Agenda packet — Colton City Council, January 16, 2024 (part 1 of 3)

1 CITY OF COLTON
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
Website: www.coltonca.gov

Mayor Frank J. Navarro
Council Members:

David J. Toro – District 1
Kelly J. Chastain – District 2
Dr. Luis S. Gonzalez – District 3
John R. Echevarria – District 4

City Treasurer Aurelio De La Torre

City Manager William R. Smith
City Attorney Carlos Campos
Deputy City Clerk Stephanie M. Vargas

AGENDA

CITY COUNCIL,

COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,

COLTON HOUSING AUTHORITY

REGULAR MEETING
TUESDAY, JANUARY 16, 2024 – 6:00 P.M.

CITY HALL, COUNCIL CHAMBERS
CLOSED SESSION - 5:00 p.m.

CLOSED SESSION CALLED TO ORDER

ROLL CALL
PUBLIC COMMENT - Closed Session
This is the portion of the meeting specifically set aside to invite your comments regarding Closed Session items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.

Persons desiring to submit paperwork to the City Council Members shall provide copy of any paperwork to the City Clerk for the Official Record.

Speakers will be limited to 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

Please state your name and your City of Residence before providing your comment.

2 A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Kenneth Sanchez v. City of Colton, et al.

San Bernardino Superior Court, Case No. CIVSB2204169
(Consolidated with Ruben H. Albor v. City of Colton, et al.) B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Ruben H. Albor v. City of Colton, et al.

San Bernardino Superior Court, Case No. CIVSB2210798
(Consolidated with Kenneth Sanchez v. City of Colton, et al.) C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) One (1) Potential Case
D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Jack Rivers vs City of Colton
Riverside Superior Court, Case No. T23-4368

E. CONFERENCE WITH LEGAL COUNSEL – WORKERS’ COMPENSATION CLAIM Pursuant to California Government Code, Section 54956.9 (d)(1) Case Name (s) Roque, Pauline vs City of Colton

CITY ATTORNEY ORAL REPORT ON CLOSED SESSION ACTIONS

RULES OF DECORUM

To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.

OPEN SESSION
6:00 P.M.

OPEN SESSION CALLED TO ORDER
INVOCATION Pastor Eric Strutz - The Door Church
FLAG SALUTE Veterans of Foreign Wars (VFW) Member Thomas Leon

ROLL CALL

CEREMONIAL MATTERS
Presentations, Awards, Proclamations

3 MAYOR AND COUNCIL ITEMS

GIFT DISCLOSURES
Prior to rendering a decision in any proceeding involving a license, permit, contract or other entitlement pending before the City Council, any Council Member who has received been promised a gift or gifts aggregating $50.00 or more in value within the preceding twelve months from a party or participant in the proceeding shall disclose that fact either orally or in writing during open session. This disclosure shall be made part of the official public record of the proceeding, either as part of the minutes of the meeting or as a separate writing filed with the city. (CMC Section 2.04.030) AB 1234 ORAL REPORTS
Members of the City Council shall provide brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d))

APPOINTMENTS
 Mayor Pro Tempore Appointment - Mayor Pro Tempore Appointment  Appointment - Reche Canyon Traffic Ad - Hoc Committee - Jacqueline Maypray-Fitch

MAYOR AND COUNCIL DISCUSSION ITEMS

PUBLIC HEARINGS

To speak on public hearing items, it is requested that you obtain a card from the City Clerk and complete it by noting the agenda item number, as well as whether you are in favor, opposition or neither, and give it to the City Clerk. The applicant will be allowed 5 minutes to address the Council and all other persons will be allowed 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure. (1) User Fee Update - Police/Administration, Planning, Public Works/Engineering, Electric Utility/Engineering -

TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO APPROVE AND ADOPT A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF COLTON UPDATING USER FEES FOR POLICE DEPARTMENT /ADMINISTRATION, DEVELOPMENT SERVICES/PLANNING, PUBLIC WORKS/ENGINEERING, ELECTRIC UTILITY/ENGINEERING, RESOLUTION NO. R-04-23.
[Staff Person: Mario Suarez]
Mayor announces the Public Hearing Open.

City Clerk submits the Affidavit of Publication and reports on protests or objections thereto.

Staff is requesting a continuance of this Public Hearing to the February 6, 2024 City Council Me eting.

4 BUSINESS ITEMS
To speak on business items, it is requested that you obtain a card from the City Clerk and complete it by noting the agenda item number, as well as whether you are in favor, opposition or neither, and give it to the City Clerk. The applicant will be allowed 5 minutes to address the Council and all other persons will be allowed 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
(2) Code Amendment - Vacant/Abandoned Property Program - Waive Full Reading, Read By Title Only and Pass First Reading of an Ordinance of the City Council of the City of Colton California Amending Colton Municipal Code Chapter 8.16 for the Purpose of Clarifying the Application of the Chapter to Vacant Properties, ORDINANCE NO. O-01-24.
[Staff Person: Mario Suarez]
(3) Water and Wastewater Cost of Service Rate Studies - Water and Wastewater Cost of Service Rate Study Discussion.
[Staff Person: Brian Dickinson]
PUBLIC COMMENT Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Consent Calendar items and other general comments about matters not on the agenda; however, any matter that requir es action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.

Persons desiring to submit paperwork to the City Council Members shall provide copy of any paperwork to the City Clerk for the Official Record.

Speakers will be limited to 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

Please state your name and your City of Residence before providing your comment.

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.

(4) Minutes - Approval of Minutes for the City Council Regular Meetings held on November 21, 2023 and December 5, 2023, on File in the Office of the City Clerk. [Staff Person: Stephanie M. Vargas]
(5) Warrants - Approve US Bank voucher dated 10/20/2023 for $64,774.48; wires totaling $2,333,278.41; voucher numbers 209138 to 209240 dated 11/16/2023 and totaling $519,698.92; voucher numbers 209241 to 209341 dated 11/22/2023 and totaling $456,675.75 and a payroll disbursement listing dated 10/14/2023 to 10/27/2023 and totaling $1,055,770.41.
[Staff Person: Stacey Dabbs]

5 (6) City Treasurer's Report - Receive and File City Treasurer's Report for October 2023. [Staff Person: Aurelio De La Torre]
(7) Acceptance of Funds - County Board of Supervisors - Approve and Adopt a Resolution to Ratify the Acceptance of $100,000 from the San Bernardino County Board of Supervisors Discretionary Funds to Purchase 10 Motorola Radios and Increase Revenues and Appropriations in the Amount of $100,000, RESOLUTION NO. R-05-24.
[Staff Person: Tim McHargue]
(8) Acceptance of Funds - County Board of Supervisors - Approve the Acceptance of $160,000 in Discretionary Funds from the San Bernardino County Board of Supervisors for the Purchase of Police Drones and Shields , RESOLUTION NO. R-08-24.
[Staff Person: Tim Heusterberg]
(9) Agreement - Blais & Associates - Approve a Professional Services Agreement with Blais & Associates Grant Writing Services for Completion of Department of the Interior, Bureau of Reclamation Wat er Resources and Planning Office, Watersmart Small-Scale Water Efficiency Projects Grant Program. [Staff Person: Brian Dickinson]
(10) Camera Sysyem Purchase (CCTV) - Motorola Solutions - Approve the Purchase of Camera System (CCTV) from Motorola Solutions.
[Staff Person: Tim Heusterberg]
(11) Change Order - AT&T Consulting & Network Integration Services - Approve and Adopt a Resolution to Approve a Change Order in the Amount of $71,400 for the Microsoft 365 Migration Project, RESOLUTION NO. R-06-24.
[Staff Person: Stacey Dabbs]
(12) Continued Funding Application - ECE Program - Approve and Adopt a Resolution Adopting the CA Department of Social Services FY 24-25 Continued Funding Application for the Early Care and Education Division, RESOLUTION NO. R-01-24.
[Staff Person: Deb Farrar]
(13) Contract Amendment - NBS Water/Wastewater Rate Study - Approve First Amendment to Contract for NBS for Water and Wastewater Rate and Fees Studies.
[Staff Person: Brian Dickinson]
(14) Contract Award - TKE Engineering Inc. - Approve Award of Contract to TKE Engineering Inc., for Engineering & Design Services for the Walnut Booster Station.
[Staff Person: Brian Dickinson]
(15) Contract Award - Fire Apparatus Solutions Inc. - Approve and Adopt a Resolution Authorizing Repairs to Damaged Fire Engine, RESOLUTION NO. R-03-24.
[Staff Person: Tim McHargue]
(16) Contract Award - Preferred General Services - Award Contract to Preferred General Services for the Police Department Women's Restroom Remodel.
[Staff Person: Tim Heusterberg]
(17) Easement - Electric Utility - Accept and Approve Easement at 851 E. Cooley for the Electric Utility. [Staff Person: Charles Berry]
(18) ECE Additional Funding - SB 140 - Approve and Adopt a Resolution Accepting the Early Care and Education Division Additional Funding via SB 140, RESOLUTION NO. R-02-24. [Staff Person: Deb Farrar]
(19) Investment Policy - Approve and Adopt a Resolution of the City Council of the City of Colton, Delegating to the City Treasurer the Authority to Invest and Reinvest Funds for the City and to Sell or Exchange Securities, RESOLUTION NO. R-07-24.
[Staff Person: Aurelio De La Torre]

6 (20) Letter of Credit Reduction - Approve Irrevocable Letter of Credit Reduction due to Faithful Performance Bond replacement for PM 20146.
[Staff Person: Brian Dickinson]
(21) Notice of Completion - Well Abandonment Project - Approve Notice of Completion for the Abandonment of Wells 13, 16 & 26 Project.
[Staff Person: Brian Dickinson]
(22) Purchase - Motorola Solutions, Inc. - Approve Purchase of New Hand Held and Unit Radios from Motorola Solutions, Inc.
[Staff Person: Tim Heusterberg]
(23) Set Public Hearing - CDBG 2024-2025 Projects - Set Public Hearing for the City Council Meeting of 2/6/24 to Consider Submission of CDBG Projects for Fiscal Year 2024-2025 to the County of San Bernardino. [Staff Person: Dawn Miller]

MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor and Council on various issues and activities throughout the community. Comments shall be limited to 5 Minutes per speaker.

CITY MANAGER'S REPORTS

ADJOURNMENT

7 I, Stephanie Vargas, the Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted , at least seventy-two (72) hours prior to the meeting per Government Code 54954(a), at the following locations:

City of Colton City Hall 650 N. La Cadena Drive
City of Colton Website, www.coltonca.gov <http://www.coltonca.gov>

PROCEDURES FOR ADDRESSING CITY COUNCIL

For the Official Record, it is requested that you o btain a card from the Deputy City Clerk and complete it by noting a specific item number on the Agenda, if applicable, or you can identify the subject that you wish to address under the Public Comment portion of the Agenda. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City C ouncil Manual of Procedure.

RULES OF DECORUM

To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Co uncil will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.

NOTICE TO PUBLIC

Staff reports or other written documentation relating to each item referred to, on the Agenda, are available for public inspection at the fo llowing locations: Office of the City Clerk, 650 N. La Cadena Drive, Colton, CA; City of Colton Public Library, 656 9 th St., Colton, CA; or the City of Colton Internet Website, www.coltonca.gov. Any person having qu estions concerning any item on the Agenda may call the City Clerk at 370 -5191 to make inquiry concerning the nature of the item described on the Agenda. The City Clerk shall direct inquiries to the appropriate office.

All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.

8 In compliance with the American with Disabilities Act, if you need special assistance to participate in a City Meeting, please contact the City Clerk’s Office at 909 -370-5001. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

LEGAL CHALLENGES

If you challenge in court any discussion or action taken concerning an item on this Agenda, y ou may be limited to raising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting.

MANUAL OF PROCEDURE

The City Council adopted its Manual of Procedure pursuant to Resolution No. R-41-18. Copies are available in the Office of the City Clerk.

ITEM NO.

STAFF REPORT

DATE: JANUARY 16, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: DAWN MILLER, EXECUTIVE ASSISTANT TO THE CITY

MANAGER
SUBJECT: MAYOR PRO TEMPORE APPOINTMENT

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Appoint a Council Member to serve as Mayor Pro Tempore for a one year term, commencing January 2024 and ending January 2025.

BACKGROUND

Since January 2003, the Colton City Council has procedurally appointed one of their Council colleagues to serve a one year term as Mayor Pro Tempore. This appointment is routinely done at the first meeting in January. This new term is fro m January 2024 through January 2025.

Below, is an account of Council Members previously appointed to serve as Mayor Pro Tempore.

2023 David Toro Dist. 1
2022 Kenneth Koperski Previous Dist. 3
2021 Ernest Cisneros Previous Dist. 2
2020 Isaac Suchil Previous Dist. 6
2019 Ernest Cisneros Previous Dist. 2
2018 Jack Woods Previous Dist. 5
2017 David Toro Previous Dist. 1

ISSUES/ANALYSIS

Packet Pg. 9
Staff Report to the Mayor and City Council
Mayor Pro Tempore Appointment
January 16, 2024

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During this one year appointment, in case of the Mayor’s absence due to extended travel, disability, death or other unforeseen circumstances, the duties of Mayor Pro Tempore shall be to preside at a council meeting; participate in or attend ceremonial and legislative events; and assume other necessary functions representing the City.

FISCAL IMPACTS
None.

ALTERNATIVES

Provide alternative direction to staff.

Packet Pg. 10

ITEM NO. 1

STAFF REPORT

DATE: JANUARY 16, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARIO SUAREZ, INTERIM DIRECTOR OF DEVELOPMENT

SERVICES
SUBJECT: TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO

APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF COLTON UPDATING USER FEES FOR POLICE

DEPARTMENT/ADMINISTRATION, DEVELOPMENT

SERVICES/PLANNING, PUBLIC WORKS/ENGINEERING,
ELECTRIC UTILITY/ENGINEERING, RESOLUTION NO. R-04-23.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Continue public hearing to the February 6, 2024 City Council meeting to provide sufficient time for preparation of the final User Fee Study and complete Final User Fee publicatio n prior to City Council meeting of February 6, 2023.

1.1 Packet Pg. 11

ITEM NO. 2

STAFF REPORT

DATE: JANUARY 16, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: WAIVE FULL READING, READ BY TITLE ONLY AND PASS FIRST

READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF COLTON CALIFORNIA AMENDING COLTON
MUNICIPAL CODE CHAPTER 8.16 FOR THE PURPOSE OF

CLARIFYING THE APPLICATION OF THE CHAPTER TO VACANT
PROPERTIES, ORDINANCE NO. O-01-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Waive Full Reading, Read by Title Only and pass First Reading of an Ordinance to Amend Chapter 8.16 of the Colton Municipal Code (“CMC”) to Clarify that its Provisions Apply to Vacant, Undeveloped Properties as Well as to Vacant Buildings.

BACKGROUND

On September 6, 2016, the City Council adopted Ordinance No. O -16-16, adding a new Chapter

8.16 to the CMC to establish registration and monitoring requirements for vacant buildings and properties within the City, for the pur pose of avoiding blight and negative impacts to City neighborhoods.

Staff is seeking approval of this Ordinance to make minor revisions to Chapter 8.16 in order to clarify that its provisions apply to vacant parcels which meet the criteria established by the Chapter, not just to vacant buildings. A question of interpretation of the current terms of Chapter

8.16 arose recently with respect to staff’s oversight of a vacant parcel in City limits, and staff now desires to amend the language of Chapter 8.16 to avoid such questions of interpretation in the future.

2 Packet Pg. 12
Staff Report to the Mayor and City Council
Code Amendment - Vacant/Abanoned Property Program
January 16, 2024

Page 2 ends

ISSUES/ANALYSIS

The proposed Ordinance will include:

 An update to clarify the definition of “property” in section 8.16.020, and addition of a definition for “vacant property” to apply throughout the ordinance.  An update to subsections A, B, and D of section 8.16.030 to clarify that these provisions apply to vacant properties (as that term is defined by section 8.16.020) as well as vacant buildings.
 An update to section 8.16.040 to clarify that the bonding and fencing requirements apply to vacant properties as well as buildings.
 An update to section 8.16.050 to clarify that when the City identifies any vacant building or property (whether by code enforcement inspections or upon notification by th e building owner or other residents), the owner will have 10 days to register the building or property, and to clarify that owners (in addition to beneficiaries and trustees) have an obligation to perform an inspection prior to recording a notice of default or similar instrument.  An update to section 8.16.080 to clarify that the monitoring vacant properties as well as buildings, including the obligation to pay a monitoring fee, in an amount set by the Council, for the purpose of avoiding blight and ensurin g the building/property does not become a liability to the neighborhood.

FISCAL IMPACTS

The City’s current fee structure provides for cost recovery to the City for staff time and consultant services in connection with the City’s vacant building/property ordinance; this item will be a minor clean -up to ensure that vacant properties are treated consistently with vacant buildings.

ALTERNATIVES

Provide feedback on the proposed ordinance and direct staff to return with an updated draft of the ordinance.

ATTACHMENT

1. Colton_ Ord. No. O-01-24 Amending Chapter 8.16 Relating to Vacant Properties 2 Packet Pg. 13
23152.06300\41791487.1
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ORDINANCE NO. O-01-24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF COLTON CALIFORNIA AMENDING COLTON
MUNICIPAL CODE CHAPTER 8.16 FOR THE PURPOSE

OF CLARIFYING THE APPLICATION OF THE CHAPTER

TO VACANT PROPERTIES
WHEREAS, the City Council of the City of Colton ( “City Council ”) has adopted an ordinance setting regulations pertaining to the registration and maintenance of vacant and abandoned commercial and industrial purposes (codified as CMC Chapter 8.16), for the purpose of avoiding blight and negative community conditions associated with vacant properties; and WHEREAS, the City Council’s power to legislate, by implication, includes the power to amend existing legislation (Blotter v. Farrell (1954) 42 Cal.2d 804, 811); and WHEREAS, the City Council , by way of this Ordinance, desires to amend certain portions of Chapter 8.16 to clarify that vacant property sites (in addition to vacant buildings developed on property sites) can, in designated circumstances, require compliance with the registration and other monitoring requirements established by that Chapter; and WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred.

NOW, THEREFORE, the City Council of the City of Colton, Californ ia, does ordain as follows:

SECTION 1 . Incorporation of Recitals . The City Council hereby finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

SECTION 2. Amendment of Chapter 8.16. Chapter 8.16 of the CMC is hereby amended to read as follows (additions shown in underline, deletions shown in strikethrough). “Chapter 8.16 - REGISTRATION AND MAINTENANCE OF VACANT AND

ABANDONED COMMERCIAL AND INDUSTRIAL PROPERTY
…

8.16.020 – Definitions.

In construing the provisions of this chapter, the following definitions shall apply:
…
“Property” means any real property interest or estate which may be granted or devised by deed. The word “property” inclu des tracts, lots, easements, or parcels of land and any and all

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Attachment: Colton_ Ord. No. O-01-24 Amending Chapter 8.16 Relating to Vacant Properties (4316 : Code Amendment - Vacant/Abanoned 23152.06300\41791487.1

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improvements, buildings, or structures thereon. any unimproved or improved real property or portion thereof, situated in the city and includes the buildings or structures located on the property regardless of condition.

…

“Vacant property” means any property, as herein defined, which has remained unoccupied and has not had any progress on construction, alteration, improvements, rehabilitation, or repair for a period of more than thirty (30) days.

…

8.16.030 – Property Owner Responsibilities.

A. No person, firm, partnership, corporation or other entity shall allow a commercial or industrial building designed for human use or occupancy or property, as that term is defined in Section 8.16.020, to stand vacant for more than forty -five days, unless the owner establishes by substantial evidence to the reasonable satisfaction of the chief building official that one of the following applies:

1. The building is the subject of an active buildi ng permit for repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation , or the property is the subject of other active entitlements and the owner is progressing diligently to obtain said entitlements and commence activity thereunder;

2. The building or property meets all applicable codes, is actively maintained in accordance with all city ordinances, is actively being offered for sale, lease, or rent, and, as applied to a vacant building specifically, is ready for occupancy., and is actively being offered for sale, lease, or rent;

3. The building or property does not contribute to and is not likely to contribute to blight because the owner is actively maintaining and monitoring the building or property so that it does not contribute to blight. Active maintenance and monitoring shall include:

a. Maintenance of landscaping and plant materials in good condition,

b. Maintenance of the exterior of the building, including, but not limited to, paint and finishes, in good condition,

c. Regular removal of all exterior trash, debris and graffiti,

d. Maintenance of the building or property in continuing compliance with all applicable codes and regulations,

e. Prevention of criminal activity on the premisesproperty, including but not limited to, use and sale of controlled substances, prostitution and criminal street gang activity,

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Attachment: Colton_ Ord. No. O-01-24 Amending Chapter 8.16 Relating to Vacant Properties (4316 : Code Amendment - Vacant/Abanoned 23152.06300\41791487.1

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f. Windows screened with opaque material that is compatible with the building that prevents interior space of the building f rom being visible from public rights of way or public property,

g. Securing the property in a manner so as not to be accessible to unauthorized persons, including, but not limited to, the replacement of broken windows and the closing and locking of windows, doors (walk -through, sliding and garage), gates and any other opening that may allow access to the interior of the property.

B. The owner of any boarded building, whether boarded by voluntary action of the owner or as a result of enforcement activity by the city, shall cause the boarded building to be rehabilitated for occupancy within ninety days after the building is boarded and shall comply with the provisions of subsection A. of this section.

C. It is declared a public nuisance for any person, partnership, association, corporation, fiduciary, or other legal entity that owns, leases, occupies, controls or manages any building or property subject to this chapter to cause, permit, or maintain such building or property in violation of subsections A. or B. of this section.

D. Upon the expiration of fifty -five days after a premises becomes a vacant building or property as defined herein, the owner of a vacant commercial or industrial building or property shall cause said building or property to be registered as a vacant building or property pursuant to the provisions of section 8.16.050 of this chapter and shall pay the registration fee required per section 8.16.060 of this chapter. Further, the owner of said vacant building or property shall comply with the provisions of sections 8.16.070, 8.16.080, and 8.16.090 of this chapter relating to local property management requirements and monitoring.

8.16.040 – Bonding and fencing requirements for vacant commercial or industrial buildings or properties.

A. Whenever a vacant commercial or industrial building or property remains vacant for a period of ninety days or more, in addition to the other requirements of this chapter the owner, beneficiary or trustee, as the case may be, shall post with the city a bond or similar security in an amount equal to three months estimated costs of blight prevention activities, as estimated by the chief building official.

B. Whenever a vacant commercial or industrial building or property remains vacant for a period of ninety days or more, in addition to the other requirements of this chapter, the owner, beneficiary or trustee, as the case may be, shall cause to be installed a minimum six -foot high chain link fence adjacent to the property boundaries, or other alternative fenci ng acceptable to the development services director that is adequate to protect the public safety and welfare, unless the director determines that the installation of such fencing will be detrimental to the public safety and welfare. Any fencing required under this section may additionally require screening if the director finds it necessary in order to protect the safety, streetscape and overall appearance of the site. The director may promulgate additional fencing standards for vacant properties consistent with this section.

8.16.050 – Registration requirements for vacant building or property.

Commented [1]: Question for staff – would you like to include vacant parcels in the bonding/fencing requirements or just leave it as actual buildings? I wrote in updates to this section 8.16.040 to include properties in addition to buildings, but you can cut those edits if you’d prefer.

