Agenda packet — Cypress City Council, November 13, 2023 (part 1 of 3)

AGENDA

REGULAR MEETING

CYPRESS CITY COUNCIL
November 13, 2023
4:30 P.M. - Closed Session/Workshop
6:00 P.M. - General Session
www.cypressca.org 5275 Orange Avenue
Cypress, California
Interested in speaking to the City Council? Information about participating in the City Council meeting appears at the end of the agenda.

CALL TO ORDER
4:30 P.M.

Executive Board Room

ROLL CALL
Cypress City Council, also acting as the Ex-Officio Governing Board of Directors of the Cypress Recreation and Park District
Mayor Anne Mallari
Mayor Pro Tem Scott Minikus
Council Member David Burke
Council Member Frances Marquez
Council Member Bonnie Peat
ORAL COMMUNICATIONS ON CLOSED SESSION / WORKSHOP ITEMS (Limited to 30 minutes - three minutes per speaker. The City Council may adjust the time allotted per speaker.)
The public may address the City Council on Closed Session/Workshop items prior to any action taken. Although Council Members may provide brief responses, the City Council may not engage in a discussion with members of the public during the meeting. Please complete a Speaker's Card to address the City Council in-person. Members of the public are encouraged to communicate with the City Council via email at [email protected] or by calling 714-229-6699.

CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code Section 54956.8
Property:  5732 Lincoln Avenue (APN 244-472-09)
Agency Negotiator:  Peter Grant, City Manager
Negotiating Parties:  City of Cypress and The Olson Company Under Negotiation:  Price and terms of potential sale
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Southwest Voter Registration Education Project v. City of Cypress Case No. 30-2022-01270865-CU-CR-CJC
Orange County Superior Court

RECONVENE
6:00 P.M.

Council Chambers

PLEDGE OF ALLEGIANCE

REPORT OF CLOSED SESSION / WORKSHOP
City Manager/City Attorney

PRESENTATIONS
Law Enforcement Records and Support Personnel Day Proclamation World Pancreatic Cancer Day Proclamation
Orange County Mosquito and Vector Control District Recognition Recreation and Community Services Construction Update
ORAL COMMUNICATIONS ON AGENDA ITEMS (Three minutes per speaker. The City Council may adjust the time allotted per speaker.)
The public may address the City Council on agenda items prior to any action taken. Although Council Members may provide brief responses, the City Council may not engage in a discussion with members of the public during the meeting. Please complete a Speaker's Card to address the City Council in-person. Please follow the instructions at the end of the agenda and wait for the Mayor/City Clerk to call on you to address the City Council virtually. Speakers providing in-person comments will be called first. Members of the public are encouraged to communicate with the City Council via email at [email protected] or by calling 714-229-6699.

November 13, 2023 | Page 2
714-229-6699.

CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a Council Member requests separate action on a specific item. Council Members voting no or abstaining on a Consent Calendar item may do so without removing the item from the Consent Calendar.

1. Receive and File Public Comments Submitted for the November 13, 2023 City Council Meeting
Prepared by: Alisha Farnell, City Clerk
Recommendation: Receive and file submitted public comments.

2. Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading

3. Approve Minutes - Meetings of October 9 and October 23, 2023 Prepared by: Alisha Farnell, City Clerk
Recommendation: Approve as submitted.

4. Proclaim November 14, 2023 as Law Enforcement Records and Support Personnel Day
Prepared by: Alisha Farnell, City Clerk
Recommendation: Proclaim November 14, 2023 as Law Enforcement Records and Support Personnel Day.

5. Proclaim November 16, 2023 as World Pancreatic Cancer Day Prepared by: Alisha Farnell, City Clerk
Recommendation: Proclaim November 16, 2023 as World Pancreatic Cancer Day.

6. Receive an Update on the Strategic Plan Six-Month Objectives Prepared by: Peter Grant, City Manager
Recommendation: Receive an update on the Strategic Plan six-month objectives.

7. Approve a Revision to the Citrus Square Senior Community Affordable Housing Agreement
Prepared by: Alicia Velasco, Planning Director
Recommendation: Approve a revision to the Affordable Housing Agreement with CypressMoodyM 2022, LLC.

8. Second Reading of an Ordinance Amending the Municipal Code to Implement November 13, 2023 | Page 3

8. Second Reading of an Ordinance Amending the Municipal Code to Implement the Housing Element and Comply with State Housing Laws
Prepared by: Alicia Velasco, Planning Director
Recommendation: Approve the second reading and adopt an Ordinance, by title only and waive further reading, amending selected provisions of Appendix I (Zoning) of the Cypress Municipal Code related to multi-family housing development and design standards, multi-family permitting procedures, and accessory dwelling units in support of Housing Element implementation.

9. Approve an Agreement to Conduct Public Opinion Research for the Housing Element Implementation Ballot Measure
Prepared by: Alicia Velasco, Planning Director
Recommendation: Approve an agreement with Fairbank, Maslin, Maullin, and Metz & Associates for $33,500 to conduct public opinion research for the Housing Element implementation ballot measure.

10. Approve Revision to Class Specification for Accountant Prepared by: Matt Burton, Director of Finance and Administrative Services Recommendation: Adopt a Resolution revising the class specification for Accountant.

11. Approve the Purchase for Renewal of Network Security Monitoring Services Prepared by: Matt Burton, Director of Finance and Administrative Services Recommendation: Approve a three-year agreement with SHI International Corp. for $117,417.82 to renew the city's Arctic Wolf Managed Detection and Response Network Security Monitoring Services.

12. Adopt a Resolution Approving the Measure M2 Annual Expenditure Report Prepared by: Matt Burton, Director of Finance and Administrative Services Recommendation: Adopt a Resolution approving the Measure M2 Annual Expenditure Report for the fiscal year ended June 30, 2023.

13. Accept the Arterial Rehabilitation - Intersections, Project 346 Prepared by: Doug Dancs, Director of Public Works
Recommendation:

1. Accept the Arterial Rehabilitation - Intersections, Project 346, in the amount of $303,691.40 and approve the final payment of $7,216 to Palp, Inc. DBA Excel Paving Company; and

2. Authorize the City Engineer to file a Notice of Completion with County Recorder.

14. Award Contracts for Cerritos Avenue Frontage Landscape Improvements, November 13, 2023 | Page 4

14. Award Contracts for Cerritos Avenue Frontage Landscape Improvements, Project 320
Prepared by: Doug Dancs, Director of Public Works
Recommendation:

1. Award a contract to Marina Landscape, Inc., for $215,690, and authorize a contingency of $32,300; and

2. Approve a Task Order for Construction Inspection Services to Ardurra Group Inc., for $51,897, and authorize a contingency of $7,700; and

3. Approve a $134,593 appropriation increase in the City Capital Projects Fund for the Cerritos Avenue Frontage Landscape Improvements, Project 320; and

4. Approve a $134,593 transfer from the Gas Tax 2106 Fund to the City Capital Projects Fund for the additional project costs.

15. Approve Plans and Specifications for Oak Knoll Park Security Improvements, Project 331
Prepared by: Doug Dancs, Director of Public Works
Recommendation: Approve Plans and Specifications for Oak Knoll Park Security Improvements, Project 331.

16. Award a Contract for the Purchase and Installation of Flooring/Carpeting for the City Hall West Wing, Project 326
Prepared by: Doug Dancs, Director of Public Works
Recommendation: Award a contract to Milliken Services, LLC, for $89,078.95, for the purchase and installation of carpet tiles and LVT (Luxury Vinyl Tile) flooring, and authorize a contingency of $8,900.

17. Award Contracts for City Hall Public Restroom Improvements, Project 324 Prepared by: Doug Dancs, Director of Public Works
Recommendation:

1. Award a contract to Corral Construction and Development Inc., for $173,001, and authorize a contingency of $26,000; and

2. Approve a Task Order for Construction Inspection Services to Ardurra Group Inc., for $31,626, and authorize a contingency of $4,800.

November 13, 2023 | Page 5

18. Approve Plans and Specifications and Award Contract for Sewer System Evaluations, Project 355
Prepared by: Doug Dancs, Director of Public Works
Recommendation:

1. Approve Plans and Specifications for Sewer System Evaluations, Project 355; and

2. Award a contract to Premier Pipe, Inc., Upland, CA, for $133,390, and authorize a contingency of $20,000.

19. Award Contracts for Sewer System Improvements, Project 354 Prepared by: Doug Dancs, Director of Public Works
Recommendation:

1. Approve Plans and Specifications for the Sewer System Improvements, Project 354; and

2. Award a contract for sewer line improvements to Sancon Technologies Inc., Huntington Beach, CA, for $68,770, and authorize a contingency of $10,300; and

3. Approve a Task Order for Construction Inspection Services to Ardurra Group, Inc., for $23,362, and authorize a contingency of $3,500; and

4. Authorize additional appropriations of $22,932 in the Sewer Fund for Sewer System Improvements.

20. Authorize the Purchase of Six Public Works Vehicles Prepared by: Doug Dancs, Director of Public Works
Recommendation:

1. Authorize the purchase of four Public Works vehicles for $293,255.90 from National Auto Fleet Group; and

2. Authorize the purchase of one Public Works bucket truck for $228,536.65 from Custom Truck One Source; and

3. Authorize the purchase of one Public Works water trailer for $10,312.19 from Multiquip, Inc.; and

4. Authorize an appropriation increase of $29,105 in the Capital Replacement Fund to purchase and fully upfit the vehicles; and

5. Authorize a transfer of $29,105 from the General Fund to the Capital Replacement Fund for the balance of the vehicles.

November 13, 2023 | Page 6

21. Approve Names for Arnold Cypress Park Softball Fields Prepared by: Jeff Draper, Director of Recreation and Community Services Recommendation: Approve naming the Arnold Cypress Park softball fields: Founders Field, Rob Johnson Field, Lucy Polanco Field, and Anna Piercy Field.

NEW BUSINESS

22. Award Contracts for Arnold Cypress Park Rehabilitation, Project 308, and Approve a Loan Agreement Between the City and District
Prepared by: Doug Dancs, Director of Public Works
Recommendation:

1. Award a contract to Los Angeles Engineering, Inc. for $28,040,000 and authorize a contingency of $2,804,000; and

2. Award a contract to Griffin Structures, Inc. for Construction Management and Inspection Services for $875,000 and authorize a contingency of $87,500; and

3. Appropriate an additional $6 million for the construction of Arnold Cypress Park; and

4. Approve a Repayment Agreement and Promissory Note between the City and District for an amount not to exceed $33.5 million.

23. Approve an Agreement for a Police Vehicle Mobile Audio Video System Prepared by: Mark Lauderback, Chief of Police
Recommendation:

1. Approve a five-year agreement for $404,199 with Axon Enterprises, Inc. for the purchase, installation and support of a mobile audio video system for Police department patrol vehicles; and

2. Approve an agreement with Axon Enterprises, Inc. for Sourcewell cooperative agreement pricing.

24. Consider Proposals for an Investigation of the Disclosure of Information From Confidential Closed Sessions of the City Council and Provide Direction Prepared by: Fred Galante, City Attorney
Recommendation: Consider proposals for an investigation of the disclosure of information from confidential closed sessions of the City Council and provide direction.

November 13, 2023 | Page 7

ITEMS REMOVED FROM CONSENT CALENDAR
ORAL COMMUNICATIONS (Three minutes per speaker. The City Council may adjust the time allotted per speaker.)
The public may address the City Council on any item within the subject matter jurisdiction of the City Council. Although Council Members may provide brief responses, the City Council may not discuss nor take action on items that are not on the agenda. Please complete a Speaker's Card to address the City Council in-person. Members of the public are encouraged to communicate with the City Council via email at [email protected] or by calling 714-229-6699.

COUNCIL MEMBER REPORTS FROM CITY-AFFILIATED BOARDS AND COMMITTEES

AND REMARKS

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION

CITY MANAGER REMARKS

ADJOURNMENT
The next meeting will be an adjourned Regular Meeting, to be held on Monday, December 11, 2023, beginning at 5:30 p.m. in the Executive Board Room.

I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted on the City Hall bulletin board and City website not less than 72 hours prior to the meeting. Dated this 9th day of November, 2023.

________________________________
Alisha Farnell, City Clerk
November 13, 2023 | Page 8

PUBLIC PARTICIPATION
Members of the public can participate in the City Council meeting in the following ways:

1. Attend In-Person. First-come, first-served seating is available. All attendees must be free of any symptoms associated with contagious illnesses.

2. Attend Virtually via Webinar. Follow this link:
https://attendee.gotowebinar.com/register/7281966989604191579. Advanced registration is recommended.

The public may address the City Council virtually during Oral Communications on Agenda Items/ Public Hearings. Virtual participants must click the 'hand raise' button prior to the end of the first in-person speaker to indicate they wish to address the City Council. Upon clicking the 'hand raise' button, please unmute your microphone and wait for the Mayor/City Clerk to call on you. = Hand Raise = Unmute

3. Submit Public Comments Prior to the Meeting. The public may submit comments via email to [email protected]. Comments submitted by 3:00 p.m. on the day of the meeting will be added to the City Council agenda as a Consent Calendar item.

4. Watch the Meeting. The City Council meeting can be viewed on Spectrum Cable Channel 36 or on the City's website at www.cypressca.org/watchlive.

5. Listen to the Meeting. Listen-only teleconferencing is available by calling (562) 247-8321 and entering Access Code 708-762-836. No registration or audio pin is necessary.

INVOCATION POLICY
The City Council does not endorse the content of the invocation and does not endorse the invocational speaker’s particular faith, belief and/or religious denomination. The City Council has an established neutral policy for selecting and scheduling invocational speakers. The City Council’s policy on invocations is available from the City Clerk.

AMERICANS WITH DISABILITIES ACT
In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this meeting, you should contact the City Clerk at (714) 229-6685 at least 72 hours prior to the meeting to enable the City to make reasonable arrangements to assure accessibility to this meeting.

November 13, 2023 | Page 9
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 1.

FROM: Alisha Farnell, City Clerk
DATE: 11/13/2023
SUBJECT: Receive and File Public Comments Submitted for the November 13, 2023 City Council Meeting

RECOMMENDATION
Receive and file submitted public comments.

BUDGET IMPACT
None.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 3.

FROM: Alisha Farnell, City Clerk
DATE: 11/13/2023
SUBJECT: Approve Minutes - Meetings of October 9 and October 23, 2023

RECOMMENDATION
Approve as submitted.

BUDGET IMPACT
None.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
October 9, 2023 City Council Minutes
October 23, 2023 City Council Minutes

REGULAR MEETING

CYPRESS CITY COUNCIL
OCTOBER 9, 2023
4:30 P.M. – CLOSED SESSION
6:00 P.M. - GENERAL SESSION
A regular meeting of the Cypress City Council was called to order at 4:31 p.m. by Mayor Mallari in the Executive Board Room, 5275 Orange Avenue, Cypress, California.

Pursuant to Government Code section 54953(b), this Regular City Council Meeting included teleconference participation by Mayor Mallari from Chicago Marriott Oak Brook – 1401 West 22nd Street, Oak Brook, IL 60523

ROLL CALL
Cypress City Council, also acting as the Ex-Officio Governing Board of Directors of the Cypress Recreation and Park District
Mayor Anne Mallari – via teleconference
Mayor Pro Tem Scott Minikus
Council Member David Burke
Council Member Frances Marquez
Council Member Bonnie Peat

STAFF PRESENT
City Manager Peter Grant
City Attorney Fred Galante
City Clerk Alisha Farnell

ORAL COMMUNICATIONS ON CLOSED SESSION / WORKSHOP ITEMS
None.

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9
Number of Potential Cases: One

PUBLIC EMPLOYEE EVALUATION
Pursuant to Government Code Section 54957
Title: City Attorney
Mayor Mallari recessed the meeting at 4:32 p.m.

RECONVENE
Mayor Mallari reconvened the City Council meeting at 6:06 p.m.

ROLL CALL
City Manager Peter Grant
City Attorney Fred Galante
Director of Finance and Administration Matt Burton
Director of Public Works Doug Dancs
Chief of Police Mark Lauderback
Planning Director Alicia Velasco
Director of Recreation and Community Services Jeff Draper City Clerk Alisha Farnell
City Engineer Nick Mangkalakiri
INVOCATION Mike McKay, Neighborhood Church, led the Invocation.

PLEDGE OF ALLEGIANCE Council Member David Burke, led the Pledge of Allegiance.

REPORT OF CLOSED SESSION / WORKSHOP
The City Attorney reported that the City Council met in Closed Session and held a discussion regarding the first item listed on the agenda, Conference with Legal Counsel – Anticipated Litigation. He stated the City Council received a briefing and no further reportable action was taken.

Regarding the second Closed Session item listed on the agenda, namely Public Employee Evaluation of Performance title City Attorney, he reported the City Council deliberated the public employee evaluation, provided feedback and no further reportable action was taken.

PRESENTATIONS
The City Council presented a Fire Prevention Week Proclamation to Orange County Fire Authority Division Chief Steve Dohman.

The City Council presented the Police Department with a “Red Ribbon Week” Proclamation. Community Outreach Officer Julie Marquez accepted the Proclamation on behalf of the Police Department.

ORAL COMMUNICATIONS ON AGENDA ITEMS
Bob Youngsma, Cypress, spoke regarding Agenda Item No. 3.

CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a Council Member requests separate action on a specific item.

Council Member Marquez requested to pull Agenda Items No. 4.

A motion was made by Council Member Burke, and seconded by Council Member Marquez, to approve Consent Calendar items No. 1 through 3 and 5 through 8.

The motion was unanimously carried by the following roll call vote:

AYES: 5 COUNCIL MEMBERS: Burke, Marquez, Peat, Minikus and Mallari NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 1: Receive and File Public Comments Submitted for the October 9, 2023 City Council Meeting
Recommendation: Receive and file submitted public comments.

Item No. 2: Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading Item No. 3: Approve Minutes – Meetings of September 11, September 14, September 18, and September 25, 2023
Recommendation: Approve as submitted.

Item No. 5: Accept the Residential Street Resurfacing, Project 314 Recommendation:

1. Accept the Residential Street Resurfacing, Project 314, in the amount of 1,016,823.50 and approve the final payment of $46,203.28 to American Asphalt South, Inc.; and

2. Authorize the City Engineer to file a Notice of Completion with the County Recorder.

Item No. 6: Approve Converting a Permanent Part-Time Recreation Specialist to a Full-Time Recreation Coordinator
Recommendation: Approve converting the permanent part-time Recreation Specialist position to a full-time Recreation Coordinator position.

Item No. 7: Proclaim the Week of October 8-14, 2023 as Fire Prevention Week Recommendation: Proclaim the week of October 8-14, 2023, as Fire Prevention Week Item No. 8: Proclaim the Week of October 22-28, 2023 as Red Ribbon Week Recommendation: Proclaim the week of October 22-28, 2023 as Red Ribbon Week.

NEW BUSINESS
Item No. 9: Adopt the Strategic Plan and Six Month Objectives The City Manager provided a report on this item.

City Council discussion ensued.

A motion was made by Council Member Peat, and seconded by Mayor Mallari, to adopt the Strategic Plan and six month objectives less the solid waste item.

The motion was carried by the following roll call vote:

AYES: 3 COUNCIL MEMBERS: Peat, Minikus and Mallari
NOES: 2 COUNCIL MEMBERS: Burke and Marquez
ABSENT: 0 COUNCIL MEMBERS: None

ITEMS REMOVED FROM CONSENT CALENDAR
Item No. 4: Accept the Lexington Park, Project 225
Council Member Marquez stated she will abstain from this item.

