government on use of the funds, perform subrecipient monitoring (if applicable), including audits, and provide certification with federal requirements. DISCUSSION There are six (6) expenditure categories which cover the expenditure of the funds: 1. Medical Expenses 2. Public Health Expenses 3. Substantially Dedicated Payroll Expenses 4. Comply with Public Health Measures and Mitigate the Effects of COVID-19 5. Economic Support 6. Other COVID-19 Expenses The City Council approved COVID-19 testing at the onset of the pandemic earlier this year which led to the testing of 1,600 persons. Funding in the amount of nearly $300,000 came from the Department of Housing and Urban Development in the form of Community Development Block Grant (CDBG) Coronavirus Funds for that testing program coordinated by Vital Medical Services. Approximately $200,000 in funds were also allocated for critical food programs to feed seniors and families that are unemployed and/or low-income. For this new funding source, staff is recommending funds be allocated in the following four (4) activities: Senior Meals It is recommended to extend the senior meals program through the end of this calendar year at a cost of $150,000. This program is administered by the Recreation and Community Services Department and the recommended amount will fund this program at the same capacity that it has been serving previously (310 seniors per week) through December 31, 2020. Rental Assistance It is recommended that $300,000 be utilized to establish a rental housing assistance program for families struggling with income loss during the COVID-19 pandemic. Staff is in the process of analyzing the most effective manner to implement such a program and will provide future updates to the City Council when available. Business Grants It is recommended that $300,000 be utilized to establish a business grant assistance program for businesses struggling with income loss during the COVID-19 pandemic. Staff is in the process of analyzing the most effective manner to implement such a program and will provide future updates to the City Council when available. City COVID-19 Expenditures It is recommended that $191,494 be utilized to reimburse the City of Baldwin Park for COVID-related expenditures that will help reduce the spread of the virus and maintain the provision of on-going public services. Examples of expenditures include the purchase of laptops so employees can work from home and costs related to sanitizing city -owned facilities and vehicles. ALTERNATIVES The alternative is to not approve the staff's recommendation and direct staff to allocate the funding in an altered manner. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Certification Letter CERTIFICATION FOR RECEIPT OF FUNDS PURSUANT TO PARAGRAPHS (2) OR (3) OF SUBDIVISION (d) OF CONTROL SECTION 11.90 OF THE BUDGET ACT OF 2020 1, [SHANNON YAUCHZEE], am the chief executive or authorized designee of [THE CITY OF BALDWIN PARK, CALIFORNIA], and I certify that: I I have the authority on behalf of [THE CITY OF BALDWIN PARK, CALIFORNIA] to request payment from the State of California ('State') pursuant to the applicable provisions of subdivision (d) of Control Section 11.90 of the Budget Act of 2020. 2. 1 understand the State will rely on this certification as a material representation in making a direct payment to [THE CITY OF BALDWIN PARK, CALIFORNIA]. 3. [THE CITY OF BALDWIN PARK, CALIFORNIA]'s proposed uses of the funds provided as direct payment under the applicable provisions of subdivision (d) of Control Section 11.90 of the Budget Act of 2020 will be used only for costs that: a. Are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID- 19) b. Were not accounted for in the budget most recently approved as of March 27, 2020, for [THE CITY OF BALDWIN PARK, CALIFORNIA] C. Were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. 4. [THE CITY OF BALDWIN PARK, CALIFORNIA] agrees to do all of the following as a condition of receipt of funds: a. Adhere to federal guidance and the state's stay-at-home requirements and other health requirements as directed in gubernatorial Executive Order N-33-20, any subsequent Executive Orders or statutes, and all California Department of Public Health orders, directives, and guidance in response to COVID-1 9 emergency. b. Use the funds in accordance with all applicable provisions of subdivision (d) of Control Section 11.90 of the Budget Act of 2020. C. Report on expenditures and summarize regional collaboration and non - duplication of efforts within the region by September 1, 2020, and return any funds that are unspent by October 30, 2020 (unless extended by the Department of Finance based on reported expenditures