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Attachment: Colton_ Ord. No. O-01-24 Amending Chapter 8.16 Relating to Vacant Properties (4316 : Code Amendment - Vacant/Abanoned 23152.06300\41791487.1

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A. Within ten (10) calendar days of City’s identification of any vacant building or property, through its own inspection or upon notification by the owner or any other person that the building or property is vacant, the City shall notify the owner and the owner shall have ten (10) calendar days from notification to file a completed Vacant Property Registration Form, as provided by the City, with the Development Serv ices Department. The registration form shall include information that includes but is not limited to:

1. The address of the vacant building or property;

2. The assessor parcel number of the vacant property or the site on which the vacant building is located;

3. The name, address, and telephone number of the owner, and if a notice of default has been issued, the name, address, and phone number of the beneficiary or trustee on the deed of trust shall be included. In the case of a corporation or out of area beneficiary or trustee, the local property management company or agent responsible for the security, maintenance, and monitoring of the building or property shall be included.

4. The date the property or building became vacant.

B. Any change in the information provided pursuant to subsection A, including but not limited to a change in ownership, partnership, association, corporation, fiduciary, or other legal entity that has registered a building or property under this section, shall require the owner to file a written statement updating such information with the Development Services Department within ten (10) calendar days of the change.

AC. Each owner, or a beneficiary orand trustee who holds a deed of trust on a property located within the City, shall perform an inspection of the property in question prior to any party recording a notice of default or similar instrument with the San Bernardino County clerk - recorder’s office.
…

8.16.080 – Monitoring program procedures.

A. Authority. Th e chief building official shall be responsible for administering a program for identifying and monitoring the maintenance of all vacant buildings and properties in the city. The program shall be documented and regularly updated. The program shall be available for public review.

B. Purposes. The purposes of the monitoring program shall be:

1. To identify buildings and properties that become vacant;

2. To order vacant buildings and properties that are open and accessible to be secured against unlawf ul entry pursuant to City codes, including the building code, or other applicable law;

Commented [2]: This new subsection is intended to clarify the registration issue as applied to vacant property in addition to buildings; do you already have a Vacant Property Registration Form that can be provided to owners pursuant to this section? If not, we can help prepare one.

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3. To initiate proceedings against the owner of any vacant building or property found to be substandard as defined in this chapter or a nuisance under any other provision of this code;

4. To maintain surveillance over vacant buildings or properties so that timely enforcement proceedings are commenced in the event a building or property becomes substandard or a nuisance; and

5. To establish and enforce rules and r egulations for the implementation and compliance with the provisions of this Chapter.

C. Fee Imposed. There is imposed upon every owner of a vacant building or property monitored pursuant to this chapter, an annual vacant building or property monitoring fee in an initial amount as the city council may establish by resolution, provided that the fee shall not exceed the estimated reasonable cost of monitoring the vacant building or property. The fee shall be payable as to any building or property, residential or nonresidential, which:

1. Is boarded up by voluntary action of the owner or as the result of enforcement activities by the city; or

2. Is vacant for more than ninety days for any reason.

D. Fee Deferral. The vacant building or property monitoring fee may be deferred upon a showing by the owner that:

1. The owner has obtained a building permit and is progressing diligently to repair the premises for occupancy; and

2. The building or property meets all applicable codes and is actively bei ng offered for sale, lease, or rent; and

3. Imposition of the fee is paid prior to final inspection and/or close of escrow of a pending sale.

E. Procedure. The vacant building or property monitoring fee shall be billed to the owner of the property and mailed to the owner's address as set forth on the last equalized assessment roll of the San Bernardino County assessor. Any owner billed may apply for a waiver on the grounds set forth in subsection D. of this section by submitting a written statement of the grounds for the waiver, and the owner's daytime telephone number, to the chief building official within thirty days after the billing is mailed to the owner. The owner shall provide substantial evidence in support of the owner's statement of the grounds for the waiver. The chief building official shall review the written statement and all related evidence and may contact the owner to discuss the application for waiver. The chief building official shall prepare a written decision which shall be mailed to the owner and shall set forth the reasons for the decision.

F. Any owner aggrieved by the decision of the chief building official relating to an application for waiver may appeal the chief building official's decision to the city manager by filing with the city clerk a written notice of appeal within ten days of the decision. The city Commented [3]: Same note here – would the City like to also impose monitoring fees against empty parcels? Right now, it’s written to just apply to empty buildings.

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manager shall set a time and place for a hearing of such appeal, and notice of such hearing shall be mailed, postage prepaid, to the owner at his or her last known address at least ten days prior to the date set for the hearing. The decision and order of the city manager on such appeal shall be final and conclusive.

G. If the fee is not paid within sixty days after billing, or within sixty days after the decision of the chief building official or the city manager, the city manager may thereupon order that the fee be specially assessed against the property involved. If the city manager orders that the fee be specially assessed against the property, it shall confirm the asses sment and thereafter said assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. All laws applicable to the levy, collection, and enforcement of real property taxes are applicable to the special assessment.

H. The city manager may also cause a notice of lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, a description of the real property subject to the lien, and the amount of the fee.

…”

SECTION 3. Compliance with California Environmental Quality Act . Based on the entire record before the City Council, and all written and oral evidence presented to the City Council, the City Council hereby finds that this ordinance is exempt from review under the California Environmental Quality Act (“CEQA”), pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Article 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 5. Effective Date. This ordinance shall become effective thirty (30) days after its adoption.

SECTION 6. Publication. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the pas sage and adoption thereof, cause the same to be published as required by law, in a local newspaper of general circulation and which is hereby designated for that purpose.

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PASSED, APPROVED AND ADOPTED this day of , 20 .

Frank Navarro, Mayor

ATTEST:

Stephanie M. Vargas, Deputy City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

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Attachment: Colton_ Ord. No. O-01-24 Amending Chapter 8.16 Relating to Vacant Properties (4316 : Code Amendment - Vacant/Abanoned

ITEM NO. 3

STAFF REPORT

DATE: JANUARY 16, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: WATER AND WASTEWATER COST OF SERVICE RATE STUDY DISCUSSION.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Receive and File Water and Wastewater Cost of Service Rate Studies and set future Public Hearing for March 19, 2024 – Proposed Adjustment to Water and Wastewater Rates.

BACKGROUND

The City of Colton Public Works and Utility Services Department operates and maintains the water and wastewater systems. The Water system consists of approximately 158 miles of pipelines ranging in size from 2 inches to 30 inches in diameter, wi thin four distinct pressure zones. Water supply consists of 100% groundwater produced from 8 active wells, 3 booster pump stations, 5 storage reservoirs with 11.3 million gallons capacity, to meet max day and peak hour demands and fire flows. The wastewater consists of approximately 170 miles of gravity flow pipelines up to 30 inches diameter, of which approximately 126 miles are City of Colton, and approximately 41 miles are the City of Grand Terrace, which Colton operates and maintains under agreement. The City also operates and maintains 9 pumping lift stations, a wastewater treatment facility and also is a participant with the City of San Bernardino in the RIX facility.

On April 5, 2022, the City Council and CUA approved the Professional Services Agreement with NBS, Inc. in the amount of $88,160 for the Water and Wastewater Cost of Service Rate Studies.

NBS determined an updated Rate structure that would meet the fiscal needs of the City and CUA. Key components of the rate structure to be proposed ar e (1) conformity with current state laws, (2) fair and objective rates (3) establish a methodology to retire debt in a reasonable time 3 Packet Pg. 21
Staff Report to the Mayor and City Council
Water and Wastewater Cost of Service Rate Studies
January 16, 2024

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frame (4) accountable and stable (5) easy to administer and explain to customers (6) meet revenue requirements of existing bond and any future bond sales.

The Water and Wastewater Rate Studies were presented at the Utilities Commission meeting on January 8, 2024. Commissioners unanimously approved the rate recommendations in the studies as presented, Option 2 for the Water Rates and Option 2 for the Wastewater Rates.

ISSUES/ANALYSIS

The City and Colton Utility Authority’s (CUA) water and wastewater rates pay for all operating expenses as well as fund, on a pay -as-you go basis, capital projects and debt services (annual principal + interest payments on outstanding debt and any future debt obligations). When the City and CUA issued bonds in the past to fund significant capital projects, the City and CUA guaranteed, and committed in these agreements, to establish and maintai n water rates at levels sufficient to cover or pay for all debt service payments. The City and CUA are committed to replacing aging water and wastewater infrastructure and securing an adequate water supply to meet current and future demands.

The study an alyzed and evaluated the current and projected Operation and Maintenance Costs, any Debt Service and Capital Improvement expenses to determine rate recommendations. The study concluded that the revenues from the City’s water and wastewater rates are and w ill be insufficient to cover (1) Current and projected operations and maintenance costs for the water system in particular energy, chemical supplies, water treatment costs, wastewater treatment costs and debt service obligations; and (2) The capital infras tructure improvements needed to maintain, repair and update the City’s aging water and wastewater systems. Accordingly, the study determined that the rate increases are necessary to avoid operational deficits, further depletion of reserves, and an inability to address infrastructure and water quality improvements.

Below are summary Tables of Water & Wastewater revenue requirements as determined through the analysis.

Summary of Water Revenue Requirements

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Staff Report to the Mayor and City Council
Water and Wastewater Cost of Service Rate Studies
January 16, 2024

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Budget
FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 Sources of Water Funds
Rate Revenue Under Prevailing Rates 13,486,900$ 13,621,769$ 13,757,987$ 13,895,567$ 14,034,522$ 14,174,867$ Non-Rate Revenues 315,536 318,691 321,878 325,097 328,348 331,632 Interest Earnings 32,300 444,866 498,633 445,310 280,345 185,753 Total Sources of Funds 13,834,736$ 14,385,326$ 14,578,498$ 14,665,973$ 14,643,215$ 14,692,252$ Uses of Water Funds
Operating Expenses 10,290,711$ 10,640,491$ 11,004,223$ 11,382,520$ 11,776,029$ 12,185,433$ Debt Service 1,506,173 1,383,223 1,380,923 1,006,269 2,486,051 2,483,301 Rate-Funded Capital Expenses - - 2,500,000 3,000,000 4,000,000 5,000,000 Total Use of Funds 11,796,884$ 12,023,714$ 14,885,146$ 15,388,788$ 18,262,080$ 19,668,735$ Surplus (Deficiency) before Rate Increase 2,037,852$ 2,361,612$ (306,648)$ (722,815)$ (3,618,865)$ (4,976,483)$ Additional Revenue from Rate Increases - 1,838,939 5,398,634 7,387,439 8,536,105 9,305,356 Surplus (Deficiency) after Rate Increase 2,037,852$ 4,200,551$ 5,091,986$ 6,664,624$ 4,917,240$ 4,328,873$ Projected Annual Rate Increase 0.00% 18.00% 18.00% 10.00% 5.00% 3.00% Cumulative Rate Increases 0.00% 18.00% 39.24% 53.16% 60.82% 65.65% Net Revenue Requirement1 11,449,048$ 11,260,157$ 14,064,635$ 14,618,382$ 17,653,387$ 19,151,351$

1. Total Use of Funds less non-rate revenues and interest earnings. This is the annual amount needed from water rates.

Summary of Sources and Uses of Funds
and Net Revenue Requirements
5-Year Rate Adoption Period

Summary of Sewer Revenue Requirements

Budget
FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 Sources of Sewer Funds
Rate Revenue Under Prevailing Rates 1 9,613,712$ 9,709,849$ 9,806,948$ 9,905,017$ 10,004,067$ 10,104,108$ Non-Rate Revenues 50,500 51,005 51,515 52,030 52,551 53,076 Contracted WWTP Services 2 - - - - - - One-Time Payment from Grand Terrace - - - - - - Interest Earnings 7,512 146,305 185,138 248,996 352,029 63,507 Total Sources of Funds 9,671,724$ 9,907,159$ 10,043,601$ 10,206,043$ 10,408,647$ 10,220,690$ Uses of Sewer Funds
Operating Expenses 10,182,774$ 10,447,588$ 10,743,363$ 11,051,764$ 11,372,379$ 11,705,730$ Debt Service 1,275,192 721,822 719,684 412,658 3,883,601 3,884,851 Rate-Funded Capital Expenses - - - - 3,973,829 4,315,843 Total Use of Funds 11,457,966$ 11,169,410$ 11,463,047$ 11,464,421$ 19,229,809$ 19,906,425$ Surplus (Deficiency) before Rate Increase (1,786,242)$ (1,262,250)$ (1,419,446)$ (1,258,378)$ (8,821,162)$ (9,685,735)$ Additional Revenue from Rate Increases - 3,883,940 6,394,130 8,912,534 9,951,946 11,059,244 Surplus (Deficiency) after Rate Increase (1,786,242)$ 2,621,689$ 4,974,684$ 7,654,157$ 1,130,784$ 1,373,509$ Projected Annual Rate Increase 0.00% 40.00% 18.00% 15.00% 5.00% 5.00% Cumulative Rate Increases 0.00% 40.00% 65.20% 89.98% 99.48% 109.45% Net Revenue Requirement3 11,399,954$ 10,972,100$ 11,226,394$ 11,163,395$ 18,825,229$ 19,789,843$

1. This is rate revenue from Colton and Grand Terrace customers.

2. This is revenue from SMC Grease, a contract customer whose charges are not automatically updated when the City adopts new rates.

3. Total Use of Funds less non-rate revenues and interest earnings. This is the annual amount needed from sewer rates.

Summary of Sources and Uses of Funds and
Net Revenue Requirements
Projected

Water Rates were last adjusted in Fiscal Year 2015/16 through 2019/20.

Wastewater Rates were last adjusted in Fiscal Year 2014/15 through 2017/18.

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Water and Wastewater Cost of Service Rate Studies
January 16, 2024

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Recommended Draft Water Rates

FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28
Projected Annal Revenue Increase 0.00% 18.00% 18.00% 10.00% 5.00% 3.00% Fixed Service Charge
5/8-inch meter $26.06 $30.48 $35.97 $39.57 $41.55 $42.79 3/4-inch meter $26.06 $30.48 $35.97 $39.57 $41.55 $42.79 1-inch meter $42.31 $47.76 $56.35 $61.99 $65.09 $67.04

1.5-inch meter $82.96 $90.94 $107.31 $118.04 $123.94 $127.66 2-inch meter $131.73 $142.76 $168.45 $185.30 $194.56 $200.40 3-inch meter $261.79 $280.94 $331.51 $364.66 $382.89 $394.38 4-inch meter $408.11 $436.39 $514.94 $566.44 $594.76 $612.60 6-inch meter $814.54 $868.21 $1,024.49 $1,126.94 $1,183.29 $1,218.79 8-inch meter $1,464.84 $1,559.12 $1,839.77 $2,023.74 $2,124.93 $2,188.68 10-inch meter $1,952.56 $2,077.31 $2,451.22 $2,696.34 $2,831.16 $2,916.10 Commercial Fire Meters - Fixed Service Charge
4-inch meter $90.69 $109.34 $129.02 $141.92 $149.02 $153.49 6-inch meter $205.14 $244.31 $288.29 $317.12 $332.98 $342.97 8-inch meter $357.74 $424.28 $500.66 $550.72 $578.26 $595.60 10-inch meter $561.21 $664.24 $783.81 $862.19 $905.30 $932.46 Commodity Charges for All Water Consumed
Single Family Residential Volumetric Rates:

Tier 1: 0 - 18 hcf $1.69 N.A. N.A. N.A. N.A. N.A.

Tier 2: 19+ hcf $2.47 N.A. N.A. N.A. N.A. N.A.

New, Uniform Rate
Rate Per HCF of Water Consumed N.A. $2.43 $2.86 $3.15 $3.31 $3.41 All Other Customers
Rate Per HCF of Water Consumed $1.91 $2.43 $2.86 $3.15 $3.31 $3.41 Water Rate Schedule Current
Rates
Proposed Water Rates

Recommended Draft Sewer Rates

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Water and Wastewater Cost of Service Rate Studies
January 16, 2024

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Current
FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 Projected Annual Revenue Increase 0.00% 40.00% 18.00% 15.00% 5.00% 5.00% Residential, Mobile Homes, Churches $34.33 $48.19 $56.86 $65.39 $68.66 $72.10 Multi-Family and Condo - per dwelling unit $29.87 $41.81 $49.33 $56.73 $59.57 $62.55 Charge per 100 students $77.52 $108.74 $128.31 $147.56 $154.94 $162.68 Low Strength $0.82 $2.52 $2.97 $3.41 $3.58 $3.76
Medium Strength $1.19 $2.98 $3.52 $4.05 $4.25 $4.46
High Strength $2.42 $6.56 $7.74 $8.90 $9.34 $9.81
Municipal
Emerald $1.06
A-Z Bus Sales $1.19
Inland Logistics, LLC - Lineage $1.19
Nichols Egg Ranch $1.19
Rancho Coin Laundry $1.19
Wood Springs Hotel $1.19
Rise Baking $2.42
Arrowhead Regional Med Ctr $2.42
C.R. England, Inc $2.94
Recommended RatesCURRENT VS. PROJECTED SEWER RATES
Move to Commercial (Med)
Move to Commercial (Med)
Move to Commercial (Low)
Move to Commercial (Low)
Move to Commercial (Low)
Move to Commercial (Low)
Move to Commercial (Low)
Move to Commercial (High)
Move to Commercial (Med)
Move to Commercial (High)
Significant Industrial Users - Charge per hcf
Special Commercial:

Special Med Consumption:

Special High Consumption:

Residential Users ($/mo. dwelling unit)
Schools
Commercial/Industrial ($/hcf/mo.)

FISCAL IMPACTS

Rate increases will provide the following: 1) Increase revenues to cover increasing operations and maintenance costs. 2) Provide funding to bond the major capital improvement projects such as reservoir construction, new wells, transmission and distribution water lines, w ater efficiency and water quality improvements , wastewater treatment plant upgrades, new wastewater operations building, lift station rehabilitations, sewer mains required to maintain the systems.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 3 Packet Pg. 25
1 City of Colton
Overview of
Water and Sewer Rate Studies
January 16, 2024

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 2 Overview of a Rate Study

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 3 Rate Study Purpose & Methodology
Why Prepare a Rate Study?

1. Required to comply with Prop 218

2. Typically prepared every 5 years (Last Water Rate Study was 9/2013, with rates implemented for FY 2015/16 through FY 2019/2020 , last Wastewater Rate Study was 12/2013, with rates implemented for FY 2014/15 through 2017/18.

3. They demonstrate the fairness & equity of customer rates General Rate Study Methodology:

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 4 Rate Study Methodology – Financial Plan
What are “Net Revenue Requirements”?
The Financial Plan estimates the costs to be recovered from customer rates:

These costs should also include funding for adequate levels of reserves.

O&M Costs
+ Debt Service
+ Capital Costs
- Non-Rate Revenues*
Net Revenue Requirements
* licenses, fines, application fees, etc.

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 5 Rate Study Methodology – Cost of Service
How Are Water Costs Assigned to Customers?
Cost of Service Analysis (COSA) allocates costs based on the cost to serve each type of customer.

Water Costs are typically allocated by:

1. System Capacity Costs (based on system peaking factors)

2. Commodity Costs (annual consumption)

3. Customer Costs (number of accounts)
Cost Allocations – Costs are then allocated to each customer class based on their proportional share of the above criteria.

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 6 Rate Study Methodology – Cost of Service
How Are Sewer Costs Assigned to Customers?
Sewer Costs are typically allocated to customers based on:

1. Flow-Related Costs (the amount of effluent generated)

2. Effluent Strength-Related Costs
• Biochemical Oxygen Demand (BOD/COD)
• Total Suspended Solids (TSS)

3. Customer Costs
What are Customer Classes? – Customers with similar
characteristics (effluent strength, volume, system demands, etc.) are grouped into classes.
(Note: Costs, rates and Prop 218 requirements are focused on Classes, not individual customers or properties)

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 7 Rate Study Methodology – Rate Design
What are Rate Design Objectives?
• Rates are proportional to cost of service (i.e., the cost to serve each customer or customer class)
• The San Juan Capistrano court decision (2015) mandated that rates “demonstrate the cost basis” in order to comply with Prop 218 o Primarily related to tiered water rates
o Basic principles apply to all rates
• Equitable & non-discriminating
• Ease of administration and understanding
• Provide revenue stability

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 8 Water Rate Study:

Draft Results

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 9 Water Rate Study Objectives
• Ensuring water rates will be able to cover all operating and maintenance costs.
• Ensuring sufficient funding for essential Capital Improvement Projects. • Maintaining appropriate reserve funds.
• Complying with legal requirements of Prop 218.

Purpose of a Water Rate Study:

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and Introduction
Financial Plan
Summary

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 11 Summary of Water Revenue Requirements
Budget
FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 Sources of Water Funds
Rate Revenue Under Prevailing Rates 13,486,900$ 13,621,769$ 13,757,987$ 13,895,567$ 14,034,522$ 14,174,867$ Non-Rate Revenues 315,536 318,691 321,878 325,097 328,348 331,632 Interest Earnings 32,300 444,866 498,633 445,310 280,345 185,753 Total Sources of Funds 13,834,736$ 14,385,326$ 14,578,498$ 14,665,973$ 14,643,215$ 14,692,252$ Uses of Water Funds
Operating Expenses 10,290,711$ 10,640,491$ 11,004,223$ 11,382,520$ 11,776,029$ 12,185,433$ Debt Service 1,506,173 1,383,223 1,380,923 1,006,269 2,486,051 2,483,301 Rate-Funded Capital Expenses - - 2,500,000 3,000,000 4,000,000 5,000,000 Total Use of Funds 11,796,884$ 12,023,714$ 14,885,146$ 15,388,788$ 18,262,080$ 19,668,735$ Surplus (Deficiency) before Rate Increase 2,037,852$ 2,361,612$ (306,648)$ (722,815)$ (3,618,865)$ (4,976,483)$ Additional Revenue from Rate Increases - 1,838,939 5,398,634 7,387,439 8,536,105 9,305,356 Surplus (Deficiency) after Rate Increase 2,037,852$ 4,200,551$ 5,091,986$ 6,664,624$ 4,917,240$ 4,328,873$ Projected Annual Rate Increase 0.00% 18.00% 18.00% 10.00% 5.00% 3.00% Cumulative Rate Increases 0.00% 18.00% 39.24% 53.16% 60.82% 65.65% Net Revenue Requirement1 11,449,048$ 11,260,157$ 14,064,635$ 14,618,382$ 17,653,387$ 19,151,351$

1. Total Use of Funds less non-rate revenues and interest earnings. This is the annual amount needed from water rates.

Summary of Sources and Uses of Funds
and Net Revenue Requirements
5-Year Rate Adoption Period

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 12 Rate Increases and CIP Program Costs
Proposed Rate Increases
Water model analysis investigated three rate revenue adjustment scenarios based on CIP and Debt Funding options:

Draft rates presentation focuses on selected:
• Option #2: 60% of CIP program and $30 million SRF loan. 2 CIP & FUNDING OPTION FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 1 70% CIP + $30M SRF 25% 20% 15% 5% 5%
2 60% CIP + $30M SRF 18% 18% 10% 5% 3%
3 50% CIP + $30M SRF 12% 12% 5% 5% 3%
PROP 218 RATE PERIOD

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 13 Water Rate Study Results
Graphical
Picture of
Water
Financial Plan:

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 14 Reserve Fund Levels
Water Reserves
Under Proposed
Water Rates &
Financial Plan:

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and Introduction
Cost-of-Service
Summary

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 16 Overview – Cost-of-Service Analysis
How Are Water Costs Assigned to Customers?
Cost of Service Analysis (COSA) allocates costs based on the cost to serve each type of customer.
• Water Costs are typically allocated by:

1. System Capacity Costs (based on system peaking factors)

2. Commodity Costs (annual consumption)

3. Customer Costs (number of accounts)
• Cost Allocations – Costs are then allocated to each customer class based on their proportional share of the above criteria.4

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 17 Classification Categories & Allocations
Classification Components
Commodity-Related Costs 8,730,334$ 54%
Conservation-Related Costs 592,405 4%
Capacity-Related Costs 5,353,060 33%
Customer-Related Costs 582,665 4%
Fire Protection-Related Costs 815,223 5%
Net Revenue Requirement 16,073,687$ 100%
Rate Alt. #1 -
42% Fixed / 58% Variable

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 18 Calculation of Fixed Service Charges
The fixed meter charge recognizes that the water utility incurs fixed costs regardless of whether customers use water.