A motion was made by Mayor Mallari, and seconded by Council Member Peat, to accept the Lexington Park, Project 225, in the amount of $10,881,046.71 and approve the final payment of $544,052.34 to Horizons Construction Company International Inc. and authorize the City Engineer to file a Notice of Completion with the County Recorder.

The motion was carried by the following roll call vote:

AYES: 4 COUNCIL MEMBERS: Burke, Peat, Minikus and Mallari NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 1 COUNCIL MEMBERS: Marquez

ORAL COMMUNICATIONS
Harumi Lucak, Cypress, spoke regarding investigation of leaked Closed Session information.

Beth Culver, Cypress, spoke regarding investigation of leaked Closed Session information.

Glenn Button, Cypress, spoke regarding Youth Action Committee members in attendance at City Council meeting.

Bob Youngsma, Cypress, spoke regarding virtual City Council meeting participation for the public.

COUNCIL MEMBER REPORTS FROM CITY-AFFILIATED BOARDS AND

COMMITTEES AND REMARKS
Council Member Marquez:

Stated she is a part of the Cypress College Presidential Search Committee. Thanked everyone for their work with the Cypress Community Festival and Cypress Run. Attended the Rotary Club Wine & Dine event. Attended Sunday service at Neighborhood Church.

Attended the American Legion District 29 general membership meeting. Offered her assistance to local veterans. Announced office hours at Oak Knoll Park. Thanked Senior Citizen Commissioners and City staff for their work at the Senior Center. Gave a shout out to a local resident.

Council Member Burke:

Responded to public comments regarding leaked information from a Closed Session meeting. Attended the Cypress Community Festival and Cypress Run. Attended Bridges at Kramer Place Advisory Board meeting. Attended the Orange County Library Advisory Board meeting and provided information on upcoming events. Announced his family is expecting another child in 2024.

Mayor Hertz-Mallari
Announced Fire Station 17 will be hosting an Open House event this month.

Council Member Peat
Participated in Eagle Scout interviews. Attended the City of Placentia State of the City.

Attended the grand opening for Kaeser Compressors. Attended the Cypress Run and Community Festival.

Mayor Pro Tem Minikus
Visited new businesses in the City and announced Dr. Footman will be having an open house event this weekend. Attended Regional Military Affairs committee meeting.

Attended grand opening event for Kaeser Compressors. Attended Orange County Sanitation District Board meeting. Participated in the Cypress 5K Run and attended the Cypress Community Festival.

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
None.

CITY MANAGER REMARKS
Spoke regarding the Cypress Community Festival and Cypress Run. Reminded residents about upcoming events in the month of October. Spoke regarding fallen officers Matt Ward and Chad Swanson.

ADJOURNMENT – IN MEMORY OF MANHATTAN BEACH POLICE OFFICER CHAD

SWANSON
Mayor Mallari adjourned the Regular Meeting at 7:14 p.m. to an adjourned Regular Meeting, to be held on Monday, October 23, 2023, beginning at 5:30 p.m. in the Executive Board Room.
_______________________________

MAYOR OF THE CITY OF CYPRESS
ATTEST:
___________________________________

CITY CLERK OF THE CITY OF CYPRESS

REGULAR MEETING

CYPRESS CITY COUNCIL
OCTOBER 23, 2023
4:00 P.M. – CLOSED SESSION
6:00 P.M. - GENERAL SESSION
A regular meeting of the Cypress City Council was called to order at 4:03 p.m. by Mayor Mallari in the Executive Board Room, 5275 Orange Avenue, Cypress, California.

STAFF PRESENT
City Manager Peter Grant
City Attorney Fred Galante
Director of Finance and Administrative Services Matt Burton City Clerk Alisha Farnell
Human Resources Manager Regina Nguyen

ORAL COMMUNICATIONS ON CLOSED SESSION / WORKSHOP ITEMS
None.

CLOSED SESSION

CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency Negotiators: City Manager and Director of Finance and Administrative Services Employee Groups: Cypress Employees’ Association, Cypress Maintenance Employees’ Association
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Southwest Voter Registration Education Project v. City of Cypress Case No. 30-2022-01270865-CU-CR-CJC
Orange County Superior Court
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9
Number of Potential Cases: One
Mayor Mallari recessed the meeting at 4:04 p.m.

RECONVENE
Mayor Mallari reconvened the City Council meeting at 6:23 p.m.

ROLL CALL
City Manager Peter Grant
City Attorney Fred Galante
Director of Finance and Administration Matt Burton
Director of Public Works Doug Dancs
Chief of Police Mark Lauderback
Planning Director Alicia Velasco
Director of Recreation and Community Services Jeff Draper City Clerk Alisha Farnell
City Engineer Nick Mangkalakiri
Senior Management Analyst Jason Machado
Senior Management Analyst Kirsten Graham
INVOCATION Father Binh Nguyen, St. Irenaeus Catholic Church, led the Invocation.

PLEDGE OF ALLEGIANCE Megan, Woman’s Club of Cypress, led the Pledge of Allegiance.

REPORT OF CLOSED SESSION / WORKSHOP
The City Attorney reported that the City Council met in Closed Session and held a discussion regarding the first item listed on the agenda, Conference with Labor Negotiator concerning the employee group Cypress Employees’ Association, Cypress Maintenance Employees’ Association. He stated the City Council received on update and no further reportable action was taken.

Regarding the second Closed Session item listed on the agenda, namely Conference with Legal Counsel – existing litigation, the matter of Southwest Voter Registration Education Project v. City of Cypress. The City Attorney stated the City Council received a briefing on the status of the matter and no further reportable action was taken.

Regarding the third Closed Session item listed on the agenda, namely Conference with Legal Counsel – anticipated litigation, he stated the City Council would recess back into Closed Session following the open session.

ORAL COMMUNICATIONS ON AGENDA ITEMS
None.

CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a Council Member requests separate action on a specific item.

Mayor Pro Tem Minikus stated that Agenda Item No. 8, the Warrant Register, includes electronic fund transfer No. 13844 for $294.34 as reimbursement for medical coverage he is entitled to receive as a CalPERS annuitant. He indicated that in voting for any motion to approve the Warrant Register, he would not be voting on electronic fund transfer No. 13844 for the reason disclosed.

Council Member Marquez requested to pull Agenda Item No. 4.

A motion was made by Council Member Peat, and seconded by Council Member Marquez, to approve Consent Calendar items No. 1 through 3 and 5 through 8.

The motion was unanimously carried by the following roll call vote:

AYES: 5 COUNCIL MEMBERS: Burke, Marquez, Peat, Minikus and Mallari NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 1: Receive and File Public Comments Submitted for the October 23, 2023 City Council Meeting
Recommendation: Receive and file submitted public comments.

Item No. 2: Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading Item No. 3: Adopt a Resolution Authorizing CalRecycle Grant Applications Recommendation: Adopt a resolution authorizing CalRecycle grant applications.

RESOLUTION NO. 6948

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS

AUTHORIZING SUBMITTAL OF INDIVIDUAL GRANT APPLICATIONS FOR

ALL GRANT PROGRAMS FOR WHICH THE CITY OF CYPRESS IS ELIGIBLE Item No. 5: Approve an Amendment to the Custodial Services Contract for City Facilities
Recommendation: Approve a $4,844 contract amendment with United Maintenance Systems for custodial services at City Facilities for the period of November 2023 through July 2024.

Item No. 6: Award Contract for Shade Structure Replacement at Eucalyptus, Project 364
Recommendation:

1. Approve Plans and Specifications for Shade Structure Replacement at Eucalyptus Park, Project 364; and

2. Award a contract to R.E. Schultz Construction, Inc. for $72,610, and authorize a contingency of $10,800.

Item No. 7: Receive and File Investment Report for the Month Ended September 30, 2023
Recommendation: Receive and file the attached investment report.

Item No. 8: Receive and File Register of Warrants, Transfers, and Wires Issued for Period of September 9, 2023 through October 6, 2023 Recommendation: Receive and file the attached payment register summarized below for the period of September 9, 2023 through October 6, 2023 • Electronic Funds Transfers 13734 through 13876
• Warrants 63460 through 63669
• Payroll Transfers W1511 through W1512

PUBLIC HEARINGS
Item No. 9: Approve an Ordinance Amending the Municipal Code to Implement the Housing Element and Comply with State Housing Laws
Mayor Mallari asked Council Members to disclose any communication with anyone relevant to the item.

No communications were disclosed.

The Planning Director provide a report on this item.

Council Members asked questions of staff.

Mayor Mallari opened the Public Hearing and invited members of the public to speak on this item.

Bob Youngsma, Cypress, spoke regarding the applicability of the Ordiance to the Los Alamitos Race Course property.

Edwin Kraemer, Cypress, spoke regarding incentives and guidance for multi-family and ADU developments.

Mayor Mallari closed the Public Hearing.

A motion was made by Mayor Pro Tem Minikus, and seconded by Council Member Burke, to approve first reading, by title only, of an Ordinance amending selected provisions of Appendix I (zoning) of the Cypress Municipal Code related to multi-family housing development and design standards, multi-family permitting procedures, and accessory dwelling units in support of Housing Element implementation; and find the action exempt from the California Environmental Quality Act.

The City Attorney introduced the first reading of the Ordinance.

The motion was unanimously carried by the following roll call vote:

AYES: 5 COUNCIL MEMBERS: Burke, Marquez, Peat, Minikus and Mallari NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None

NEW BUSINESS
Item No. 10: Receive an Update on Lexington Park Electric Vehicle Charging Stations
Senior Management Analyst Machado provided a report on this item.

The City Council asked questions of staff.

No action was taken.

ITEMS REMOVED FROM CONSENT CALENDAR
Item No. 4: Approve a Task Order for Solid Waste Consulting Services Council Member Marquez asked questions of staff.

A motion was made by Council Member Marquez, and seconded by Council Member Peat, to approve annual task order for solid waste consulting services.

The motion was unanimously carried by the following roll call vote:

AYES: 5 COUNCIL MEMBERS: Burke, Peat, Minikus and Mallari NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None

ORAL COMMUNICATIONS
Bob Youngsma, Cypress, Cypress, spoke regarding City spending related to park improvements.

COUNCIL MEMBER REPORTS FROM CITY-AFFILIATED BOARDS AND

COMMITTEES AND REMARKS
Council Member Marquez:

Thanked everyone for their work on Celebrate Cypress month. Will be attending the Women’s Conference on Wednesday. Recognized her sister in honor of Breast Cancer Awareness month. Gave a shout out to a Cypress Resident.

Council Member Peat:

Attended grand opening event for Dr. Footman. Attended Cypress Police Foundation Night at the Races special event. Attended State of the City. Attended the Mayor’s Prayer Breakfast. Attended grand opening for Assemblywoman Sharon Quirk-Silva’s new district office. Attended OC Vector Control Board meeting.

Council Member Burke
No report.

Mayor Pro Tem Minikus
Met with a resident regarding an immigration issue. Attended funeral services for fallen Manhattan Beach police officer Chad Swanson. Attended Mayor’s Prayer Breakfast.

Attended Assemblywoman Sharon Quirk-Silva’s open house event. Attended grand opening for Dr. Footman. Attended Cypress Police Foundation fundraiser. Attended American Veterans Assistant Group meeting. Attended Cypress Community Festival and Cypress Run.

Mayor Mallari
Attended grand opening for Dr. Footman. Attended Cypress Police Foundation Fundraiser. Attended Lexington Junior High Fun Run event. Attended funeral for fallen Manhattan Beach police officer Chad Swanson. Spoke about State of the City and Mayor’s Prayer Breakfast. Announced former Mayor Jon Peat will be honored at the Americana Awards.

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
None.

CITY MANAGER REMARKS
Spoke with Manhattan Beach City Manager regarding funeral service for Officer Chad Swanson. Congratulated the Mayor and staff on the State of the City.

ADJOURNMENT – IN MEMORY CYPRESS RESIDENT CHLOE GORZEMAN Mayor Mallari recessed the meeting into Closed Session at 7:15 p.m. to resume discussion of the Closed Session items as previously reported by the City Attorney.

Mayor Mallari reconvened the meeting at 8:15 p.m. No reportable action was taken in Closed Session.

Mayor Mallari adjourned the Regular Meeting at 8:15 p.m. to an adjourned Regular Meeting, to be held on Monday, November 13, 2023, beginning at 5:30 p.m. in the Executive Board Room.
_______________________________

MAYOR OF THE CITY OF CYPRESS
ATTEST:
___________________________________

CITY CLERK OF THE CITY OF CYPRESS
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 4.

FROM: Alisha Farnell, City Clerk
DATE: 11/13/2023
SUBJECT: Proclaim November 14, 2023 as Law Enforcement Records and Support Personnel Day

RECOMMENDATION
Proclaim November 14, 2023 as Law Enforcement Records and Support Personnel Day.

DISCUSSION
Periodically, the City receives requests to publicly declare, recognize, observe, or promote awareness of a special event. As the City's past practice has established, routine and/or internal proclamation requests are placed on an agenda by the City Clerk for consideration by the City Council. Any new proclamation requests may be added to a future agenda in accordance with City Council policy.

The City Clerk received a routine request from the Police Department for the City Council to officially proclaim November 14, 2023 as Law Enforcement Records and Support Personnel Day. A proclamation has been prepared for the Mayor’s signature and is attached for consideration.

BUDGET IMPACT
None.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Proclamation

LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL DAY
November 14, 2023
WHEREAS, law enforcement agencies throughout the State depend upon law enforcement records and support personnel to provide them with vital services; and WHEREAS, law enforcement records and support personnel are crucial to helping law enforcement agencies identify, pursue, capture, and process suspected law breakers; and
WHEREAS, these professionals continually use their expertise and experience to assist in tracking felons, maintaining criminal statistics and improving apprehension strategies; and
WHEREAS, it is important to recognize California’s law enforcement records and support personnel for their valuable contributions to our law enforcement system; and WHEREAS, the Cypress Police Department Records Bureau staff exhibits compassion, understanding, and professionalism during the performance of their job; and WHEREAS, the State Executive Board of the California Law Enforcement Association of Records Supervisors has proclaimed November 14, 2023, as “Law Enforcement Records and Support Personnel Day;” and
NOW, THEREFORE, LET IT BE PROCLAIMED, that the City Council of the City of Cypress does hereby support November 14, 2023, as LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL DAY in the City of Cypress and extend our gratitude to Cypress Police Department Records Bureau staff for their dedicated service to our community, their diligence, and their commitment to keeping our City and citizens safe.
__________________________________
Anne Mallari
Mayor of the City of Cypress
Dated: November 13, 2023
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 5.

FROM: Alisha Farnell, City Clerk
DATE: 11/13/2023
SUBJECT: Proclaim November 16, 2023 as World Pancreatic Cancer Day

RECOMMENDATION
Proclaim November 16, 2023 as World Pancreatic Cancer Day.

DISCUSSION
Periodically, the Mayor receives requests to publicly declare, recognize, observe, or promote awareness of a special event or cause. On October 20, Mayor Mallari received a request from the Pancreatic Cancer Action Network Orange County Affiliate to proclaim November 16, 2023 as World Pancreatic Cancer Day to spread awareness regarding pancreatic cancer.

A proclamation has been prepared for the Mayor’s signature and is attached for consideration.

BUDGET IMPACT
None.

LEGAL REVIEW
None.

APPROVED BY: Peter Grant, City Manager
Attachments
Proclamation

WORLD PANCREATIC CANCER DAY
NOVEMBER 16, 2023
WHEREAS, in 2023, an estimated 57,600 people will be diagnosed with pancreatic cancer, and 47,050 people will die from the disease;
WHEREAS, pancreatic cancer is one of the deadliest cancers, it is currently the 3rd leading cause of cancer-related death in the United States surpassing breast cancer.

WHEREAS, pancreatic cancer is the only major cancer with a five-year relative survival rate in the single digits, at just 9 percent;
WHEREAS, when symptoms of pancreatic cancer present themselves, it is generally in later stages, and only 10 percent of pancreatic cancer patients are diagnosed when the disease is confined to their pancreas, and 91 percent of pancreatic cancer patients die within the first five years;
WHEREAS, approximately 4,970 deaths will occur in California in 2023; WHEREAS, pancreatic cancer is the seventh most common cause of cancer-related death across the world;
WHEREAS, the good health and well-being of the residents of Cypress are enhanced as a direct result of increased awareness about the symptoms and risks of pancreatic cancer, and research into early detection, causes, and effective treatments; therefore be it NOW, THEREFORE, LET IT BE PROCLAIMED, that the City Council of the City of Cypress does hereby support November 16, 2023, as WORLD PANCREATIC CANCER DAY in the City of Cypress.
_______________________________
Anne Mallari

MAYOR OF THE CITY OF CYPRESS
Dated: November 13, 2023
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 6.

FROM: Peter Grant, City Manager
DATE: 11/13/2023
SUBJECT: Receive an Update on the Strategic Plan Six-Month Objectives

RECOMMENDATION
Receive an update on the Strategic Plan six-month objectives.

DISCUSSION
The Strategic Plan establishes major goals and objectives for the City. It provides the principal guidance for the preparation of the budget and a plan for implementation and accountability. The Strategic Plan is among the City Council's most effective tools to improve services and preserve Cypress' high quality of life.

The City Council updated the Strategic Plan in October 2023, including a review of the existing plan, development of new six-month objectives, and a discussion of the City's strengths and accomplishments during the past six months. The attached matrices report the progress on the six-month objectives as of November 13, 2023 A special City Council meeting will be held in March 20, 2024 to update the plan for the next six months.

BUDGET IMPACT
None.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Six-Month Objectives

C I T Y O F C Y P R E S S

SI X-MON T H ST RATE GIC OBJ E CTI VES
O c t o b e r 2 0 2 3 – M a r c h 2 0 2 4
A
THREE-YEAR GOAL: MAINTAIN INFRASTRUCTURE AND FACILITIES

WHEN WHO WHAT STATUS COMMENTS
DONE
ON

TARGET REVISED

1. At the November
13, 2023 City Council
meeting
Public Works
Director and
Recreation &
Community Services
Director
Recommend a construction contract for the Arnold
Cypress Park rehabilitation to the City Council.

2. By February 1,
2024
Public Works
Director
Issue Request for Proposals/Qualifications for the design of Myra Avenue pump station No. 1.

3. By March 1, 2024 Public Works
Director
Recommend a plan for the installation of audio pedestrian accessible crosswalk signals to the City Manager.

C I T Y O F C Y P R E S S

SI X-MON T H ST RATE GIC OBJ E CTI VES
O c t o b e r 2 0 2 3 – M a r c h 2 0 2 4
B

MAINTAIN FINANCIAL STABILITY AND PROMOTE ECONOMIC ACTIVITY

WHEN WHO WHAT STATUS COMMENTS
DONE
ON

TARGET REVISED

1. At the February 26,
2024 City Council
meeting
Finance Director Recommend options for Pension Trust assets to fully offset CalPERS unfunded actuarial pension liabilities by 2030 to the City Council. X

2. At the January 22,
2024 City Council
meeting
Planning Director Recommend an agreement for the Housing Element Implementation public outreach plan to the City Council.

3. At the January 22,
2024 City Council
meeting
Planning Director Recommend the second phase of disposition of 5732 Lincoln Ave. to the City Council.

4. At the February 26,
2024 City Council
workshop
Planning Director Present the Cypress Business Park Specific Plan modernization plan to the City Council.

C I T Y O F C Y P R E S S

SI X-MON T H ST RATE GIC OBJ E CTI VES
O c t o b e r 2 0 2 3 – M a r c h 2 0 2 4
C
THREE-YEAR GOAL: ENHANCE AND MAINTAIN PUBLIC SAFETY

WHEN WHO WHAT STATUS COMMENTS
DONE
ON

TARGET REVISED

1. By March 15, 2024 Police Chief and HR,
working with the
Police Management
Association and
Police Officers’
Association
Update the Police department’s personnel evaluation
system.