to date), and repay the state for any cost disallowed after federal review. d. Retain records to support reported COVID- 19 eligible expenditures and participate in audits as outlined by the federal government and State. CERTIFICATION FOR RECEIPT OF FUNDS PURSUANT TO PARAGRAPHS (2) OR (3) OF SUBDIVISION (d) OF CONTROL SECTION 11.90 OF THE BUDGET ACT OF 2020 By: SHANNON YAUCHZEE Signature: Title: CHIEF EXECUTIVE OFFICER/CITY MANAGER/DIRECTOR OF EMERGENCY SERVICES Date: JULY 2, 2020 The completed certification must be submitted by email to: CRFAr)r)[ications@dof,ca.gov Certifications must be received by no later than 11:59 p.m. Pacific Daylight Time on July 10, 2020. Certifications received after that time may be disallowed. The subject line of the email shall only contain the name of the local government entity (i.e. City of xxx or County of xxx). ITEM NO. 6 e'°`"•TO: Honorable Mayor and Members of the City Council HURo,, T FROM: Sam Gutierrez, Director of Public Works DATE: August 5, 2020 ..=vLIE «; " ,A � SUBJECT: Conduct a Public Hearing and Consider Adoption of Resolution No. 2020-039, "A Resolution of the City Council of the City of Baldwin Park, California, Adopting the Amended Fee Schedule for Solid Waste Collection and Recycling Services, to Reflect Consumer Price Index (CPI) Increases for Fiscal Year 2020-2021" SUMMARY This report requests that the City Council conduct a Public Hearing to consider public testimony regarding the proposed rate increase by Waste Management for solid waste refuse services. Pending the outcome of the public hearing, the City Council is asked to consider adoption of Resolution No. 2020-039, adopting the amended fee schedule for Solid Waste Collection and Recycling Services per contractual annual rate adjustments to reflect Consumer Price Index (CPI) increases. Pursuant to the terms of the existing agreement, Waste Management, Inc. (WM) has submitted a request for rate adjustments to all customers based on increases in the CPI. This year the CPI adjustment is the only proposed change to the fee schedule, there are no other fees being considered. In order to change fees for solid waste services, compliance with Proposition 218 is necessary. Holding a Public Hearing is an essential element of Proposition 218 compliance. RECOMMENDATION It is recommended that the City Council: 1. Hold a Public Hearing and consider all Public testimony and protests regarding the proposed increases in solid waste service fees; and 2. Adopt Resolution No. 2020-039 "A Resolution of the City Council of the City of Baldwin Park, California, Adopting the Amended Fee Schedule for Solid Waste Collection and Recycling Services to reflect Consumer Price Index (CPI) Increases for Fiscal Year 2020- 2021." FISCAL IMPACT Revenue increases in franchise fees for the annual rate increase, based on CPI, will mirror the change in CPI. BACKGROUND On September 4, 2013, the City Council authorized the execution of a ten-year Franchise Agreement with Waste Management, Inc. to provide exclusive collection of residential refuse and disposal of solid waste. On September 3, 2014, City Council adopted Resolution No. 2014-031 establishing annual increases based on the Consumer Price Index (CPI), for all residential, commercial, industrial and multifamily residential customers through July 1, 2019. On August 3, 2016, the City Council adopted Resolution No. 2016-141 approving various new fees and continuing the annual increases based on the CPI through, and inclusive of, July 1, 2019. DISCUSSION In compliance with the Franchise Agreement, Waste Management, Inc. has submitted an annual rate increase equal to the percentage increase in the Consumer Price Index (CPI). The Franchise Agreement with Waste Management allows for an annual review of the commercial and residential refuse rates and an adjustment based on the CPI. The formula allows for 100% of the average increase between the CPI for Garbage and Trash Collection U.S. City Average, published by the United States Department of Labor, Bureau of Labor Statistics. This proposed annual adjustment to all rates, fees and charges will take effect on July 1, 2020 and the increase will be retroactive to this date. The proposed annual adjustment will be no more than 5% as is specified in the Franchise Agreement. Any percentage increase that exceeds the annual 5% cap will be carried forward to the next year and added to future rate increases. This year the CPI increase is 3.22%. The terms of the Franchise Agreement require that certain increases receive City Council approval. Further, the Franchise Agreement also requires that all changes to fees for solid waste services must be compliant with Proposition 218 which requires