Two components comprise the fixed meter charge:
(1) the capacity component, and
(2) the customer component.
• The capacity component recovers infrastructure costs associated with sizing the water system to ensure there is sufficient system capacity to meet peak demand. A user class with higher-peaking factor is allocated a proportionately higher share of the capacity-related costs compared to customer classes with lower a peaking factor.
• The customer component includes those costs related to reading and maintaining meters, customer billing and collection, and other customer service-related costs.

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 19 Calculation of Volumetric Service Charges
Commodity-Related (volumetric) costs are those that change with the volume of water produced and delivered. These commonly include the costs of energy related to pumping for transmission and distribution, source of supply, water quality testing, etc.

Customer Classes Number of
Meters1
Water
Consumption
(hcf/yr.)2
Target Rev.

Req't from
Vol. Charges3
% of Total
Rate Revenue
Uniform
Commodity
Rates ($/hcf)
Proposed
Rate
Structure
Single-Family Residen tial 9,253 2,056,674 4,991,579$ 31% $2.43 Uniform Commercial & Industrial 1,071 1,635,957 3,970,493 25% $2.43 Uniform Municipal 154 132,113 320,640 2% $2.43 Uniform
Commercial Fire 190 16,492 40,026 0% $2.43 Uniform
Total 10,668 3,841,236 9,322,739$ 58%

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 20 Recommended Draft Water Rates
FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28
Projected Annal Revenue Increase 0.00% 18.00% 18.00% 10.00% 5.00% 3.00% Fixed Service Charge
5/8-inch meter $26.06 $30.48 $35.97 $39.57 $41.55 $42.79 3/4-inch meter $26.06 $30.48 $35.97 $39.57 $41.55 $42.79 1-inch meter $42.31 $47.76 $56.35 $61.99 $65.09 $67.04

Tier 1: 0 - 18 hcf $1.69 N.A. N.A. N.A. N.A. N.A.

Tier 2: 19+ hcf $2.47 N.A. N.A. N.A. N.A. N.A.

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 21 Customer Bill Comparisons

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 22 Customer Bill Comparisons

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 23 Sewer Rate Study:

Draft Results

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 24 Sewer Rate Study Objectives
• Ensuring sewer rates will be able to cover all operating and maintenance costs.
• Ensuring sufficient funding for essential Capital Improvement Projects. • Maintaining appropriate reserve funds.
• Complying with legal requirements of Prop 218.

Purpose of a Sewer Rate Study:

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and Introduction
Financial Plan
Summary

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 26 Summary of Sewer Revenue Requirements
Budget
FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 Sources of Sewer Funds
Rate Revenue Under P revailing Rates1 9,613,712$ 9,709,849$ 9,806,948$ 9,905,017$ 10,004,067$ 10,104,108$ Non-Rate Revenues 50,500 51,005 51,515 52,030 52,551 53,076 Contracted WWTP Services 2 - - - - - -
One-Time Payment from Grand Terrac e - - - - - -
Interest Earning s 7,512 146,305 185,138 248,996 352,029 63,507 Total Sources of Funds 9,671,724$ 9,907,159$ 10,043,601$ 10,206,043$ 10,408,647$ 10,220,690$ Uses of Sewer Funds
Operating Expenses 10,182,774$ 10,447,588$ 10,743,363$ 11,051,764$ 11,372,379$ 11,705,730$ Debt Service 1,275,192 721,822 719,684 412,658 3,883,601 3,884,851 Rate-Funded Capital Expenses - - - - 3,973,829 4,315,843 Total Use of Funds 11,457,966$ 11,169,410$ 11,463,047$ 11,464,421$ 19,229,809$ 19,906,425$ Surplus (Deficiency) before Rate Increase (1,786,242)$ (1,262,250)$ (1,419,446)$ (1,258,378)$ (8,821,162)$ (9,685,735)$ Additional Revenue f rom Rate Inc reases - 3,883,940 6,394,130 8,912,534 9,951,946 11,059,244 Surplus (Deficiency) after Rate Increase (1,786,242)$ 2,621,689$ 4,974,684$ 7,654,157$ 1,130,784$ 1,373,509$ Projected Annual Rate Increase 0.00% 40.00% 18.00% 15.00% 5.00% 5.00% Cumulative Rate Increases 0.00% 40.00% 65.20% 89.98% 99.48% 109.45% Net Revenue Requirement3 11,399,954$ 10,972,100$ 11,226,394$ 11,163,395$ 18,825,229$ 19,789,843$

1. This is r ate revenue from Colton and Grand Terrace customers.

2. This is r evenue from SMC Grease, a contract customer whose charges are not automatically updated when the City adopts new rates.

3. Total Use of Funds less non-rate revenues and interest earnings. This is t he annual amount needed from sewer rates.

Summary of Sources and Uses of Funds and
Net Revenue Requirements
Projected

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 27 Rate Increases and CIP Program Costs
Proposed Rate Increases
Sewer model analysis investigated three rate revenue adjustment scenarios based on CIP and Debt Funding options:

Draft rates presentation focuses on selected:
• Option #2: 85% of CIP program and $70 million SRF loan. 2 CIP & FUNDING OPTION FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 1 100% CIP + $70M SRF 55% 20% 15% 5% 5%
2 85% CIP + $70M SRF 40% 18% 15% 5% 5%
3 50% CIP + $70M SRF 25% 15% 15% 5% 5%
PROP 218 RATE PERIOD

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 28 Sewer Rate Study Results
Graphical
Picture of
Sewer
Financial Plan:

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 29 Reserve Fund Levels
Sewer Reserves
Under Proposed
Sewer Rates &
Financial Plan:

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and Introduction
Cost-of-Service
Summary

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 31 Overview – Cost-of-Service Analysis
Sewer Costs are Assigned to Customers based on:

1. Flow-Related Costs - allocated by effluent generation

2. Effluent Strength-Related Costs
• Biochemical Oxygen Demand (BOD) - allocated by the pounds of BOD • Total Suspended Solids (TSS) - allocated by the pounds of TSS

3. Customer Costs - allocated by number of accounts or meters

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 32 Classification Categories & Allocations

BOD TSS
Net Revenue Requirements 1 6,991,155$ 2,706,165$ 2,706,165$ 1,190,303$ 13,593,789$ -- 51% 20% 20% 9% 100.0%
Residential 3,892,064$ 1,334,780$ 1,493,383$ 1,116,672$ 7,836,900$ 57.7% Multi-Family Residential 1,641,653$ 563,003$ 629,902$ 5,329$ 2,839,886$ 20.9% Schools 72,263$ 24,782$ 27,727$ 494$ 125,266$ 0.9%
Subtotal 5,605,980$ 1,922,566$ 2,151,012$ 1,122,495$ 10,802,053$ 79.5% Commercial
Commercial (Low) 424,825$ 94,701$ 65,202$ 38,803$ 623,531$ 4.6% Commercial (Med) 152,211$ 80,911$ 35,042$ 9,146$ 277,310$ 2.0% Commercial (Med - GT) 61,267$ 32,568$ 14,105$ 5,933$ 113,872$ 0.8% Commercial (High) 241,393$ 331,142$ 277,867$ 9,476$ 859,877$ 6.3% Commercial (High - GT) 37,958$ 52,071$ 43,694$ 742$ 134,465$ 1.0% Municipal 15,705$ 3,501$ 2,410$ 2,966$ 24,583$ 0.2%
Special Commercial:

Emerald 194,358$ 43,326$ 29,830$ 82$ 267,596$ 2.0%
Special Med Consumption:

A-Z Bus Sales 51,377$ 11,453$ 7,885$ 82$ 70,798$ 0.5%
Inland L ogistics, LLC - Lineage 20,991$ 4,679$ 3,222$ 82$ 28,974$ 0.2% Nichols Egg Ranch 26,159$ 5,831$ 4,015$ 82$ 36,087$ 0.3% Rancho Coin L aundry 1,778$ 457$ 375$ 82$ 2,692$ 0.0%
Wood Spring s Hotel 2,803$ 1,490$ 645$ 82$ 5,020$ 0.0%
Special High Consumption:

Rise Baking 31,903$ 54,705$ 36,723$ 82$ 123,414$ 0.9%
Arrowhead Regional M ed Ctr 111,350$ 47,734$ 21,363$ 82$ 180,530$ 1.3% C.R. England, Inc 11,098$ 19,031$ 12,775$ 82$ 42,987$ 0.3% Subtotal 1,385,176$ 783,599$ 555,153$ 67,807$ 2,791,736$ 20.5% Total 6,991,155$ 2,706,165$ 2,706,165$ 1,190,303$ 13,593,789$ 100.0% Customer Class Volume Customer
Related
Cost Classification Components Cost-of-
Service Net
Revenue
% of COS Net
Revenue
Requirements
Treatment

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 33 Recommended Draft Sewer Rates
Current
FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 Projected Annual Revenue Increase 0.00% 40.00% 18.00% 15.00% 5.00% 5.00% Residential, Mobile Homes, Churches $34.33 $48.19 $56.86 $65.39 $68.66 $72.10 Multi-Family and Condo - per dwelling unit $29.87 $41.81 $49.33 $56.73 $59.57 $62.55 Charge per 100 students $77.52 $108.74 $128.31 $147.56 $154.94 $162.68 Low Strength $0.82 $2.52 $2.97 $3.41 $3.58 $3.76
Medium Strength $1.19 $2.98 $3.52 $4.05 $4.25 $4.46
High Strength $2.42 $6.56 $7.74 $8.90 $9.34 $9.81
Municipal
Emerald $1.06
A-Z Bus Sales $1.19
Inland L ogistics, LLC - Lineage $1.19
Nichols Egg Ranch $1.19
Rancho Coin L aundry $1.19
Wood Spring s Hotel $1.19
Rise Baking $2.42
Arrowhead Regional M ed Ctr $2.42
C.R. England, Inc $2.94
Recommended RatesCURRENT VS. PROJECTED SEWER RATES
Move to Commercial (Med)
Move to Commercial (Med)
Move to Commercial (Low)
Move to Commercial (Low)
Move to Commercial (Low)
Move to Commercial (Low)
Move to Commercial (Low)
Move to Commercial (High)
Move to Commercial (Med)
Move to Commercial (High)
Significant Industrial Users - Charge per hcf
Special Commercial:

Special Med Consumption:

Special High C onsumption:

Residential Users ($/mo. dwelling unit)
Schools
Commercial/Industrial ($/hcf/mo.)

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 34 Customer Bill Comparisons

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 35 Customer Bill Comparisons

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 36 Customer Bill Comparisons

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 37 Customer Bill Comparisons

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 38 Next Steps
• Should City Council agree with recommended Rate changes, then a Public Hearing shall be set for the March 19, 2024, City Council meeting. • City Council provide alternative direction.

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and 39 Questions & Discussion

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Attachment: 2024_01_16_Colton City Council Presentation_COMBINED DRAFT_v3 (4277 : Water and

ITEM NO. 4

STAFF REPORT

DATE: JANUARY 16, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, DEPUTY CITY CLERK
SUBJECT: APPROVAL OF MINUTES FOR THE CITY COUNCIL REGULAR MEETINGS HELD ON NOVEMBER 21, 2023 AND DECEMBER 5,
2023, ON FILE IN THE OFFICE OF THE CITY CLERK.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approval of Minutes for the City Council Regular Meetings held on November 21, 2023 and December 5, 2023.

BACKGROUND

Minutes for the City Council Regular Meetings held on November 21, 2023 and December 5, 2023.

FISCAL IMPACTS

None

ATTACHMENT

1. 11-21-2023 Draft Minutes

2. 12-05-24 Draft Minutes
4 Packet Pg. 65
November 21, 2023 Regular City Council Meeting 1 -

CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

REGULAR MEETING MINUTES

November 21, 2023

Closed Session Meeting held on the above given date at 5:00 p.m., in the Council Chamber of City Hall, with Mayor Navarro presiding.

CITY COUNCIL ROLL CALL
Councilmembers present were Mayor Pro Tem Toro, Chastain, González, Echevarria and Mayor Navarro.

STAFF PRESENT
City Manager Smith, City Attorney Campos, and Deputy City Clerk Vargas

PUBLIC COMMENT
None

CLOSED SESSION
City Attorney Campos announced the City Council would meet in Closed Session to Discuss Items A and B.

A. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Ecology Recycling Services LLC v. City of Colton/Southern California Edison San Bernardino Superior Court, Case No.CIVSB2304149

B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
City of Colton v. Inland Memorial Cremational and Burial Society, Inc., et al.

San Bernardino Superior Court, Case No. CIVSB2300169

Mayor Navarro adjourned the meeting to Closed Session at 5:01 p.m. and at 6:00 p.m. the meeting reconvened, with all members present heretofore.

City Attorney Reports/Reportable Action

City Attorney Campos announced that the City Council met in Closed Session and discussed Item A and B and direction was given but there was no reportable action.

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Attachment: 11-21-2023 Draft Minutes (4327 : Draft Minutes - 11-21-23 & 12-5-23) November 21, 2023 Regular City Council Meeting 2 -

November 21, 2023

Regular Meeting held on the above -given date at 6 :00 p.m. in the Council Chamber of City Hall, with Mayor Navarro presiding.

INVOCATION: Pastor Peter Tasaka – The Vineyard Church
FLAG SALUTE: Mayor Pro Tem David Toro

CITY COUNCIL ROLL CALL

Council Members Present Staff Present
Frank J. Navarro, Mayor William R. Smith, City Manager David J. Toro, MPT Carlos Campos, City Attorney
Kelly J. Chastain Stephanie M. Vargas, Deputy City Clerk Dr. Luis S. González
John R. Echevarria

Council Members Absent
None

CEREMONIAL MATTERS
Presentations, Awards, Proclamations

 Business Focus - Flor's Diner
CM González presented a Recognition Certificate to Flor’s Diner; accepted by business owner’s Daughter/Manager Florencia Vineyard along with additional members of her family.

 Proclamation - Small Business Saturday
Mayor Navarro read a Certificate declaring Small Business Saturday in the City of Colton; designated the Saturday after Thanksgiving, November 25, 2023.

MAYOR AND COUNCIL ITEMS

POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF NOVEMBER 21, 2023.

GIFT DISCLOSURES
Mayor Navarro asked the members present if there were any agenda items that were a conflict of interest pursuant to CMC Section 2.04.030. None disclosed.

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Attachment: 11-21-2023 Draft Minutes (4327 : Draft Minutes - 11-21-23 & 12-5-23) November 21, 2023 Regular City Council Meeting 3 -
AB 1234 ORAL REPORTS
Mayor Navarro asked the members present if there were any brief reports on meetings attended at the expense of the City. (GC Section 53232.3(d). None disclosed.

MAYOR AND COUNCIL DISCUSSION ITEMS
None

PUBLIC HEARINGS

(1) Price List - Hermosa Gardens Cemetery - TIME AND PLACE FIXED TO CONSIDER A PUBLIC

HEARING TO APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF COLTON ESTABLISHING A PRICE LIST FOR SERVICES PROVIDED AT HERMOSA GARDENS CEMETERY, RESOLUTION NO. R-92-23.

The Mayor opened the Public Hearing.

The Deputy City Clerk Vargas submitted the Notice of Public Hearing (on file in the City Clerk’s Office) and there were no reports of protests or objections thereto.

Staff Presentation
Deb Farrar, Director of Community Services , presented for Council an overview of the agenda item and requested approval of staff’s recommendation.

Public Comment
None

Motion and Second by CM González/ MPT Toro to close the public hearing.

Vote: Unanimous, Motion Passes.

Council Discussion
Discernment and discussion between the Councilmembers present, with clarification and comments provided by Community Services Director Deb Farrar and Development Services Director Mark Tomich.

Motion and Second by CM González/ MPT Toro to approve and adopt Resolution No. R-92-23.

Vote: Unanimous, Motion Passes

(2) Ordinance - Library Board of Trustees Meetings - TIME AND PLACE FIXED TO CONSIDER A

PUBLIC HEARING TO WAIVE FULL READING, READ BY TITLE ONLY AND PASS FIRST

READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON AMENDING SECTIONS IN MUNICIPAL CODE, CHAPTER 2.60 RELATING TO THE COLTON PUBLIC LIBRARY, ORDINANCE NO. O-12-23.

The Mayor opened the Public Hearing.

The Deputy City Clerk Vargas submitted the Notice of Public Hearing (on file in the City Clerk’s Office) an d there were no reports of protests or objections thereto.

Staff Presentation
Deb Farrar, Director of Community Services , presented for Council an overview of the agenda item and requested approval of staff’s recommendation.

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Attachment: 11-21-2023 Draft Minutes (4327 : Draft Minutes - 11-21-23 & 12-5-23) November 21, 2023 Regular City Council Meeting 4 -

Public Comment
None

Motion and Second by CM Chastain/CM González to close the public hearing.

Vote: Unanimous, Motion Passes.

Council Discussion
Discernment and discussion between the Councilmembers present, with clarification and comments provided by Community Services Director Deb Farrar.

Motion and Second by CM González / MPT Toro to Waive Full Reading, Read by Title Only and Pass First Reading of an Ordinance No. O-12-23.

Vote: Unanimous, Motion Passes

BUSINESS ITEMS
None

***************************************************************************

PUBLIC COMMENT
The following community members addressed the Council: Miguel Leyva and Carlos Chavez.

***************************************************************************

CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 3 through 9.

CM Echevarria requested clarification from staff regarding Item 8 and 9.

CM Chastain requested clarification from staff regarding Item 9.

Motion and Second by CM Echevarria/MPT Toro to approve consent calendar Items 3 through 9.

Vote: Unanimous, Motion Passes.

(3) Minutes - Approval of Minutes for the City Council Special Meeting held on November 1, 2023 and for the Regular Meeting held on November 7, 2023, on File in the Office of the City Clerk.

(4) Warrants - Approve US Bank voucher dated 09/20/2023 for $63,170.62; replacement check number 208541 for $4,000.00; voucher numbers 208542 to 208619 dated 10/16/2023 and totaling $709,369.61; voucher numbers 208620 to 208694 dated 10/19/2023 and totaling $551,771.25; voucher numbers 208695 to 208793 dated 10/26/2023 and totaling $785,283.24 and a payroll disbursement listing dated 09/16/2023 to 09/29/2023 and totaling $1,071,859.08.

(5) City Treasurer's Report - Receive and File Treasurer's Report for August 2023.

(6) Additional Funding/AB 110 - ECE Program - Approve and Adopt a Resolution Accepting the Early Care and Education Division Additional Funding, AB110 and AB179, RESOLUTION NO. R-94-23.

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Attachment: 11-21-2023 Draft Minutes (4327 : Draft Minutes - 11-21-23 & 12-5-23) November 21, 2023 Regular City Council Meeting 5 -
(7) Continued Funding Application - ECE Program - Approve and Adopt a Resolution Adopting the CA Department of Education FY 24-25 Continued Funding Application for the Early Care and Education Division, RESOLUTION NO. R-99-23.

(8) Contract Award - MCC Equipment Rentals Inc - Approve a Contract Agreement with MCC Equipment Rentals. for the Citrus Street and Bordwell Avenue Emergency Water Main Repair.

(9) Purchase - McAvoy & Markham Engineering & Sales Company - Approve Purchase of Electric Meters from McAvoy & Markham Engineering & Sales Company.

MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor, Council and City Treasurer on various issues and activities throughout the community.

TREASURER’S REPORT
The City Treasurer gave a brief update on the City’s recent investment activity, and advised Council that he would provide a more detailed report at the next City Council Meeting scheduled for December 5, 2023.

CITY MANAGER'S REPORTS
None.

ADJOURNMENT

At 7:04 p.m.. Mayor Navarro adjourned the Regular Council Meeting.

__________________________
Stephanie M. Vargas, CMC, CPMC
Deputy City Clerk

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Attachment: 11-21-2023 Draft Minutes (4327 : Draft Minutes - 11-21-23 & 12-5-23) December 5, 2023 Regular City Council Meeting 1 -

CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

REGULAR MEETING MINUTES

December 5, 2023

Regular Meeting held on the above -given date at 6 :00 p.m. in the Council Chamber of City Hall, with Mayor Navarro presiding.

INVOCATION: Pastor Ruben Cimental – Sovereign Grace Impact Ministries FLAG SALUTE: Fire Marshall Ray Bruno

CITY COUNCIL ROLL CALL

Council Members Absent
None

CEREMONIAL MATTERS
Presentations, Awards, Proclamations

 Recognition - Police Officer of the Year Daniel Muro
Mayor Navarro presented a Certificate of Recognition on behalf of himself and the other Members of the Colton City Council to Officer Daniel Muro and recognized him as the Police Officer of the year for the year of 2022. Mayor Navarro congratulated Officer Daniel Muro and expressed his deepest gratitude for his dedication to serving the City of Colton. Police Chief Tim Heusterberg also recognized Officer Muro for his hard work and dedication by reading a summary of Officer Muro’s many accomplishments.

 Recognition - Colton High School Girls Tennis Team
CM Echevarria presented a Recognition Certificate to the Colton High School Girl’s Tennis Team for their outstanding athletic accomplishments while representing the City of Colton; certificates presented to the following Colton High School Tennis Team members:

 Shantel Marentes
 Juliette Echauregui
 Hazel Ramírez Maciaś
 Hailey Dubon
 Emily Melgarejo

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Attachment: 12-05-24 Draft Minutes (4327 : Draft Minutes - 11-21-23 & 12-5-23) December 5, 2023 Regular City Council Meeting 2 -
 Natalie Diaz
 Katia Razo
 Valeria Pech
 Ashley Galvan
 Angelina Valtierra
 Cherlin Cruz
 Proclamation – Recognition of Development Services Director Mark Tomich Mayor Navarro read a Proclamation of Recognition for the Development Services Director, Mark Tomich, upon his retirement , effective December 30, 2023; after 13 and a h alf years of se rvice with the City of Colton. Mayor Navarro shared many of Mark Tomich’s impressive accomplishments and expressed deep gratitude for his excellent service over the years. Mark Tomich, accompanied by his wife, accepted the Councils recognition.

MAYOR AND COUNCIL ITEMS

POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF DECEMBER 5, 2023.

GIFT DISCLOSURES
Mayor Navarro asked the members present if there were any agenda items that were a conflict of interest pursuant to CMC Section 2.04.030. None disclosed.

AB 1234 ORAL REPORTS
Mayor Navarro asked the members present if there were any brief reports on meetings attended at the expense of the City. (GC Section 53232.3(d). None disclosed.

MAYOR AND COUNCIL DISCUSSION ITEMS
None

PUBLIC HEARINGS

None.