2. At the November 13,
2023 City Council
meeting
Police Chief, Finance
Director and IT
Recommend the replacement of the Police Department’s
in-car camera system, including automated license plate reader technology to the City Council. X

3. By February 28,
2024
Police Chief Provide Emergency Operations Center training to city staff.

4. By December 31,
2023
Police Chief, Finance
Director and IT
Recommend specifications and a funding plan for Police
department body-worn cameras to the City Manager.

C I T Y O F C Y P R E S S

SI X-MON T H ST RATE GIC OBJ E CTI VES
O c t o b e r 2 0 2 3 – M a r c h 2 0 2 4
D
THREE-YEAR GOAL: ENHANCE RECREATION FACILITIES AND PROGRAMS

WHEN WHO WHAT STATUS COMMENTS
DONE
ON

TARGET REVISED

1. At the November 13,
2023 City Council
meeting
Public Works Director,
Recreation &
Community Services
Director, and Police
Chief
Recommend Oak Knoll Park security upgrades to the
City Council.

2. By December 15,
2023
Recreation &
Community Services
Director and Public
Works Director
Hold the Arnold Cypress Park reconstruction
groundbreaking ceremony.

3. At the January 22,
2024 City Council
workshop
Recreation &
Community Services
Director
Present options to increase capacity for high demand
summer programs to the City Council.

4. At the January 22,
2024 City Council
workshop
Recreation &
Community Services
Director and City
Attorney
Recommend updated park regulations to the City
Council.

C I T Y O F C Y P R E S S

SI X-MON T H ST RATE GIC OBJ E CTI VES
O c t o b e r 2 0 2 3 – M a r c h 2 0 2 4
E
THREE-YEAR GOAL: MAINTAIN HIGH QUALITY AND HIGH VALUE SERVICES FOR THE COMMUNITY

WHEN WHO WHAT STATUS COMMENTS
DONE
ON

TARGET REVISED

1. At the January 8,
2024 City Council
meeting
City Clerk and IT Recommend a contract for agenda management and video streaming services system to the City Council. X
Undergoing contract
negotiations with vendor.

3. At the January 8,
2024 City Council
workshop
City Manager and City
Clerk
Present a strategic communications work plan, including review of the City’s logos and branding to the City
Council. X

4. Ongoing City Manager and City
Attorney, working with
the City Council
Assess and respond to the California Voting Rights Act
lawsuit and potentially consider changes to the City’s
system for electing Council Members.

CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 7.

FROM: Alicia Velasco, Planning Director
DATE: 11/13/2023
SUBJECT: Approve a Revision to the Citrus Square Senior Community Affordable Housing Agreement

RECOMMENDATION
Approve a revision to the Affordable Housing Agreement with CypressMoodyM 2022, LLC.

DISCUSSION
Melia Homes, operating as CypressMoodyM 2022, LLC, is requesting a revision to the Citrus Square Affordable Housing Agreement to raise the down payment requirement from 10% to 15% for the moderate income restricted units.

On October 25, 2021, the City Council approved the 98-unit Citrus Square senior community at 9470 Moody Street. The project includes 50 affordable and 48 market-rate condominiums, all restricted to at least one household member age 62 years or older. Affordable units are further restricted to moderate income households as defined by the State. On May 8, 2023, the developer entered into an Affordable Housing Agreement with the City. The agreement ensures affordable units are restricted to moderate income households in perpetuity and includes requirements for the sale and re-sale of units.

Increasing interest rates have adversely affected the project's feasibility. The State limits monthly affordable housing costs to $3,690, including mortgage payment, interest, taxes, insurance, and utilities. Due to higher interest rates, sales price must decrease to produce a monthly cost of $3,690.
2020
Assumptions Current Recommended
Affordable Monthly
Housing Cost $3,690 $3,690 $3,690
Interest Rate 3.75% 8% 8%
Down Payment 10% 10% 15%
Affordable Sales Price $602,000 $380,000 $402,000
The Affordable Housing Agreement sets the sales price based on a 10% down payment.

Melia Homes is requesting an increase in the down payment requirement from 10% to 15%, which reduces the projected per unit revenue loss by $22,000. Even with a 15% down payment, sales prices have dropped $200,000 compared to the 2020 projection. Because of higher interest rates, despite the sales price decreasing by $200,000, the $3,690 monthly housing cost is unchanged. The $200,000 cost has shifted from Melia Homes as the developer to the lender that holds the mortgage.

This change has no direct nor material impact on City finances. For all practical purposes, it has little impact on buyers who are largely paying cash for the market-rate and affordable units. It is crucial for Melia Homes and should ensure it has the financial capacity to complete the project and deliver much-needed affordable housing to the community.

BUDGET IMPACT
None.

LEGAL REVIEW
The Affordable Housing Agreement was reviewed and approved by the City Attorney.

APPROVED BY: Peter Grant, City Manager
Attachments
Amended and Restated Affordable Housing Agreement
Letter from the Applicant
698/017943-0030
17669171.2 a10/30/23

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Cypress
5275 Orange Ave.

Cypress, CA 90630
Attention: City Clerk
(Space Above for Recorder’s Use)
Exempt from Recordation Fee per Gov. Code § 27383

AMENDED AND RESTATED AFFORDABLE HOUSING IMPLEMENTATION

AGREEMENT AND DECLARATION

OF COVENANTS, CONDITIONS, AND RESTRICTIONS,

INCLUDING RESALE RESTRICTIONS

THIS AMENDED AND RESTATED AFFORDABLE HOUSING IMPLEMENTATION

AGREEMENT AND DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS, INCLUDING RESALE RESTRICTIONS (the “Declaration”) is made by and between CYPRESSMOODYM 2022, LLC, a California limited liability company (the “Developer”), and the CITY OF CYPRESS, a California municipal corporation (the “City”) as of the ____ day of ____________, 2023.

R E C I T A L S
A. Developer owns fee title to that certain real property located in the City of Cypress, County of Orange, State of California, legally described in the legal description attached hereto as Exhibit “A” (the “Property”).

B. The project consists of 98 senior (at least one member age 62 or older) residential units of which 50 are designated as moderate-income affordable units for persons and “persons and families of moderate income” as defined in California Health and Safety Code section 50093.

Cypress City Council approved the project on October 25, 2021 per Resolutions Nos. 6683 and 6684 (the “CC Resolutions”). In accordance with the CC Resolutions, Condition of Approvals numbers 6.5, 6.6, 6.7, 6.8, and 6.9 for Conditional Use Permit (CUP) No. 2021-03 and Vesting Tentative Tract Map No. 19, require the restricting, in perpetuity, of the 50 residential units for ownership to persons and families of moderate income as defined by Section 1 herein.

C. The Conditions of Approval referenced in the Recital above and the CC Resolution require Developer to (i) develop and identify (a) in the covenants, conditions, and restrictions for the Project, and (b) on the condominium map for the Project in Lot 2, fifty (50) of the residential condominium units as units restricted as affordable housing (collectively, the “Affordable Units”), and (ii) record a covenant against the Affordable Units that (a) identifies the Affordable Units as condominiums restricted for sale to and occupancy by income-qualified households at an affordable sales price, (b) restricts the Affordable Units, in perpetuity, for sale to and occupancy by income-qualified households, and (c) requires notice of affordability to be included in the sales documents for the initial sale, and all subsequent sales, of the Affordable Units. 698/017943-0030
17669171.2 a10/30/23 -2-
D. The Affordable Units within the Project are located along the eastern Property boundary in two buildings in Lot 2 of Tract 19147, as depicted on the Final Map recorded on February 7, 2023, with the Orange County Clerk Recorder, as instrument number 2023000027002, which has been approved by the City and is attached hereto and incorporated herein as Exhibit “B” (the “Final Map”). Building A houses 24 affordable units and an approximately 2,000 square foot community center with adjacent covered patio. Building B contains 26 affordable units. The oneand two-bedroom affordable units range from 767 to 1,003 square feet. Floor plans for the market rate units within the Project range from approximately 1,326 to 2,031 square feet of habitable floor area.

E. On May 8, 2023 the Developer and the City of Cypress entered into an Affordable Housing Agreement for the Property. The May 8, 2023 Affordable Housing Agreement is defined as the “Original Declaration”.

F. Developer and City now enter into this Declaration to replace the Original Declaration to amend the downpayment amount required by Qualified Households. Developer’s execution and recordation of, and thereafter compliance with, this Declaration shall satisfy Developer’s obligations under the Mello Act (codified at Government Code section 65590 et seq.) and Condition of Approvals numbers 6.5, 6.6, 6.7, 6.8, and 6.9 for Conditional Use Permit (CUP) No. 2021-03 and Vesting Tentative Tract Map No. 19 approved by the City, by restricting, in perpetuity, the Affordable Units for sale to “Qualified Households” at an “Affordable Sales Price” (as those terms are defined in Section 1 herein).

G. This Declaration does not encumber or in any way limit the sale of any units in Lot 1 of Tract 19147 as depicted on the Final Map.

NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, and for other valuable consideration, the sufficiency of which is hereby acknowledged, City and Developer agree as follows:

1. Definitions. In addition to the terms defined elsewhere in this Declaration, the following meanings shall apply:
a. “Affordable Housing Agreement with Resale Restrictions” shall mean the Equity Sharing Agreement, which serves as the Affordable Housing Agreement with Resale Restrictions for purposes of Section 39 (or subsequent section number) of the CC&Rs and Conditions of Approval numbers 6.5, 6.6, 6.7, 6.8, and 6.9 for Conditional Use Permit (CUP) No. 2021-03 and Vesting Tentative Tract Map No. 19.
b. “Affordable Sales Price” shall mean, as to each Affordable Unit, a sales price that would result in an annual Monthly Housing Cost that does not exceed the maximum percentage of income that can be devoted to housing cost by Qualified Households under California law. As of the date of this Declaration, the Affordable Sales Price for a Qualified Household means a purchase price with a reasonable downpayment, and that would result in an annual Monthly Housing Cost that is not less than twenty-eight percent (28%) of the gross income of the household nor more than the product of thirty-five percent (35%) times one hundred ten percent (110%) of the Median Income adjusted for family size appropriate for the Affordable Unit, 698/017943-0030
17669171.2 a10/30/23 -3-
all as more particularly set forth in Section 50052.5 of the California Health and Safety Code.

Pursuant to Section 50052.5 of the California Health and Safety Code, for purposes of calculating the Affordable Sales Price only, “adjusted for family size appropriate for the Affordable Unit” shall mean a household of two (2) persons for a one (1) bedroom Affordable Unit, and three (3) persons for a two (2) bedroom Affordable Unit (to clarify, the indicated household size does not serve as a limitation on the number of residents in the household of a Proposed Buyer). For purposes of determining an Affordable Sales Price, a “reasonable” downpayment is a downpayment that equals ten percent (10%) fifteen percent (15%) of the sales price for the Affordable Unit. A calculation of Affordable Sales Price, based on the date of this Declaration, is set forth in Exhibit “D” attached hereto and incorporated herein. c. “Affordable Unit” shall have the meaning ascribed in Recital C of this Declaration.
d. “Association” shall have the meaning ascribed in Section 8 of this Declaration.
e. “Association CC&Rs” shall have the meaning ascribed in Section 8 of this Declaration.
f. “Association Property” means real or personal property designated by the Developer, as the “Declarant” under the Association CC&Rs, or the Board of Directors of the Association as Association Property and therefore made subject to the restrictions on Association Property established in the governing documents. The Association Property in a “Phase” consists of all the real property described as Association Property in the Condominium Plan for the Phase (except for the Units and the Condominium Common Area shown on the Condominium Plan(s)).

The Association Property is “common area” as defined in California Civil Code section 4095. g. “Condominium” means an estate in real property as defined in California Civil Code Section 4125. A Condominium consists of an undivided fee-simple ownership interest in the Condominium Common Area in a Phase, together with a separate ownership interest in fee in a “Unit” as described in the recorded Condominium Plans and as defined in California Civil Code Section 4125, and any easements appurtenant thereto. h. “Condominium Common Area” means the volumes of airspace described in the Condominium Plan for each Phase, which shall be owned by Owners in each Phase of the Project as tenants-in-common. The Condominium Common Area in each Phase of the Project constitutes the “undivided interest-in-common in a portion of the real property,” in accordance with California Civil Code Section 4125. Condominium Common Area is not Association Property. The undivided fee simple interest in the Condominium Common Area in a Phase is appurtenant to each Unit in such Phase and is a fraction having one (1) as its numerator and the number of Units in that Phase as its denominator.
i. “Condominium Plan” shall mean the Condominium Plan for a Phase to be recorded in accordance with all applicable regulations of the California Bureau of Real Estate.

The Condominium Plan for each Phase shall identify the Association Property, the Condominium Common Area and the Units in such Phase.
698/017943-0030
17669171.2 a10/30/23 -4-
j. “Developer” shall mean Developer and any successor in interest of Developer to the Property or any portion thereof, including the Association, but excluding any Owner(s).
k. “Equity Sharing Agreement” shall have the meaning set forth in Section 2 of this Declaration.
l. “Median Income” shall mean the Orange County area median income adjusted for family size as established by the United States Department of Housing and Urban Development, and as published periodically by the State of California Department of Housing and Community Development.
m. “Monthly Housing Cost” shall include all of the following associated with an Affordable Unit, estimated or known as of the date of the proposed sale of the Affordable Unit:
(a) principal and interest payments to be paid in the form of loan proceeds on a thirty (30) year fixed mortgage loan and any loan insurance fees associated therewith; (b) property taxes and assessments; (c) flood insurance, if required by the Owner’s primary mortgage lender; (d) fire and casualty insurance covering replacement value of property improvements, unless such insurance is procured by the homeowner association; (e) homeowner association fees; and (f) a reasonable utility allowance. The Monthly Housing Cost of a purchaser shall be an average of estimated costs for the next twelve (12) months.
n. “Owner” shall mean a Qualified Household to whom Developer has conveyed fee title to one of the Affordable Units.
o. “Phase” shall mean all of the real property and improvements described and designated as a Phase of the Project in the Association CC&Rs or in a recorded Supplemental Declaration or Notice of Addition to the Association CC&Rs, the Units of which are described in a Final Subdivision Public Report issued by the California Bureau of Real Estate. p. “Proposed Buyer” shall mean a person or family determined to be a Qualified Household to whom Developer desires and proposes to Transfer an Affordable Unit. q. “Qualified Household” shall mean a household whose annual income does not exceed the qualifying limits under California law for “persons and families of moderate income” as defined in California Health and Safety Code section 50093 and published periodically by the State of California Department of Housing and Community Development. r. “Sales Price” shall mean all sums paid by a Qualified Household to Developer for, or in conjunction with, the acquisition of an Affordable Unit, including the purchase price designated in any purchase agreement, consideration for personal property and all other costs and fees paid by the Qualified Household, to or for the benefit of the Developer. s. “Transfer” shall mean any sale, assignment, or transfer of an interest in an Affordable Unit, including, without limitation, a fee simple interest, tenancy in common, joint tenancy, community property, tenancy by the entireties, life estate, or other limited estate, leasehold interest or any rental of the Affordable Unit. 698/017943-0030
17669171.2 a10/30/23 -5-
t. “Unit” shall mean a separate interest in space as defined in Section 4125(b) of the California Civil Code. Each Unit is a separate freehold estate, as separately shown, numbered and designated in the Condominium Plan for each Phase. Each Unit includes the residential element as depicted on the Condominium Plan for each Phase. The Project is comprised of ninety-eight (98) Units.

2. Sale of Affordable Units.

Developer agrees that Developer shall sell the Affordable Units to Qualified Households at an Affordable Sales Price. Developer agrees to commence to market each Affordable Unit at the earliest feasible time, but not later than the completion of construction of said Affordable Unit.

Developer shall use its best efforts to market the Affordable Units to persons who live and/or work within the City of Cypress. Developer shall prioritize applications based on time submitted and whether an applicant lives and/or works in the City of Cypress. Any of Developer, Developer’s officials and employees, and the immediate family members of Developer’s officials and employees shall be ineligible to purchase an Affordable Unit (the “Developer Eligibility Prohibition”). Escrow for the sale of an Affordable Unit by Developer to a Qualified Household shall not close until after issuance of a certificate of occupancy to be issued by the City of Cypress building department for such Affordable Unit as well as issuance of a Final Subdivision Public Report by the California Bureau of Real Estate. As used herein, the term “immediate family member” shall mean and include a parent or step-parent, grandparent or step-grandparent, sibling or step-sibling, and child or step-child.

Whenever Developer Transfers any Affordable Unit to a Qualified Household, the Owner of that Affordable Unit shall execute and have notarized and recorded, for the benefit of the City, an equity sharing agreement substantially in the form of Exhibit “E” attached hereto and incorporated herein by this reference (“Equity Sharing Agreement”). In connection with any Transfer of an Affordable Unit to an Owner, Developer shall cause the Equity Sharing Agreement specific to the Affordable Unit to be recorded at the closing of escrow that transfers the Affordable Unit from Developer to the Owner. Thereafter, upon any subsequent Transfer of the Affordable Unit from a current Owner to a subsequent Owner, the current Owner shall cause the subsequent Owner to execute and have notarized and recorded the Equity Sharing Agreement (and applicable attachments thereto).

3. Restrictions on Transfer by Sale of Any Affordable Unit. a. General. Upon Developer’s sale of an Affordable Unit in accordance with the terms of this Declaration, Developer shall have no further obligations or liability under this Declaration with respect to such Affordable Unit, or any responsibility with respect to such Affordable Unit, except as expressly set forth in Section 4, subdivision (e), and Section 10 of this Declaration.
b. Determination of Sales Price.

DEVELOPER UNDERSTANDS THAT THE DETERMINATION OF THE SALES

PRICE CAN BE MADE ONLY AT THE TIME OF THE PROPOSED TRANSFER, TAKING

INTO CONSIDERATION INTEREST RATES, PROPERTY TAXES AND OTHER FACTORS 698/017943-0030
17669171.2 a10/30/23 -6-

THAT CANNOT BE ACCURATELY PREDICTED AND THAT THE SALES PRICE

PERMITTED HEREUNDER MAY BE LESS THAN THE FAIR MARKET VALUE OF THE

PROPERTY AND MAY NOT INCREASE OR DECREASE IN THE SAME MANNER AS

OTHER SIMILAR REAL PROPERTY WHICH IS NOT ENCUMBERED BY THIS RESTRICTION. DEVELOPER FURTHER ACKNOWLEDGES THAT IN SETTING THE

SALES PRICE, THE PRIMARY OBJECTIVE OF CITY AND THIS DECLARATION IS TO

PROVIDE HOUSING TO QUALIFIED HOUSEHOLDS AT AN AFFORDABLE SALES PRICE. THE SALES PRICE MAY BE LESS THAN OTHER SIMILAR PROPERTIES WHICH HAVE NO RESTRICTIONS.

Developer’s Initials
c. Transfer of an Affordable Unit.

Developer may transfer an Affordable Unit only in strict accordance with the provisions of this Declaration. Specifically, Developer may only transfer an Affordable Unit to a Qualified Household. Any such transfer may be made only if (i) the sales price for the Affordable Unit does not exceed an Affordable Sales Price for said buyer; and (ii) the Transfer has previously been approved in writing by City, which approval shall be evidenced by City’s execution of the “Request for Verification of Proposed Buyer” (as defined in Section 4a below) for said buyer.