that a public hearing be held to consider all public testimony and protest regarding the proposed changes. Since the increase this year will commence on July 1, 2020, which is outside the previously approved Resolution 2016- 141 for annual increases, a Public Hearing must be held. Compliance measures associated with Proposition 218 require that a notice be sent to all parties that may be affected by the proposal fee. A notice of Public Hearing to Consider Proposed Changes to Solid Waste Fees to be held August 51h, 2020 (Attachment A) was mailed to all commercial and residential customers with active service. At the Public Hearing, the City Council is required to consider all protest against the proposed fee increases. A senior citizens discount will continue to be offered to certain single-family accounts where the head of household is sixty (60) years or older. ENVIRONMENTAL REVIEW None required. ALTERNATIVES The City Council may choose: Concerning the annual CPI rate increase — If, after exercising its powers reasonably and in good faith, the City Council chooses to not implement the rate increases contained in the Franchise Agreement and requested by the Franchisee, the Franchisee has 60 days after rejection to request that the City negotiate reductions in programs, service and fees to compensate the Franchisee for the negative and material impact that the disapproval has on the Franchisee's business operations. 2. Provide staff with alternative direction. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Notice of Public Hearing 2. Resolution No. 2020-039 3. Rate Sheets Q SAID Wj �O ''HTHEO�/'�9�, CITY OF BALDWIN PARK � SAN GABRIEL � NOTICE OF PUBLIC HEARING ��D JANUP�. NOTICE IS HEREBY GIVEN that the City Council of the City of Baldwin Park will hold a public hearing on their regularly scheduled meeting of WEDNESDAY, August 5, 2020 at 7:00 p.m.(or soon there after), virtually. Said public hearing shall consider: Protests, comments or objections in reference to the proposed changes to fees for solid waste services for Fiscal Year 2020-2021. The proposed change to fees is an annual rate increase equal to the percentage increase in the Consumer Price Index (CPI) for Garbage and Trash Collection, US City Average published by the United States Department of Labor, Bureau of Labor Statistics. This proposed adjustment to all rates, fees and charges will be no more than 3.22% and will take effect on July 1 of 2020. Protests to the proposed fee increases must be delivered in writing to the City Clerk, City of Baldwin Park, 14403 E. Pacific Avenue, Baldwin Park, California 91706, prior to the conclusion of the public hearing on August 5, 2020. Please include the service address with any correspondence. Every written protest shall be emailed to the City Clerk at comments(5baldwinnark.com before 5:00 pm on August 5, 2020. Senior citizens discount will continue to be offered to certain single-family accounts where the head of household is sixty (60) years or older. For information about the proposed service fee changes, please call Waste Management at (800) 266- 7551. Residential trash rates in Baldwin Park are among the lowest in the San Gabriel Valley. A survey of trash rates in other San Gabriel Valley cities is available at www.baidwinpark.com. For additional information, please contact Sam Gutierrez, Director of Public Works at (626) 813-5255. SE DA AVISO QUE el Concilio de la Ciudad de Baldwin Park Ilevara a cabo una audiencia publica en su reunion programada regularmente para el Miercoles, 5 de Agosto de 2020 a las 7:00 p.m. (o Poco despues), virtualmente. Dicha audiencia publica considerara: Protestas, comentarios o objeciones en referencia a los cambios propuestos a las tarifas de los servicios de recoleccion de desechos s6lidos para el ano fiscal 2020-2021. EI cambio propuesto a las tarifas es un aumento anual de la tasa equivalente al aumento porcentual en el Indice de Precios al Consumidor (IPC) para la recoleccion de desechos y basura, promedio de las ciudades de EE. UU. y publicado por la Oficina de Estadisticas Laborales del Departamento de Trabajo de los Estados Unidos. Este ajuste propuesto a todas las tarifas y cargos no sera mayor de 3.22% y entrara en efecto a partir del 1 de Julio de 2020. Las protestas a los aumentos de tarifas propuestos deben entregarse por escrito al Secretario Municipual de la Ciudad en: City Clerk, City of Baldwin Park, 14403 E. Pacific Avenue, Baldwin Park, California 91706, antes de la conclusion de la audiencia publica el 5 de Agosto de 2020. Porfavor incluya la direccion de servicio con cualquier correspondencia. Toda protests por escrito se enviara por correo electr6nico al Secretario Municipal de la Ciudad a comments@baldwinpark.com antes de las 5:00 pm de 5 de agosto de 2020. EI descuento para personas de la tercera edad continuara ofreciendose a ciertas cuentas unifamiliares donde el jefe de familia tenga sesenta (60) anos o mss. Para obtener informaci6n sobre los cambios propuestos en la tarifa de servicio, (lame a Waste Management al (800) 266-7551. Las tasas de basura residencial en Baldwin Park se encuentran entre las mss bajas del Valle de San Gabriel. Una encuesta sobre las tasas de basura en otras ciudades del Valle de San Gabriel esta disponible en www.baidwinpark.com. Para obtener informaci6n adicional, comuniquese con Sam Gutierrez, Director de Obras Publicas al (626) 813-5255. ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park, hereby certify that the Notice of Public Hearing was posted at the City Hall bulletin board and I declare under penalty of perjury that the foregoing is true and correct. Executed on June 22, 2020 in the City of Baldwin Park, California. Lourdes Morales, Chief Deputy City Clerk Data extracted on: Feb 23, 2018 CPI-AllSeries) Original Series Id: CUUROOOOSEHGO2 Not Seasonally s Series it e and trash collection in U.S. city average, U.S. city average Garbage and trash collection _. Base Period:C 1983=100 Years: 2008 to 2018 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2008 356.901358.059 358.550 .5 361.533 3.1366.043 368.960 369X51 371.155 371.648 371.093 364.695 2009 371.828 372.503 373.241 375.392 375.599376.582 377.494377.879 378285 379.560 379.208 379.248 . 2010 3W036 382.490 33.32 383.615 383.405 383.749 33.32 385.010 385.920 35.0 387.216 387.884 384.369 2011 389.727 391.854 1_ 55 392.754 395.477 395.329 395.723 396.605 397.028 397.106 398.910 398.720 395.091 2012 398.880 e3 1 401.692 400.913 401.067 402.793 40 .243 406.823 407.594 409.495 410.155 410.416 404.704 2013 411.1 411 .805 412.305 413.675 414.511 414.802 416.505 417.760 418.357 419.687 421.427 422.237 416.183 2014 422.440 422.483 423.413 425.393 425.242 425.930 426.562 4 .771 427.327 427.995 427308 428.187 425.796 2015 427.734 429.248 .235 429.807 31.234 43.13 431.229 432.967 433.843 434.829 436.428 436-996 2016 437.205 438.296 437,699 437.676 438.317 437Z58 438.607 439.358 439.707 11 443.343 444,745 439.427' 2017 446.2667.12 7.272 448.046 448.328.717 449.008 452.196453.820 453.596 449.089 2018 453.354 9.66 . I -Series) Original Series I: CUUR0000SEHG02,CUUS0000SEHG02 Not Seasonally _Adjusted SeriesTitle: ar a and t collection in U.S. city average, Area:U.S. city average It e and trash collection Base Period: DECEMBER 1983=100 Years: 2009 to 2019 Year Jan Feb r Apr May Jun Julv Dec Annual 2009 371.828 372.503 373.241 375.392 375.599 .5 377.494 377.879 378.285 379.560379.208 379.248 376.402, 2010 3W036 32.40 33.32 33.15 33.45 383.749 383.832 385.010 385.920 385.909 387.216 387.884. 389.727 391,854 391.855 392.754 395.477 395.329 396.723 396.605 397.028 397.106398.910 398.720 . 2012 398.880 . 1 401.692 40.13 401.067 402.793 406.243 406.823 407.594 409.495410.155 410.416. 2013 411.126 411.805 412.305 413.675 414.511 414.802 416.505 417.760 418.357419.687 421.427 422,237 416.183 2014 422.4402 , 3 423.413 425393 425.242 42&930 426.562,771 427.327 427.995 427.808 428.187 . 2015 427.734 429.248 429.235429307 431.234 43.13 431.229 432.967 433.843 434.829 436.428 436.996 2016 437.205 438.296437.699 437.676 438.317 437.858 438.607 439.358 439.707 .311 443.343 444.745 7 1 7 447,129 447272 448.046 448.328 448.717 449.008 452,196 453.820 453.596 449-089 0 453.354 454.915 455. .7 46Z887 465.041 5,57 7 .457 471.026 47.35 486.650 485,935 466.861 2019 475.687 17.77 196%_ , RESOLUTION NO. 2020-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADOPTING THE AMENDED FEE SCHEDULE FOR SOLID WASTE COLLECTION AND RECYCLING SERVICES, TO REFLECT CONSUMER PRICE INDEX INCREASES WHEREAS, Proposition 218 requires the City to conduct a hearing not less than forty-five (45) days after mailing a notice of proposed property related fee increases to those upon which the fees will be imposed; WHEREAS, a duly noticed public hearing regarding the proposed increase to fees for solid waste service was conducted on August 5, 2020 at 7:00 pm in the City Council Chambers; WHEREAS, Proposition 218 requires that the City shall not impose the proposed fee if written protests against the proposed fee are presented by a majority of record owners of identified parcels; WHEREAS, written protests regarding the proposed solid waste collection fee increases were accepted from the public and considered before the close of the public hearing; WHEREAS, a tally of the written protest against the proposed solid waste fee increases shows less than a majority of accounts have submitted