BUSINESS ITEMS

(1) 2023 Climate Action Plan Update - Adopt 2023 Colton Climate Action Plan Update.

Staff Presentation
Mark Tomich, Director of Development Services presented for Council an overview of the item.

Public Comment
None.

Council Discussion
Discernment and discussion between Mayor and Councilmembers present, with clarification and comments provide by Environmental Conservation S upervisor Jessica Sutorus and Development Services Director Mark Tomich.

Motion and Second by CM Chastain/ CM Gonzalez to adopt the 2023 Climate Action Plan update.

Vote: Motion Passes, Unanimous

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Attachment: 12-05-24 Draft Minutes (4327 : Draft Minutes - 11-21-23 & 12-5-23) December 5, 2023 Regular City Council Meeting 3 -
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PUBLIC COMMENT
The following community members addressed the Council: Christina Perris, John Longfield, Frank Montes, and Ray Carlos.

CM Chastain left the Council Meeting early at 6:44pm.

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CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 2 through 13.

City Manager Bill Smith made a point to comment on the fact that Item #5, the contract award for traffic signal modification at the corner of Valley and La Cadena, would positively impact public safety in regards to a public comment that was made previously.

Motion and Second by CM González/MPT Toro to approve consent calendar Items 2 through 13.

Vote: Unanimous, Motion Passes with CM Chastain being absent.

(2) Warrants - Approve voucher numbers 208794 to 208871 dated 10/30/2023 and totaling $75,992.21; voucher numbers 208872 to 209002 dated 11/02/2023 and totaling $1,174,963.69; replacement check number 209003 for $1,861.70; voucher numbers 209004 to 209137 dated 11/13/2023 and totaling $4,488,711.11 and a payroll disbursement listing dated 09/30/2023 to 10/13/2023 and totaling $1,058,070.89.

(3) City Treasurer's Report - Receive and File Treasurer's Report for September 2023.

(4) Claim Form Submittal - South La Cadena Drive Bicycle Improvement Project - Approve Resolutions Authorizing the Submittal of the TDA Article 3 Claim Form for the South La Cadena Drive Bicycle Improvement Project; RESOLUTION NO. R-103-23; R-104-23.

(5) Contract Award - Crosstown Electrical & Data, Inc. - Approve the Award of Construction Contract to Crosstown Electrical & Data, Inc. for the Valley Blvd./La Cadena Dr. Traffic Signal Modification Project in the Amount of $306,983; RESOLUTION NO. R-102-23.

(6) Funding Allocation - Reche Canyon Road Realignment to Hunts Lane - Approve Resolution Amending the Fiscal Year 2023/2024 Capital Improvement Program Allocating Additional Funding for the Reche Canyon Road Realignment to Hunts Lane Project (Project), RESOLUTION NO. R-103-23.

(7) Grant Application - CA Deptartment of Parks & Recreation - Approve and Adopt a Resolution Adopting the CA Department of Parks and Recreation Application for the Outdoor Equity Grants Program for the Recreation Division, RESOLUTION NO. R-106-23.

(8) Policy Amendment - Sick Leave Policy per SB 616 - Approve Resolution Increasing Part-Time Sick Leave Hours, for Compliance with SB 616, RESOLUTION NO. R-100-23.

(9) Professional Service Agreements - SCPPA - Approve Professional Service Agreements for Energy Efficiency Programs through the Southern California Public Power Authority (SCPPA).

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(10) Purchase - Elk Grove Auto Group - Approve Purchase of Police Department Patrol Vehicles from Elk Grove Auto Group.

(11) Purchase Order Increase - SSD Alarm - Approve Amendment to the Purchase Order for SSD Alarm for FY 23/24 and Approve Purchase Orders for FY 2024/2025 and FY 2025/2026.

(12) Resolution - CalRecycle Grants - Approve Resolution Authorizing Applications for CalRecycle Grants, RESOLUTION NO. R-107-23.

(13) Second Reading of Ordinance No. O-12-23 - Waive Full Reading, Read By Title Only and Approve Second Reading of an Ordinance of the City Council of the City of Colton Amending Sections in Municipal Code, Chapter 2.60 Relating to the Colton Public Library, ORDINANCE NO. O-12-23.

MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor, Council and City Treasurer on various issues and activities throughout the community.

TREASURER’S REPORT
The City Treasurer gave an update on the City’s investment activity.

CITY MANAGER'S REPORTS
The City Manager, Bill Smith, informed the City Council that because there is no business scheduled the meetings of December 19, 2023 and January 2, 2024 will be canceled unless alternative direction is given or emergency business that cannot wait is needed; the next Regular Council Meeting will be January 16, 2024.

Smith also expressed his thanks to Development Services Director Mark Tomich for his service to the City of Colton and on a Personal note, expressed his appreciation for Tomich for his guidance as a college and as a friend.

ADJOURNMENT

At 7:23 p.m.. Mayor Navarro adjourned the Regular Council Meeting.

__________________________
Stephanie M. Vargas, CMC, CPMC
Deputy City Clerk

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ITEM NO. 5

STAFF REPORT

DATE: JANUARY 16, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE US BANK VOUCHER DATED 10/20/2023 FOR $64,774.48; WIRES TOTALING $2,333,278.41; VOUCHER NUMBERS 209138 TO 209240 DATED 11/16/2023 AND TOTALING $519,698.92; VOUCHER NUMBERS 209241 TO 209341 DATED 11/22/2023 AND TOTALING
$456,675.75 AND A PAYROLL DISBURSEMENT LISTING DATED
10/14/2023 TO 10/27/2023 AND TOTALING $1,055,770.41

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve US Bank voucher dated 10/20/2023 for $64,774.48; wires totaling $2,333,278.41; voucher numbers 209138 to 209240 dated 11/16/2023 and totaling $519,698.92; voucher numbers 209241 to 209341 dated 11/22/2023 and totaling $456,675.75 and a payroll disbursement listing dated 10/14/2023 to 10/27/2023 and totaling $1,055,770.41.

BACKGROUND

The California Government Code requires that the legislative body ratify al l vouchers issued in the course of conducting City business.

ISSUES/ANALYSIS

All vouchers and related backup documentation have been reviewed by the City Treasurer.

FISCAL IMPACTS

None.

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Staff Report to the Mayor and City Council
Warrants - Accounts Payable
January 16, 2024

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ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Fund Number and Title Legend

2. Voucher lists

3. Payroll Registers
5 Packet Pg. 76
City of Colton
Fund Number and Title Legend
Fund Title Fund Title
100 GENERAL FUND 701 LLMD #2
150 TREASURERS ACCOUNT GROUP 702 LLMD #1
206 COMMUN ITY CHILD CARE 703 CFO 87-1 DEBT SERV ICE
209 DSF FLY CONSERVATION 704 CFO 87-1 CONSTRUCT ION
210 SPECIAL GAS TAX 707 CFO 88-1 DEBT SERV ICE
211 LIBRARY GRANT FUND 708 CFO 88-1 CONSTRUCTION
212 STATE TRAFFIC RELIEF FUND 709 DSF FLY CONSERVATION
213 S.Y.E.T .P. GRANT 722 STORM WATER
214 POLLUT ION REDUCT ION FUND 733 CFO 89-1 CONSTRUCT ION 215 COMMUNITY DEV ACT FUND 734 CFO 89-2 CONSTRUCT ION
216 CDBG HOUS ING REHAB FUND 744 CFO 89-1 DEBT SERV ICE 217 DRUG/GANG INTERVENTION 745 CFO 89-2 DEBT SERV ICE
218 MEASURE I FUND 750 AQUA MANSA CFO
219 STATE AID- CAPITAL PROJECTS 754 SB COUNTY HOSPITAL
220 Vi Tep 762 TRUST AND AGENCY
225 MISC GRANTS 766 DEFERRED COMPENSAT ION
240 HOST CITY FEES - CIP 781 CFO 90-1 DEBT SERVICE
247 Quimby In Lieu Fees 782 CFO 90-1 CONSTRUCT ION
248 PARK DEVELOPMENT FUND 850 Redeve lopment Obligation Retirement Fund 249 TRAFF IC IMPACT FUND 851 Successor Agency Administration 250 NEW FAC ILITIES DEVELOPMENT FEE 855 Hous ing Auth - RM PARK DEVELOPMENT 251 CIVIC CENTER DEVELOPMENT FEE 856 Housing Auth - RANCHO MED BOND PROCEEDS 252 FIRE FAC ILITY DEVELOPMENT FEE 857 LMI Asset Fund
253 POLICE FACILITY DEVELOPMENT FEE 864 Housing Auth - LOW/MOD BOND PROCEEDS 261 ASSET FORFEITURE 865 Housing Auth - RANCHO MED CHFA 326 AD 94-1 DEBT SERVICE 866 ECONOM IC DEVELOPMENT
332 1971 SEWER BONDS, A & C 867 Consolidation Proj_08 -09 350 PFA Debt Fund 870 Housing Auth - RM PARK OPERAT IONS 357 POB-Non Enterprise 871 Successor Agcy-RANCHO/M ILL PROJECT AREA 358 PENS ION OBLIGATION DEBT SERV ICE 872 Succe ssor Agcy-RANCHO/MILL DEBT SERV ICE 359 CORP YARD DEBT SERV ICE 873 Successor Agcy-RDA II PROJECT FUND 363 1978-2 ASSESSMENT DIST . 874 Housing Auth - LOW/MOD DEBT SERV ICE 364 WATER IMPRVMNT DIST A 875 Housing Auth - LOW/MOD BOND PROCEEDS 379 AD 1979-1 DEBT SERV ICE 876 Successor Agcy-SANTA ANA RIV BND PROCEED 427 AD 94-1 CONSTRUCT ION 877 Successor Agcy-SANTA ANA RIVER CIP 450 Capita l Improvement Project s 878 RDA FIXED ASSETS GROUP 451 Colton Crossing Fund 879 Successor Agcy-WEST VALLEY CIP 453 STREET IMPROVEMENTS PRGM 881 Successor Agcy-MT VERNON BOND PROCEEDS 457 CAP ITAL IMPROVEMENT 882 Successo r Agcy-MT VERNON CIP 469 EQU IPMENT REPLACEMENT 885 Successor Agcy -MT VERNON DEBT SERV ICE 520 ELECTR IC UTILITY 886 RDA ADM INISTRAT ION
521 WATER UTILITY 887 COOLEY RANCH - now 894
522 WAS TEWATER UTILITY 888 MT VERNON - now 882
523 SOLID WASTE 889 WEST VALLEY - now 879
524 CEMETERY 890 Successor Agcy-RDA - LONG TERM DEBT GRP 525 RECYCLING 891 Successo r Agcy-RDA I DEBT SERV ICE FUND 526 PUBLIC BENEFIT FUND 892 Successor Agcy-RDA I - CAP ITAL PROJECTS 527 WASTEWATER UTILITY - GRAND TERRACE 893 Successor Agcy -RDA II DEBT SERV ICE FUND 551 WATER DEVELOPMENT 894 Successor Agcy -COOLEY RANCH PRO JECT 552 SEWER DEVELOPMENT 895 Successor Agcy-COOLEY RANCH DEBT SERV 560 CEMETARY ENDOWMENT CARE 896 SANTA ANA RIVER - now 877 605 Facility & Equipment Maintenance Fund 897 Successor Agcy-SANTA ANA RIVER DEBT SVC 606 INFORMATION SERV ICES FUND 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 607 INSURANCE FUND 899 Successor Agcy-WEST VALLEY PRJ - DBT SV 608 AUTOMOT IVE SHOP 941 GENERAL LONG -TERM DEBT
610 AUTOMOT IVE SHOPS 958 GENERAL FIXED ASSETS
990 GASB 34

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ITEM NO. 6

STAFF REPORT

DATE: JANUARY 16, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: AURELIO DE LA TORRE, CITY TREASURER
SUBJECT: RECEIVE AND FILE CITY TREASURER'S REPORT FOR OCTOBER 2023.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Receive and File City Treasurer's Report for October 2023.

ATTACHMENT

1. Treasurer's report October 2023.xls
6 Packet Pg. 149

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ITEM NO. 7

STAFF REPORT

DATE: JANUARY 16, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM MCHARGUE, FIRE CHIEF
SUBJECT: APPROVE AND ADOPT A RESOLUTION TO RATIFY THE
ACCEPTANCE OF $100,000 FROM THE SAN BERNARDINO

COUNTY BOARD OF SUPERVISORS DISCRETIONARY FUNDS TO
PURCHASE 10 MOTOROLA RADIOS AND INCREASE REVENUES
AND APPROPRIATIONS IN THE AMOUNT OF $100,000,
RESOLUTION NO. R-05-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

It is recommended that the City Council ratify the acceptance of $100,000 from San Bernardino County Board of Supervisors Discretionary Fund for the purchase of ten new Motorola radios and increase revenues and appropriations in the amount of $100,000. Waive the formal bidding process in accordance with Colton Municipal Code Section 3.08.140(c) and authorize the City to piggyback on a Los Angeles County bid for the purchase of ten APX 8000 All Band Portable radios and accessories for an amount not to exceed $100,000.

BACKGROUND

In December 2023, Colton was contacted by the San Bernardino County Board of Supervisors to advise that discretionary funds may be available if t here were any current organization al needs that would improve departm ental operations and provide for the safety, health, and needs of the community. After discussion and evaluation with staff, it was concluded that our greatest current need was for ten new Motorola radios.

ISSUES/ANALYSIS

7 Packet Pg. 160
Staff Report to the Mayor and City Council
Acceptance of Funds - BOS
January 16, 2024

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Our current XTS 5000 Motorola r adios are not being supported with the manufacturer no longer making parts for repair of the radios. The Motorola APX 8000 is the current model of our radio and has the increased capabilities of both 800 and 900 MHz and Bluetooth technology for better fireground communication with direct communication between the breathing apparatus mask and the radio. Four of the Motorola APX 8000 have been purchased with the new tiller truck , however 21 additional radios are still needed to outfit all frontline fire app aratus and officers.

Colton had previously applied for a regional grant to secure the needed radios, however that grant was not awarded.

Motorola is extending the Los Angeles County pricing to the City of Colton for the purchase of these radios.

Colton M unicipal Code, Title 3, Chapter 3.08.140, Section (c), Competitive Bidding Already Completed: allows the competitive bidding requirements be waived when the authorized contracting party determines that a competitive bid procedure has been conducted by anot her public agency (e.g. piggyback purchase) and the price to the City is equal or better than the price to that public agency. Since the above contract was competitively bid and awarded by another public agency and since the price is equal to or better th an the price offered to the public, the criteria in Title 3, Chapter 3.08.140 (c) of the Colton Municipal Code has been satisfied.

FISCAL IMPACTS

Acceptance of the discretionary funds will increase FY2023-24 revenues by $100,000 in revenue account number 225-5879-024 and increase appropriations by a corresponding amount in account number 225-6090-6091-2301-0000-024 to purchase the new radios.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. QUOTE-2432198-1

2. RESO-05-24 PURCHASE MOTOROLA RADIOS

3. CON-BOS-01-23-24-City of Colton Fire Department
7 Packet Pg. 161
MOTOROLA SOLUTIONS QUOTE- 2432198
11/ 28/ 2023

COLTON, CITY OF
650 N LA CADENA DR
COLTON, CA 92324
Dear Kevin Valentin,
Motorola Solutions is pleased to present COLTON, CITY OF with this quote for quality communications equipment and services. The development of this quote provided us the opportunity to evaluate your requirements and propose a solution to best fulfill your communications needs.

This information is provided to assist you in your evaluation process. Our goal is to provide COLTON, CITY OF with the best products and services available in the communications industry. Please direct any questions to Colin Watts at Colin. Watts@motorolasolutions. com.

We thank you for the opportunity to provide you with premier communications and look forward to your review and feedback regarding this quote.

Sincerely,
Colin Watts

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Attachment: QUOTE-2432198-1 (4340 : Acceptance of Funds - BOS) 0 MOTOROLA SOLUTIONS QUOTE- 2432198
Billing Address: Quote Date: 11/ 28/ 2023
COLTON, CITY OF Expiration Date: 02/ 26/ 2024
650 N LA CADENA DR Quote Created By:

COLTON, CA 92324 Colin Watts
US
Colin. Watts@
motorolasolutions. com
End Customer:

COLTON, CITY OF
Kevin Valentin
Line# Item Number Description Qty List Price Sale Price Ext. Sale Price APXTM 8000 Series APX8000
1 H91TGD9PW7AN APX 8000 ALL BAND 1 7, 774. 00 5, 675. 02 5, 675. 02 PORTABLE MODEL 3. 5
1a Q806CB ADD: ASTRO DIGITAL CAI 1 567. 00 413. 91 413. 91

OPERATION
1 b Q361AN ADD: P25 9600 BAUD 1 330. 00 240. 90 240. 90

TRUNKING
1c QA05509AA DEL: DELETE UHF BAND 1 800. 00 584. 00 584. 00 1d Q53AF ADD: FRONT PANEL 1 165. 00 120. 45 120. 45

PROGRAMMING & CLONING
1e QA05100AA ENH: STD 1 YR WARRANTY 1 0. 00 0. 00 0. 00

APPLIES NO SFS
1f Q498AU ENH: ASTRO 25 OTAR W/ 1 814. 00 594. 22 594. 22

MULTI KEY
lg H38BS ADD: SMARTZONE 1 1, 650. 00 1, 204. 50 1, 204. 50

OPERATION
1h QA09113AB ADD: BASELINE RELEASE 1 0. 00 0. 00 0. 00
SW
1i G996AP ADD: PROGRAMMING OVER 1 110. 00 80. 30 80. 30 P25 ( OTAP)
1j Q629AH ENH: AES ENCRYPTION AND 1 523. 00 381. 79 381. 79 ADP
ID
AnysalestransactionfollowingMotorola's quoteisbasedonandsubjecttothetermsandconditionsofthevalidandexecutedwrittencontractbetweencustomerandMotorola(the Underlying Agreement"") that authorizes customer to purchase equipment and/ or services or license software( collectively"" Products''). If no underlying Agreement exists between Motorola and customer, they Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States- 60661-#: 36- 1115800

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Attachment: QUOTE-2432198-1 (4340 : Acceptance of Funds - BOS) 0 MOTOROLA SOLUTIONS QUOTE- 2432198
Line# Item Number Description Qty List Price Sale Price Ext. Sale Price 2 PMNN4486A BATT IMPRES 2 LIION R IP67 1 188. 27 137. 44 137. 44 3400T
3 PMMN4107C AUDIO ACCESSORY- 1 594. 00 433. 62 433. 62

REMOTE SPEAKER
MICROPHONE, XE500

REMOTE SPKR MIC

WITHOUT CHANNEL KNOB,

HIGH IMPACT GREEN
4 NNTN7624C CHARGER, CHR IMP VEH EXT 1 509. 76 372. 12 372. 12

NA/ EU KIT
Grand Total 9, 070. 27( USD)
Notes:

Unless otherwise noted, this quote excludes sales tax or other applicable taxes (such as Goods and Services Tax, sales tax, Value Added Tax and other taxes of a similar nature). Any tax the customer is subject to will be added to invoices.
0 AnysalestransactionfollowingMotorola'squoteisbasedonandsubjecttothetermsandconditionsofthevalidandexecutedwrittencontractbetweencustomerandMotorola(the""Underlying Agreement,) that authorizes customer to purchase equipment and/ or services or license software( collectively"" Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's StandardTermsof UseandMotorola's StandardTermsandConditionsof SalesandSupplyshallgovernthepurchaseoftheProducts.

Motorola Solutions, Inc.: 500 West Monroe, United States- 60661-#: 36- 1115800

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RESOLUTION NO. R-05-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COLTON TO RATIFY ACCEPTANCE OF THE COUNTY BOARD

OF SUPERVISORS DISCRETIONARY FUNDS AWARD OF
$100,000 TO PURCHASE TEN NEW MOTOR OLA RADIOS FOR

THE FIRE DEPARTMENT AND TO INCREASE REVENUES AND
APPROPRIATIONS IN THE AMOUNT OF $100,000
WHEREAS: The City of Colton was awarded funding from the San Bernardi no County Board of Supervisors Discretionary Fund for $100,000 to the City of Colton for the C ity of Colton Fire Department for 10 new Motorola radios.; and WHEREAS: The re-allocation of appropriations between department activities may be made by the City Manager. Amendments (increases/decreases) to the budget shall be by approval and Resolution of the City Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Ratify the acceptance of a $100,000 discretionary fund grant from the San Bernardino County Board of Supervisors for the purchase of 10 new Motorola radios.

SECTION 2. Increase FY2023-24 revenues by $100,000 in Account Number 225 -5879- 024 and increase FY2023-24 appropriations in Account Number 225-6090-6091-2301- 0000-024 by $100,000 to purchase ten new Motorola radios.

PASSED, APPROVED AND ADOPTED this 16th day of January, 2024.

ATTEST: FRANK J. NAVARRO
Mayor

STEPHANIE VARGAS
Deputy City Clerk

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THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY

Board of Supervisors

Department Contract Representative Stephanie Maldonado Telephone Number 909-387-4378

Contractor City of Colton
Contractor Representative Tim McHargue
Telephone Number 909-370-5102
Contract Term 01/23/24-01/22/25
Original Contract Amount Not-to-Exceed $100,000
Amendment Amount
Total Contract Amount Not-to-Exceed $100,000
Cost Center 1025001000

IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, it is the policy of the Board of Supervisors (Board) to work with community partners through services provided by San Bernardino County (County) and contractual agreements to identify programs, projects, and initiatives, that support the mission of the County, and to provide services to citizens that promote health, safety, economic well-being, education, recreation, and other public services that enhance quality of life, and meet the needs of the County’s citizens; and

WHEREAS, under Government Code sections 26224 and 26227 the Board may contract with certain entities to provide certain services to County residents; and,

WHEREAS, on September 21, 2021 (Item No. 18), the Board approved the Board of Supervisors Discretionary Fund – District Specific Priorities Program (Priorities Program) and allocated $4 million to each of the five supervisorial districts; and

WHEREAS, on November 16, 2021 (Item No. 33), the Board approved an additional allocation of $7 million to each of the five supervisorial districts under the Priorities Program; and WHEREAS, the County desires to provide funding to the City of Colton (Contractor) to purchase ten ( 10) Motorola Mobile Radios including necessary accessories and software to allow for quick and effective communication when responding to first responder calls; and Contract Number

SAP Number

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WHEREAS, the County would like the Contractor through its Fire Department to provide these services; and WHEREAS, the County finds Contractor qualified to be provided the funding to assist with the purchase of ten (10) Motorola Mobile Radios including necessary accessories and software; and WHEREAS, providing funding to Contractor serves the public purpose of providing for the health, public safety, and emergency response needs of County residents; and
WHEREAS, the County residents of Colton and the surrounding communities of the Fifth District will be served by the purchase of the radios; and
WHEREAS, the County desires that such services be provided by Contractor and Contractor agrees to perform these services as set forth below.

NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:

A. PURPOSE OF CONTRACT
This Contract is made for the purpose of providing funding to support Contractor in purchasing ten (10) Motorola Mobile Radios for the Colton Fire Department to meet the needs of the residents of Colton and surrounding communities.

B. CONTRACTOR RESPONSIBILITIES AND SCOPE OF SERVICES
B.1 Funding arising out of this Contract will be used for a Scope of Services to assist Contractor with purchasing 10 Motorola Mobile Radios including necessary accessories and software to provide for the health, emergency response, and public safety needs of the County residents and first responders and promote the Countywide Vision. The radios will be used by the Colton Fire Department for quick and effective communication when responding to first responder calls.