In order to comply with this Subsection 3c, Developer must calculate the Affordable Sales Price for the Proposed Buyer of the Affordable Unit in accordance with the definitions set forth in Section 1 of this Declaration. Developer shall obtain final approval from City housing staff or City Consultant on any such calculation, as set forth further in Section 4 below, which approval shall be evidenced by City’s execution of the Request for Verification of Proposed Buyer for said buyer.

4. Process to Complete Transfer by Sale of Condominiums.

Not less than four (4) weeks prior to the Transfer by sale of an Affordable Unit, Developer shall do all of the following:
a. Notice to City: Developer shall send to City, at 5275 Orange Ave., Cypress CA 90630, or any other method requested by City, the form attached hereto and incorporated herein as Exhibit “C” (“Request for Verification of Proposed Buyer”) fully completed and executed by Developer and the Proposed Buyer, accompanied by all documents and materials received by Developer and necessary in order for Developer and City to make a determination that the Proposed Buyer is a Qualified Household and that the Sales Price is an Affordable Sales Price for the Proposed Buyer, as required pursuant to Sections 4b and 4c below (collectively, the “Supporting Eligibility Documentation”). As directed by the City, Developer may instead send such paperwork directly to a third-party retained by the City for verification purposes as contemplated in Section 4f, below.
b. Qualification of Proposed Buyer. No Transfer shall occur unless and until determination is made based on the Request for Verification of Proposed Buyer and Supporting Eligibility Documentation (collectively, the “Verification and Supporting Documentation”) that the Proposed Buyer is a Qualified Household who intends to occupy the Affordable Unit as his/her 698/017943-0030
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principal residence. Each Request for Verification of Proposed Buyer shall include a statement by the Proposed Buyer certifying its intent with regard to the occupancy of the Affordable Unit and as to the truth and accuracy of all of the Verification and Supporting Documentation, including, without limitation, all information supplied as to the Gross Income (calculated as set forth in 25 Cal. Code of Regs., Section 6914 or successor regulation thereto) of the Proposed Buyer.

Developer shall certify pursuant to the Request for Verification of Proposed Buyer the information provided in the Verification and Supporting Documentation. Developer shall be entitled to rely on all of the Verification and Supporting Documentation in making the determination required by this subsection 4b unless Developer has knowledge of, or a reasonable basis for belief as to, the inaccuracy or falsehood of any of the Verification and Supporting Documentation (“Developer’s Review Standard”).
c. Affordable Unit Sales Price. The Sales Price for the Affordable Unit shall not exceed an Affordable Sales Price for the proposed Buyer. In determining the Affordable Sales Price, the family size of the Proposed Buyer shall be deemed to be 2 persons for each one-bedroom Affordable Unit and 3 persons for each two-bedroom Affordable Unit, regardless of the number of intended occupants.
d. Certificates from Developer and Proposed Buyer; Disclosure. Each Request for Verification of Proposed Buyer shall include an “Owner’s Certificate” that, based on the information included in the Verification and Supporting Documentation but subject to Developer’s Review Standard, (i) Developer has made the affirmative determination required by and pursuant to Section 4b above that the Proposed Buyer is a Qualified Household, and (ii) the Sales Price is an Affordable Sales Price as required by Section 4c above. Within ten (10) business days after City’s receipt of the Verification and Supporting Documentation, City, or City’s agent, shall approve, disapprove, or conditionally approve the Proposed Buyer’s eligibility to purchase an Affordable Unit as a Qualified Household who intends to occupy the Affordable Unit as his/her principal residence, which approval shall not be unreasonably withheld, conditioned, or delayed.

City’s approval shall be made by City’s execution of the Request for Verification of Proposed Buyer for said buyer. Further, Developer and Proposed Buyer each shall certify in writing, on the Request for Verification of Proposed Buyer, that the Transfer shall be closed in accordance with, and only with, the terms of a purchase and sale contract, the general form of which has been submitted to and approved by City before execution of this Declaration, and the salient terms of which have been provided to City for review and approval (all of which review and approval by City was or is (as applicable) limited to a determination by City that the purchase and sale contract and salient terms thereof are in conformance with this Declaration) and that all consideration delivered by the Proposed Buyer to Developer has been fully disclosed to City. Notwithstanding anything to the contrary in this Section 4, Developer shall have the right, but shall not be obligated, to seek a preliminary determination from City regarding a Proposed Buyer and a proposed Sales Price (a “Preliminary Determination”) prior to compiling and submitting to City all of the Verification and Supporting Documentation.
e. Failure to Comply. In the event a Transfer from Developer to a Proposed Buyer is made in violation of the terms of this Declaration or false or misleading statements are made in any documents or certificate submitted to City for its approval of the Transfer, City shall be entitled to all available remedies in law or equity, including, without limitation, the right to file an action at law or in equity against Developer and/or the Proposed Buyer (as applicable) to seek 698/017943-0030
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to enforce the terms of this Declaration; provided, however, that City shall only have the right to file an action against Developer if City has determined or has a reasonable belief that Developer violated the terms of this Declaration. Further, in the event Developer fails to comply with Sections 4a, 4b, 4c, or 4d above, any costs, liabilities or obligations incurred by Developer and its Proposed Buyer for the return of any monies paid or received or for any costs and legal expenses, shall be borne jointly and severally by Developer and its Proposed Buyer and such parties shall hold City harmless and reimburse City’s expenses, legal fees and costs for any action City takes in enforcing the terms of this Section 4e; provided, however, that Developer shall not be required to reimburse City pursuant to the preceding sentence if a final determination is made by a court of competent jurisdiction that City’s action was frivolous and/or totally without merit. f. Qualification by City-Designated Consulting Firm. City shall retain a thirdparty consulting firm to assist in the review and qualification of Developer’s proposed buyers, including any Preliminary Determinations requested by Developer. With respect to the foregoing, within five (5) days after the date of this Declaration, and from time to time at City’s request to replenish depleted funds, Developer shall provide a deposit to the City to cover all costs charged to City by City’s third-party consultant to qualify said initial buyers. Within ten (10) days after the later of (i) the date Developer has sold all Affordable Units to Qualified Households, as verified by the City’s third-party consultant, and (ii) the date City has paid the City’s third-party consultant the final payment owed in connection with the last qualification of the Qualified Household purchasing an Affordable Unit, City shall return all unexpended Deposit Funds to Developer. g. City Affordable Housing Documents; Partial Termination. Developer shall require each Proposed Buyer to execute, with signatures acknowledged (as applicable) and documents recorded (as applicable) the Equity Sharing Agreement and all attachments thereto. On the thirtieth (30th) day following the close of any transfer of an Affordable Unit to a Qualified Household, provided (1) the Equity Sharing Agreement (and applicable attachments thereto) have been duly executed, with signatures acknowledged (as applicable), and ) recorded (as applicable) in the Official Records of Orange County, and (2) City has not notified Developer, in writing that City has determined the sale was not made in compliance with the terms of this Declaration, Developer shall be automatically released from this Declaration with respect to the sold Affordable Unit. If requested, in writing, by Developer, City agrees to execute and record a release of Developer from Developer’s obligations under this Declaration for released Affordable Unit(s), as the covenants, conditions, and restrictions, including the resale restrictions in this Declaration, shall run with the land and remain the obligation of the owner of the Affordable Unit with oversight by the Association in accordance with the Association CC&Rs. h. Delivery of Documents. Upon the close of the proposed Transfer, Developer shall provide City with a certified copy of the recorded documents, including a copy of the recorded Equity Sharing Agreement (including recorded attachments), and a copy of the final sales contract, settlement statement, escrow instructions, all certificates required by this Section 4, and any other documents which City may reasonably request.

5. Nondiscrimination Covenants
In addition to any other nondiscrimination provisions applicable to the Property under federal, state or local law, Developer covenants by and for itself and any successors in interest that 698/017943-0030
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there shall be no discrimination against or segregation of any person, or group of persons on any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, or any part thereof, nor shall Developer, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property, or any part thereof. The foregoing covenants shall run with the land.

Developer agrees for itself and any successor in interest that Developer shall refrain from restricting the rental, sale, or lease of any portion of the Property, or contracts relating to the Property, on the basis of race, color, creed, religion, sex, marital status, ancestry, or national origin of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:
a. In deeds: “The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed.

The foregoing covenants shall run with the land.”
b. In contracts: "There shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises which are the subject of this agreement, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land."

6. [reserved]

7. Amenities and Location.

The Affordable Units shall be similar to the base plan of the Project market rate units in terms of design, appearance, materials, finished quality and interior amenities. Exterior building elevations of the market rate units and Affordable Units shall each contain tile roofing, vinyl windows, recessed openings, lap siding, stucco siding, metal railings and rooftop solar panels. 698/017943-0030
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Interiors shall include similar brand appliances, Therma-tru exterior doors (or of comparable quality), Frank Brass bath hardware (or of comparable quality), Delta Fixtures bath plumbing (or of comparable quality), stainless steel Sonetto sinks (or of comparable quality), clear glass shower enclosures and white Thermofoil cabinets (or of comparable quality). The remaining residential dwelling units in the Project units consist of two-bedroom market rate units. Issuance of a certificate of occupancy by the City shall constitute final approval that an Affordable Unit complies with this Section 7.

8. Conveyance of Association Property to Association.

Prior to the first close of escrow of one of the Affordable Units, Developer shall (i) establish a homeowners association (the “Association”) for the purpose of maintaining the Association Property; (ii) prepare and record covenants, conditions, and restrictions setting forth the respective maintenance obligations of the Owners and the Association (the “Association CC&Rs”); and (iii) convey the Association Property to the Association on a Phase by Phase basis to enable the Association to perform the maintenance obligations hereunder, and as set forth in the Association CC&Rs. The Association CC&Rs shall expressly state that until such time as Developer conveys the Association Property to the Association, Developer shall be responsible for maintaining the Association Property. The Association CC&Rs shall expressly provide for the payment of an annual fee, in an amount determined by the City from time to time, to City for annual compliance with the provisions of this Declaration and the Equity Sharing Agreement, which amount, at the time of recordation of this Declaration, is $150 per Affordable Unit.

9. Property Taxes.

Developer shall not seek exemption from the payment of property taxes and assessments for any portion of the Property or take any other action that would result in any portion of the Property being exempt from the imposition of property taxes and assessments.

10. Indemnification.

Developer shall defend, indemnify and hold harmless City and City’s officers, officials, agents, employees, representatives, and consultants (collectively, the “Indemnified Parties”) from and against any actual loss, damage, costs, expenses, liability, claim, or judgment relating in any manner to Developer’s performance under this Declaration, except to the extent caused by the active negligence or willful misconduct of an Indemnified Party.

11. Insurance.

Developer shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the following policies of insurance:

Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis in an amount not less than a combined single limit of Three Million Dollars ($3,000,000) or its equivalent.

Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California. 698/017943-0030
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Builder’s Risk. Builder’s risk coverage written on a completed value basis in an amount equal to the full replacement cost of the improvements with coverage available on the “all risk” form of policy, and may be on a reporting form, including coverage against collapse, fire, and water damage, with such insurance to be in such amounts and form and written by such companies as shall be approved by City. City agrees to accept a builder’s risk insurance policy from the general contractor for the Project in conformance with the requirements set forth herein.

Automobile Liability Insurance. Automobile liability insurance (bodily injury and property damage liability) which coverage shall include owned, hired, and non-owned automobiles, with limits of liability of not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage combined.

All of the above policies of insurance shall be primary insurance and except for the Worker’s Compensation Insurance shall name the City and the Indemnified Parties as additional insureds. Said policies shall be satisfactory only if issued by companies qualified to do business in California and rated A:VII or better in the most recent edition of the Best Rating Guide. The insurer shall waive all rights of subrogation and contribution it may have against the Indemnified Parties and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or canceled without providing thirty (30) days prior written notice by registered mail to City. In the event any of said policies of insurance are canceled, Developer shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 11 to the City Manager of City. The foregoing obligations shall remain in effect until Developer has sold each Affordable Unit to a Qualified Household.

The Association shall maintain policies of commercial general liability and fire and casualty insurance in the limits set forth in California Civil Code sections 5800 and 5805 and as may be required by the California Bureau of Real Estate.

In no event shall the limits of any policy be considered as limiting the liability of Developer hereunder or limiting the indemnity obligation of Developer set forth in Section 10 of this Declaration.

12. Repair of Damage.

If any improvements on the Property shall be totally or partially destroyed or rendered wholly or partly uninhabitable by fire or other casualty, Developer (or the Association if Developer has transferred the damaged portion of the Property to the Association), shall promptly proceed to obtain insurance proceeds and take all steps necessary to begin reconstruction and, immediately upon receipt of insurance proceeds, to promptly and diligently commence the repair or replacement of the improvements to substantially the same condition as the improvements are required to be maintained under the terms of this Declaration, whether or not the insurance proceeds are sufficient to cover the actual cost of repair, replacement, or restoration, and Developer (or the Association if Developer has transferred the damaged portion of the Property to the Association), shall complete the same as soon as possible thereafter so that the Property or damaged portion thereof can continue to be developed and occupied as an affordable housing development in accordance with this Declaration. In no event shall the repair, replacement, or restoration period exceed six (6) months 698/017943-0030
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from the date or the destruction unless the City Manager of City, in his or her sole and absolute discretion, approves a longer period of time.

13. Defaults and Remedies.
a. Defaults. Failure or delay by any party to perform any term or provision of this Declaration which is not cured within thirty (30) days after receipt of notice from the other party specifying the default constitutes a default under this Declaration; provided, however, if such default is of the nature requiring more than thirty (30) days to cure, the defaulting party shall avoid default hereunder by commencing to cure within such thirty (30) day period, and thereafter diligently pursuing such cure to completion. Except as required to protect against further damages, the injured party may not institute proceedings against the party in default until thirty (30) days after giving such notice. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default.
b. Institution of Legal Actions. In addition to any other rights or remedies, any party may institute legal action to cure, correct, or remedy any default, to recover damages for any default, or to obtain any other legal or equitable remedy consistent with the purposes of this Declaration; provided, however, that notwithstanding anything in the foregoing to the contrary, in no event shall Developer be entitled to obtain monetary damages of any kind from City, including but not limited to damages for economic loss, lost profits, or any other economic or consequential damages of any kind. Such legal actions must be instituted and maintained in the Superior Court of the County of Orange, State of California, or in any other appropriate court in that county. c. Rights and Remedies are Cumulative. The rights and remedies of the parties are cumulative, and the exercise by any party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by any other party.

14. Covenants Do Not Impair Liens.

No violation or breach of covenants, conditions, restrictions, provisions, or limitations contained in this Declaration shall defeat or render invalid or in any way impair the lien or charge of any mortgage or deed of trust or security instrument, except for any such mortgage or deed of trust or security instrument recorded against an Affordable Unit that was Transferred in violation of this Declaration, such as a deed of trust recorded against an Affordable Unit for a person or household that is not a Qualified Household and/or for a loan in excess of the Affordable Sales Price.

15. Conflict with Other Laws; Severability.

In the event that any provision of this Declaration is found to be contrary to applicable law, then such provisions shall be deemed modified in a manner which is consistent with the goals and intent of this Declaration to provide housing to Qualified Households at an Affordable Sales Price.

Every provision of this Declaration is intended to be severable. In the event any term or provision of this Declaration is declared by a court of competent jurisdiction to be unlawful, invalid 698/017943-0030
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or unenforceable for any reason, such determination shall not affect the balance of the terms and provisions of this Declaration, which terms and provisions shall remain binding and enforceable.

16. Covenants for Benefit of City.

This Declaration is designed to create equitable servitudes and covenants running with the Property, in accordance with the provisions of Civil Code Section 1468. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth herein shall run with the Property and shall be binding upon all persons having any right, title or interest in the Property, or any part thereof, their heirs, successive owners and assigns; shall inure to the benefit of City and its successors and assigns, shall be binding upon Developer, its successors and assigns and successors in interest; and may be enforced by City and its successors and assigns. Developer hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that Developer’s interest in the Property is rendered less valuable thereby.

Developer hereby further declares its understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Property by Qualified Households, and by furthering the public purposes of City.

In amplification and not in restriction of the provisions set forth hereinabove, it is intended and agreed that City is deemed a beneficiary of the agreements and covenants provided herein both for and in its own right and also for the purposes of protecting the interests of the community. All covenants without regard to technical classification or designation shall be binding for the benefit of City and such covenants shall run in favor of City for the entire period during which such covenants shall be in force and effect, without regard to whether City is or remains an owner of any land or interest therein to which such covenants relate. However, all such covenants and restrictions shall be deemed to run in favor of all real property owned by City which real property shall be deemed the benefited property of such covenants. City shall have the right, in the event of any breach of any such agreement or covenant, to exercise all of the rights and remedies, and to maintain any action at law or suit in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant.

In further amplification and not in restriction of the provisions set forth hereinabove, the covenants, conditions, and restrictions, including resale restrictions, that touch and concern the Affordable Units shall run with the land in perpetuity. Upon the Transfer of any Affordable Unit by the Developer, the covenants, conditions, and restrictions, including resale restrictions shall run with the land and remain the obligation of the owner of the Affordable Unit with oversight by the Association in accordance with the Association CC&Rs, which shall comply in perpetuity with Conditions of Approval numbers 6.5, 6.6, 6.7, 6.8, and 6.9 for Conditional Use Permit (CUP) No. 2021-03 and Vesting Tentative Tract Map No. 19 approved by the City.

17. Partial Release of Property Excluding Affordable Units.

Upon written request from Developer and Developer’s delivery to City of a legal description of the Affordable Units, City shall release the encumbrance of this Declaration as to the Property excluding the Affordable Units (the “Partial Release”). The City shall promptly execute, acknowledge and deliver for recordation such instrument(s) as reasonably necessary to cause the Partial Release, which may include replacing Exhibit “A” with a legal description of the 698/017943-0030
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Affordable Units, which shall remain subject to this Declaration until released in accordance with the terms of Section 4g above.

18. Full Release of Developer; CC&Rs and Resale Restrictions Remain with Affordable Units. Unless City has notified Developer, in writing and pursuant to the terms of Section 4g above, that City has determined a sale of an Affordable Unit was not made in compliance with the terms of this Declaration, then on the thirtieth (30th) day following the close of escrow for the last Affordable Unit to a Qualified Household, then, if requested in writing by Developer, City agrees to execute and record a release of Developer from Developer’s obligations under this Declaration, as the covenants, conditions, and restrictions, including the resale restrictions in this Declaration, shall run with the land and remain the obligation of the owner of the Affordable Unit with oversight by the Association in accordance with the Association CC&Rs.

19. Notices, Demands and Communications
Written notices, demands and communications between Developer and City shall be sufficiently given if (i) delivered by hand, (ii) delivered by reputable same-day or overnight courier service that provides a receipt showing date and time delivery, or (iii) dispatched by registered or certified mail, postage prepaid, return receipt requested, as follows:

Developer: CypressMoodyM 2022, LLC
c/o Melia Homes, Inc.
8951 Research Drive, Suite 100
Irvine, CA 92618
Attn: BJ Delzer
City: City of Cypress
5275 Orange Ave.,
Cypress CA 90630
Attention: Planning Director
copy to: Aleshire & Wynder, LLP
1 Park Plaza
Suite 1000
Irvine, CA 92614
Attn: Fred Galante, Esq.

Such addresses for notice may be changed from time to time upon notice to the other party.