written protests against the proposed solid waste fee increases; NOW THEREFORE, IT IS NEARBY RESOLVED AS FOLLOWS: SECTION 1. Annual Rate Increases: Beginning July 1, 2020, and continuing through June 30, 2021, all rates, fees and charges for all residential, commercial and multifamily accounts shall be adjusted by the percentage increase in the Consumer Price Index, CUSROOOOSEHG02 CPI -U Garbage and Trash Collection, US City Average, not seasonally adjusted. SECTION 2. Annual Rate Increase Cap: With respect to any annual rate increase, the amount of the annual adjustment shall not exceed five percent (5%) for any fiscal year. Any percentage increase calculated pursuant to Section 1 which exceed the annual cap of five (5%) for any fiscal year shall be carried forward and added to future percentage rate increases; provided, however, that the total increase for any future fiscal year is not more than the annual rate cap for that year. SECTION 3. This year the CPI increase is 3.22% beginning July 1, 2020. PASSED, APPROVED, AND ADOPTED this 5t" day of August 2020. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Jean M. Ayala, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2020-039 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on August 5, 2020 and that the same was adopted by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: JEAN M. AYALA CITY CLERK Q SAID Wj �O ''HTHEO�/'�9�, CITY OF BALDWIN PARK � SAN GABRIEL � NOTICE OF PUBLIC HEARING ��D JANUP�. NOTICE IS HEREBY GIVEN that the City Council of the City of Baldwin Park will hold a public hearing on their regularly scheduled meeting of WEDNESDAY, August 5, 2020 at 7:00 p.m.(or soon there after), virtually. Said public hearing shall consider: Protests, comments or objections in reference to the proposed changes to fees for solid waste services for Fiscal Year 2020-2021. The proposed change to fees is an annual rate increase equal to the percentage increase in the Consumer Price Index (CPI) for Garbage and Trash Collection, US City Average published by the United States Department of Labor, Bureau of Labor Statistics. This proposed adjustment to all rates, fees and charges will be no more than 3.22% and will take effect on July 1 of 2020. Protests to the proposed fee increases must be delivered in writing to the City Clerk, City of Baldwin Park, 14403 E. Pacific Avenue, Baldwin Park, California 91706, prior to the conclusion of the public hearing on August 5, 2020. Please include the service address with any correspondence. Every written protest shall be emailed to the City Clerk at comments(5baldwinnark.com before 5:00 pm on August 5, 2020. Senior citizens discount will continue to be offered to certain single-family accounts where the head of household is sixty (60) years or older. For information about the proposed service fee changes, please call Waste Management at (800) 266- 7551. Residential trash rates in Baldwin Park are among the lowest in the San Gabriel Valley. A survey of trash rates in other San Gabriel Valley cities is available at www.baidwinpark.com. For additional information, please contact Sam Gutierrez, Director of Public Works at (626) 813-5255. SE DA AVISO QUE el Concilio de la Ciudad de Baldwin Park Ilevara a cabo una audiencia publica en su reunion programada regularmente para el Miercoles, 5 de Agosto de 2020 a las 7:00 p.m. (o Poco despues), virtualmente. Dicha audiencia publica considerara: Protestas, comentarios o objeciones en referencia a los cambios propuestos a las tarifas de los servicios de recoleccion de desechos s6lidos para el ano fiscal 2020-2021. EI cambio propuesto a las tarifas es un aumento anual de la tasa equivalente al aumento porcentual en el Indice de Precios al Consumidor (IPC) para la recoleccion de desechos y basura, promedio de las ciudades de EE. UU. y publicado por la Oficina de Estadisticas Laborales del Departamento de Trabajo de los Estados Unidos. Este ajuste propuesto a todas las tarifas y cargos no sera mayor de 3.22% y entrara en efecto a partir del 1 de Julio de 2020. Las protestas a los aumentos de tarifas propuestos deben entregarse por escrito al Secretario Municipual de la Ciudad en: City Clerk, City of Baldwin Park, 14403 E. Pacific Avenue, Baldwin Park, California 91706, antes de la conclusion de la audiencia publica el 5 de Agosto de 2020. Porfavor incluya la direccion de servicio con cualquier correspondencia. Toda protests por escrito se enviara por correo electr6nico al Secretario Municipal de la Ciudad a comments@baldwinpark.com antes de las 5:00 pm de 5 de agosto de 2020. EI descuento para personas de la tercera edad continuara ofreciendose a ciertas cuentas unifamiliares donde el jefe de familia tenga sesenta (60) anos o mss. Para obtener informaci6n sobre los cambios propuestos en la tarifa de servicio, (lame a Waste Management al (800) 266-7551. Las tasas de basura residencial en Baldwin Park se encuentran entre las mss bajas del Valle de San Gabriel. Una encuesta sobre las tasas de basura en otras ciudades del Valle de San Gabriel esta disponible en www.baidwinpark.com. Para obtener informaci6n adicional, comuniquese con Sam Gutierrez, Director de Obras Publicas al (626) 813-5255. ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park, hereby certify that the Notice of Public Hearing was posted at the City Hall bulletin board and I declare under penalty of perjury that the foregoing is true and correct. Executed on June 22, 2020 in the City of Baldwin Park, California. Lourdes Morales, Chief Deputy City Clerk Data extracted on: Feb 23, 2018 CPI-AllSeries) Original Series Id: CUUROOOOSEHGO2 Not Seasonally s Series it e and trash collection in U.S. city average, U.S. city average Garbage and trash collection _. Base Period:C 1983=100 Years: 2008 to 2018 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2008 356.901358.059 358.550 .5 361.533 3.1366.043 368.960 369X51 371.155 371.648 371.093 364.695 2009 371.828 372.503 373.241 375.392 375.599376.582 377.494377.879 378285 379.560 379.208 379.248 . 2010 3W036 382.490 33.32 383.615 383.405 383.749 33.32 385.010 385.920 35.0 387.216 387.884 384.369 2011 389.727 391.854 1_ 55 392.754 395.477 395.329 395.723 396.605 397.028 397.106 398.910 398.720 395.091 2012 398.880 e3 1 401.692 400.913 401.067 402.793 40 .243 406.823 407.594 409.495 410.155 410.416 404.704 2013 411.1 411 .805 412.305 413.675 414.511 414.802 416.505 417.760 418.357 419.687 421.427 422.237 416.183 2014 422.440 422.483 423.413 425.393 425.242 425.930 426.562 4 .771 427.327 427.995 427308 428.187 425.796 2015 427.734 429.248 .235 429.807 31.234 43.13 431.229 432.967 433.843 434.829 436.428 436-996 2016 437.205 438.296 437,699 437.676 438.317 437Z58 438.607 439.358 439.707 11 443.343 444,745 439.427' 2017 446.2667.12 7.272 448.046 448.328.717 449.008 452.196453.820 453.596 449.089 2018 453.354 9.66 . I -Series) Original Series I: CUUR0000SEHG02,CUUS0000SEHG02 Not Seasonally _Adjusted SeriesTitle: ar a and t collection in U.S. city average, Area:U.S. city average It e and trash collection Base Period: DECEMBER 1983=100 Years: 2009 to 2019 Year Jan Feb r Apr May Jun Julv Dec Annual 2009 371.828 372.503 373.241 375.392 375.599 .5 377.494 377.879 378.285 379.560379.208 379.248 376.402, 2010 3W036 32.40 33.32 33.15 33.45 383.749 383.832 385.010 385.920 385.909 387.216 387.884. 389.727 391,854 391.855 392.754 395.477 395.329 396.723 396.605 397.028 397.106398.910 398.720 . 2012 398.880 . 1 401.692 40.13 401.067 402.793 406.243 406.823 407.594 409.495410.155 410.416. 2013 411.126 411.805 412.305 413.675 414.511 414.802 416.505 417.760 418.357419.687 421.427 422,237 416.183 2014 422.4402 , 3 423.413 425393 425.242 42&930 426.562,771 427.327 427.995 427.808 428.187 . 2015 427.734 429.248 429.235429307 431.234 43.13 431.229 432.967 433.843 434.829 436.428 436.996 2016 437.205 438.296437.699 437.676 438.317 437.858 438.607 439.358 439.707 .311 443.343 444.745 7 1 7 447,129 447272 448.046 448.328 448.717 449.008 452,196 453.820 453.596 449-089 0 453.354 454.915 455. .7 46Z887 465.041 5,57 7 .457 471.026 47.35 486.650 485,935 466.861 2019 475.687 17.77 196%_ , TO: FROM: d Std ,6BIEL 00'•.V�kLLEY n DATE Honorable Mayor and Members of the City Council Lourdes Morales, Chief Deputy City Clerk Shannon Yauchzee, Chief Executive Officer August 5, 2020 7 SUBJECT: Consideration to Make an Appointment to Fill a Vacant City Clerk Seat SUMMARY This report requests the City Council take action as prescribed by law under Government Code Section 36512 due to a City Clerk vacancy created by the appointment to City Council of Jean M. Ayala effective July 1, 2020. RECOMMENDATION It Is Recommended That the City Council discuss and take action on the possible appointment of a City Clerk. FISCAL IMPACT There is no fiscal impact associated with this report. BACKGROUND On July 1, 2020, former City Clerk Jean M. Ayala was appointed to serve as a City Council Member to fill the vacant City Council position caused from the retirement/resignation of former Council Member Ricardo Pacheco; resulting in a vacancy in the City Clerk seat. The City Council may appoint a Baldwin Park resident to fill the remainder of the unexpired term through the November 2020 General Municipal Election. The appointed City Clerk would likely serve through the first City Council meeting in December when the election results are typically certified. Following any nominations and/or interviews, the