B.2 Contractor shall allow the County, its officers, agents and employees the privilege and right to on- site inspection of the Motorola Mobile Radios for the duration of this Contract. Contractor will ensure that its employees or agents furnish any information that in the judgment of the County, may be relevant to a question of compliance with contractual conditions, or the effectiveness, legality, and achievements of the program.

B.3 Contractor shall provide the County all documentation regarding the scope of services covered by this Contract that the County requests from Contractor within 10 days of County’s request unless a different time is agreed to by the County.

B.4 Contractor shall provide the County with documentation supporting completion of the project within 60 days of project completion.

C. GENERAL CONTRACT REQUIREMENTS
C.1 Recitals
The recitals set forth above are true and correct and incorporated herein by this reference.

C.2 Contract Amendments
Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.

C.3 Contract Assignability
Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part. Any attempt by Contractor to assign any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract.

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C.4 Contract Exclusivity
This is not an exclusive Contract. The County reserves the right to enter into a contract with other contractors for the same or similar services. The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.

C.5 Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising fr om a third- party legal action against a party hereto and payable under Indemnification and Insurance Requirements.

C.6 Background Checks for Contractor Personnel
Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (b) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the County ; and (c) are not otherwise disqualified from performing the Services under applicable l aw. If requested by the County and not in violation of applicable l aw, Contractor shall conduct a background check , at Contractor’s sole expense, on all its personnel providing Services. If requested by the County, Contractor shall provide the results of the background check of each individual to the County. Such background check shall be in the form generally used by Contractor in its initial hiring of employees or contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12-month period. Contractor personnel who do not meet the County’s hiring criteria, in County’s sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contract personnel to any County facility.

C.7 Change of Address
Contractor shall notify the County in writing, of any change in mailing address within ten (10) business days of the change.

C.8 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.

C. 9 Compliance with County Policy
In performing the Services and while at any County facilities, Contractor personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the County regarding health and saf ety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the County; and (d) abide by all laws applicable to the County facilities and the provision of the Services, and all amendments and modifications to each of the documents listed in subsections (b), (c), and (d) (collectively, “County Policies”). County Policies, and additions or modifications thereto, may be communicated orally or in writing to Contractor or Contractor personnel or may be made available to Contractor or Contractor personnel by conspicuous posting at a County facility, electronic posting, or other means generally used by County to disseminate such information to its employees or contractors. Contractor shall be responsible for the promulgation and distribution of County Policies to Contractor personnel to the extent necessary and appropriate.

County shall have the right to require Contractor’s employees, agents, representatives and subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract.

C.10 Confidentiality

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Contractor shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving Services pursuant to this Contract, except for statistical information not identifying any participant. Contractor shall not use or disclose any identifying information for any other purpose other than carrying out the Contractor's obligations under this Contract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract.

C.11 Primary Point of Contact
Contractor will designate an individual to serve as the primary point of contact for the Contract.

Contractor or designee must respond to County inquiries within two (2) business days. Contractor shall not change the primary contact without written acknowledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.

C.12 County Representative
The Fifth District Supervisor or his/her designee shall represent the County in all matters pertaining to the services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by Contractor. Except as provided under Section D of this Contract, i f this contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.

C.13 Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees or agents. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.

If the Contractor fails to make timely repairs, the County may make any necessary repairs. The Contractor, as determined by the County, shall repay all costs incurred by the County for such repairs, by cash payment upon demand, or County may deduct such costs from any amounts due to the Contractor from the County, as determined at the County’s sole discretion.

C. 14 Debarment and Suspension
Contractor certifies that neither it nor its principals or subcontract ors is presently debarred , suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov ).

Contractor further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

C.15 Drug and Alcohol Free Workplace
In recognition of individual rights to work in a safe, healthful and productive work place, as a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment:

C.15.1 Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.

C.15.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.

C.15.3 Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.

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The Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impai rment from same while performing such service for the County.

The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above.

C.16 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.

C.17 Employment Discrimination
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic infor mation, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status.

Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.

C.18 Environmental Requirements
In accordance with County Policy 11 -08, the County prefers to acquire and use products with higher levels of post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable.

To assist the county in meeting the reporting requirements of the California Integrated Waste Management Act of 1989 (AB 939), Contractor must be able to annually report the County’s environmentally preferable purchases. Contractor must also be able to report on environmentally preferable goods and materials used in the provision of their service to the County, utilizing a County approved form.

C.19 Improper Influence
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.

C.20 Improper Consideration
Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.

The County, by written notice, may immediately terminate this Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition

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shall apply to any amendment, extension or evaluation process once a contract has been awarded.

Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with super vision of the employee or the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.

C.21 Informal Dispute Resolution
In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement.

To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

C.22 Legality and Severability
The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated o r held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.

C.23 Licenses, Permits and/or Certifications
Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Contractor will notify County immediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.

C.24 Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immedia tely terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.

C.25 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.

C.26 Nondisclosure
Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Contractor or an agent of Contractor or otherwise made available to Contractor or Contractor’s agent in connection with this Contract; or, (2) acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to, technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.

C.27 Notice of Delays

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Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.

C.28 Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for services (and products, if applicable). All such items shall be delivered to County at the completion of work under the Contract, subject to the requirements of Section IV –Term of the Contract. Unless otherwise directed by County, Contractor may retain copies of such items.

C.29 RESERVED.

C.30 Air, Water Pollution Control, Safety and Health
Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract.

C.31 Records
Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract.

All records relating to the Contractor’s personnel, consultants, subcontractors, Services/Scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy.

C.32 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or im plied, on behalf of the other Party hereto.

C.33 Release of Information
No news releases, advertisements, public announcements or photographs arising out of the Contract or Contractor’s relationship with County may be made or used without prior written approval of the County.

C.34 Representation of the County
In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the San Bernardino County.

C.35 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.

C.36 Subcontracting

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Contractor shall obtain County’s written consent, which County may withhold in its sole discretion, before entering into Contracts with or otherwise engaging any subcontractors who may supply any part of the Services to County. At County’s request, Contractor shall provide information regarding the subcontractor’s qualifications and a listing of a subcontractor’s key personnel including, if requested by the County, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for the actions or omissions of its subcontractors under the terms and conditions specified in Section G. All approved subcontractors shall be subject to the provisions of this Contract applicable to Contractor Personnel.

For any subcontractor, Contractor shall:

C.36.1 Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; and
C.36.2 Ensure that the subcontractor follows County’s reporting formats and procedures as specified by County.

C.36.3 Include in the subcontractor’s subcontract substantially similar terms as are provided in Sections B. Contractor Responsibilities and C. General Contract Requirements.

Upon expiration or termination of this Contract for any reason, County will have the right to enter into direct Contracts with any of the Subcontractors. Contractor agrees that its arrangements with Subcontractors will not prohibit or restrict such Subcontractors from entering into direct Contracts with County.

C. 37 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way concerning the Goods or Services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County.

C.38 Termination for Convenience
The County and the Contractor each reserve the right to terminate the Contract, for any reason, with a thirty (30) day written notice of termination. Such termination may include all or part of the services described herein. Upon such termination, payment will be made to the Contractor for services rendered and expenses reasonably incurred prior to the effective date of termination.

Upon receipt of termination notice Contractor shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports.

County may immediately terminate this Contract upon the termination, suspension, discontinuation or substantial reduction in County funding for the Contract activity or if for any reason the timely completion of the scope of work described in Section A or B under this Contract is rendered improbable, infeasible or impossible.

Upon Contract termination, Contractor shall immediately transfer to County all County Funds on hand at the time of expiration and any accounts receivable attributable to the use of County Funds.

C.39 Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.

C.40 Venue

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The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.

C.41 Conflict of Interest
Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors and the County. Contractor shall make a reasonable effort to prevent employees, Contractor, or members of governi ng bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for private gain for themselves or others such as those with whom they have family business, or other ties.

Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and state law. In the event the County determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor’s officers, employees, or agents hav e family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant.

C.42 Former County Administrative Officials
Contractor agrees to provide, or has already provided information on former San Bernardino County administrative officials (as defined below) who are employed by or represent Contractor.

The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of Contractor. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Executive Officer or member of such officer’s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.

C.43 Disclosure of Criminal and Civil Procedures
The County reserves the right to request the information described herein from the Contractor.

Failure to provide the information may result in a termination of the Contract . The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The Contractor also may be requested to provide information to clarify initial responses. Negative information discovered may result in Contract termination.

Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm, or any of its partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Contractor will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.

In addition, the Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the firm or those

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individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Contractor will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.

For purposes of this provision “key employees” includes any individuals providing direct service to the County. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations.

C.44 Copyright
County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under this Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of this Contrac t shall acknowledge the San Bernardino County as the funding agency and Contractor as the creator of the publication. No such materials, or properties produced in whole or in part under this Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printer material, and periodicals, assembled pursuant to this Contract must be filed with the County prior to publication.

C.45 Artwork, Proofs and Negatives
All artwork, proofs, and/or negatives in either print or digital format for anything produced under the terms of this Contract are the property of the County. These items must be returned to the County within ten (10) days, upon written notification to the Contractor. In the event of a failure to return the documents, the County is entitled to pursue any available legal remedies. In addition, the Contractor will be barred from all future solicitations, for a period of at least six (6) months.

C.46 Iran Contracting Act
IRAN CONTRACTING ACT OF 2010, Public Contract Code sections 2200 et seq. (Applicable for all Contracts of one million dollars ($1,000,000) or more). In accordance with Public Contract Code section 2204(a), the Contractor certifies that at the time the Contract is signed, the Contractor signing the Contract is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable.

Contractors are cautioned that making a false certification may subject the Contractor to civil penalties, termination of existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code section 2205.

C.47 California Consumer Privacy Act
To the extent applicable, if Contractor is a business that collects the personal information of a consumer(s) in performing Services pursuant to this Contract, Contractor must comply with the provisions of the California Consumer Privacy Act (CCPA). (Cal. Civil Code §§1798.100, et seq.).

For purposes of this provision, “business,” “consumer,” and “personal information” shall have the same meanings as set forth at Civil Code section 1798.140. Contractor must contact the County immediately upon receipt of any request by a consumer submitted pursuant to the CCPA that requires any action on the part of the County, including but not limited to, providing a list of disclosures or deleting personal information. Contractor must not sell, market or otherwise disclose personal information of a consumer provided by the County unless specifically authorized pursuant to terms of this Contract. Contractor must immediately provide to the County any notice provided by a consumer to Contractor pursuant to Civil Code section 1798.150(b) alleging a

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violation of the CCPA, that involves personal information received or maintained pursuant to this Contract. Contractor must immediately notify the County if it receives a notice of violation from the California Attorney General pursuant to Civil Code section 1798.155(b).

D. TERM OF CONTRACT
The services to be provided by Contractor shall commence on January 23, 2024, and shall be completed by January 22, 2025, but may be terminated earlier in accordance with provisions of this Contract.

The County Chief Executive Officer, at the direction of the Fifth District Supervisor, may extend the term of the Contract, in writing, to allow Contractor to complete all requirements in the Contract under the following conditions:
a. In aggregate all extensions do not exceed twelve (12) calendar months; b. Are specifically requested by Contractor;
c. Will not change the project goals or scope of services; d. Are in the best interests of C ounty and Contractor in performing the scope of services under this Contract; and
e. Do not alter the amount of compensation under this Contract.

E. RESERVED.

F. FISCAL PROVISIONS
F.1 The maximum amount of payment under this Contract shall not exceed $ 100,000 and shall be subject to availability of other funds to the County. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor’s services and expenses incurred in the performance hereof, including travel and per diem.

F.2 Any costs in excess of the amount available in this section shall be the sole responsibility of Contractor. This condition however, does not preclude County from providing additional funding at its sole discretion. For the purpose of this Contract, C ounty shall disburse compensation and monitor the Contractor’s performance in satisfying the scope of work obligations under the terms of this Contract.

Disbursement of funds to Contractor shall be made in one lump sum. Upon review/approval by County, County shall make payment to Contractor within thirty (30) working days after receipt of Contractor’s invoice or the resolution of any billing dispute. Contractor shall email County the Contractor’s invoice requesting one lump sum payment. The invoice(s) shall reflect the Entity Payable To Name and Address, Invoice Date, Invoice Number, Project Name, Contract Number, County-Issued Purchase Order (if applicable), the text “Final Invoice”, amount due, in a format acceptable to the County for services performed under this Contract. Contractor shall email invoice to County Administrative Office-Finance and Administration (County Finance) and shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]” (i.e. BOS- SAN BERNARDINO COUNTY -EDUCATION PROGRAM — 21-NNN – PO 4100NNNNNN).

Contractor shall submit a final expenditure report documented with “audit ready” supportive evidence of each expenditure and proof of payment until all funds have been justified 60 days after project completion. Documentation shall be submitted electronically, and Contractor shall supply hard copies upon request by County. Supportive evidence shall include, but is not limited to, copy of County’s approval email to Contractor, quotes, copy(ies) of purchase order, packing slips, a copy of the invoice submitted by Contractor requesting one lump sum payment from County, invoices paid by the Contractor for this project, proof of payment, etc., to County Finance. Email to County Finance shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]”-SUPPORTIVE DOCUMENTS.

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F.3 Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into the Contractor’s designated checking or other bank account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.

F.4 County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on Contractor or on any taxes levied on employee wages. The County shall only pay for any State or local sales or use taxes on the services rendered or equipment and/or parts supplied to the County pursuant to the Contract.

F.5 Costs for services under the terms of this Contract shall be incurred during the contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations.

F.6 Funds made available under this Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations that have been paid by another source of revenue.

Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County.

F.7 Contractor shall adhere to the County’s Travel Management Policy (8 -02 and 08-02SP1) when travel is pursuant to this Contract and for which reimbursement is sought from the County. In addition, Contractor is encouraged to utilize local transportation services, including but not limited to, the Ontario International Airport.

F.8 Contractor understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the County shall be the Contractor’s sole expense and shall not be charged as a cost under this Contract.

F.9 If the Contractor does not use the County funds provided under this Contract to pay appropriate costs associated with the Scope of Services by the termination date of this Contract, the Contractor shall return the County funds, or any unused portion thereof, to the County in accordance with any directions issued by County staff, within 60 days of written demand for the return of the County funds.

G. INDEMNIFICATION AND INSURANCE REQUIREMENTS
G.1 Indemnification
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The Contractor indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.

G.2 Additional Insured
All policies, except for Worker’s Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to

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the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.

G.3 Waiver of Subrogation Rights
The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors.

All general or auto liability insurance coverage provided s hall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim.

The Contractor hereby waives all rights of subrogation against the County.

G.4 Policies Primary and Non-Contributory
All policies required herein are to be primary and non- contributory with any insurance or self - insurance programs carried or administered by the County.

G.5 Severability of Interests
The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.

G.6 Proof of Coverage
The Contractor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage at the time the Contract is executed, additional endorsements, as required shall be provided prior to the commencem ent of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.

G.7 Acceptability of Insurance Carrier
Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A- VII”.

G.8 Deductibles and Self-Insured Retention
Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.

G.9 Failure to Procure Coverage
In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance.

G.10 Insurance Review
Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance

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coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.

Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.

Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.

G.11 The Contractor agrees to provide insurance set forth in accordance with the requirements herein.

If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees to amend, supplement or endorse the existing coverage to do so.

Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown:

G.11.1 Workers’ Compensation/Employer’s Liability – A program of Workers’ Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the Contractor and all risks to such persons under this contract.

If Contractor has no employees, it may certify or warrant to the County that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the County’s Director of Risk Management.

With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance.

G.11.2 Commercial/General Liability Insurance – The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.
g. $2,000,000 general aggregate limit.

G.11.3 Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non- owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.

If the Contractor is transporting one or more non -employee passengers in performance of contract services, the automobile liability policy shall have a combined

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single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.

If the Contractor owns no autos, a non- owned auto endorsement to the General Liability policy described above is acceptable.

G.11.4 Umbrella Liability Insurance – An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.

H. RIGHT TO MONITOR AND AUDIT
H.1 The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County.

H.2 All records pertaining to services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Contract or until all pending County, State and Federal audits are completed, whichever is later.

I. CORRECTION OF PERFORMANCE DEFICIENCIES
I.1 Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract.

I.2 In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or b. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or c. Withhold funds pending duration of the breach; and/or d. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item “b” of this paragraph; and/or e. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.

J. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:

San Bernardino County
CAO – Finance and Administration
385 N. Arrowhead Ave., Fourth Floor
City of Colton Fire Department
303 East E Street
Colton, CA 92324

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Attachment: CON-BOS-01-23-24-City of Colton Fire Department (4340 : Acceptance of Funds - BOS) Revised 1/10/23 Page 16 of 17
San Bernardino, CA 92415
Attn: BOS Finance Analyst
Attn: Tim McHargue, Fire Chief

Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.

K. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will.

L. CONTRACT EXECUTION
This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract.

The parties shall be entitled to sign and transmit an elec tronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.

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IN WITNESS WHEREOF, the San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department

Julie Surber, Principal Assistant County
Counsel

Date Date Date

SAN BERNARDINO COUNTY CITY OF COLTON
(Print or type name of corporation, company, contractor, etc.)

Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated:

Name Tim McHargue
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title Fire Chief
Lynna Monell
Clerk of the Board of Supervisors
of the San Bernardino County
(Print or Type)
By Dated:

Deputy
Address
303 East E Street
Colton, CA 92324

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Attachment: CON-BOS-01-23-24-City of Colton Fire Department (4340 : Acceptance of Funds - BOS)

ITEM NO. 8

STAFF REPORT

DATE: JANUARY 16, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM HEUSTERBERG, ACTING CHIEF OF POLICE
SUBJECT: APPROVE THE ACCEPTANCE OF $160,000 IN DISCRETIONARY

FUNDS FROM THE SAN BERNARDINO COUNTY BOARD OF

SUPERVISORS FOR THE PURCHASE OF POLICE DRONES AND
SHIELDS, RESOLUTION NO. R-08-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1) Approve and adopt Resolution R-08-24 authorizing the acceptance of a $160,000.00 grant from the San Bernardino County Board of Supervisors for drones and ballistic shields and amending the FY2023-24 budget to account for the funding, and;

2) Award a drone purchase in accordance with CMC Section 3.08.140(C) to Advexure for up to $100,000.00, and;

3) Award a shield purchase to Curtis Blue Line for up to $60,000.00 in accordance with CMC 3.08.080(C).

BACKGROUND

On December 5, 2023, the Police Department requested funding to purchase drones and ballistic shields through the San Bernardino County Board of Supervisors Office, specifically, Supervisor Joe Baca. The Police Department requested $160,000, from the Board of Supervisors. $100,000 for drones and $60,000 for ballistic shields. The Board tentatively appr oved funding, pending approval and acceptance from City Council.

ISSUES/ANALYSIS

8 Packet Pg. 183
Staff Report to the Mayor and City Council
Acceptance of Funds - BOS
January 16, 2024

Page 2 ends

The drone program helps staff search for suspects, check roof tops to buildings for any potential break-ins, as well as search rural areas that are unsafe for staff to acces s. Utilizing drones has saved Police Department staff countless number of hours that , without the drone, would have taken an entire shift several hours, leaving the rest of the City vulnerable for potential crimes.

The current drone program has stalled due to the Department’s drones being inoperable.

The Department would like to purchase 7 drones from Advexure Unmanned Systems. This would give the Police Department the versatility to use drones in almost every situation. These drones have thermal imaging, a longer flight range, and an indefinite flight time. The drones are state of the art. Section 3.08.140(C) of the City’s Purchasing Ordinance allows the City to enter into agreements with other agencies for the purchase of supplies, services, and eq uipment. In such instances, waives the competitive bidding requirement, either formal or informal, for non - public projects when it has been determined that a competitive bid procedure has been conducted by another public agency, and the price to the City i s equal to or better than the price to the public agency. Please see the attached quote with the Sourcewell contract pricing.

The Department has had a difficult time purchasing ballistic shields due to availability. Most of the manufactured shields are going to the military to aide in the Iraq/Afghanistan war. The Police Department can purchase 13 shields and receive them in a timely manner. The shields would be stored in patrol vehicles to help our patrol staff in critical incidents. Our current shields are in the supervisor’s vehicles. Although in almost all critical incidents, a supervisor response is required, the time delay for their response/arrival can be prolonged. Staff first on scene may not have time to wait for supervisors to arise on sce ne with a shield, which may pose a risk for their safety.

In accordance with Colton Municipal Code section 3.08.120, staff requested bids from three (3) different companies for the shields. The bid submitted were as follows:

- Curtis Blue Line (13 shields, 15 cases): $60,099.25
- ProForce (13 shields, 15 cases): $62,298.07
- Safariland (7 shields, 7 cases): $60,563.69

Staff recommends to purchase the shields from Curtis Blue Line.

FISCAL IMPACTS

Approval of Resolution R -08-24 amend the FY2023 -24 budget to accept and spend the grant award as follows:

1) Amend FY 2023 -24 budget to increase revenues in Miscellaneous Grants Fund revenue account #225-5890-024 by $160,000, and;
2) Amend the FY 2023 -24 budget to increase appropriations in Miscellaneous Grants Fund Safety Equipment expenditure account # 225-6070-6071-1160-0000-024 by $160,000. 8 Packet Pg. 184
Staff Report to the Mayor and City Council
Acceptance of Funds - BOS
January 16, 2024

Page 3 ends

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Advexure Quote #55490

2. Curtis Blue Line Quote

3. Resolution for Drones and Shields
8 Packet Pg. 185
The contents of this quotation and any attachments are CONFIDENTIAL for the client listed and may contain sensitive and proprietary information from Advexure LLC.

The information may also be legally privileged. Any use, disclosure, reproduction, or dissemination of this transmission is strictly prohibited without prior written consent. 9281 Irvine Blvd
Irvine, CA 92618 USA

COMMERCIAL UASTRAINING CONSULTING SERVICE

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Attachment: Advexure Quote #55490 (4334 : Acceptance of Funds - BOS) The contents of this quotation and any attachments are CONFIDENTIAL for the client listed and may contain sensitive and proprietary information from Advexure LLC.

COMMERCIAL UASTRAINING CONSULTING SERVICE

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Attachment: Advexure Quote #55490 (4334 : Acceptance of Funds - BOS) The contents of this quotation and any attachments are CONFIDENTIAL for the client listed and may contain sensitive and proprietary information from Advexure LLC.

COMMERCIAL UASTRAINING CONSULTING SERVICE

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Attachment: Advexure Quote #55490 (4334 : Acceptance of Funds - BOS) Ph: 562-863-1702
[email protected]
CBL Santa Fe Springs
15523 Carmenita Road
Santa Fe Springs, CA 90670
www.CurtisBlueLine.com
Quotation No. 285374

Page 1 of 2 ends

Quotation
CUSTOMER: SHIP TO:

Colton City Police Department
CA
650 North La Canada
Colton CA 92324
Colton City Police Department
California
650 N La Cadena Dr
Colton CA 92324
QUOTATION NO. ISSUED DATE EXPIRATION DATE
285374 12/28/2023 01/27/2024

SALESPERSON CUSTOMER SERVICE REP
Glen M Anderson
[email protected]
949-535-6382
Richard Amble
[email protected]
562-863-1702
REQUISITION NO. REQUESTING PARTY CUSTOMER NO. TERMS OFFER CLASS Safariland Shield Quote
3 Rob Wilson/Greg
Castillo
C5065 Net 30 LE
F.O.B. SHIP VIA DELIVERY REQ. BY
SP Standard Shipping

NOTES & DISCLAIMERS
Thank you for this opportunity to quote. We are pleased to offer requested items below. If you have any questions, need additional information, or would like to place an order, please contact your Customer Service Rep as noted above.