Any written notice, demand or communication shall be deemed received upon receipt if delivered by hand or by same-day or overnight courier, and shall be deemed received on the third (3rd) calendar day from the date it is postmarked if delivered by registered or certified mail. 698/017943-0030
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20. Assignment.
a. Assignment by City. City shall not assign all or any part of its interest in this Declaration to a third party without obtaining the prior written consent of Developer, which consent shall not be unreasonably withheld, conditioned, or delayed. b. Assignment by Developer. Developer shall not, whether voluntarily, involuntarily, or by operation of law, assign all or any part of its interest in this Declaration to a third party without obtaining the prior written consent of City, which consent shall not be unreasonably withheld, conditioned, or delayed. If City approves an assignment, the assignment shall not be effective unless and until the proposed assignee executes and delivers to City an agreement in form satisfactory to City’s legal counsel assuming the obligations of the assignor which have been assigned. Nothing in this Section 20b is intended to restrict Developer from transferring, in accordance with this Declaration, (i) an Affordable Unit to a Qualified Household, and (ii) the Association Property in the Project to the Association.

21. Attorneys’ Fees and Costs.

If a party to this Declaration commences an action against the other party to this Declaration arising out of or in connection with this Declaration, the prevailing party shall be entitled to recover reasonable attorneys’ fees, expert witness fees, costs of investigation, and costs of suit from the losing party to the extent determined by a court of competent jurisdiction in a final non-appealable decision.

22. Entire Agreement, Waivers, and Amendments.

This Declaration (and the exhibits and attachments hereto) contains the entire agreement between the parties relating to the subject matter hereof, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof.

All waivers of the provisions of this Declaration must be in writing and signed by the appropriate authorities of the party to be charged. A waiver of the breach of the covenants, conditions or obligations under this Declaration by any party shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions or obligations of this Declaration.

Any amendment or modification to this Declaration must be in writing and executed by the appropriate authorities of City and (i) Developer to the extent the modification affects the rights or obligations of Developer under this Declaration, (ii) the Association to the extent the modification affects the rights or obligations of the Association under this Declaration, and (iii) the Owner of any Affordable Unit whose rights or obligations under this Declaration is affected by the modification.

23. Interpretation; Governing Law.

This Declaration shall be construed according to its fair meaning and as if prepared by both of the parties hereto. This Declaration shall be construed in accordance with the internal laws of the State of California.
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24. City Approvals and Actions.

City shall maintain authority of this Declaration and the authority to implement this Declaration through the City Manager of City (or his or her duly authorized representative). The City Manager shall have the authority to make approvals, issue interpretations, execute documents, waive provisions, and/or enter into certain amendments of this Declaration on behalf of City so long as such actions do not materially or substantially change the basic business terms hereof, change the uses or development permitted on the Property, or add to the costs incurred or to be incurred by City. All other material and/or substantive interpretations, waivers, or amendments shall require the consideration, action and written consent of the City Council.

25. Amendments.

All amendments to this Declaration must be in writing, signed by Developer and City (or their successors-in-interest) and recorded in the Official Records of Orange County, California.

26. Third Party Beneficiaries.

The performance of City’s and Developer’s respective obligations under this Declaration is not intended to benefit any party other than City or Developer. To the extent legally permissible, no person or entity not a signatory to this Declaration shall have any rights or causes of action against any Party to this Declaration as a result of that party’s performance or non-performance under this Declaration, or for the enforcement of any provisions of this Declaration.

27. Counterparts
This Declaration may be executed in counterparts each of which, when both Developer and City have signed this Declaration, shall be deemed an original and shall constitute one and same instrument.
[end – signature page follows]
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IN WITNESS WHEREOF, City and Developer have caused this instrument to be executed on their behalf of their respective officers hereunto duly authorized as of the date set forth above.

Executed at ,
California
this day of ,
2022
“City”

CITY OF CYPRESS,
a California municipal corporation
By:

Peter Grant, City Manager
Attest:
_______________________________
Alisha Farnell, City Clerk

APPROVED AS TO FORM
Aleshire & Wynder, LLP
Fred Galante, City Attorney
Executed at ,
California
this day of ,
2022
“Developer”
CypressMoodyM 2022 LLC, a California limited
liability company
By: Melia Homes, Inc., a California
corporation, its Manager
By:

BJ Delzer, CEO
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A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Orange )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
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A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
698/017943-0030
17669171.2 a10/30/23 EXHIBIT “A”
EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY
All that certain property located in the City of Cypress, County of Orange, State of California, described as follows:

INSERT Legal description, in the Office of the Orange County Recorder. 698/017943-0030
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EXHIBIT “B”

SITE PLAN
[Attached]
698/017943-0030
17669171.2 a10/30/23 EXHIBIT “C”
EXHIBIT “C”

REQUEST FOR VERIFICATION OF PROPOSED BUYER
[Attached]
698/017943-0030
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REQUEST FOR VERIFICATION OF PROPOSED BUYER

THIS FORM MUST BE DELIVERED TO THE CITY BEFORE PROCEEDING WITH ANY TRANSFER OF AN AFFORDABLE UNIT.

Date: _________________
City of Cypress
5275 Orange Ave.,
Cypress CA 90630
Attn: Project Manager
Re: Request for Verification of Proposed Buyer
To Whom It May Concern:

CypressMoodyM 2022, LLC, a California limited liability company (“Developer”) desires to transfer the Affordable Unit located at _________________________________ (the “Property”) and by this letter is requesting the City to verify that the proposed buyer is a “Qualified Household” (as that term is defined in the Affordable Housing Implementation Agreement and Declaration of Covenants, Conditions, and Restrictions, Including Resale Restrictions).

1. The Proposed Buyer is:

Name: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ Current
Address:
____________________________________________________________ ____________________________________________________________ ____________________________________________________________ Telephone
Number:
____________________________________________________________

2. The terms of the proposed transfer are
(a) Sales price of $___________. This sales price is based on the lesser of _____(i) Fair market value; or
_____(ii) The maximum price which results in an Affordable Sales Price. 698/017943-0030
17669171.2 a10/30/23 -2-
IN ORDER TO ANSWER QUESTION 2(b) YOU MUST CALCULATE THE

PROPOSED SALES PRICE BASED ON THE HOUSING COST LIMITATIONS SET FORTH IN CALIFORNIA HEALTH & SAFETY CODE SECTION 50052.5, TAKING INTO

CONSIDERATION ALL ITEMS LISTED IN THE DEFINITION OF MONTHLY HOUSING COST.
(b) Price of any personal property being sold to the proposed buyer:
$______________. (If none, so state.)
(c) The price of $____________ to be paid by the proposed buyer for any services of the proposed seller. (If none, so state).
(d) All other amounts of money or other consideration, if any, concerning the Property or any other matter to be paid by the proposed buyer to the proposed seller: $__________. (If none, so state.)
(e) Sources of payment of sales price:

Sales price $___________
Cash down payment $___________
1st loan $___________
2nd loan $___________
Other (describe) $___________
Total $___________
(f) The financing obtained by the proposed buyer to purchase the Property is as follows:
1st Loan:

Loan amount $___________
Monthly payments: $___________
Interest rate ___________
If variable interest, describe adjustment mechanism:
________________________________________________________________ Due date: ____________
Balloon payment amount: ____________
698/017943-0030
17669171.2 a10/30/23 -3-
Points and fees: ____________
Lender: _____________________________________________________________________ Lender’s address: _____________________________________________________________ 2nd Loan:

Loan amount: $___________
Monthly payments: $___________
Interest rate ___________
If variable interest, describe adjustment mechanism:
________________________________________________________________ Due date: ____________
Balloon payment amount: ____________
Points and fees: ____________
Lender: _____________________________________________________________________ Lender’s address: _____________________________________________________________ Other Loans: (describe, if none, so state)
____________________________________________________________________________ (g) The Monthly Housing Cost to be paid by the proposed transferee:
1st loan monthly payment: $________________
2nd loan monthly payment: $________________
Other loans monthly payment: $________________
Taxes and assessments (1/12 of yearly taxes and assessments): $________________ Insurance (1/12 of yearly premium): $________________
Utility allowance: $________________
Homeowner’s dues: $________________
Total: $________________
698/017943-0030
17669171.2 a10/30/23 -4-

3. The proposed buyer represents, warrants and covenants the following:
(a) The Property will be the principal residence of the proposed transferee, and will not be rented or leased.
(b) The combined maximum annual income for all household members of the proposed buyer is $___________. (This figure must include all sources of income.) (c) The proposed buyer will deliver to the City a signed financial statement on a form acceptable to the City.

4. The proposed buyer’s household consists of the following persons who will reside in the Property:

Adults (18 or over) - [name of each]:
____________________________
____________________________
____________________________
Minors (under 18) [name of each]:
____________________________
____________________________
____________________________

5. The proposed transferee must submit to Developer, on a form available from Developer, an income certification so Developer may determine if the proposed buyer is a Qualified Household.

6. In the event a transfer is made in violation of the terms of the Affordable Housing Implementation Agreement and Declaration of Covenants, Conditions, and Restrictions, Including Resale Restriction (“Declaration”), or false or misleading statements are made in any documents or certificate submitted to City for its approval of the transfer, City shall have the right to file an action at law or in equity against the proposed buyer to seek to enforce the terms of the Declaration and/or force a sale of the Property and transfer of the Property to a Qualified Household.

A true and correct copy of the purchase and sale or other agreement between Developer and the proposed buyer is attached hereto. The transfer, if completed, shall be closed in accordance with the terms of the attached agreement. The attached agreement discloses all consideration to be delivered by the proposed buyer to Developer.
698/017943-0030
17669171.2 a10/30/23 -5-
I declare under penalty of perjury under the laws of the State of California that, as to the actual knowledge of Developer, after diligent review of all documents and other materials submitted to Developer, but subject to “Developer’s Review Standard” (as defined in the Declaration) the foregoing is true and correct.

CypressMoodyM 2022, LLC, a California
limited liability company:
________________________________
Date
________________________________
signature
________________________________
signature
________________________________
print name
________________________________
print name
________________________________________________________________________ street address telephone
________________________________________________________________________ city state zip code
I declare under penalty of perjury under the laws of the State of California that the foregoing, and all documents and materials submitted to City and Developer in order to make a determination that I am a Qualified Household, are true and correct, and that I intend to occupy the Affordable Unit as my principal place of residence.

PROPOSED BUYER:
________________________________
Date
________________________________
signature
________________________________
signature
________________________________
print name
________________________________
print name
________________________________________________________________________ street address telephone
________________________________________________________________________ city state zip code
698/017943-0030
17669171.2 a10/30/23 -6-
Certification
Based on the Proposed Buyer’s Certificate above, and all documents attached hereto, Developer hereby certifies that, to the actual knowledge of Developer, after diligent review of all documents and other materials submitted to Developer by the Proposed Buyer, but subject to “Developer’s Review Standard” (as defined in the Declaration):
(1) Proposed Buyer is a Qualified Household; and
(2) The purchase price to be paid by the Proposed Buyer is an Affordable Sales Price. [Capitalized terms used above are defined in the Declaration to which this certificate is attached.] CypressMoodyM 2022, LLC, LLC, a
California limited liability company
By: _______________________________
Its: _______________________________
Date: _____________________________
The foregoing Proposed Buyer is approved by City.

By: __________________________________
Its: __________________________________
Date:_________________________________
698/017943-0030
17669171.2 a10/30/23 EXHIBIT “D”
EXHIBIT “D”

CALCULATION OF AFFORDABLE SALES PRICE
[Attached]
698/017943-0030
17669171.2 a10/30/23 EXHIBIT “D”
EXHIBIT “E”

EQUITY SHARING AGREEMENT
[Affordable Housing Agreement with Resale Restrictions] [Attached]

CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 8.

FROM: Alicia Velasco, Planning Director
DATE: 11/13/2023
SUBJECT: Second Reading of an Ordinance Amending the Municipal Code to Implement the Housing Element and Comply with State Housing Laws

RECOMMENDATION
Approve the second reading and adopt an Ordinance, by title only and waive further reading, amending selected provisions of Appendix I (Zoning) of the Cypress Municipal Code related to multi-family housing development and design standards, multi-family permitting procedures, and accessory dwelling units in support of Housing Element implementation.

DISCUSSION
On October 23, the City Council conducted a public hearing and first reading of an Ordinance amending selected provisions of Appendix I (Zoning) of the Cypress Municipal Code related to multi-family housing development and design standards, multi-family permitting procedures, and accessory dwelling units in support of Housing Element implementation.

It is recommended the City Council approve the second reading and adopt the attached Ordinance. Once approved, the Ordinance will become effective in 30 days.

The attached Notice of Exemption will be filed with the County Clerk in accordance with the California Environmental Quality Act (CEQA) Guidelines.

BUDGET IMPACT
None.

LEGAL REVIEW
The ordinance was approved as to form by the City Attorney.

APPROVED BY: Peter Grant, City Manager
Attachments
Ordinance
Notice of Exemption
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,

CALIFORNIA, AMENDING SELECTED PROVISIONS OF APPENDIX I (ZONING)

OF THE CYPRESS MUNICIPAL CODE RELATED TO MULTI-FAMILY HOUSING

DEVELOPMENT AND DESIGN STANDARDS, MULTI-FAMILY PERMITTING

PROCEDURES, AND ACCESSORY DWELLING UNITS IN SUPPORT OF
HOUSING ELEMENT IMPLEMENTATION; AND FINDING THE ACTION
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

WHEREAS, the City’s 2021-2029 Housing Element was certified by the California Department of Housing and Community Development on September 9, 2022; and WHEREAS, the 2021-2029 Housing Element commits the City to implementing programs and policies to remove constraints to housing development in the City, including Zoning Ordinance amendments to modify standards and procedures related to housing development; and
WHEREAS, the City Council desires to update the City’s regulations to be consistent with State law; and
WHEREAS, the City Council finds that the Ordinance is consistent with the goals, policies, and objectives of the General Plan. Housing Element Goal HOU-5 is to “mitigate any potential governmental constraints to housing production and affordability”. The Ordinance furthers this goal by ensuring that the City’s zoning regulations are consistent with State laws intended to facilitate and incentivize the development of multi-family housing, including affordable housing; and
WHEREAS, on October 23, 2023, the City Council held a duly noticed public hearing and considered testimony on the Ordinance.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the above Recitals are true and correct and are incorporated herein as findings of the City Council.

SECTION 2. Section 2.04.030(A) of Appendix I (Zoning) of the Cypress Municipal Code is hereby revised as follows (additions in bold underline; deletions in bold strikethrough):

A. Allowed land uses. Tables 2-2, 2-6, 2-11, 2-15, and 2-18 provide for land uses that are:

1. Permitted subject to compliance with all applicable provisions of this zoning ordinance and any building permit or other permit required by the Municipal Code. These are shown as “P” uses in the tables; or

2. Allowed subject to the approval of an administrative site plan review (subsection

4.19.110), and shown as “A” uses in the tables; or

3. Allowed subject to the approval of a conditional use permit (subsection 4.19.070), and shown as “C” uses in the tables.

SECTION 3. Section 2.05.030 of Appendix I (Zoning) of the Cypress Municipal Code is hereby revised as follows (additions in bold underline; deletions in bold strikethrough):

2.05.030. Residential zoning district land uses and permit requirements.

A. Allowed land uses.

1. Table 2-2 indicates the uses allowed within each residential zoning district. Table 2-2 indicates the uses allowed within the RS-15000, RS-6000, RS-5000, RM-15, RM-20, and MHP-20A zoning districts, and the land use permit required to establish each use, in compliance with article 4 (Land Use and Development Permit Procedures).

2. Residential uses are the primary allowed use. Residential uses represent the primary allowed use, and only those additional uses that are complementary to, and can exist in harmony with, the residential character of each zoning district may be allowed as accessory, conditionally permitted, and/or temporary uses, as indicated in table 2-2.

B. Prohibited land uses. Any table cell with a “—” means that the listed land use is prohibited in that specific zoning district.

C. Land uses not listed. For land uses not listed in table 2-2, the provisions of subsection

4.19.030 (Director’s review) shall apply.

D. Design review required. All construction activities (e.g., additions, alterations, construction, reconstruction, or remodeling) shall require design review approval in compliance with subsection 4.19.060 (Design review).

E.D. Applicable subsections. Where the last column in the tables (“See Section”) includes a subsection number, the regulations in the referenced section apply to the use; however, provisions in other sections of this zoning ordinance may also apply.

SECTION 4. The key and Residential section of Table 2-2 (Allowable Uses and Permit Requirements for Residential Zoning Districts) in Section 2.05.030 of Appendix I (Zoning) of the Cypress Municipal Code is hereby revised as follows with the remainder of the Table remaining unchanged (additions in bold underline; deletions in bold strikethrough):

TABLE 2-2

ALLOWABLE USES AND PERMIT REQUIREMENTS

FOR RESIDENTIAL ZONING DISTRICTS
Key to Table
P Permitted Use
A Administrative Site Plan Review required (See subsection 4.19.110) C Conditional use—Conditional Use Permit required (See subsection 4.19.070) “—” Use not allowed
S Site Review by Design Review Committee
TUP Temporary Use Permit
Land Use Permit Requirement by District
RS15000RS6000RS5000RM15RM20MHP20 See Section
Residential
Accessory Dwelling Units P P P P P — 3.17.200
Accessory Structures under 15
feet in height P P P P P P 3.17.020
Accessory Structures over 15
feet in height C C — C — — 3.17.020
Condominiums, not more than
3 units P P P P P — 3.17.070; 3.17.310
Condominiums, over 3 units A A A A A — 3.17.070; 3.17.310 Condominiums, Townhouses,
or Condominium Conversions C C C C C — 3.17.070
Dormitories — — — C C —
Duplexes P P P P P —
Duplexes in single-family
zones are subject to 3.17.260
Employee Housing P P P P P — 3.17.270
Home Occupations P P P P P P 3.17.100
Manufactured Housing P P P P P P 3.17.140
Marijuana Cultivation (Indoor) P P P P P P Chapter 15I
Marijuana Cultivation (Outdoor) — — — — — — Chapter 15I Commercial Marijuana Activity — — — — — — Chapter 15J
Maritime Storage/Shipping
Containers — — — — — —
Mobile Home Parks — — — — — P
Model Home/Subdivision Sales
Offices TUP TUP TUP TUP TUP TUP 3.17.220
Multi-Family Dwelling Units, not
more than 3 units — — — P P — 3.17.310
Multi-Family Dwelling Units, over
3 units — — — CA CA — 3.17.310
Private Yard/Garage Sales P P P P P P 3.17.090
Second Primary Units P P P — — — 3.17.260
Second-Story Balcony, within the
front yard P P P P P — 3.11.050
Second-Story Balcony, within the
side or rear yard S S S S S — 3.11.050
Single-Family Dwelling Units P P P P P —
Single-family dwelling units in
RS-5000 subject to Section

2.05.040B
Supportive Housing P P P P P — 3.17.280
Temporary Uses/Activities TUP TUP TUP TUP TUP TUP 3.17.220 Transitional Housing P P P P P — 3.17.290
SECTION 5. Section 2.05.040(A) of Appendix I (Zoning) of the Cypress Municipal Code is hereby revised as follows (additions in bold underline; deletions in bold strikethrough):

A. Compliance with table 2-23. New land uses and structures and alterations to existing land uses and structures shall be designed, constructed, and/or established in compliance with the requirements in table 2-23, in addition to the development standards in article 3 (Performance and Standards). Multi-family dwelling units and condominiums shall also be subject to section 3.17.310 (Objective standards for multi-family dwellings). The land uses and structures on property identified in section 2.05.070 (Optional Design Tracts) shall be subject to the optional design and improvement standards outlined in Ordinance No. 365.