City Council may choose to appoint an individual to fill the vacancy. The new City Clerk must be selected by a majority vote of the City Council within 60 days of the vacancy, which is August 29, 2020. If the City Council is able to make a decision on an appointment, that individual may be administered the Oath of Office following such decision, making the appointment effective immediately. Alternatively, the Oath of Office may be administered at the beginning of the next regularly scheduled City Council Meeting, making the appointment effective at that time. ALTERNATIVES The City Council may: 1. Leave the City Council seat vacant until the next General Municipal Election as prescribed by law under Government Code Section 365129(d)(2)(3); or 2. Direct staff to take applications for the position, or 3. Nominate and appoint someone tonight by taking the following actions: A. appoint an individual to fill the vacant City Clerk seat; and B. Read, by title only and approve Ordinance No, 1455, entitled,: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, REQUIRING VACANCIES IN THE OFFICE OF MEMBER OF THE CITY CLERK TO BE FILLED BY APPOINTMENT UNTIL THE NEXT REGULARLY SCHEDULED MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2020 TO ELECT A SUCCESSOR"; and C. Administer the Oath of Office (If applicable). LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTAC H M E NTS None ITEM NO. 8 TO: Honorable Mayor and Members of the City Council T' r FROM: Lourdes Morales Chief Deputy City Clerk "" DATE: August 5, 2020 " ro�, 10 SUBJECT: Approve and Adopt Resolution No. 2020-040 Entitled, "A - Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City"; and Review and Appoint Members to the City for the San Gabriel Valley Water Association, Independent Cities Lease Finance Authority, and the Foothill Transit Zone SUMMARY This report requests City Council selection of designated representatives and alternates as official representatives of the City for the San Gabriel Valley Water Association, Independent Cities Lease Finance Authority, and the Foothill Transit Zone. RECOMMENDATION Staff recommends that the City Council rescind Resolution 2020-037 and complete the review and appointment of delegate and alternate to the San Gabriel Valley Water Association, Independent Cities Lease Finance Authority, and the Foothill Transit Zone in Resolution No. 2020-040, entitled: "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City". FISCAL IMPACT Not Applicable BACKGROUND Currently there is a vacancy on the San Gabriel Valley Water Association, Independent Cities Lease Finance Authority, and the Foothill Transit Zone due to the resignation/retirement of former Council Member Pacheco. The appointed delegate/alternate will serve on these agencies until December 2020. ALTERNATIVES Not Applicable LEGAL REVIEW Not Applicable ATTAC H M E NTS 1. Resolution No. 2020-040 — New Appointment 2. Current Roster of City Council Appointed Delegates RESOLUTION NO. 2020-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY WHEREAS, it is the Council's desire to review and/or amend the existing appointments; and WHEREAS, Resolution No. 2019-056 adopted December 4, 2019 and all other Resolutions inconsistent herewith are hereby repealed and rescinded. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Water Association — Quarterly luncheon held in various locations (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Mayor Manuel Lozano Mayor Manuel Lozano Alternate: Councilmember Ricardo Pacheco Vacant Section 2. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County Sanitation District Nos. 15 & 22 — 4t" Wednesday at 1:30 p.m.; Joint Administration Office (MEMBERS RECEIVE A STIPEND — $125 per meeting) Existing Appointees New Appointees Representative: *Mayor Manuel Lozano Mayor Manuel Lozano Alternate: Councilmember Ricardo Pacheco Mayor Pro Tem Monica Garcia *Appointment of Mayor required by Sanitation District Section 3. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the League of California Cities — Los Angeles County Division — 1St Thursday at 6:00 p.m.; various locations (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Mayor Pro Tem Cruz Baca Councilmember Alejandra Avila Alternate: Councilmember Susan Rubio Councilmember Paul C. Hernandez Section 4. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Civil Defense Area "D" General Membership Meeting — 3rd Thursday at 8:30 a.m.; Area D Office (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Chief of Police Chief of Police Alternate: Mayor Manuel Lozano Mayor Manuel Lozano Section 6. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent Cities Association — 2„d Tuesday at 7:00 p.m.; rotating Council Chambers (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Mayor Pro Tem Monica Garcia Councilmember Paul C. Hernandez Alternate: Councilmember Ricardo Pacheco Councilmember Aleiandra Avila Section 7. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent Cities Association Lease Finance Authority — As Needed Basis in various times/locations (MEMBERS RECEIVE A STIPEND — $150 per meeting) Section 8. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County — City Selection Committee — As Needed Basis in various times/locations (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: *Mayor Manuel Lozano Mayor Manuel Lozano Alternate: Mayor Pro Tem Monica Garcia Mayor Pro Tem Monica Garcia *Appointment of Mayor required by State Law Section 9. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Southern California Association of Governments — Annual Conference in the month of May (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Councilmember Tem Cruz Baca Mayor Pro Tem Monica Garcia Alternate: Councilmember Susan Rubio Councilmember Paul C. Hernandez Section 10. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Foothill Transit Zone — Last Friday of the Month at 7:45 a.m.; Foothill Transit Administrative Offices (MEMBERS RECEIVE A STIPEND — $161 per meeting) Section 11. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the California Contract Cities Association (CCCA) — 3rd Wednesday at 6:00 p.m. in various locations (MEMBERS RECEIVE A STIPEND — No) Existing Appointees New Appointees Representative: Mayor Pro Tem Monica Garcia Mayor Pro Tem Monica Garcia Alternate: Councilmember Susan Rubio Mayor Manuel Lozano Section 12. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Governing Board of the San Gabriel Valley Mosquito and Vector Control District -2nd Friday at 10:00 a.m. in the District Office (MEMBERS RECEIVE A STIPEND — $100 per meeting) Section 13. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Council of Governments — 3rd Thursdays at 6:00 p.m. at the Municipal Water District (MEMBERS RECEIVE A STIPEND — $75 per meeting) Existing Appointees New Appointees Representative: Councilmember Monica Garcia Mayor Pro Tem Monica Garcia Alternate: Councilmember Alejandra Avila Councilmember Jean M. Ayala Section 14. That the City Clerk shall certify to the adoption of this Resolution and shall forward copies hereof to said committees and organizations. Existing Appointees New Appointees Representative: Councilmember Cruz Baca Mayor Manuel Lozano Expires: 12/31/2021 per Health and Safety Code § 2024 a Alternate: Councilmember Ricardo Pacheco Mayor Pro Tem Monica Garcia *Not required Expires: 12/31/2021 per Health and Safety Code § 2024 (a) Section 13. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Council of Governments — 3rd Thursdays at 6:00 p.m. at the Municipal Water District (MEMBERS RECEIVE A STIPEND — $75 per meeting) Existing Appointees New Appointees Representative: Councilmember Monica Garcia Mayor Pro Tem Monica Garcia Alternate: Councilmember Alejandra Avila Councilmember Jean M. Ayala Section 14. That the City Clerk shall certify to the adoption of this Resolution and shall forward copies hereof to said committees and organizations. PASSED, APPROVED, AND ADOPTED this 5t" day of August, 2020. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, LOURDES MORALES, Chief Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2020-040 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on August 5, 2020 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Lourdes Morales CHIEF DEPUTY CITY CLERK City Council Appointed Delegates to Various Organizations City Council Appointed Delegates to Various Organizations City Council Appointed Delegates to Various Organizations California Contract Monica Garcia Manuel Lozano 3ra Wednesday of the month No Stipend Contact: Kelli Lofing Cities Association California Contract Cities Various Locations Association (CCCA) 17315 Studebaker Rd. #210 6:00 — 8:00 pm Cerritos, CA 90703 info@contractcities.org staff@contractcities.org Governing Board Of Cruz Baca Vacant 2nd Friday of the Month $10© Contact: Esther Elliot the San Gabriel *Alternate is not Per Meeting 626-814-9466 required 1145 N. Azusa Canyon Road eelljotts vmosu:to,org Valley Mosquito West Covina, CA 91790 and hector. Control *perm Expires °errs Expires District 1213112019 12/3112019 10:00 am San Gabriel Valley Monica Garcia Jean M. Ayala 3rd Thursdays of the month at 6:00 $75 Contact: Stephanie Hernandez Council of PM Per Meeting 1000 S. Fremont Avenue A -10N, Suite 10-210 Governments Municipal Water District Unit #42 (SGVCOG) 602 E. Huntington, Suite B Alhambra, CA 91803 Monrovia, CA 91016 shernandez@sgvocog.org 626-457-1800 6:00 om