Safety Warning Notice: Products offered, sold, or invoiced herewith may have an applicable Safety Data Sheet (SDS) as prepared by the manufacturer of the product. The SDS is provided with the product. In addition, manufacturer’s safety and/or warning notices, instructions and information relating to the proper use and care of the product is provided with the product. All applicable SDS, safety and/or warning notices, instructions and other information provided with the product should be thoroughly read, reviewed, and understood prior to handling, distributing, using, reselling, or servicing any and all products provided by Curtis. Materials utilized to clean, repair, maintain and/or service your owned equipment, as well as Curtis owned equipment, may contain per-and polyﬂuoroalkyl substances (PFAS) to meet national standards or original equipment manufacturer speciﬁcations. For other important product notices and warnings, or to request an SDS, product speciﬁcations, manufacturer’s safety notices, instructions and/or warning notices, please contact Curtis or visit https://www.curtisblueline.com/product-notices-warnings

LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 1 10 EA 1002756

PROTECH
Medium, 34-36", Shield Carry Bag $125.00 $1,250.00
2 5 EA 1166798

PROTECH
Small, 30", Shield Carry Bag $120.00 $600.00
3 4 EA 1347352

PROTECH
16X30 Horizontal Handle Assault II VP $3,720.00 $14,880.00

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Attachment: Curtis Blue Line Quote (4334 : Acceptance of Funds - BOS) Ph: 562-863-1702
[email protected]
CBL Santa Fe Springs
15523 Carmenita Road
Santa Fe Springs, CA 90670
www.CurtisBlueLine.com
Quotation No. 285374

Page 2 of 2 ends

LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 4 9 EA SAFARILAND
CUSTOM
As Below:

Assault III VP™ 20X36 Horizontal
Handle
#1352071
$4,210.00 $37,890.00
Small Business
CAGE Code: 5E720
SIC Code: 5099
Federal Tax ID: 94-1214350
This pricing remains ﬁrm until 01/27/2024. Contact us for updated pricing after this date.

Due to market volatility and supply shortages, we recommend contacting your local L.N. Curtis and sons ofﬁce prior to placing your order to conﬁrm pricing and availability. This excludes our GSA Contract and other Fixed Price Contracts which are governed by contract-speciﬁc prices, terms, and conditions.

Subtotal $54,620.00
Estimated Tax Total $4,779.25
Transportation* $700.00
*(to be added when order ships)
Total $60,099.25
View Terms of Sale and Return Policy

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Attachment: Curtis Blue Line Quote (4334 : Acceptance of Funds - BOS)

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

RESOLUTION NO. R-08-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON ACCEPTING A FUNDS IN THE AMOUNT OF $ 160,000.00 FROM THE

SAN BERNARDINO COUNTY BOARD OF SUPERVISORS AND
AMENDING THE FISCAL YEAR 202 3-2024 BUDGET FOR

ACCEPTANCE AND EXPENDITURE OF THE AWARD

WHEREAS, The Budget for the City of Colton for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024 was approved and adopted; and

WHEREAS, The approved budget is in accordance with all applicable ordinances of the City of Colton and all applicable statutes of the State; and

WHEREAS, the San Bernardino County Board of Supervisors awarded to the Colton Police Department the amount of $160,000.00; and

NOW, THEREFORE, the City Council of the City of Colton does resolv e as follows:

Section 1. Approval of Resolution R-08-24 will amend the FY2023-24 budget to:

1. Increase revenues in Miscellaneous Grants Fund revenue account #225-5890- 024 by $160,000, and;

2. Increase appropriations in Miscellaneous Grants Fund Safety Equipment expenditure account # 225-6070-6071-1160-0000-024 by $160,000.

Section 2. The resolution is hereby approved, adopted and incorporated herein.

PASSED, APPROVED AND ADOPTED this 16th day of January, 2024.

Frank Navarro, MAYOR
ATTEST:

_________________
Stephanie Vargas, Deputy City Clerk

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Attachment: Resolution for Drones and Shields (4334 : Acceptance of Funds - BOS)

ITEM NO. 9

STAFF REPORT

DATE: JANUARY 16, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH

BLAIS & ASSOCIATES GRANT WRITING SERVICES FOR

COMPLETION OF DEPARTMENT OF THE INTERIOR, BUREAU OF

RECLAMATION WATER RESOURCES AND PLANNING OFFICE,

WATERSMART SMALL-SCALE WATER EFFICIENCY PROJECTS
GRANT PROGRAM.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve the professional services agreement for Blais and Associates to provide grant - writing services to apply for The Department of the Interior, Bureau of Reclamation, Water Resources and Planning Office, WaterSMART Small -Scale Water Efficiency Projects, waiving the formal bidding process in accordance with Colton Municipal Code

3.08.140(e), and;

2. Provide the City Manager or his designee signing authority to execute any agreements.

BACKGROUND

The City of Colton currently has a contract with Blais and Associates for grant writing services through the City Manager's Office. The current proposal for grant writing services to apply for the Department of the Interior, Bureau of Reclamation, Water Resources and Planning Office, WaterSMART Small-Scale Water Efficiency Projects (BOR) is $14,065, which when combined with other City Departments, will exceed the City Manager's $50,000 limit.

ISSUES/ANALYSIS

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The U.S. Department of the Interior’s WaterSMART Program provides a framework fo r Federal leadership and assistance to stretch and secure water supplies for future generations in support of the Department’s priorities. Through WaterSMART, the Bureau of Reclamation leverages Federal and non-Federal funding to work cooperatively with St ates, Tribes, and local entities as they plan for and implement actions to increase water supply sustainability through investments in existing infrastructure and attention to local water conflicts.

The City of Colton Utilities Department currently has an eligible project that meets the guidelines of the WaterSMART Program. The Supervisory Control and Data Acquisition and Automation (SCADA) System was originally installed in early 2000 and upgraded in 2015. The City’s SCADA system, while instrumental in efficiently managing and monitoring critical infrastructure, faces potential vulnerabilities that could pose a significant security risk. SCADA systems are interconnected networks that control essential functions such as water and wastewater systems. To bolster the City’s resilience against potential security breaches, it is imperative to consider upgrading the SCADA system with the latest upgrades ensuring it aligns with industry best practices.

There are multiple application periods for this grant. Application period one requires submission of the City’s application by January 16, 2024, with an anticipated award date of October 31, 2024. Staff determined the importance of this project and received approval from the City Manager to submit the applicat ion during application period one to keep this project moving forward in a timely manner. Application period two has a submission date of July 9, 2024, and an anticipated award date of March 2025.

FISCAL IMPACTS

Sufficient appropriations for the grant writing services for this application, $14,065, are available in the FY202 3-24 adopted budget in Water Fund Operations Professional Services Account Number 521-8100-8101-2350-0000-000.

ALTERNATIVES

1. Provide alternative direction to Staff.
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ITEM NO. 10

STAFF REPORT

DATE: JANUARY 16, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM HEUSTERBERG, ACTING CHIEF OF POLICE
SUBJECT: APPROVE THE PURCHASE OF CAMERA SYSTEM (CCTV) FROM MOTOROLA SOLUTIONS.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Dispense with competitive bidding under Colton Municipal Code section 3.08.140(C) and a pprove the purchase of a CCTV and related systems including an additional Cad/RMS module from Motorola Solutions, for a cost not to exceed $625,000; and,

2. Authorize the City Manager to execute the necessary agreements.

BACKGROUND

The Colton Police Department and other City departments are in critical need of a 24/7 closed circuit smart camera system that can allow for 24/7 monitoring. The current system is partially operatable and is completely outdated. The current system has glitches, storage issues, and goes down frequently making it unreliable. The Police Department’s system has been patched together throughout the last 10 years mismatching different types of cameras and software systems that do not integrate into any of our internal systems. It is imperative that City facilities have quality internal and external came ras that provide security, surveillance, and can integrate into our current CAD systems. The Current Government Code (34090.6) requires that municipal and county departments have 365 days of recorded surveillance for all the cameras at their facility. In addition, we currently lack any software that would allow us to use smart cameras and integrate Avigilon and Command Central Aware into our existing computer aided dispatching software.

ISSUES/ANALYSIS
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The Police Department has taken on the responsibil ity of procuring a city -wide surveillance system. The Colton Police Department has used Spillman Technologies , now Motorola Flex, since 2008 as our only computer aided dispatching system. Integrating the cameras, software, and storage into our (Computer Aided Dispatching) or CAD system will only work with Motorola software and smart camera systems. After meeting with Motorola representatives, the proposed camera and software system will integrate into our existing CAD system and will allow Colton Police to fully utilize the system. This purchase from Motorola Solutions will aid the officers/dispatchers/investigators to make better decisions, respond with appropriate force, streamline operations, and protect officers with real -time situational intelligenc e operations and monitoring of city facilities. This includes the ability for dispatch to be alerted to activity.

The smart cameras, CAD dispatching ability, and software will build the backbone necessary to be able to integrate and build upon the system to allow for additional cameras throughout the city to tie into the police departments upgraded system allowing for real time tracking, monitoring, and crime suppression. This initial purchase will not only give the police department the much - needed surv eillance but build the infrastructure that will allow other City cameras to be integrated and monitored by the PD 24/7.

The purchase of Motorola Flex Command Central Aware Module and Avigilon Video is available from only one source, which is Motorola Solutions Inc. and competition is precluded as Motorola Solutions Inc. is the sole provider of Command Central Cloud platform which includes Command Central’s Aware solution providing real -time operations center technology. Due to the complex proprietary software components as well as the complexity of the overall design, we recommend that Motorola Solutions Inc. perform all maintenance and ongoing support of Command Central Aware.

Section 3.08.140(C) of the City’s Purchasing Ordinance allows the city to e nter into agreements with other agencies for the purchase of supplies, services, and equipment. In such instances, waives the competitive bidding requirement, either formal or informal, for non -public projects when it has been determined that a competitiv e bid procedure has been conducted by another public agency, and the price to the City is equal to or better than the price to the public agency.

The Houston Galveston Area Council completed a formal bid process for the equipment/software/hardware, which provides for "piggy backing" by other agencies. City staff recommends that the City contract under this process because (1) such process complies with the small purchases procurement process set forth in 2 CFR § 200.320 that is required by the anticipated funding source and (2) it is in the best interest of the City and its administrative operations to dispense with public bidding where, as here, City staff has already obtained quotes from those firms providing the services within its reasonable geographic vicinity and therefore any further solicitation process is unlikely to produce any public benefit.

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The Houston Galveston Area Council contract provides for all equipment and software contained in the master agreement and included on the Colton police dep artment quote, including contract pricing to the local governmental agencies in accordance with the requirements of contract #RA05-21. This allows local law enforcement to purchase cameras/equipment/software and hardware from state approved dealerships un der contract pricing. This will save the City of Colton the cost of the bidding process, formal or informal, and allow us to take advantage of current pricing, as well as a volume discount offered through the HGA-C contract.

FISCAL IMPACTS

The budget for the City of Colton for the Fiscal Year commencing July 1, 2023, and ending June 30, 2024, was approved and adopted. Currently sufficient appropriations are available in Local Fiscal Recovery Fund Accounts #219 -2329-1000-3890-0000-000 & 219-2334-1000-3890-0000- 000 for the purchase. Any remaining funds will be used to purchase additional smart cameras.

Estimated on-going annual costs of $19,000 for maintenance, and system access will be included in the Police Department’s General Fund budget in subsequent fiscal years.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Colton PD, CA (Command Central Aware Plus & Avigilon - Revised)

2. H-GAC Cooperative_Agreement RA05-21
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Proposal
Colton Police Department, CA
CommandCentral Aware
Plus
22-153005/USCA23P153SW

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Motorola Solutions Confidential Restricted

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Motorola Solutions
10680 Treena Street, Suite 200.

San Diego, CA 92131
November 27, 2023
Tim Heusterberg Acting Chief of Police
Colton Police Department California [email protected] Subject: Colton PD, CA (CC Aware & CCTV Replacement)
Dear Chief Heusterberg,
Motorola Solutions, Inc. (“Motorola Solutions”) is pleased to have the opportunity to provide Colton Police Department with a quality video security solution and services based on the Avigilon platform and to be managed by our Command Central Aware real-time operations center solution.

To meet the functional and operational requirements you have at the police department, our solution includes a combination of hardware, software, and services. Specifically, this solution includes:
● Command Central Aware Plus with Video capabilities and associated integrations. ● A new CCTV System video management system, including new POE network switching and camera licensing ● Replacement of all existing analog cameras with high-definition IP cameras, including multi- sensor, dome and corner mount anti-ligature cameras in cells.
● Replacement of existing analog cabling with Plenum-rated CATEGORY 6 cable and provision raceway/conduit where needed.
● PLC system upgrades with integration to Avigilon CCTV and upgrade the head-end audio amplification.

This proposal is subject to the enclosed H-GAC RA05-21 Communications System and Services Agreement (CSSA), together with its Exhibits. This proposal shall remain valid for a period of ninety (90) days from the date of this cover letter. Motorola would be pleased to address any concerns you may have regarding the proposal. Any questions can be directed to your Motorola Solutions Account Manager, Tally Gochis at 435-840-0198 or [email protected]
We thank you for the opportunity to provide Colton Police Department with “best in class” solutions and we hope to strengthen our relationship by implementing this project. Our goal is to help you achieve the best results for communications, safety and security in your industry.

Sincerely,
Motorola Solutions, Inc.

Tyler Holland
Tyler Holland
Area Sales Manager

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Table of Contents
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Table of Contents
Contents
Table of Contents ............................................................................................................................................................................ 3 System Description .................................................................................................................................................................................. 4

1.1 Overview ............................................................................................................................................................................ 4

1.2 CommandCentral Aware Features ......................................................................................................................................... 5

1.3 CommandCentral Aware Integrations .................................................................................................................................... 6

1.4 Video Management System Component Descriptions ............................................................................................................ 7

1.5 CommandCentral Aware Technical Discovery Requirements ............................................................................................. 9

1.6 Hardware Environment and Network Requirements ............................................................................................................. 11

1.7 CJIS and Compliance ........................................................................................................................................................ 12 STATEMENT OF WORK ...................................................................................................................................................................... 13

2.1 Introduction ...................................................................................................................................................................... 13

2.2 Project Roles and Responsibilities Overview ....................................................................................................................... 14

2.3 Contract Design Review (CDR) .......................................................................................................................................... 19

2.4 CommandCentral Provisioning .......................................................................................................................................... 22

2.5 CommandCentral Online Training ....................................................................................................................................... 24

2.6 Product Validation ............................................................................................................................................................ 24

2.7 Completion Milestone ....................................................................................................................................................... 26

2.8 Transition to Support and Customer Success ..................................................................................................................... 26

2.9 Avigilon Scope of Work..................................................................................................................................................... 27

3.1 Pricing Summary .............................................................................................................................................................. 28

4.1 Payment Milestones .......................................................................................................................................................... 30 H-GAC .............................................................................................................................................................................................. 1 H-GAC ............................................................................................................................................................................................. 15 Terms and Conditions.............................................................................................................................................................................. 17

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CommandCentral Aware Plus
November 27, 2023

System Description
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Section 1
System Description

1.1 Overview
Motorola Solutions presents the following solution for Colton Police Department, California.

Motorola Solutions’ CommandCentral Aware solution combines disparate systems and data into an accessible interface. This single interface offers command centers a complete operating picture to support field personnel in real time. CommandCentral Aware unifies data from mapping, correlated event monitoring, analytics, and communications. This interface streamlines public safety workflows and viewpoints, enabling users to access and act on critical information.

Users that can benefit from accessing CommandCentral Aware include but are not limited to Dispatchers, PSAP Supervisors, Real Time Crime Analysts as well as Investigators.

The agency can increase the value of current investments by connecting CommandCentral Aware to other software platforms.

These integrations can include Computer Aided Dispatch (CAD) systems, Call Handling, Land Mobile Radio (LMR), and/or Video Management Systems (VMS). Users can communicate with confidence, knowing their information is hosted in the highly secure Microsoft Azure cloud.

Designated Entities
The entities participating in the CommandCentral Aware solution are:
 Colton Police Department.

Application Software and System Components
The CommandCentral Aware solution includes the following elements:
 CommandCentral Aware Plus with 2 Named User Licenses and 5 year subscription.  Spillman Flex CAD Integration for incident and/or unit location Automatic Vehicle Location (AVL).  CommandCentral Evidence Standard 500GB storage and 2 Named User Licenses per year.  Avigilon Video (ACC or ACS), Video Analytics, and LPR Integration.  One Cloud Anchor Server Hardware.
 Software Maintenance and Technical Support.
 Services as described in the Statement of Work.

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CommandCentral Aware Plus
November 27, 2023

System Description
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Motorola Solutions Confidential Restricted

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Figure 1–1: CommandCentral Aware Representative System Diagram

1.2 CommandCentral Aware Features
CommandCentral Aware provides location and alert capabilities to improve public safety response, described in the sections below.

Mapping
CommandCentral Aware features a unified interface to display locations and alerts. Users can view all location-based data on the map display to enhance decision making. CommandCentral Aware Mapping features also include the following:
 Event Monitors – View device status and location, CAD incidents, open-source data alerts, and sensors on a map. This map can consist of Esri online, Esri server, or static map layers. This map can be modified with other data layers.  Data Layer Panel – Show or hide data layers to refine the map view.  Event Information Display – View details associated with each icon on the map.  Historical Map – View a 90-day lookback of radio locations, CAD incidents, service requests, or emergencies. An export tool extracts the recreated timeline to KML format to view in Google Earth or ESRI ArcGIS Pro. The Location Replay feature enables the historic path of a device’s location. Aware's Historical Map view enables users to interact with video assets that were available during the selected, historical time-frame. If the camera (and its relative VMS) has the ability to

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play recorded footage, the recorded footage of the selected time frame can be played in Aware's Video Module directly from the Historical Map.

Geographic Information System (GIS) Data Set
CommandCentral Aware integrates with hosted GIS data sets from Esri ArcGIS Server or ArcGIS online. The geospatial information contained within these data sets are core to the intelligent map display. This enhances workflow details driven by geography and the metadata contained within these data sets.

Esri’s powerful geospatial engine within CommandCentral Aware is used to automatically invoke spatial queries, including nearby items and geographic boundaries. This geospatial processing enables intelligence-driven analysis in order to focus on the concentrated area of concern and orientate those responding.

Data sets help users to:
 Refine displayed data based on the geographic area defined per user. Data includes area, beat, sector, precinct, zone, or quadrant.
 Find nearby entities by predefined distance. Parameters include closest camera while in route, closest cameras to an event - CAD, gunshot detection, alert.
 Determine road blockages caused by traffic jams, flooded roadways, or other obstacles.

Weather Integration
CommandCentral Aware includes integration with Weather services. This integration provides customized weather-driven services. Services include site-specific forecasts, severe-weather warnings, historical data, and custom analytics. Weather services also provides the following data:
 Location key for the desired location.
 Forecast information for a specific location.
 Current Conditions data for a specific location.
 Daily index values for a specific location. Index availability varies by location.  Radar and satellite images.

Rules Engine
The Command Central Aware rules engine allows users to create rule-sets to trigger actions based on event types. For example, users can highlight rows in the Event Monitor and customize sound alerts for critical incidents. These visual and audio triggers reduce the number of steps needed to support an incident.

Floor Plan Integration
CommandCentral Aware allows the ability to view building floor plans in the Map Module enabling users to see detailed building levels, switch between floors, and look for specific rooms or cameras on each floor. Clicking the map opens a floor plan widget at the bottom of the window where users can change the view between floors in a building. The Indoor Cameras Tool allows users to place cameras on the building floor it is located on, providing more granularity in locations where cameras are installed on multiple floors. Floor plan files must be in AutoCAD DXF format to be supported by CommandCentral Aware. There are twenty five (25) floors included with CommandCentral Aware. Each additional floor will incur an additional cost.

1.3 CommandCentral Aware Integrations
CommandCentral Aware can integrate with various tools and solutions, described in the sections below.

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CommandCentral Aware Plus
November 27, 2023

System Description
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Motorola Solutions Confidential Restricted

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Computer Aided Dispatch (CAD) Integration
CommandCentral Aware integrates with CAD systems to provide CAD status and event monitor capabilities. The CAD status monitor allows users to see a listing of incidents (event type, location incidents, narrative, priority, status, geographic area, and location of devices or units). The application consumes event-driven data from multiple CAD systems, allowing for real time assessment with other relevant data published to the platform, such as officer location, alarms, alerts, tips, tactical information, voice, and video.

CommandCentral Evidence Integration
CommandCentral Aware integrates with CommandCentral Evidence. This cloud-based digital evidence management application streamlines collecting, securing, and managing multimedia evidence content. This application simplifies building a secure dig ital evidence library by incorporating data from multiple sources into a unified storage framework. Users can upload digital evidence from a variety of sources to CommandCentral Evidence to quickly build cases.

Evidence is easy to search, correlate, and review alongside other case-related information from the RMS/CAD database. Relevant content can be marked and sorted to quickly locate critical information from a centralized touchpoint. This allows personnel to make informed decisions from a more organized and complete case evidence view, while offering an access control system to allow only authorized personnel to view sensitive information.

CommandCentral Aware users can clip videos from live or recorded video streams from CommandCentral Aware, define a start and end time for the video clip, tag the clip with an incident ID, and save a copy of the video directly to CommandCentral Evidence.

This workflow is streamlined from the CommandCentral Aware application. Native metadata from the camera source (time, date, GPS location) are automatically copied over to the video stored within Evidence. CommandCentral Aware users can easily switch over to Evidence to perform redactions, share with external judicial partners or the public, or perform other digital evidence management tasks. Since CommandCentral Aware and Evidence both exist within the CommandCentral ecosystem, Single Sign– on is used avoiding the need for separate logon credentials.

1.4 Video Management System Component Descriptions
As part of CommandCentral Aware, the Video View module consumes video content from a variety of Video Management Systems (live and recorded, fixed and mobile). Each VMS offers a variety of tools via an SDK. These tools can include, but are not limited to, location, user-controlled Pan Tilt Zoom (PTZ), Digital Zoom, Image Capture, Video rewind and export clip, and historic search of recorded video. These features improve productivity and increase responder safety.

The Video View module can also consume video analytics of automated license plate recognition and object detection.

These capabilities refine video feeds to accurately assess detail that the eye may not see, further enhancing the users experience within CommandCentral Aware. Component configuration within CommandCentral Aware allows for specific use case definition expanding automated intelligence into the application via:
 Workflow Configuration – Associate related data from different systems to get a comprehensive view of an incident or threat. Display nearby video sources based on CAD incident, sensor alarms, and provided third-party data alerts.  Real-Time Video Streaming – Patrol the community or view an event in seconds by accessing up to 16 cameras simultaneously from video feeds via VMS. Users can reference the video source, date, time, and location, as well as customize camera groups for quicker access to particular locations.  Camera Field of View – Define FOV and view on the map display. Users can toggle cameras off and on that may or may not be pointed in the direction of the incident.
 Video Camera Audit Log – Capture user interactions and record them in a log.