SECTION 6. The standards for the RM-15 and RM-20 zoning districts in Table 2-3 (Residential Zoning Districts Development Standards (Continued)) in Section 2.05.040 of Appendix I (Zoning) of the Cypress Municipal Code is hereby revised as follows with the remainder of the Table remaining unchanged (additions in bold underline; deletions in bold strikethrough):

TABLE 2-3
RESIDENTIAL ZONING DISTRICTS DEVELOPMENT STANDARDS (Continued) Zoning Districts
Development Standards RM-15 RM-20 MHP-20A
Minimum Parcel Size 10,000 square feet 10,000 square feet 20 acres Minimum Parcel Width 100 feet 100 feet 250 feet
Minimum Parcel Depth 100 feet 100 feet (2) Maximum Allowable Density 15 d.u./gross acre (1) 20 d.u./gross acre (1) Setbacks Required
Front 20 feet
(2)
Side (interior, each) Single-Story—5 feet
Two-Story—10 feet
Street side 10 feet
Rear 10 feet
Vehicular Access The entrance to a garage or carport shall be no closer than 20 feet to any public right-of-way.

Maximum Parcel Coverage
by Structures 40% 45%
Maximum Structure Height 35 feet
Minimum Dwelling Unit Size 450 square feet for Bachelor Studio Unit N/A 600 square feet for 1-Bedroom Unit
750 square feet for 2-Bedroom Unit
900 square feet for 3-Bedroom Unit
Minimum Distance Between
Structures on the same
parcel, where neither
structure exceeds 15 feet in
height
6 feet
(2) Minimum Distance Between
Structures on the same
parcel, where one or more
structures exceeds 15 feet in
height
10 feet
Minimum Open Space
Required 400 square feet/dwelling unit
Driveway Widths (See Section 25.13) See section 3.14.050 With up to and including 2
units Minimum of 12 feet
With 3 or more units Minimum of 24 feet
Minimum Landscaped Open
Area 35% (2)
Minimum Interior Garage
Dimension
Single-family units and multi-family units with
private garages shall comply with the N/A
minimum interior dimension requirements of
the single-family zoning districts.20 feet by
20 feet, clear with no obstructions, for multifamily units When the required parking for multi-family
units is provided in a shared garage, parking
space dimensions shall comply with section
14 (Off-Street Parking and Loading) 20 feet by
20 feet, clear with no obstructions, for
detached single-family units
30 feet by 20 feet, clear with no obstructions,
for detached single-family units with 3-
vehicle garages
Fences/Walls/Hedges See subsection 3.11.060 (Fences, walls, and hedges)
Motor Vehicle Parking See section 14 (Off-Street Parking and Loading) and Subsection

2.05.050
Satellite Antennae See section 16 (Wireless Communications) Signs See section 15 (Signs)
Notes:
(1) The allowable density may be increased by a maximum of twenty (20) percent for multi-family development projects that consolidate substandard parcels with substandard widths to create a minimum net aggregate parcel area of thirty thousand (30,000) square feet.
(2) The development of mobile home parks shall be in compliance with the requirements of subsection E. (Special requirements for mobile home parks within the MHP-20A zoning district), below.

SECTION 7. Section 2.05.040(B) of Appendix I (Zoning) of the Cypress Municipal Code is hereby revised as follows (additions in bold underline; deletions in bold strikethrough):

B. Development standards.

1. All parcels shown on an approved and recorded subdivision map, or for which a deed was recorded before the incorporation of the city, may be used as a building site without compliance with the minimum standards for parcel depth, size, and width identified in table 2-3, above; provided, the parcel has a minimum area of at least 4,000 square feet and a minimum building site width of 30 feet.

2. In addition to the general standards of this Section, the following special standards shall also apply to all of the residential zoning districts:
a. Any single-story residential structure located in either the RM-15 or RM-20 zoning district shall maintain a minimum setback of fifteen (15) feet from any single-family zoning district (e.g., RS-15000, RS-6000, or RS-5000).
b. Any two-story residential structure located in either the RM-15 or RM-20 zoning district shall maintain a minimum setback of twenty (20) feet from any single-family zoning district (e.g., RS-15000, RS-6000, or RS-5000).
c. Additions to the original allowed structure shall not exceed the maximum height of the original structure in any residential zoning district, excluding chimneys and, unless approved by the staff review committee.
d. Additions, repairs, or replacements to any structure in a residential zoning district shall be constructed to match the existing architecture and materials of the main structure. e. All residential development plans or applications that allow the construction of a single parcel, multi-family residential development shall be subject to the dedication and/or fee provisions and requirements of article VI, “Park and Recreational Facilities” of chapter 25 of the Municipal Code.
f. Where a multi-family dwelling unit, including incidental or required accessory uses, abuts property in a single-family zoning district, a A masonry wall shall be erected and maintained along all interior rear and side property lines of a multifamily residential development, except within the front yard setback. The wall shall be a minimum of six (6) feet in height as measured in compliance with section

3.11.070 (Fences, Hedges, and Walls), shall be erected and maintained between the multi-family uses and the single-family zoning district. g. Development in the RS-5000 zoning district shall be subject to the additional regulations identified in subsection D. (Special requirements for small-lot, single-family developments within the RS-5000 zoning district), below. h. All areas located in front yards shall contain living plant material, except for allowable driveways and walkways.
i. Paved drive approaches shall be provided to all garages located in residential zones.

SECTION 8. Section 2.05.050, including Table 2-4 (Residential Zoning District Parking Requirements), of Appendix I (Zoning) of the Cypress Municipal Code is hereby revised as follows (additions in bold underline; deletions in bold strikethrough):

2.05.050. Residential off-street parking requirements.

Each land use shall provide at least the minimum number of off-street parking spaces required by this section, except where a greater number of spaces are required through land use entitlement approval or where an exception has been granted through approval of a discretionary permit.

A. Parking requirements by land use. Each land use shall be provided the number of parking spaces required by this section and table 2-4, below.

B. Compliance with section 14 required. All sites shall provide adequate off-street parking for the subject use in compliance with section 14 (Off-Street Parking and Loading).

C. Expansion of structure, change in use. When a structure is enlarged or increased in capacity or intensity, or when a change in use requires more off-street parking, additional parking spaces shall be provided in compliance with this section. Also see section 25 (Nonconforming Uses, Structures, and Parcels).

D. Multi-tenant sites. A site with multiple tenants shall provide the aggregate number of parking spaces required for each separate use.

DE. Parking required by entitlements and/or development agreements. Parking requirements established by conditional use permits, development agreements, or similar entitlements supersede the provisions of this Section.

EF. Uses not listed. Land uses not specifically listed in table 2-4, below, shall provide parking as required by the director. The director shall use the requirements of table 2-4 as a guide in determining the minimum number of parking spaces to be provided.

FG. Rounding of quantities. If the calculation of required parking spaces results in a fractional number, a fraction of one-half or higher shall be rounded up to the next whole number.

TABLE 2-4

RESIDENTIAL ZONING DISTRICT

PARKING REQUIREMENTS
Residential Uses Vehicle Spaces Required
Residential Land Uses
Accessory Dwelling Units See Section 3.17.200(F)(5)
Condominiums, including townhouses, patio
homes, and detached condominiums containing
two or fewer bedrooms
Bachelor unit: 1 garage (1) space for each
dwelling unit
One-bedroom unit: 1 garage space, plus 1/2
open space for each dwelling unit
Two-bedroom unit: 2 garage spaces for each
dwelling unit
Three-bedroom unit: 2 garage spaces, plus 1/2
open space for each dwelling unit
Guest parking (2) 1/2 unassigned open spaces for each dwelling unit on site with 2 or more dwelling units
Detached condominiums containing three or
more bedrooms as defined in article 6
2-car garage, plus 2 open spaces for each
dwelling unit
Dormitories 1 space for each guest room
Group homes (e.g., boarding or rooming houses) 1 space for each guest room or dwelling unit Mobile home parks 1 covered space in conjunction with each mobile home
Guest parking (2)
1 space for each 6 mobile homes or sites to be
provided in the mobile park separate from the
mobile home spaces
Multi-family dwelling units, including apartments,
duplexes, attached and detached
condominiums, patio homes, and townhouses
(2 or more dwelling units on one site, excluding
condominiums and townhouses)
Studio Bachelor unit: 1 garage space for each
dwelling unit
One-bedroom unit: 1 garage space, plus 1/2 open
space for each dwelling unit
Two- or three-bedroom unit: 2 garage spaces for
each dwelling unit
Four+- bedroom unit: Three-bedroom unit: 2
garage spaces, plus 1/2 open space for each
dwelling unit
Guest parking (2) 1/4 unassigned open spaces for each dwelling unit on site with 4 or more dwelling units
Planned residential development guest parking 2 garage spaces for each dwelling unit, plus 1 on site
Residential Uses Vehicle Spaces Required
Guest parking 1 open space for each dwelling
unit
Residential dwelling units located within a
Density Incentive Overlay zoning district (DI)
Bachelor unit: 1 garage space for each dwelling
unit
One-bedroom unit: 1 garage space, plus 1/2
open space for each dwelling unit
Two-bedroom unit: 2 garage spaces for each
dwelling unit
Three-bedroom unit: 2 garage spaces, plus 1/2
open space for each dwelling unit
Guest parking 1/2 unassigned open spaces for each dwelling unit on site with 2 or more dwelling units
Single-family dwelling units, detached and attached
Units with up to and including 3 bedrooms 2-vehicle garage for each dwelling unit (1) Units with over 4 bedrooms 3-vehicle garage for each dwelling unit.

Single-family dwelling units, small-lot development,
detached and attached
2-vehicle garage plus 2 open spaces for each
dwelling unit. The open spaces may be located on
the driveway leading to the garage
Guest parking 1 unassigned open space for each dwelling unit Nonresidential Uses Vehicle Spaces Required
Nonresidential Land Uses
Assisted living facilities 1 space for every 2 beds
Community care, large or small (includes
residential care facilities)
1/2 space for each bed Based on demonstrated
need, but shall not require more parking than
required for similar residential uses within the
same zone
Community/recreation centers
1 space for every 3 persons served, based on the
maximum anticipated capacity of all facilities
capable of simultaneous use, as determined by the
director
Convalescent/rest homes 1 space for every 3 beds
Convent, monastery, nursery, parsonage, and
places of worship
1 space for every 3 fixed seats in the main
assembly room; or where no fixed seats are
provided, 1 space for every 20 square feet in the
main assembly room
Day care centers (3)
1 space for each employee on the largest shift, plus
1 space for every 10 children for which the facility is licensed
Day care homes, large 1 space for each 3 children, plus permanent dropoff area as approved by the director Hospitals 2 spaces for each bed
Kennels
1 space for each 400 square feet of gross floor
area, plus one space for each 600 square feet of
boarding area
Libraries 1 space for each 300 square feet of gross floor area
Museums 1 space for each 300 square feet of gross floor area
Residential care homes, large or small 1/2 space for each bed Schools, elementary and junior high 2 spaces for each classroom Schools, high 7 spaces for each classroom
Notes:
(1) Each garage shall have and maintain a clear unobstructed inside dimension of at least twenty (20) feet by twenty (20) feet.
(2) Guest parking spaces shall be clearly marked for guest parking only and shall be dispersed evenly throughout the development site. Signs shall be provided at appropriate locations to direct visitors to guest parking locations.
(3) Day care facilities shall pay for a parking study to be conducted by the city or its designee. A parking plan will then be considered for each facility based on this study.

SECTION 9. Section 2.05.060 of Appendix I (Zoning) of the Cypress Municipal Code is hereby revised as follows (additions in bold underline; deletions in bold strikethrough):

All uses shall be subject to the applicable regulations of this zoning ordinance, including provisions located in the following sections and subsections:

Adjustments Subsection 4.19.050
Administrative Site Plan
Review Subsection 4.19.110
Conditional Use Permits Subsection 4.19.070
Design Review Subsection 4.19.060
Home Occupations Subsection 3.17.100
Landscaping Section 13
Nonconforming Uses,
Structures, and Parcels Section 25
Off-Street Parking and
Loading Section 14
Signs Section 15
Temporary Use Permits Subsection 4.19.040
Variances Subsection 4.19.080
SECTION 10. Section 3.11.120 of Appendix I (Zoning) of the Cypress Municipal Code is hereby revised as follows (additions in bold underline; deletions in bold strikethrough):

3.11.120. Solid waste, organic waste, and /recyclable materials storage.

This subsection provides standards for the provision of solid waste (refuse), organic waste, and recyclable material storage areas in compliance with state law (California Solid Waste Refuse and Recycling Access Act, Public Resources Code Sections 42900 et seq.). a. Applicability.

1. New developments. A new multi-family residential, commercial, industrial, or other nonresidential development project requiring a building permit shall provide adequate, accessible, and convenient areas for collecting and loading solid waste and recyclable materials.

2. Existing developments. Existing multi-family residential, commercial, industrial, or other nonresidential development projects shall include adequate, accessible, and convenient areas for collecting and loading solid waste materials.

3. Existing developments undergoing alterations. An existing multi-family residential, commercial, industrial, or other nonresidential development project that is undergoing alterations shall provide adequate, accessible, and convenient areas for collecting and loading recyclable materials when:
a. One or more building permit applications have been submitted for one or more alterations; and
b. The proposed alterations will collectively result in the addition of thirty (30) percent or more of floor area for the development project.

4. Co-mingled solid waste and recyclable materials receptacles. A new or existing multifamily residential, commercial, industrial, or other nonresidential development project located in a recycling area that allows for the collection of co-mingled solid waste and recyclable materials shall provide adequate, accessible, and convenient areas for collecting and loading co-mingled solid waste and recyclable materials. b. Multi-family projects. Multi-family residential projects with five (5) three (3) or more dwelling units, shall provide refuse, organic waste, and recyclable material storage areas in compliance with the requirements of paragraph A. (Applicability), above, and in compliance with the following:

1. Individual unit storage requirements. Developments which provide private garages for each unit may utilize individual refuse, organic waste, and recyclable containers for each unit. Each private garage shall have a dedicated storage space adequate in size to house the refuse, organic waste, and recyclable containers. A dedicated temporary storage space shall be provided outside in a location accessible for collection but shall not block circulation drives or conflict with parking. A minimum of three (3) cubic feet shall be provided for the storage of refuse and a minimum of three (3) cubic feet shall be provided for the storage of recyclable material; and

2. Common storage requirements. The following are minimum requirements for common refuse and recyclable material storage areas for multi-family developments, which may be located indoors or outdoors as long as they are readily accessible to all residents. These requirements apply to each individual structure. Areas are measured in square feet. Common receptacles for refuse, organic waste, and recyclables shall be housed in a trash enclosure which complies with the requirements of paragraph D (Design and construction standards) and paragraph E (Location standards). Alternatively, an interior storage area may be provided within a dedicated room in the building. Sizing of the enclosure or interior storage area shall conform to the requirements of the City’s solid waste provider.

TABLE 3-5

MULTI-FAMILY DEVELOPMENT MINIMUM COMMON STORAGE AREAS REQUIRED (SQUARE FEET)
Number of Dwellings Refuse Recycling Total Area
5—6 12 12 24
7—15 24 24 48
16—25 48 48 96
26—50 96 96 192
51—75 144 144 288
76—100 192 192 384
101—125 240 240 480
126—150 288 288 576
151—175 316 316 672
176—200 384 384 768
201+ Every additional 25 dwellings shall require an additional 100 sq. ft. for solid waste and 100 sq. ft. for recyclables.
c. Nonresidential structures and uses. Nonresidential structures and uses within all zoning districts shall provide refuse, organic waste, and recyclable material storage within a designated trash enclosure areas in compliance with the requirements of paragraph A (Applicability), above. The following are minimum storage area requirements. These requirements apply to each individual structure. Areas are measured in square feet.

Sizing of the enclosure shall conform to the requirements of the Public Works Department in consultation with the City’s solid waste provider. The enclosure shall conform to the requirements of paragraph D (Design and construction standards) and paragraph E (Location standards), below.

TABLE 3-6

NONRESIDENTIAL STRUCTURES MINIMUM STORAGE AREAS REQUIRED (SQUARE FEET)
Structure Floor Area (Square
Feet)
Refuse Recycling Total Area
0-5,000 12 12 24
5,001-10,000 24 24 48
10,001-25,000 48 48 96
25,001-50,000 96 96 192
50,001-75,000 144 144 288
75,001-100,000 192 192 384
100,001+ Every additional 25,000 sq. ft. shall require an additional 48 sq. ft. for solid waste and 48 sq. ft. for recyclables.
d. Design and construction standards. The design and construction of the an interior storage area or trash enclosure(s) shall comply with the following requirements:

1. Interior storage areas and trash enclosures shall cComply with applicable federal, state, or local laws relating to fire, building, access, transportation, circulation, or safety, or any other federal, state, or local law or regulation.

2. Interior storage areas and trash enclosures shall cComply with the dimension, and capacity, and number requirements in this Subsection and shall be adequate in distribution to serve the development project as determined by the Public Works Department in consultation with the City’s solid waste provider.

3. Interior storage areas and trash enclosures shall iInclude an adequate number of bins and containers located within the storage areas to allow for the collection and loading of solid waste and recyclable materials generated by the development project, as determined by the Public Works Department in consultation with the City’s solid waste provider. A sign shall be permanently posted or painted on each solid waste and recyclable material container clearly identifying the container type and the name and telephone number of the company responsible for maintaining the containers.

4. Trash enclosures shall be constructed of the same primary wall material and color as the most adjacent building within the development or decorative masonry block.

Vines or hedges may be provided on up to three (3) sides of the enclosure to deter graffiti and blend the structure into the landscape. Be appropriately located and screened from public view on at least three sides. Screening shall consist of solid masonry walls, metal gates, and landscaping. Overhead trellises may be required to screen views from above. The design shall be architecturally compatible with the surrounding structures and subject to the approval of the director.

5. Trash enclosures shall include a solid covered roof that prohibits stormwater to enter and then discharge from the enclosure. Be compatible with the surrounding structures and land uses.
a. Trash enclosures shall be paved with impermeable material. No other area may drain onto the trash enclosure area and the trash enclosure area shall not drain into the storm drain system. Be compatible with the surrounding structures and land uses.
b. Interior storage areas and trash enclosures shall cComply with national pollutant discharge elimination system (NPDES) and regional water quality control board (RWQCB).

6. Interior storage areas and trash enclosures shall bBe properly secured to prevent access by unauthorized persons, while allowing authorized persons access for disposal of materials.

7. Trash enclosures shall be paved with impermeable material. No other area may drain onto the trash enclosure area and the trash enclosure area shall not drain into the storm drain system. Provide a concrete pad within the fenced or walled area(s) and a concrete apron, which facilitates the handling of the individual bins or containers; and

8. Interior storage areas and trash enclosures shall include a vehicular access gate or door with a concrete apron and a separate pedestrian entrance. Access shall conform to solid waste provider requirements. Gates shall be solid and constructed of durable metal or composite materials. Chain link and wood fencing are prohibited. Gates shall be continuously maintained in working order. Protect the areas and the individual bins or containers provided within from adverse environmental conditions that might render the collected materials unmarketable.

9. Trash enclosures shall be separated from adjacent parking stalls with a minimum five (5) foot wide planter area.
e. Location standards. Trash enclosures and interior Refuse and recyclable materials storage areas shall be located in the following manner:

1. Trash enclosures and interior sStorage areas shall not be located in an area where construction, operation, or maintenance of the storage area would be prohibited by federal, state, or local laws.

2. Locations where recyclable materials are deposited, collected, and loaded shall be as convenient as the locations where solid waste materials are deposited, collected, and loaded. Wherever feasible, recycling areas shall be located adjacent to or combined with solid waste collection areas.

3. Storage areas may only be located:
a. Inside a specially-designated structure;
b. On the outside of a structure in an approved fence/wall enclosure; or c. In a designated interior court or yard area with appropriate access or in rear yards and interior side yards.

3. 4. Exterior storage area trash enclosure(s) shall not be located in a required:
a. Front yard;
b. Street side yard;
c. Parking space; or
d. Landscaped or open space area.

4. 5. Trash enclosures and interior sStorage area(s) shall be accessible to residents and employees at all times. Storage areas within multi-family residential developments shall be located within two hundred fifty (250) feet of an access doorway to the dwellings, which they are intended to serve.;

5. 6. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector.;

6. 7. Trash enclosures and interior sStorage areas shall not be closer than twenty (20) feet from:
a. Doors or operable windows of adjacent structures; and b. Any abutting property located in a residential zoning district.

SECTION 11. Section 3.14.050(B) of Appendix I (Zoning) of the Cypress Municipal Code are hereby revised as follows (additions in bold underline; deletions in bold strikethrough):

B. Parking facility layout and dimensions. Parking facilities shall be designed to conform to the following minimum standards:

1. Parking space dimensions.
a. The minimum size of a standard parking space shall be nine (9) feet wide and eighteen (18) feet long (9’ × 18’), with a maximum overhang of two (2) feet over landscaped areas, if the landscaped areas are at least six (6) feet wide and deep, and with no overhang over sidewalks and walkways.
b. The minimum size of a standard parallel parking stall shall be eight (8) feet wide and twenty-four (24) feet long (8’ × 24’).
c. The minimum size of a standard accessible parking space shall be as specified in subsection 3.14.040 (Disabled/handicapped parking requirements). d. The minimum size of a compact parking space shall be eight (8) feet wide and sixteen (16) feet long (8’ x 16’).
ed. In residential zoning districts, parking spaces in required garages shall have the dimensions specified in table 2-3, (Residential Zoning District Development Standards—Minimum interior garage dimensions).

2. Compact parking. Compact parking spaces shall not be allowed. a. Multi-family residential uses. The total number of compact parking spaces provided shall not exceed twenty (20) percent of the total number of required spaces.
b. All other uses. Compact parking spaces shall not be allowed.

3. Tandem parking. Tandem parking may be permitted to satisfy the off-street parking requirement for multi-family residential units in accordance with the following:
a. No more than two vehicles shall be placed one behind the other. b. Both spaces shall be assigned to a single dwelling unit. c. The tandem parking bay shall be a minimum size of ten (10) feet wide by forty (40) feet long (10’ x 40’).
d. Tandem parking shall be located within an enclosed structure. e. The number of tandem parking spaces shall not exceed 20 percent of the total number of spaces.
f. Tandem parking shall not be used to satisfy the parking requirement for guest parking.

43. Parking lot dimensions. Parking aisles, driveways, and other parking lot facilities shall have the minimum dimensions indicated in Figure 3-9 (Parking Lot Dimensions).

54. Height and width of aisles. Aisles located in commercial and industrial zoning districts shall have a minimum clearance of fifteen (15) feet and a minimum width of twenty-four (24) feet.

65. Nonrequired off-street parking facilities. Where off-street parking facilities are provided but not required by this section, the facilities shall still comply with the dimension standards contained in this paragraph B and with all other parking lot development standards.

SECTION 12. Section 3.14.070 of Appendix I (Zoning) of the Cypress Municipal Code are hereby revised as follows (additions in bold underline; deletions in bold strikethrough):

3.14.070. Shared parking.

Shared parking facilities may be allowed provided they meet the requirements of this section and they meet the minimum standards for each use or structure for which they provide parking, unless a parking reduction is approved subject to the requirements of subsection

3.14.070.C. and they meet the requirements of this section.

A. Religious institutions. A religious institution (unless located in a residential zoning district) that does not have sufficient off-street parking spaces on site may obtain a reciprocal easement or enter into an agreement with an adjacent landowner to share parking. A shared parking plan, which includes an alternate plan for the religious institution should the shared parking agreement be canceled, shall be approved by the department. If the shared parking agreement is canceled, the religious institution shall provide a minimum of ninety (90) days’ notice to the department, at which time the alternate plan shall be implemented. An alternate plan may include a provision for shuttle service.

B. Commercial and industrial developments.

1. The uses sharing the parking facilities shall be located on contiguous parcels.

2. A legal agreement shall be signed by parties sharing parking facilities. The agreement shall be approved by the city attorney and director, shall be recorded with the Orange County Recorder’s Office, and shall continue to be valid upon change of ownership of a property subject to the agreement or a lawfully existing structure on the properties.

3. Shared parking arrangements shall be authorized by a discretionary permit issued for the use for which the parking is provided.

C. Mixed-use developments. A reduction in the total number of parking spaces required may be granted for developments containing multiple uses, including multi-family residential uses, subject to the requirements of this subsection.

1. Shared parking demand study. A shared parking demand study shall be submitted in conjunction with any request for a reduction in parking, subject to the following requirements:
a. The shared parking demand study shall be prepared utilizing methodology established by the Urban Land Institute or Institute of Transportation Engineers, unless an alternate methodology is approved in writing by the director. b. The shared parking demand study shall analyze the characteristics of the proposed uses to determine whether varied peak parking requirements justify a reduction in parking.

2. Parking reduction review procedure. The council shall review the request for parking reduction in conjunction with the other discretionary action(s) for the mixed-use development.

3. Findings. In approving a parking reduction for a mixed-use development, the approving authority shall find:
a. The shared parking demand study presents clear and convincing evidence that the parking demand will be less than the cumulative requirement for all uses within the development.
b. The probable long-term occupancy of the building or structure, based on its design, will not generate additional parking demand.

4. In approving a parking reduction, the council or director may impose conditions of approval, including:
a. A requirement for a written agreement between the property owner and the city, in a form satisfactory to the city attorney, that guarantees that there will be no substantial alteration in the uses that will create a higher demand for parking.

SECTION 13. Section 3.17.070(A) of Appendix I (Zoning) of the Cypress Municipal Code are hereby revised as follows (additions in bold underline; deletions in bold strikethrough):

A. Application requirements.

1. Preapplication conference. Prior to a formal application for a condominium conversion or construction of a condominium development, the applicant shall meet with the community development director to review and discuss the feasibility of the proposed project.

2. Application requirements.
a. An conditional use permit application for the applicable land use entitlement as identified in subsection 2.05.030 (Residential zoning district land uses and permit requirements) for a condominium conversion or construction of a condominium development shall be filed with the department. The application shall contain the information identified on the department handout for the construction or conversion of condominiums and shall be accompanied by a filing fee as set by the city’s fee resolution.
b. A subdivision tract map for condominium development shall be prepared and submitted to the city in accordance with the subdivision ordinance of the City of Cypress.

3. Special conditions.
a. Copies of the required codes, covenants, and restrictions (CC&Rs), articles of incorporation, bylaws, or other documents of the homeowner’s association or other entity which controls the common facilities shall be submitted to the city for approval and shall set forth the occupancy and management policies for the project, as well as contain adequate and satisfactory provisions for maintenance, repair, and general upkeep.
b. The city may vary from any or all of these conditions in addition to any others in order to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, and welfare.

4. Findings required. In compliance with subsection 4.19.070E. (Required findings) the community development department shall make the following findings before granting a conditional use permit for the construction or conversion of condominium(s):
a. The proposed location of the condominium is in accord with the objectives of this subsection and the purpose of the zone in which the site is located. b. The proposed location of the condominium and the conditions under which it would be maintained will not be detrimental to the public health, safety, or general welfare, or materially injurious to properties or improvements in the vicinity. c. The proposed condominium will comply with each of the applicable provisions of this zoning ordinance, except for approved variances.

SECTION 14. Section 3.17.180 of Appendix I (Zoning) of the Cypress Municipal Code is hereby revised as follows (additions in bold underline; deletions in bold strikethrough):

3.17.180. Recreational vehicles.

This subsection provides standards for the parking and/or outside storage of recreational vehicles.

A. Single-family dwellings and duplexes. Storage of recreational vehicles on properties developed with a single-family dwelling or duplex are subject to the following requirements.

1. Setbacks. A recreational vehicle bearing a current license plate and owned by and titled to an occupant of a residential dwelling may be parked and/or stored in the rear open space of a residence not less than ten (10) feet from the rear lot line when abutting a residential dwelling and not less than five (5) feet from a side lot line which abuts a residential dwelling and not less than twenty-five (25) feet or the equivalent of the side setback of the main structure, whichever is least, when abutting an adjacent side street.

2. B. Loading and unloading time periods. A recreational vehicle may be parked on a driveway for purposes of loading and/or unloading for a total of not more than six (6) days (one hundred forty-four (144) hours) during any one calendar month; provided, however, that each loading and/or unloading period shall not exceed three (3) consecutive days (seventy-two (72) hours).

3. C. Living or working in recreational vehicles prohibited. Recreational vehicles shall not be used for living or working purposes within the city.

4. D. Sewer, electrical, and water utility hook-ups prohibited. Recreational vehicles shall not be connected to a sewer, electrical, or water system of any kind.

B. Multi-family dwellings. Storage of recreational vehicles on properties developed with a multi-family dwelling is prohibited.

SECTION 15. Subsections C through F of Section 3.17.200 of Appendix I (Zoning) of the Cypress Municipal Code are hereby revised as follows (additions in bold underline; deletions in bold strikethrough):

C. Application and review procedures.

1. Review. Applications for ADUs or JADUs shall be considered ministerially through the plan check process. The director or their designee shall consider and approve or disapprove a complete application for an ADU or JADU within 60 days from the date the City receives a complete application. Review is limited to whether the proposed ADU or JADU complies with the requirements of this subsection.
a. If the application to create an ADU or JADU is submitted concurrently with an application to create a new single-family, two-family, or multi-family dwelling on the lot, the director may delay acting upon the application for the ADU or JADU until the City acts on the application to create the new single-family, two-family, or multifamily dwelling. b. If the director disapproves an application for an ADU or JADU, within the 60-day review period, the director shall return in writing to the applicant a complete list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
c. If an application proposes to demolish a detached garage and replace it with an ADU, the demolition permit shall be reviewed concurrently with the ADU application.

2. Nonconformities. The director shall not disapprove an application for an ADU or JADU due to Tthe correction presence of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU or JADU. shall not be required for the creation of an ADU or JADU.

D. Locations permitted.

1. ADUs conforming to the provisions of this subsection may be located on any lot in the City that is zoned to allow single-family or multi-family residential uses and that includes a proposed or existing legally developed single-family, or an existing legally developed two-family or multi-family dwelling.

2. JADUs conforming to the provisions of this subsection may be located within a proposed or existing legally developed single-family dwelling on any lot in the City that is zoned to allow single-family residential uses.

3. ADUs and JADUs shall not be permitted on any parcel that has obtained a permit for a two-unit development and urban lot split pursuant to Government Code Sections 65852.21 and 66411.7.

E. Number of ADUs and JADUs permitted.

1. Single-family lots. No more than one (1) ADU and one (1) JADU is permitted on a lot developed or proposed to be developed with a single-family dwelling.

2. Multi-family lots. A multi-family lot developed with a two-family or multi-family dwelling shall be permitted either:
a. No more than two (2) detached ADUs if the lot is developed or is proposed to be developed with a two-family or multi-family dwelling; or b. Up to twenty-five (25) percent of the number of existing multi-family dwelling units within existing multi-family or two-family dwelling structures. The ADUs must be converted from portions of the existing multi-family dwelling structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. For the purposes of calculating the number of allowable ADUs, the following shall apply:
i. Fractions shall be rounded down to the next lower whole number of dwelling units, except that at least one (1) ADU shall be allowed.
ii. Previously approved ADUs shall not count towards the existing number of multifamily dwelling units.

F. Development standards. Except as modified by this subsection, ADUs and/or JADUs shall conform to the development standards applicable to the lot on which it is located as set forth in the Cypress Zoning Ordinance and/or in an applicable specific plan.

1. Lot area. There shall be no minimum lot area required in order to establish an ADU or JADU.

2. Unit size.
a. ADUs.
i. No ADU shall exceed 1,200 square feet in size.
ii. An attached ADU that is created on a lot with an existing or proposed single-family dwelling is further limited to fifty (50) percent of the floor area of the existing or proposed primary dwelling.
iii. An ADU constructed solely through the conversion of an existing building or structure or in the same location and same dimensions as an existing structure shall be limited in size to the existing square footage of the building or structure converted or replaced, except that an expansion of not more than 150 square feet is permitted to accommodate ingress and egress to the ADU only. iv. The application of requirements related to lot coverage, floor area ratio, or open space, and front setbacks may further limit the size of an ADU; however, in no case shall the application of such requirements limit the size of an ADU to less than 800 square feet.
b. JADUs. No JADU shall exceed 500 square feet in size. c. Minimum size. The minimum size of an ADU or JADU shall be at least that of an efficiency unit, as defined in Health and Safety Code Section 17958.1.

3. Setbacks.
a. Minimum setbacks of no less than four (4) feet from the side and rear property lines are required for newly constructed ADUs.
b. The minimum setback from the front property line shall be the same setback requirement that applies to the primary dwelling.
c. For conversion of an existing building or structure or replacement in the same location and same dimensions as an existing structure, no additional setback is required beyond the existing setback, provided it is sufficient for fire and safety.

4. Height.
a. Newly constructed Detached ADUs shall not exceed one (1) story and a height of sixteen (16) feet., unless one of the following exceptions applies:
i. If located within one half (1/2) mile of a transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, the detached ADU may be eighteen (18) feet in height and up to twenty (20) feet if necessary to match the roof pitch of the ADU to that of the primary dwelling.
ii. Detached ADUs located on a lot with an existing or proposed multi-story twofamily or multi-family dwelling shall not exceed eighteen (18) feet in height. b. ADUs and JADUs converted from an existing building or structure shall not exceed the height of the existing structure. Attached ADUs shall not exceed two (2) stories and a height of twenty-five (25) feet.

5. Parking.
a. ADUs. A minimum of one (1) parking space shall be provided for each ADU unless they are not required pursuant to paragraph (5.b) below. The required parking space may be permitted in setback areas or through tandem parking on a driveway. b. Exceptions. Off-street parking for the ADU is not required in the following instances:
i. The ADU is a studio;
ii. The ADU is located within one-half (1/2) mile walking distance of public transit, as that term is defined in Government Code Section 65852.2; or iii. When parking for the ADU is not required pursuant to Government Code Section 65852.2 (d).
c. JADUs. No parking shall be required for JADUs.
d. No Replacement. When a garage, carport, or covered parking structure is converted or demolished in conjunction with the construction of an ADU or JADU, those off-street parking spaces are not required to be replaced.

6. Kitchens.
a. ADUs. ADUs shall have a kitchen, as required by the Building Code, which shall include a kitchen sink, cooking device, refrigeration, food preparation counter, and storage cabinets.
b. JADUs. JADUs shall include an efficiency kitchen, including a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

7. Design. Exterior finished materials on the ADU or JADU shall match the exterior finished materials for the primary dwelling unit.

8. Fire sprinklers. Fire sprinklers are required in an ADU only if sprinklers are required in the primary residence.

9. Exterior access. An attached or converted ADU or JADU on a single-family lot must have independent exterior access that is separate from the access to the proposed or existing primary dwelling.

10. Passageway. No passageway shall be required in conjunction with the construction of an ADU and/or JADU. For the purposes of this chapter, "passageway" shall mean a pathway that is unobstructed, clear to the sky, and extends from the right-of-way to one (1) entrance of the ADU and/or JADU.

11. Utilities.
a. ADUs. An ADU may be served by the same water, sewer, and other utility connections serving the primary dwelling on the property, and the installation of a new or separate utility connection directly between an ADU and a utility is not required. However, separate utility connections and meters for ADUs may be installed at the property owner’s option, when permitted by the utility provider, and subject to the payment of all applicable fees.
b. JADUs. A JADU shall be served by the same water, sewer, and other utility connections serving the primary dwelling in which it is located, and no separate utility meters shall be permitted for a JADU.

SECTION 16. Section 3.17.310 (Objective Design Standards for Multi-Family Dwellings) is hereby added to Appendix I (Zoning) of the Cypress Municipal Code and shall read as follows:

3.17.310. Objective standards for multi-family dwellings.

A. Purpose and intent. This subsection contains objective standards for multi-family residential development. These standards are intended to ensure that new multi-family residential development projects provide high quality architecture, integrate with surrounding development and uses, and include well-designed site features and amenities. These standards are intended to guide property owners, applicants, design professionals, department staff, and decision makers with clear, objective standards that enhance the City’s character and ensure a high-quality living environment.

B. Applicability.

1. The standards in this subsection shall apply to:
a. All new multi-family residential developments in any zone where multi-family residential development is permitted;
b. Conversion of existing nonresidential space into three or more residential dwellings; c. Additions to existing multi-family dwellings that increase the number of units in the development or are located above the ground floor, except accessory dwelling units; and
d. Remodels of existing multi-family residential dwellings where alterations remove more than fifty (50) percent of the exterior walls or remove more than fifty (50) percent of the roof framing.

2. The standards in this subsection do not apply to detached single-family dwellings, duplexes, accessory dwelling units, or subdivisions of multiple detached single-family dwellings.

3. The objective standards in this subsection shall supersede any other standards to the contrary that may be provided in the Zoning Ordinance as they pertain to multi-family residential developments.

C. Deviations. An applicant may request a deviation from one or more standards pursuant to the requirements of Section 4.19.050 (Adjustments). The director may approve an adjustment upon finding that the project incorporates an alternative method to achieve the intent of the requirement. A project requesting an adjustment is not eligible for streamlined ministerial approval under Government Code Section 65913.4.

D. Site planning and design standards.

1. Building orientation.
a. Building entries shall face the primary public street. For larger sites with multiple buildings, building entries of buildings not adjacent to the primary public street shall be oriented to face internal open spaces, paseos, or recreation amenities. b. For townhouse buildings adjacent to the street, street-facing entrances shall be provided for each individual unit.
c. If the project is adjacent to a single-family residential zone, windows and balconies shall be oriented so as not to have a direct line-of-sight into adjacent units or on private patios or backyards adjoining the property line. This can be accomplished through:
stepbacks of upper stories; window placement; use of clerestory windows; use of glass block or opaque glass; or mature landscaping within the rear or side setback areas.

2. Pedestrian access.
a. Pedestrian pathways shall connect all buildings on a site to each other, on-site vehicular and bicycle parking areas, and any on-site open space areas or pedestrian amenities.
b. An on-site pedestrian pathway shall connect the primary building entry or entries to a public sidewalk along each adjacent street.
c. Pedestrian pathways shall be a minimum four (4) foot wide and paved with concrete. d. Pedestrian pathways within internal parking areas shall be separated from vehicular circulation by a physical barrier, such as a grade separation or a raised planting strip, of at least six (6) inches in height and at least six (6) feet in width. A pedestrian pathway is exempt from this standard where it crosses a vehicular drive aisle.

3. Parking facilities.
a. Vehicular access. Off-street parking shall have vehicular circulation using an internal vehicular network that precludes the use of a public street for aisle-to-aisle internal circulation.
b. The number of off-street parking spaces provided shall comply with Section 2.05.050 (Residential off-street parking requirements).
c. Parking lots and carports.
i. Parking lot design shall comply with the requirements of Section 14 (Off-Street Parking and Loading) in addition to the requirements of this subsection. ii. Parking lots and carports shall not be located between the primary building frontage and the street.
iii. Parking lots and carports shall be screened from public street frontages. Screening may be accomplished through building placement, landscaping, fences or walls with a minimum height of three (3) feet, or some combination thereof. When located in a street-facing setback, screening may not exceed a height of three (3) feet.
iv. For projects located across the street from a single-family residential zone, parking lot areas and carports shall not be located along the single-family zone street frontage.
d. Parking garage access.
i. Any vehicular entry gate to a parking garage shall be located to allow a minimum of twenty (20) feet between the gate and the back of the sidewalk to minimize conflicts between sidewalks and vehicle queuing.
ii. A parking garage shall not occupy more than fifty (50) percent of the building width of any street facing façade, and it shall be recessed a minimum of five (5) feet from the street-facing façade of the building.
iii. A pedestrian gate or door shall be provided for all parking garages.