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CommandCentral Aware Plus
November 27, 2023

System Description
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Table 1-1: Supported Video Capabilities within CommandCentral Aware

Feature Description
Camera Import Importing cameras and the directory tree from VMS to CommandCentral Aware.

Camera Location Use coordinates stored in-camera custom fields at the NVR (or) pulls geo-location coordinates from the camera units. Specifically identified during installation.

PTZ Control of pan, tilt, and zoom (PTZ) functions on capable camera units that have been imported into CommandCentral Aware.

PTZ Presets PTZ cameras predefined pan, tilt, zoom values are applied to live feed.

PTZ Tours PTZ cameras execute a scan of its vicinity.

Live Video Direct feed from the camera as provisioned in the VMS system.

Recorded Video Playback video from the archive.

Live Snapshots Perform a screen capture of the live scene to send as an attachment via messaging service.

Recorded
Snapshots
Isolate and capture a section of the recorded video to be distributed by the messaging service.

Recorded Fast
Forward
Display frame recorded sample at a faster rate playing forward.

Record Fact
Backward
Display frame recorded sample at a faster rate playing backward.

Digital Zoom Magnifies a selected area for live and recorded video.

Video Export Ability to prepare a video clipping for export to messaging or evidence collection.

Bookmark On Live View and Recorded Playback, the bookmark automatically captures the camera information, the date, and time stamps for the video, and enables you to input the bookmark author, a name for the bookmark, and an optional description, plus an associated incident identifier. Bookmark fields can be edited later, except for the date, time, and author fields.

Avigilon Control Center (ACC) & Video Analytics
The Avigilon Control Center (ACC) uses self-learning analytics to provide effective monitoring and proactive, real-time response for security personnel. ACC combines an intuitive interface with advanced artificial intelligence (AI) search technology for a full- featured integration with CommandCentral Aware. Avigilon offers analytics embedded in Avigilon cameras up to 5K (16 MP) resolution.

This ACC integration includes the following:
 Advanced Pattern-Based Analytics – Avigilon advanced video pattern detection technology accurately recognizes the movements of people and vehicles while ignoring motion not relevant to a scene. The system’s self-learning ability reduces false positives and helps make alerts more meaningful.  Teach-by-Example Technology – Avigilon teach-by-example object classifier technology allows users to provide feedback about the accuracy of alarm events generated by Avigilon devices. Rather than decreasing analytics sensitivity to reduce false alarms, the feedback trains devices to improve the accuracy of the analytics used to determine which alarms are real and which are false. This impacts a low false-positive alarm rate. Over time, the system learns the scene and is able to prioritize important events based on user feedback. This increases sensitivity to conditions that are of concern while reducing false alarms to keep the focus on what matters.  Avigilon Video Analytics Alerts Integration – Avigilon ACC allow video analytics to send alerts to CommandCentral Aware. These analytics include object detection, motion detection, path crossed, and directional pattern changes.

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CommandCentral Aware Plus
November 27, 2023

System Description
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The ACC rules engine enables users to selectively apply analytics-based events as alarms and rule triggers. These rules offer immediate notifications for suspicious activities to help CommandCentral Aware users monitor and respond more efficiently.

Avigilon to CommandCentral Aware integrates the results of the rules engine combined with video from the Avigilon VMS. The targeted video feed is displayed in response to user interaction and pre-defined scenarios based on a customizable rule set. Users can configure specific categories of events, such as CAD incidents, LPR alarms, or other alert reporting systems integrated into CommandCentral Aware, in relation to analytics to trigger video feeds. These real-time events and forensic capabilities detect and notify scene changes, missing objects, and rules violations. In addition to the live video and analytics, the connector supplies operator’s video display tools that control pan, tilt, zoom (PTZ) cameras, and playback of recorded video.

The following is a complete list of Avigilon Control Center (ACC) video analytics features for object detection and classification for live or forensic events that enhance the common operating picture and situational awareness capabilities of CommandCentral Aware.

Table 1-2: Avigilon Control Center Video Analytics

Avigilon Analytics
Rules for ACC
Analytics Rules Description
(Objects are Classified as Person or Vehicle)
Objects in Area The event is triggered when the selected object type moves into a specified region of interest.

Object Loitering The event is triggered when the selected object type stays within a specified region of interest for an extended amount of time which is configured.

Objects Crossing
Beam
The event is triggered when an Object or a specified number of Objects have crossed the directional beam that has been configured over the camera’s field of view. The beam can be unidirectional or bidirectional.

Object Appears of
Enters Area
The event is triggered by each object that enters the specified region of interest.

Object Not Present in
Area
The event is triggered when no objects are present in the specified region of interest.

Objects Enter Area The event is triggered when the specified number of objects have entered the specified region of interest.

Objects Leave Area The event is triggered when the specified number of objects has left a specified region of interest region of interest.

Object Stops In Area The event is triggered when an object in a specified region of interest stops moving for the specified threshold time.

Direction violated The event is triggered when an object moves in the prohibited direction of travel.

Camera tampering The event is triggered due to sudden scene changes.

License Plate
Recognition Analytics
New license plate recognition analytics engine with highly-accurate license plate capture, identification, and search for fast event response. Use watch lists to create alerts and actions when a license plate match is detected.

1.5 CommandCentral Aware Technical Discovery
Requirements
In order to prevent delay in the implementation, Customer must provide the information required in the table below at the time of Project Kickoff for each interface/integrated system.

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Table 1-3: Aware Technical Discovery Requirements

Customer Provided Motorola Confirmed
Additional Information for Virtual Machine (VM) Access
Remote access to Cloud Anchor Server
Data Interface VM requirements
Video Interface VM requirements
Integration
Customer IP Network layout (Traffic segmentation, NAT required?) Active Directory and Email policies
Customer Third-Party IP Network Connections (Schools, Fire, Traffic) Remote Access Policy/Procedures
Who owns/maintains each Customer network/firewalls?
Additional Information Required for Integration with CAD & ALPR Systems Data delivery latency rate
Data interface type
Fileshare/Dump
Webservices

SOAP/REST
SQL Extraction
Database IP Address, Login Credentials, DB Version
Data volume (calls per service, peak event rates)
Data Fields
CAD event Geolocation data availability
AVL/ARL data available?
Event Types
Icons
Others(?)
Additional Information Required for Integration with Streaming Servers Mobile data terminal types:

Manufacturer
OS version
Wireless Access
VPN Connectivity to Core?
Validate Data Ingestion (may require system expansion**)

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System Description
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1.6 Hardware Environment and Network Requirements
Motorola Solutions will work with the Customer IT personnel to verify that connectivity meets requirements. The Customer will provide the network components.

Table 1-4: Cloud Anchor Server Installation Requirements Installation Requirements
One rack unit per Cloud Anchor server.

Two circuits to distribute power to the server rack (dual power supplies).

UPS (Uninterruptible Power Supply) at the site where the Cloud Anchor server and CommandCentral Aware workstations will be installed.

Customer provided Internet access and Remote Access Capability Minimum 1.1Mbps between Cloud Anchor Server and CommandCentral Aware platform

Table 1-5: CommandCentral Aware Network Requirements

Component Description
IP Address Three static IP addresses, corresponding subnet masks/default gateway, and available NTP and DNS IP to the Cloud Anchor Server.

Network Port One network port for each VMS server.

One network port for each VMS analytics appliance.

Network Customer provided Internet access and Remote Access Capability Minimum bandwidth 1.1Mbps between Cloud Anchor Server and CommandCentral Aware platform

Table 1-6: CommandCentral Aware Recommended Workstation Specifications

Component Description
Processor Intel Xeon 6136 @3.0 GHz (12 cores).

RAM Memory 32 GB or more memory
Drive One NVMe 512G SSD.

Operating System Windows 10 Professional
Network Interface Card 1 Gb port
Graphics Card NVIDIA Quadro P2000
Display Narrow Bezel IPS Display, 2560x1440 resolution
Monitor 27” monitor or larger
Low latency is critical for real-time operations. The speed with which data appears on the CommandCentral Aware display depends in large part on how quickly the information is presented to the CommandCentral Aware interface. Major contributors to the latency are network delays and the delay time from occurrence of an event to when that event information is presented to Aware from the source application (CAD, AVL, ALPR). Although CommandCentral Aware strives to provide near-real-time performance, Motorola Solutions provides no guarantees as to the speed with which an event (or video stream) appears in the application once the event is triggered.

CommandCentral Aware Design Limitations
 A maximum of 3,000 icons viewed on the CommandCentral Aware client at one time, per instance.

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 A maximum of 100 updates per second on the CommandCentral Aware client.  A maximum of 5,000 radios supported per server.
 A maximum of 20,000 total fixed cameras can be supported per CommandCentral Aware instance.

1.7 CJIS and Compliance
At Motorola Solutions, we believe compliance is a team effort. As our customers’ partner in compliance, we employ privacy and security protocols that enable our customers to comply with the most stringent legal and regulatory requirements. In addition, we build on a strong foundation with an Azure architecture designed and managed to meet a broad set of international compliance standards, as well as region-specific and industry-specific standards.

Motorola Solutions employs rigorous third-party audits to verify its adherence to security controls and standards. To demonstrate Motorola Solutions safeguarding of customer data, comprehensive third-party audits of primary Software Enterprise development and support operations have been completed and those operations have achieved ISO/IEC 27001:2013 (information security management systems) certification and AICPA SOC2 Type 2 reports are available. ISO/IEC 27017:2015 (information security controls for cloud services), ISO/IEC 27018:2019 (protection of personal information in public clouds) and ISO/IEC 27701:2019 (privacy information management) are available. Supplemental SOC2 Type 2 reports and ISO/IEC 27001:2013 certifications for the development and support operations at satellite locations are completed.

Motorola Solutions understands our customers’ critical need to safeguard the lifecycle of Criminal Justice Information. To support that need, Motorola Solutions designs its products and services to support compliance with the FBI’s Criminal Justice Information Services (CJIS) Security Policy and we commit to the terms of the CJIS Security Addendum. With a dedicated team of CJIS compliance professionals, we assist our customers through administering and coordinating CJIS-compliant personnel credentialing, providing documentation assistance in connection with CJIS audits, and advising on how to configure and implement our solutions in a manner consistent with the CJIS Security Policy.

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Section 2

STATEMENT OF WORK

2.1 Introduction
In accordance with the terms and conditions of the Agreement, this Statement of Work (“SOW”) defines the principal activities and responsibilities of all parties for the delivery of the Motorola Solutions (“Motorola”) system as presented in this offer to Colton Police Department, CA (hereinafter referred to as “Customer”). When assigning responsibilities, the phrase “Motorola” includes our subcontractors and third-party partners.

Deviations and changes to this SOW are subject to mutual agreement between Motorola and the Customer and will be addressed in accordance with the change provisions of the Agreement.

Unless specifically stated, Motorola work is performed remotely. Customer will provide Motorola resources with unrestricted direct network access to enable Motorola to fulfill its delivery obligations.

Motorola and the Customer will work to complete their respective responsibilities in accordance with the mutually agreed upon governing Project Schedule. Any changes to the governing Project Schedule will be mutually agreed upon via the change provision of the Agreement.

The number and type of software or subscription licenses, products, or services provided by Motorola or its subcontractors are specifically listed in the Agreement and any reference within this document as well as subcontractors’ SOWs (if applicable) does not imply or convey a software or subscription license or service that are not explicitly listed in the Agreement.

2.1.1 Award, Administration and Project Initiation
Project Initiation and Planning will begin following execution of the Agreement between Motorola and the Customer.

Following the conclusion of the Project Planning Session, the Motorola Project Manager will conduct twice monthly one-hour remote status meetings with the Customer Project Manager for the purpose of baselining progress of current activities and the planning of future activities. Following the conclusion of the Contract Design Review, the Motorola Project Manager will prepare and submit monthly status reports to the Customer Project Manager. Monthly Status Reports provide a summary of the activities completed in the month, those activities planned for the following month, project progress against the project schedule, items of concern requiring attention as well as potential project risks and agreed upon mitigation actions.

2.1.2 Completion and Acceptance Criteria
Motorola Integration Services are considered complete upon Motorola performing the last task listed in a series of responsibilities or as specifically stated in Completion Criteria. Customer task completion will occur per the project schedule enabling Motorola to complete its tasks without delay.

Customer will provide Motorola written notification that it does not accept the completion of Motorola responsibilities or rejects a Motorola service deliverable within five (5) business days of completion or receipt of a deliverable.

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The Service Completion will be acknowledged in accordance with the terms of Master Customer Agreement and the Service Completion Date will be memorialized by Motorola and Customer. Software System Completion will be in accordance with the terms of the Software Products Addendum unless otherwise stated in this Statement of Work.

2.2 Project Roles and Responsibilities Overview

2.2.1 Motorola Project Roles and Responsibilities
A Motorola team, made up of specialized personnel, will be appointed to the project under the direction of the Motorola Project Manager. Team members will be multi-disciplinary and may fill more than one role. Team members will be engaged in different phases of the project as necessary.

In order to maximize efficiencies Motorola’s project team will provide services remotely via teleconference, web -conference or other remote method in filling its commitments as outlined in this Statement of Work. Motorola project team resources will be on site at the Customer location when fulfilling commitments that are crucial to project success as noted in this Statement of Work.

The personnel role descriptions noted below provide an overview of typical project team members. There may be other personnel engaged in the project under the direction of the Project Manager. The following provided descriptions of the primary roles engaged in the delivery of the project. One or many resources of the same type may be engaged as needed throughout the project.

Motorola’s project management approach has been developed and refined based on lessons learned in the execution of hundreds of system implementations. Using experienced and dedicated people, industry-leading processes, and integrated software tools for effective project execution and control, we have developed and refined practices that support the design, production, and testing required to deliver a high-quality, feature-rich system.

Project Manager
A Motorola Project Manager will be assigned as the principal business representative and point of contact for the organization. The Project Manager’s responsibilities include:

1. Manage the Motorola responsibilities related to the delivery of the project.

2. Maintain the project schedule and manage the assigned Motorola personnel and applicable subcontractors/supplier resources.

3. Manage the Change Order process per the Agreement.

4. Maintain project communications with the Customer.

5. Identify and manage project risks.

6. Collaborative coordination of Customer resources to minimize and avoid project delays.

7. Measure, evaluate, and report the project status against the Project Schedule.

8. Conduct remote status meetings on a mutually agreed basis to discuss project status.

9. Prepare and submit a monthly status report that identifies the activities of the previous month, as well as activities planned for the current month, including an updated Project Schedule and action item log.

10. Provide timely responses to issues related to project progress.

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Solutions Architect
The Solutions Architect is responsible for the delivery of the technical and equipment elements of the solution. They confirm the delivered technical elements meet contracted requirements. They are engaged throughout the duration of the delivery.

Customer Success Advocate
A Customer Success Advocate will be assigned to the Customer post Go Live event. By being the Customer’s trusted advisor, the Customer Success Advocate’ responsibilities include:
 Assist the Customer with maximizing the use of their Motorola software and service investment.  Actively manage, escalate, and log issues with Support, Product Management, and Sales.  Provide ongoing customer communication about progress, timelines, and next steps.

Customer Support Services Team
The Customer Support Services team will provide ongoing support following commencement of beneficial use of the Customer’s System(s) as defined in Customer Support Plan.

2.2.2 Customer Project Roles and Responsibilities Overview The success of the project is dependent on early assignment of key Customer resources. It is critical these resources are empowered to make provisioning decisions based on the Customer’s operational and administration needs. The Customer project team should be engaged from project initiation through beneficial use of the system. The continued involvement in the project and use of the system will convey the required knowledge to maintain the system post completion of the project. In some cases, one person may fill multiple project roles. The project team must be committed to participate in activities for a successful implementation.

Project Manager
The Project Manager will act as the primary Customer point of contact for the duration of the project. In the event the project involves multiple agencies, Motorola will work exclusively with a single Customer assigned Project Manager (the primary Project Manager). This includes the management of any third party vendors that are Customer Subcontractors. The Project Manager’s responsibilities include:

1. Communicate and coordinate with other project participants.

2. Manage the Customer project team including timely facilitation of efforts, tasks, and activities.

3. Maintain project communications with the Motorola Project Manager.

4. Identify the efforts required of Customer staff to meet the task requirements and milestones in this SOW and Project Schedule.

5. Consolidate all project-related questions and queries from Customer staff to present to the Motorola Project Manager.

6. Review the Project Schedule with the Motorola Project Manager and finalize the detailed tasks, task dates, and responsibilities.

7. Measure and evaluate progress against the Project Schedule.

8. Monitor the project to ensure resources are available as scheduled.

9. Attend status meetings.

10. Provide timely responses to issues related to project progress.

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11. Liaise and coordinate with other agencies, Customer vendors, contractors, and common carriers.

12. Review and administer change control procedures, hardware and software certification, and all related project tasks required to maintain the Project Schedule.

13. Ensure Customer vendors’ adherence to overall Project Schedule and Project Plan.

14. Assign one or more personnel who will work with Motorola staff as needed for the duration of the project, including at least one representative(s) from the IT department.

15. Identify the resource with authority to formally acknowledge and approve Change Orders, approval letter(s), and milestone recognition certificates as well as approve and release payments in a timely manner.

16. Provide building access to Motorola personnel to all Customer facilities where system equipment is to be installed during the project. Temporary identification cards are to be issued to Motorola personnel if required for access to facilities.

17. Ensure remote network connectivity and access to Motorola resources.

18. As applicable to this project, assume responsibility for all fees for licenses and inspections and for any delays associated with inspections due to required permits.

19. Provide reasonable care to prevent equipment exposure to contaminants that cause damage to the equipment or interruption of service.

20. Ensure a safe work environment for Motorola personnel.

21. Provide signatures of Motorola-provided milestone certifications and Change Orders within five (5) business days of receipt.

Transformation Lead
The Transformation Lead, who may or may not be your Project Manager, must be able to holistically represent your organization and be able to work cross functionally between Motorola, your organization, and all stakeholders involved in the delivery of your new system. The Transformation Lead must be empowered to acknowledge the resource and time commitments required of your organization and authorize Motorola to proceed with scheduling the Project Kickoff event.

System Administrator
The System Administrator manages the technical efforts and ongoing tasks and activities of their system as defined in the Customer Support Plan (CSP).

IT Personnel
IT personnel provide required information related to LAN, WAN, wireless networks, server, and client infrastructure. They must also be familiar with connectivity to internal, external, and third-party systems to which the Motorola system will interface.

Additional Resources
Additional resources, such as trainers and database administrators may also be required.

User Agency Stakeholders
User Agency Stakeholders, if the system is deployed in a multi-agency environment, are those resources representing agencies outside of the Customer’s agency. These resources will provide provisioning inputs to the SMEs if operations for these agencies differ from that of the Customer agency.

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2.2.2.1 General Customer Responsibilities
In addition to the Customer Responsibilities stated elsewhere in this SOW, the Customer is responsible for:

1. All Customer-provided equipment including hardware and third-party software necessary for delivery of the System not specifically listed as a Motorola deliverable. This will include end user workstations, network equipment, telephone, or TDD equipment and the like.

2. Configuration, maintenance, testing, and supporting the third-party systems the Customer operates which will be interfaced to as part of this project. The Customer is responsible for providing Application Programming Interface (API) documentation to those systems that document the integration process for the level of interface integratio n defined by Motorola.

3. Initiate, coordinate, and facilitate communication between Motorola and Customer’s third-party vendors as required to enable Motorola to perform its duties.

4. Active participation of Customer Subject Matter Experts (SME’s) in project delivery meetings and working sessions during the course of the project. Customer SME’s will possess requisite knowledge of Customer operations and legacy system(s) and possess skills and abilities to operate and manage the system.

5. The provisioning of Customer GIS data as requested by Motorola. This information must be provided in a timely manner in accordance with the Project Schedule.

6. Electronic versions of any documentation associated with the business processes identified.

7. Providing a facility with the required computer and audio-visual equipment for training and work sessions as defined in the Training Plan.

8. Ability to participate in remote project meeting sessions using Google Meet.

2.2.3 Project Planning and Pre–Implementation Review
A clear understanding of the needs and expectations of both Motorola and the Customer are critical to the successful implementation and on–going operation of CommandCentral. In order to establish initial expectations for system deployment and to raise immediate visibility to ongoing operation and maintenance requirements, we will work with you to help you understand the impact of introducing a new solution and your preparedness for the implementation and support of the CommandCentral system.

Shortly after contract signing, Motorola will conduct a one–on–one teleconference with your designated resource to review the task requirements of each phase of the project and help to identify areas of potential risk due to lack of resource availability, experience or skill.

The teleconference discussion will focus on the scope of implementation requirements, resource commitment requirements, cross–functional team involvement, a review of the required technical resource aptitudes and a validation of existing skills, and resource readiness in preparation for the Project Kickoff meeting.

Motorola Responsibilities
Make initial contact with the Customer Project Manager and schedule the Pre–Implementation Review teleconference.

Discuss the overall project deployment methodologies, inter–agency/inter–department decision considerations (as applicable), and third party engagement/considerations (as applicable).

Discuss Customer involvement in system provisioning and data gathering to understand scope and time commitment required.

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Discuss the online Learning Management System (LMS) training approach.

Obtain mutual agreement of the Project Kickoff meeting agenda and objectives.

Discuss the CommandCentral Solution Discovery Requirements checklist and verify Customer has a copy of the checklist.

Coordinate enabling designated Customer administrator with access to the LMS and CommandCentral Admin Console.

Customer Responsibilities

1. Provide Motorola with the names and contact information for the designated LMS and application administrators.

2. Collaborate with the Motorola PM and set the Project Kickoff meeting date.

2.2.4 Project Kickoff Teleconference
The purpose of the project kickoff is to introduce project participants and review the overall scope of the project.

Motorola Responsibilities

1. Conduct a project kickoff teleconference.

2. Validate key project team participants attend the meeting.

3. Introduce all project participants.

4. Review the roles of the project participants to identify communication flows and decision–making authority between project participants.

5. Review the overall project scope and objectives.

6. Review the resource and scheduling requirements.

7. Review the teams’ interactions (meetings, reports, milestone acceptance) and Customer participation.

8. Verify Customer Administrator(s) have access to the LMS and CommandCentral Admin Console.

Customer Responsibilities

1. Validate key project team participants attend the meeting.

2. Introduce all project participants.

3. Review the roles of the project participants to identify communication flows and decision–making authority between project participants.

4. Provide VPN access to Motorola staff to facilitate delivery of services described in this Statement of Work.

5. Validate any necessary non–disclosure agreements, approvals, and other related issues are complete in time so as not to introduce delay in the project schedule. Data exchange development must adhere to third-party licensing agreements.

6. Provide all paperwork and/or forms (i.e. fingerprints, background checks, card keys and any other security requirement) required of Motorola resources to obtain access to each of the sites identified for this project.

7. Provide the contact information for the license administrator for the project. I.e. IT Manager, CAD Manager, and any other key contact information as part of this project.

8. Validate access to the LMS and CommandCentral Admin Console.

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9. Provide the information required in the CommandCentral Solution Discovery Requirements checklist.

2.3 Contract Design Review (CDR)

2.3.1 Contract Design Review
The objective is to review the contracted applications, project schedule, bill of materials, functional demonstration approach and contractual obligations of each party. The CDR commences upon conclusion of the Project Kickoff session.

Any changes to the contracted scope can be initiated via the change provision of the Agreement.

Motorola Responsibilities

1. Review the Ordering Documents: System Description, Statement of Work and Project Schedule.

2. Review the technical, environmental and network requirements of the system.

3. Review the initial Project Schedule and incorporate Customer feedback resulting in the implementation project schedule. The project schedule will be maintained by Motorola and updated through mutual collaboration.

Schedule updates that impact milestones will be addressed via the change provision of the Agreement.

4. Review and order contacted hardware.

5. Review the functional demonstration process for CommandCentral Solution and interfaces.

6. Request shipping address and receiver name.

7. Provide completed paperwork, provided to Motorola during project kickoff that enables Motorola resources to obtain site access.

8. Review the information in the Customer provided CommandCentral Solution Discovery Requirements checklist.

9. Grant Customer Administrator with access to CommandCentral Admin Console.

10. Grant Customer LMS Administrator with access to the LMS.

11. Generate a CDR Summary report documenting the discussions, outcomes and any required change orders.

Customer Responsibilities

1. Project Manager and key Customer assigned designees attend the meeting.

2. Provide network environment information as requested.

3. Providing shipping address and receiver name.

4. Provide locations and access to the existing data and video equipment that will be part of the CommandCentral system per the Agreement.

Completion Criteria
The CDR is complete upon Customer receipt of the CDR Summary report.

2.3.2 Video Management System (VMS) Design Review
The objective of the VMS Design Review is to collect all information required to connect and configure the CommandCentral Aware and VMS Interface(s).

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Motorola Responsibilities

1. Identify the specific inputs required from Customer for all VMS interfaces.

2. Add VMS interface details to the CDR Summary report.

Customer Responsibilities

1. Discuss information on third-party API, SDKs, data schema and any internal and 3rd party documents necessary to establish interfaces with all local and remote systems and facilities within ten (10) days of the Project Kickoff Meeting so as not to impact the project schedule.

2. Work with the owners of the new and existing data and video equipment to establish network connectivity (where applicable).

3. Gather data required to configure VMS interfaces and provide information as CSV or in Excel spreadsheets.

4. For VMS interfaces that will be configured for each location where Network Video Recorders (NVR) and cameras are installed, the Customer must provide all camera name, coordinates and IP mapping and the network plan in CSV or Excel files prior to Motorola commencing configuration of the VMS interfaces.

Completion Criteria
The VMS Design Review is complete upon Customer receipt of the CDR Summary Report. the server procured by Motorola at our staging facility. The server will be tested and verified to be operational in a staged environment. Once validated, the server will be packaged and shipped to the Customer’s location for installation.

Motorola Responsibilities

1. Order contracted server related components for delivery to the staging facility.

2. Install and configure system software.

3. Ship staged system to the Customer’s installation site.

Customer Responsibilities

1. Receive the staged server and securely store it until Motorola installation.

2. Provide power and assign network IP addresses. Provide backup power, as necessary.

3. Provide network connectivity between the various networks.

4. Provide acknowledgement of receipt of delivered equipment.

Motorola Deliverables

Title/Description

Equipment Inventory
Staged System Delivery

2.3.3 CloudConnect
The objective of this activity is to install the software components on the server procured by the Customer.

Motorola Solutions Responsibilities

1. Verify Customer provided server meets minimum requirements in System Description.

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1. Perform physical installation of the server. Connect to power and network. Assign IP addresses for the network.

Provide backup power, as necessary.

2. Provide network connectivity between the various networks.

3. Provide remote access to the server remotely.

Customer Deliverables
Server installation complete and remote access granted.

2.3.4 CloudConnect Server Configuration
Motorola Solutions Responsibilities

2. Remotely configure Server and install VSphere license.

3. Remotely configure network connectivity and test connection to the server.

Customer Responsibilities

4. Provide remote access to the server remotely.

Completion Criteria
CloudConnect Server configuration is complete.

2.3.5 Integration Activities
Proprietary processes enable the transfer and receipt of data between Motorola systems as described in the System Description.

Motorola Responsibilities

1. Establish and validate connectivity between the Motorola systems.

2. Validate each system can transmit and/or receive data.

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Customer Responsibilities

1. Provide personnel proficient with and authorized to make changes to the network and third-party systems to support Motorola’s integration efforts.

2. Provide network connectivity between the Motorola systems.

2.3.6 CommandCentral Solution Geospatial Mapping Configuration Motorola Responsibilities

1. Installation and configuration of the connection to the Customer mapping system, (i.e. ESRI online, ESRI server, or static map layers).

2. Test mapping layers and links to validate CommandCentral Solution is accessing and utilizing Customer published GIS data.

Customer Responsibilities

1. Provide access to ESRI/GIS system and/or GIS personnel.

2. Provide published GIS map layers.

3. Work with Motorola staff to publish specific maps beneficial to the Customer analysts.

Completion Criteria
CommandCentral Solution Geospatial Mapping configuration is complete.

2.3.7 CommandCentral Aware Floor Plans Configuration
Motorola Responsibilities

1. Import the floor plans into CommandCentral Solution.

2. Test floor plan layers and validate CommandCentral Solution is accessing and utilizing floor plans in the correct location and orientation.

Customer Responsibilities

1. Provide floor plan files in the acceptable formats.

Completion Criteria
CommandCentral Solution Floor Plans configuration is complete.

2.4 CommandCentral Provisioning

2.4.1 CommandCentral Solution
Motorola will discuss industry best practices, current operations environment and subsystem integration in order to determine the optimal configuration for CommandCentral Solution.

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Motorola Responsibilities

1. Using the CommandCentral Admin Console, provision users, groups, rules and based off Customer Active Directory data.

Customer Responsibilities

1. Supply the access and credentials to Customer’s Active Directory for the purpose of Motorola conducting CommandCentral Solution provisioning.

2. Respond to Motorola inquiries regarding users/groups/agency mapping to CommandCentral Solution functionality.

Completion Criteria

2.4.2 CommandCentral Evidence
Configured to provide the end-to-end solution for the Customer.

Motorola Responsibilities

1. Conduct an interactive workshop with the Customer designed to provide an understanding of operational needs, workflow, environment, and industry best practices, including the following:

A. User Groups and Permissions.

B. Review agency policy for use in training.

C. Case/Incident Tags.

D. Retention Policies.

E. Default Sorting.

2. Optimize initial configuration of CommandCentral Evidence Modules.

3. Create default views for Customer–focused workflows.

4. Check for Chrome browser compatibility on Customer workstations.

Customer Responsibilities

1. Determine the Customer’s standard operating procedures and workflow for using CommandCentral Evidence.

2. Engage the knowledgeable prosecutors’ office(s) to participate in the interactive workshop.

3. Download Motorola Mobile Capture App from App Store

4. Determine if video can be uploaded to CommandCentral Evidence via Wi–Fi and cellular network or Wi–Fi only.

5. Set confirmation parameters in CommandCentral Admin.

6. Determine specific video resolution or a range of resolutions.

Completion Criteria
Work is considered complete upon Motorola completing the browser compatibility check.

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2.5 CommandCentral Online Training
CommandCentral training is made available to via Motorola Solutions Software Enterprise Learning Management System (LMS).

This subscription service provides you with continual access to our library of online learning content and allows your users the benefit of learning at times convenient to them. Content is added and updated on a regular basis to keep information current. All Motorola Solutions tasks are completed remotely and enable the Customer to engage in training when convenient to the user.

LMS Administrators are able to add/modify users, run reports, and add/modify groups within the panorama.

Motorola Solutions Responsibilities
 Initial setup of Panorama and addition of administrators.  Provide instruction to the Customer LMS Administrators on:
 Adding and maintaining users.
 Adding and maintaining Groups.
 Assign courses and Learning Paths.
 Running reports.

Customer Responsibilities
 Go to https://learningservices.Motorola Solutionssolutions.com and request access if you do not already have it.  Complete LMS Administrator training.
 Advise users of the availability of the LMS.
 Add/modify users, run reports and add/modify groups.

Completion Criteria
Work is considered complete upon conclusion of Motorola Solutions provided LMS Administrator instruction.

Panorama – A panorama is an individual instance of the Learning Management System that provides autonomy to the agency utilizing.

Groups – A more granular segmentation of the LMS that are generally used to separate learners of like function (i.e. dispatchers, call takers, patrol, firefighter). These may also be referred to as clients within the LMS.

Learning Path – A collection of courses that follow a logical order, may or may not enforce linear progress.

2.6 Product Validation
The system is exercised throughout the delivery of the project by both Motorola and the Customer via provisioning and training activities. To solidify Customer confidence in the system and prepare for user operation, Motorola will perform prescribed system validations in accordance with a Product Validation Plan.

2.6.1 Functional Demonstration
The objective of functional demonstration is to validate Customer access to the CommandCentral features and functions and system integration via configured interfaces (as applicable).

Motorola Responsibilities

1. Update functional demonstration script.

2. Provide script to Customer for review and acknowledgement.

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3. Conduct functional demonstration.

4. Correct any configuration issues impacting access to cloud based features; i.e. map display, location updates, video display and/or interface and integrations.

5. Create a summary report documenting the activities of the functional demonstration and any corrective actions taken by Customer or Motorola during the demonstration.

6. Provide Customer instruction on using the Customer Feedback Tool for feature/enhancement requests.

Customer Responsibilities

1. Review and agree to the scope of the demonstration script.

2. Witness the functional demonstration and acknowledge its completion.

3. Resolve any provisioning impacting the functional demonstration.

4. Provide Motorola with any requests for feature enhancements.

Completion Criteria
Conclusion of the functional demonstration.

2.6.2 Interface Validation
The objective of Interface Validation is to verify that the installed interfaces perform in accordance with what is presented in the System Description.

Motorola is not responsible for issues arising from lack of engagement of third-party and/or Customer resources to perform work required to enable/provision and/or configure an interface to a third-party system, or troubleshooting any issues on the Customer’s third-party systems.

Interfaces that cannot be tested due to connectivity issues to external systems, or the unavailability of Customer’s third-party system will be demonstrated to show that Motorola’s portion of an interface is enabled to send and/or receive data that supports the interface experience. In such cases, Motorola demonstrating the elements within Motorola’s control will constitute a successful demonstration and completion of the demonstration task.

Motorola Responsibilities

1. Conduct Interface Validation demonstration.

2. Develop remediation plan for anomalies that do not align with Motorola’s stated System Description.

Customer Responsibilities

1. Provide access to a resource with access to the interfacing system to validate functionality.

2. Witness the execution of the demonstration and acknowledge successful completion.

3. Participate in the documentation of anomalies and work with Motorola to develop remediation action(s).

Motorola Deliverable

Remediation Plan/Schedule for documented anomalies, as required Title/Description

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Attachment: Colton PD, CA (Command Central Aware Plus & Avigilon - Revised) (4331 : Camera System Purchase (CCTV) - Motorola Solutions) Colton Police Department
CommandCentral Aware Plus
November 27, 2023

Use or disclosure of this proposal is subject to the restrictions on the cover page.

Motorola Solutions Confidential Restricted

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2.7 Completion Milestone
Following the conclusion of delivery of the functional demonstration the project is considered complete and the Software System completion milestone will be recognized.

2.8 Transition to Support and Customer Success
Following the completion of the activation of CommandCentral components, implementation activities are complete.

The transition to the Motorola Solutions’ support organization completes the implementation activities.

Customer Success is the main point of contact as you integrate this solution into your agency’s business processes.

Our team will work with you to ensure Video-as-a-Service has met your expectations and that the solution satisfies your goals and objectives. Contact Customer Success at [email protected].

Our Customer Support team will be the point of contact for technical support concerns you might have and can be reached either by phone at 1-800-MSI-HELP (option x4, x4, x3) or by emailing support- [email protected].

Motorola Solutions Responsibilities
 Provide the Customer with Motorola Solutions support engagement process and contact information.  Gather contact information for the Customer users authorized to engage Motorola Solutions support.

Customer Responsibilities
 Provide Motorola Solutions with specific contact information for those users authorized to engage Motorola Solutions’ support.
 Engage the Motorola Solutions support organization as needed.

Completion Criteria
Conclusion of the handover to support and the implementation project is complete.

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Attachment: Colton PD, CA (Command Central Aware Plus & Avigilon - Revised) (4331 : Camera System Purchase (CCTV) - Motorola Solutions) Colton Police Department
CommandCentral Aware Plus
November 27, 2023

Use or disclosure of this proposal is subject to the restrictions on the cover page.

Motorola Solutions Confidential Restricted

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2.9 Avigilon Scope of Work

This proposal is for a TAA Compliant CCTV system that includes the cameras as per the site walk performed.

 All exterior cameras were handpicked for the desired view and environment that they are to be installed in. The NVR is provided with a minimum of 365+1 day’s retention time as requested.  All cameras are to be IP based cameras except for the (4) Pinhole cameras. These cameras are Analog cameras that use an IP encoder & controller to transmit the signal back to the NVR .  Connect eleven 3rd party cameras from City Hall to the ACC system and provide licenses for the camera channels.
 The (4) interview rooms will also be equipped with microphones that will be off and only record audio when the room is put into use.
 A total of (5) monitors will be installed, (1) in the Records area, (1) in the Detectives Area, (1) in the Watch Commanders Office, (1) in the Dispatch Office, & (1) in the Server room.  AVC will work with the customers assigned personnel to focus each camera to achieve the desired coverage

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CommandCentral Aware Plus
November 27, 2023

Proposal Pricing
Use or disclosure of this proposal is subject to the restrictions on the cover page.

Motorola Solutions Confidential Restricted

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Section 3
Proposal Pricing

3.1 Pricing Summary

CommandCentral AWARE PLUS Software Solution- Year 1 Sales Price USD CommandCentral Aware Plus Solution Includes:

Aware Plus Agency Fee & Aware Plus (2) Named users

$18,450
CommandCentral Evidence Standard (2) Named Users & Storage (500GB) $555 (1) Cloud Anchor Server, 5 Year Maintenance & VMWare $12,638 CommandCentral Interfaces
1-Interface: Motorola Solutions Flex
1- Interface: Avigilon ACC Connector

Included
SI Implementation Services Includes:

Implementation/Installation Services $50,152
Video Management System
Video Management System Years 1 $379,606
Combined GRAND TOTAL (1) Year COMMANDCENTAL
AWARE PLUS AND Video Management System
$461,401
Video Management Taxes $12,505

Yearly Pricing Breakdown

Payment Milestones Yearly Sales
Price*
Year 1 Subscription: Evidence, Interfaces and SI Implementation , Video Management Solutions Without Taxes

$461,401
Year 2 ** $19,005
Year 3 ** $19,005
Year 4 ** $19,005
Year 5 ** $19,005
5 Years COMBINED GRAND TOTAL without taxes $537,421
**Years 2-5 Includes CommandCentral Aware Plus Only

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CommandCentral Aware Plus
November 27, 2023

Proposal Pricing
Use or disclosure of this proposal is subject to the restrictions on the cover page.

Motorola Solutions Confidential Restricted

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Any adjustments to pricing for outyears are subject to Article 23 of the HGAC RA05-21.

INFLATION ADJUSTMENT. For multi-year agreements, at the end of the first year of the Agreement and each year thereafter, a CPI percentage change calculation shall be performed using the U.S.

Department of Labor, Consumer Price Index, all Items, Unadjusted Urban Areas (CPI-U). Should the annual inflation rate increase greater than 3% during the previous year, Motorola shall have the right to increase all future maintenance prices by the CPI increase amount exceeding 3%. All items, not seasonally adjusted shall be used as the measure of CPI for this price adjustment. Measurement will take place once the annual average for the new year has been posted by the Bureau of Labor Statistics.

For purposes of illustration, if in year 5 the CPI reported an increase of 8%, Motorola may increase the Year 6 price by 5% (8%-3% base).

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CommandCentral Aware Plus
November 27, 2023

Proposal Pricing
Use or disclosure of this proposal is subject to the restrictions on the cover page.

Motorola Solutions Confidential Restricted

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Section 4

4.1 Payment Milestones
Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) day’safter 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. If Customer has purchased additional Professional or Subscription services, payment will be in accordance with the applicable addenda. Payment for the System purchase will be in accordance with the following milestones.

Milestone Milestone Detail Percentage
1 Execution of Contract 20%
2 Completion of the Project Kickoff and Contract Design Review 20% 3 Delivery of applicable System Hardware and Application Software to Customer Site 35% 4 Installation of System Hardware at Customer Site 10%
5 Successful Completion of System Live Cut 10%
6 Final Acceptance 5%

Motorola shall make partial shipments of equipment and will request payment upon shipment of such equipment. In addition, Motorola shall invoice for installations completed on a site-by-site basis or when professional services are completed, when applicable. The value of the equipment shipped/services performed will be determined by the value shipped/services performed as a percentage of the total milestone value.

Unless otherwise specified, contract discounts are based upon all items proposed and overall system package.

Overdue invoices will bear simple interest at the maximum allowable rate by state law.

For Maintenance and Support Plan and Subscription Based Services: Motorola will invoice Customer annually in advance of each year of the plan.

Customer affirms that a purchase order or notice to proceed is not required for contract performance or for subsequent years of service, if any, and that sufficient funds have been appropriated in accordance with applicable law. The Customer will pay all invoices as received from Motorola and any changes in scope will be subject to the change order process as described in this Agreement. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement.

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H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - Motorola Solutions, Inc. - Public Services - ID: 7290

MOTOROLA GENERAL PROVISIONS

This Master Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and Motorola Solutions, Inc., hereinafter referred to as the Contractor, having its principal place of business at 500 West Monroe Street, Chicago, IL 60661.

WITNESSETH:

WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Master Agreement; and

WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Master Agreement;

NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:

ARTICLE 1: LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Master Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Master Agreement and bind the Contractor to the terms of this Master Agreement and any subsequent amendments hereto.

ARTICLE 2: APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Master Agreement in accordance with all federal laws, executive orders, policies, procedures, applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Master Agreement, including without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith.

ARTICLE 3: PUBLIC INFORMATION
Except as stated below, all materials submitted to H-GAC, including any attachments, appendices, or other information submitted as a part of a submission or Master Agreement, are considered public information, and become the property of H-GAC upon submission and may be reprinted, published, or distributed in any manner by H-GAC according to open records laws, requirements of the US Department of Labor and the State of Texas, and H-GAC policies and procedures. In the event the Contractor wishes to claim portions of the response are not subject to the Texas Public Information Act, it shall so; however, the determination of the Texas Attorney General as to whether such information must be disclosed upon a public request shall be binding on the Contractor. H- GAC will request such a determination only if Contractor bears all costs for preparation of the submission.

H-GAC is not responsible for the return of creative examples of work submitted. H-GAC will not be held accountable if material from submissions is obtained without the written consent of the contractor by parties other than H-GAC, at any time during the evaluation process.

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ARTICLE 4: INDEPENDENT CONTRACTOR
The execution of this Master Agreement and the rendering of services prescribed by this Master Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Master Agreement or act of H-GAC in performance of the Master Agreement shall be construed as making the Contractor the agent, servant, or employee of H-GAC, the State of Texas, or the United States Government. Employees of the Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom.

ARTICLE 5: ANTI-COMPETITIVE BEHAVIOR
Contractor will not collude, in any manner, or engage in any practice which may restrict or eliminate competition or otherwise restrain trade.

ARTICLE 6: SUSPENSION AND DEBARMENT
Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Pursuant to the Federal Rule above, Respondent certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas and at all times during the term of the Contract neither it nor its principals will be debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas Respondent shall immediately provide the written notice to H-GAC if at any time the Respondent learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. H-GAC may rely upon a certification of the Respondent that the Respondent is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless the H-GAC knows the certification is erroneous.

ARTICLE 7: GOAL FOR CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (if subcontracts are to be let) H-GAC’s goal is to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible in providing services under a contract. In accordance with federal procurements requirements of 2 CFR §200.321, if subcontracts are to be let, the prime contractor must take the affirmative steps listed below:

1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;

2. Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into smaller task or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises;

5. Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

Nothing in this provision will be construed to require the utilization of any firm that is either unqualified or unavailable. The Small Business Administration (SBA) is the primary reference and database for information on requirements related to Federal Subcontracting https://www.sba.gov/federal-contracting/contracting-guide/prime- subcontracting

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NOTE: The term DBE as used in this solicitation is understood to encompass all programs/business enterprises such as: Small Disadvantaged Business (SDB), Historically Underutilized Business (HUB), Minority Owned Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise (DVBE) or other designation as issued by a certifying agency.

Contractor agrees to work with and assist HGACBuy customer in meeting any DBE targets and goals, as may be required by any rules, processes, or programs they might have in place. Assistance may include compliance with reporting requirements, provision of documentation, consideration of Certified/Listed subcontractors, provision of documented evidence that an active participatory role for a DBE entity was considered in a procurement transaction, etc.

ARTICLE 8: SCOPE OF SERVICES
The services to be performed by the Contractor are outlined in an Attachment to this Agreement.

ARTICLE 9: PERFORMANCE PERIOD
This Master Agreement shall be performed during the period which begins 08/01/21 and ends 07/31/23. All services under this Master Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 21, which shall be fully executed by both parties to this Master Agreement.

ARTICLE 10: PAYMENT OR FUNDING
Payment provisions under this Master Agreement are outlined in the Special Provisions. H-GAC will not pay for any expenses incurred prior to the execution date of a contract, or any expenses incurred after the termination date of the contract.

ARTICLE 11: PAYMENT FOR WORK
The H-GAC Customer is responsible for making payment to the Contractor upon delivery and acceptance of the goods or completion of the services and submission of the subsequent invoice.

ARTICLE 12: PAYMENT TERMS/PRE-PAYMENT/QUANTITY DISOUNTS If discounts for accelerated payment, pre-payment, progress payment, or quantity discounts are offered, they must be clearly indicated in the Contractor’s submission prior to contract award. The applicability or acceptance of these terms is at the discretion of the Customer.

ARTICLE 13: REPORTING REQUIREMENTS
If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this agreement with notice as identified in Article 29 of these General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor. Termination of this agreement for failure to perform may affect Contractor’s ability to participate in future opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Agreement.

Any additional reporting requirements shall be set forth in the Special Provisions of this Agreement.

ARTICLE 14: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this Master Agreement as outlined and defined in the attached Special Provisions.

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ARTICLE 15: SUBCONTRACTS AND ASSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to assign, transfer, convey, sublet, or otherwise dispose of this Master Agreement or any right, title, obligation, or interest it may have therein to any third party without prior written approval of H-GAC, which will not be unreasonably withheld. The Contractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Master Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor’s subcontractors, with any laws or regulations.

ARTICLE 16: AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Master Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to H- GAC.

In no circumstances will Contractor be required to create or maintain documents not kept in the ordinary course of its business operations, nor will Contractor be required to disclose any information, including but not limited to product cost data, which it considers confidential or proprietary.

ARTICLE 17: TAX EXEMPT STATUS
H-GAC and Customer members are either units of government or qualified non-profit agencies, and are generally exempt from Federal and State sales, excise or use taxes. Respondent must not include taxes in its Response. It is the responsibility of Contractor to determine the applicability of any taxes to an order and act accordingly.

Exemption certificates will be provided upon request.

ARTICLE 18: EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's invoices and pertinent documentation of items which are chargeable to H-GAC under this Master Agreement. H-GAC, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those pertinent records on or off the premises by authorized representatives of its own or any public accounting firm selected by H-GAC. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Master Agreement.

The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party agreements.

ARTICLE 19: RETENTION OF RECORDS
The Contractor and its subcontractors shall maintain all records pertinent to this Master Agreement, for a period of seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved.

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Colton City CouncilJanuary 16, 2024

Colton City Council
January 16, 2024