4. Exterior lighting.
a. Lighting shall be provided for all entryways, pathways, open spaces, and parking lots. b. All light fixtures shall utilize high-efficiency bulbs with a warm, white light quality. c. The style of lighting fixtures shall be the same or similar to the building’s design and architectural style.
d. Pedestrian-oriented lighting shall be provided along all pedestrian pathways at a spacing of no more than thirty (30) linear feet. Pedestrian-oriented light fixtures shall be a minimum of three (3) feet and a maximum of twelve (12) feet in height. e. Lighting within parking lots shall not be less than two (2) footcandles nor more than five (5) footcandles at the base of the light fixture.
f. Lighting shall be provided at trash enclosures to ensure night-time security and use. g. The maximum height of a free-standing light pole and fixture is fifteen (15) feet, measured from the finished base to the top of the pole or light fixture. h. All parking area and exterior structure light fixtures shall be high cut-off type that divert lighting downward onto the property and shall not cast light on any adjacent property or roadway or cause glare that affects motorists. Illumination levels at the property lines shall not exceed 0.5 foot candles.
i. A lighting plan and photometric plan illustrating compliance with this subsection shall be submitted for review and approval prior to issuance of a building permit.

5. Utilities and equipment.
a. Mechanical equipment shall be sited in accordance with the requirements of Section

3.11.100 (Screening and Buffering).
b. Required screening for mechanical equipment shall be at least the same height as the equipment being screened. Screening shall consist of permanent landscape planting, fencing, a wall, or some combination thereof. Screening that is not plant material shall be constructed with one or more materials used on the primary building. c. Trash enclosures shall be provided in accordance with the requirements of Section

3.11.120 (Solid waste, organic waste, and recyclable materials storage).

6. Fences and walls.
a. Fences, walls, and gates are prohibited within required setbacks along all street frontages unless used to screen on-site parking spaces as required by subsection

3.17.310.D.3.
b. Walls shall be constructed with decorative masonry materials, such as but not limited to split-face block, stucco on masonry, or material of similar appearance, maintenance, and structural durability.
c. Fences may be constructed of wood or vinyl. Chain link fencing is prohibited. d. All fence and wall designs shall integrate materials and details utilized in the design of the primary buildings (i.e., pilasters, stonework, wrought iron, and/or colors). e. Solid vehicular and pedestrian entry gates are prohibited. Entry gates shall be a minimum of fifty (50) percent open view.

7. Landscaping and open space.
a. Projects shall meet the minimum landscape area and open space requirements of the zoning district in which they are located, pursuant to Table 2-3 (Residential Zoning Districts Development Standards).
b. When feasible, buildings and parking areas shall be arranged to provide functional common open spaces (such as courtyards, paseos, or parks) for the use of residents. c. When common open space incorporates hardscape, the design shall utilize decorative paving, such as stamped concrete or unit pavers.
d. All landscaped areas shall comply with Section 13 (Landscaping) of the Zoning Ordinance and Chapter 29 (Water Conservation) of the Cypress Municipal Code. e. A detailed landscape and automatic irrigation plan shall be submitted for review and approval by the director at least sixty (60) days prior to issuance of a certificate of occupancy.
f. All landscaping and irrigation shall be installed per the approved plan prior to occupancy. The director may waive this requirement if the developer provides security or an executed agreement approved by the city attorney to ensure completion of such improvements within a predetermined timeframe.
g. All required landscaping shall be continuously maintained in a neat and orderly condition.

E. Building design standards.

1. Architectural style.
a. Each multi-family development shall adhere to a single architectural style. Examples of architectural styles are: Spanish Colonial Revival, Mission, Craftsman, American Colonial Revival, and Modern.
b. All architectural elements, including building materials, façades, roofs, entryways, windows, and other features shall reflect the authentic characteristics of the selected architectural style.
c. Accessory structures and building additions shall be consistent with the selected architectural style.

2. Roof design.
a. At intervals of no more than forty (40) feet along the building façade, horizontal eaves shall be broken using at least one of the following strategies:
i. Gables;
ii. Building projections with a depth of a minimum of two (2) feet; iii. Change in façade or roof height of a minimum of two (2) feet; iv. Change in roof pitch or form; or
v. Inclusion of dormers, parapets, and/or varying cornices. b. Roof materials for accessory structures, including garages and carports, shall be the same as the primary building.

3. Façade design and articulation.
a. For every one hundred (100) feet of building length, there shall be a plane-break along the façade comprised of an offset of at least five (5) feet in depth by twenty-five (25) feet in length. The offset shall extend from grade to the highest story. b. Buildings shall have minor massing breaks at least every thirty (30) feet along the street frontage, through the use of varying setbacks, building entries and recesses, or structural bays. Minor breaks shall be a minimum of twelve (12) inches deep and four (4) feet wide and extend the full height of the building. c. In addition to minor massing breaks, street-facing front façades shall provide at least three (3) of the following articulation elements:
i. A covered porch entryway with a minimum depth of five (5) feet, as measured from the building façade to the posts, and a minimum length of eight (8) feet; ii. A recessed entrance measuring at least four (4) feet by four (4) feet, which is well defined by a gabled entry, distinct change in roof line or columns, or has some other significant architectural distinction;
iii. One or more dormer windows or cupolas;
iv. Pillars, posts, or pilasters;
v. One or more bay windows projecting at least twelve (12) inches from the façade plane;
vi. Eaves projecting at least four (4) inches from the façade plane; vii. Raised corniced parapets over the entrance door;
viii. Multiple windows with a trim at least four (4) inches wide; or ix. Integral planters that incorporate landscaped areas or places for sitting. d. Blank walls (i.e., walls without doors, windows, or other articulation elements) shall span no more than thirty (30) feet in length.
e. Building materials.
i. A minimum of two exterior building materials, or a different application of the same material, shall be used on street-facing front and side façades. Glass windows, railings, and trim shall not be counted as one of the two materials. ii. Changes in building materials shall occur at inside corners.

4. Garages
a. Garage doors shall be recessed a minimum of one (1) foot from the façade plane.

When located along a street-facing façade, garage doors shall not exceed forty (40) percent of the length of the building façade.
b. Street-facing garages serving individual units shall incorporate one or more of the following features so that garage doors are visually subservient and complementary to other building elements:
i. Garage door windows or architectural detailing consistent with the main dwelling; ii. Arbor or other similar projecting feature above the garage door; iii. Landscaping occupying fifty percent (50%) or more of the driveway area serving the garage (e.g., ribbon driveway with landscaping between two parallel strips of pavement).
c. Individual garages shall be equipped with an automatic door opener and a roll-up sectional or similar garage door which does not extend onto the driveway.

SECTION 17. Table 4-1 (Review Authority) in Section 4.18.040 of Appendix I (Zoning) of the Cypress Municipal Code is hereby revised as follows (additions in bold underline; deletions in bold strikethrough):

TABLE 4-1

REVIEW AUTHORITY
Type of Entitlement or Decision Applicable Citation Director Council Adjustments 4.19.050 Approve (1) Appeal
Administrative Site Plan Reviews 4.19.110 Approve (5) Appeal Conditional Use Permits 4.19.070 Recommend (2) Approve
Development Agreements Section 21 Recommend Approve
Design Reviews 4.19.060 Approve Appeal (6) Appeal
Director’s Reviews 4.19.030 Approve (3) Appeal (4)
General Plan Amendments Section 28 Recommend Approve
Home Occupation Permits 4.19.060 Issue Appeal
Interpretations 1.02.020 Issue Appeal
Reasonable Accommodation 4.19.100 Approve (5) Appeal
Sign Permits Section 15 Issue Appeal
Specific Plans Section 20 Recommend Approve
Temporary Use Permits 4.19.040 Approve Appeal
Variances 4.19.080 Recommend Approve
Zoning Clearances 4.19.020 Issue Appeal
Zoning Map Amendments Section 28 Recommend Approve
Zoning Ordinance Amendments Section 28 Recommend Approve Notes:
(1) The director may defer action and refer any permit or approval application to the council for final determination. (2) “Recommend” means that the review authority makes a recommendation to a higher review authority; “Appeal” means that the review authority may consider and decide upon appeals to the decision of an earlier review authority, in compliance with section 27 (Appeals).
(3) All decisions of the director are appealable to council, in compliance with section 27 (Appeals). (4) All decisions of the council are final.
(5) When requests for reasonable accommodation are an application for which the director is the reviewing authority is submitted for concurrent review with another discretionary land use application for which the council is the reviewing authority, the council shall also review the both requests. for reasonable accommodation. (6) The design review committee is the review authority for design reviews.

SECTION 18. Table 4-2 (Types of Adjustments Allowed) in Section 4.19.050 of Appendix I (Zoning) of the Cypress Municipal Code is hereby revised as follows (additions in bold underline):

TABLE 4-2

TYPES OF ADJUSTMENTS ALLOWED
Types of Adjustments Allowed Maximum Adjustment

1. Distances between structures. A decrease of the minimum allowed distances between detached accessory structures and main structures on the same site
20 percent

2. Fence or wall height. An increase of the allowed maximum height of a fence or wall, subject to the review and conditions of the Building Official 20 percent

3. Height of structures 10 percent

4. Landscape area requirements 10 percent

5. Parcel area, depth, or width. A decrease in the minimum required parcel area, parcel depth, or parcel width
10 percent

6. Parcel coverage. An increase of the maximum allowable parcel coverage
10 percent

7. Parking. A decrease in the number of required off-street parking spaces
10 percent

8. Projections. An increase in the allowed projection of eaves, fireplaces, landings, masonry chimneys, overhangs, stairways, and steps into any required front, side, or rear setback or width between structures 10 percent

9. Setback/yard area. A decrease of the maximum required setback/yard areas (e.g., front, rear, and side) for structures 20 percent

10. Sign area/height. An increase of the maximum allowed height of signs or maximum allowed sign area
10 percent
Types of Adjustments Allowed

11. RS-6,000 and 15,000. In the RS-6,000 and RS-15,000 zoning districts, a decrease in the required interior side setback to a minimum of three feet for the purpose of constructing a room addition to the primary dwelling unit. The room addition shall maintain the same or greater setback distance from the interior side parcel line as the primary dwelling. Garages and other accessory structures shall not be used to justify a reduced interior side setback.

12. Sight clearance visibility zones. The allowance for the keeping of any decoration, design, device, hedge, shrubbery, structure, tree, vegetation, or any other minor visibility obstruction in required sight clearance visibility zones which exceeds three and one half feet in height.

13. Agricultural or animal activities. The Adjustment procedure may also be used by the Director to grant a permit for any agricultural or animal husbandry activity conducted primarily for educational purposes or school credits.

14. Objective design standards for multi-family dwellings. A deviation from one or more standards set forth in Section 3.17.310 may be approved if the Director finds that the project incorporates an alternative method to achieve the intent of the requirement.

SECTION 19. Section 4.19.060(B) of Appendix I (Zoning) of the Cypress Municipal Code is hereby revised as follows (additions in bold underline; deletions in bold strikethrough):

B. Applicability. The design review process shall be required before the issuance of any building permit for the following:

1. Mobile home parks;

2. New commercial and industrial structures or additions to existing structures where the proposed additional square footage exceeds twenty (20) percent of the total floor area on the site;

3. New sign programs for commercial or industrial centers; and

4. Public and semi-public uses.; and

5. Other buildings and structures as identified within the zoning ordinance and specific plans.

SECTION 20. Section 4.19.110 (Administrative Site Plan Review) is hereby added to Appendix I (Zoning) of the Cypress Municipal Code and shall read as follows:

4.19.110. Administrative site plan review.

A. Intent and purpose of subsection. The administrative site plan review is established to provide for the administrative review of projects which, because of their limited size and scope, have minor aesthetic, land use, or traffic implications and to not create any significant impact on public utilities or services. The administrative site plan review ensures that projects comply with all applicable City standards and ordinances, are not detrimental to the public health, safety, or welfare, or are materially injurious to properties or improvements in the immediate vicinity.

B. Applicability. Applications for administrative site plan review may be submitted only for those uses specified as requiring administrative site plan review in the applicable zoning district in Article 2 (Zoning Districts and Allowable Land Uses).

C. Authority.

1. Director. Applications for administrative site plan review shall be reviewed by the director, or designee, unless another discretionary approval is sought for which the city council is the reviewing authority.

2. City council. Applications for administrative site plan review shall be reviewed by the city council when they are submitted for concurrent review with another discretionary land use application for which the city council is the reviewing authority.

D. Proceedings.

1. Application requirements. An application for administrative site plan review shall be filed in compliance with section 18 (Applications, Processing, and Fees).

2. Director’s action. For applications reviewed by the director, the director shall issue a written determination to approve, approve with conditions, or disapprove the administrative site plan review. A public hearing shall not be required prior to the director issuing a written determination.

3. City council action. For applications reviewed by the city council, the processing procedures of the discretionary land use permit shall govern the joint processing of both the administrative site plan review and the discretionary permit.

4. The reviewing authority’s written determination shall set forth the findings in accordance with paragraph E (Findings), any conditions of approval, and notice of the right to appeal, if applicable.

5. Conditions of approval. The reviewing authority may impose any conditions of approval it deems reasonable and necessary to ensure that the application complies with the findings required by this subsection.

6. Appeals. If the director does not approve the application for administrative site plan review, or if the applicant disagrees with any conditions imposed on the approval, the applicant may file an appeal to the city council in compliance with section 27 (Appeals). Decisions on applications for administrative site plan review made by the city council are final.

E. Findings. An application for administrative site plan review shall be approved, with or without conditions, if the review authority first finds, based upon all evidence presented, all of the following:

1. The project complies with all applicable provisions of the municipal code;

2. The site is suitable for the particular use or development intended, and the total development, including the application of prescribed development standards, is arranged as to avoid traffic congestion, will not adversely affect public health, safety, and general welfare, will not have adverse effects on neighboring property, and is consistent with all elements of the general plan; and

3. The development design complies with all applicable objective design standards and is designed in a manner to mitigate to a reasonable extent adverse effects on neighboring properties, and will not be substantially detrimental to the health, safety, or general welfare of the city.

F. Administrative site plan review approval attached to the property. An administrative site plan review approval that is valid and in effect and granted in compliance with the provisions of this zoning ordinance shall be valid only on the property for which it was granted and only for the improvements for which it was granted and further, shall continue to be valid upon change of ownership of the property or any lawfully existing structure on the property.

SECTION 21. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

SECTION 22. CEQA. In accordance with Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, adoption of this Ordinance is exempt from environmental review because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. The adoption of the proposed Ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The Ordinance is limited to establishing procedures and regulations for various housing uses pursuant to State law. The City Council finds the project is exempt. No new construction is proposed.

SECTION 23. Effective date. This Ordinance shall become effective thirty (30) days from its adoption.

SECTION 24. Certification. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the ____ day of _________, 2023. _______________________________

MAYOR OF THE CITY OF CYPRESS
ATTEST:
___________________________________

CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of said City Council held on the _____ day of ___________, 2023, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
___________________________________

CITY CLERK OF THE CITY OF CYPRESS
PL-5 Rev. 2011

NOTICE OF EXEMPTION
TO: Office of Planning and Research FROM: City of Cypress 1400 Tenth Street, Room 121 5275 Orange Avenue
Sacramento, CA 95814 Cypress, CA 90630
X County Clerk-Recorder
Public Services Division Filing Fee Exempt per Govt. Code Section 6103 P.O. Box 238
Santa Ana, CA 92702
Project Title
Zoning Ordinance Amendment Amending Provisions of Appendix I (Zoning) to Implement the Housing Element and Comply with State Housing Laws
Project Location - Specific
City-wide
Project Location - City
Cypress
Project Location - County
Orange
Description of Nature, Purpose, and Beneficiaries of Project A City-initiated amendment to the text of the Cypress Municipal Code, Appendix I – Zoning, to be consistent with State housing laws related to multi-family housing development and design standards, multi-family permitting procedures, and accessory dwelling units in support of housing element implantation. No new construction is proposed as part of this action.

Name of Public Agency Approving Project
City of Cypress
Name of Person or Agency Carrying Out Project (Applicant’s Name and Address) City of Cypress, Planning Division, 5275 Orange Avenue, Cypress, CA 90630 Exempt Status: (Check One)
Ministerial (Sec. 21080(b)(1);15268);
Declared Emergency (Sec. 21080(b)(3);15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number.

X General Rule (Sec. 15061 [b] [3])
Reasons why project is exempt:

It can be seen with certainty that there is no possibility that this ordinance amendment may cause a significant effect on the environment, since the amendment is general in nature, limited to establishing procedures and standards, and would not preclude the review and application of the CEQA Guidelines for specific future residential projects.

Lead Agency Contact Person
Alicia Velasco, Planning Director
Area Code
(714)
Telephone Number
229-6720
If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a notice of exemption been filed by the public agency approving the project? Yes X No ________
_________________________________ __________________________ ______________ Date Received for Filing at OPR Signature Date
Planning Director_____
Title
Signed by Lead Agency
Signed by Applicant
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 9.

FROM: Alicia Velasco, Planning Director
DATE: 11/13/2023
SUBJECT: Approve an Agreement to Conduct Public Opinion Research for the Housing Element Implementation Ballot Measure

RECOMMENDATION
Approve an agreement with Fairbank, Maslin, Maullin, and Metz & Associates for $33,500 to conduct public opinion research for the Housing Element implementation ballot measure.

DISCUSSION
The City's 2021-2029 Housing Element includes a State-mandated sites-inventory that assigns zoning to facilitate the addition of 3,936 housing units in Cypress over the next eight years. This obligation is the State's Regional Housing Needs Assessment (RHNA). The City Council-approved Housing Element allocates Cypress' RHNA between the Lincoln Avenue Specific Plan and the Cypress Town Center and Commons Specific Plan 2.0 (CTCC). A voter-initiated element of the City Charter requires that changes to the CTCC that would implement the Housing Element by approved through an election. If the Housing Element implementation ballot measure is not approved, the State requires the City Council increase the housing assigned to the Lincoln Avenue Specific Plan. Increasing the Lincoln Avenue Specific Plan does not require voter approval.

The City Council's Strategic Plan includes an objective to recommend an agreement for the Housing Element Implementation public outreach plan to the City Council. As the first step toward this objective, it is recommended that the City Council approve an agreement for an opinion poll for to the 2024 ballot measure required to implement the Housing Element.

The poll will provide the City Council with information to tailor efforts to engage voters with an accurate and effective education campaign. Having reviewed the five proposals to the City received in response to its solicitation and interviewed the highest rated firms, an agreement with Fairbank, Maslin, Maullin, and Metz & Associates (FM3) is recommended. FM3 is a local firm with extensive polling experience, including ballot measures in 10 Orange County cities.

The cost for FM3's scope of work is comparable to the City's triennial community survey.

FM3's scope of work includes a 20-minute dual-mode survey (phone and online) of 400 likely November 2024 voters in English and Spanish. Survey results will gauge the ballot measure's feasibility and identify key educational messages and the most effective voter outreach methods. As the City Council is aware, the City cannot advocate for (or against) the ballot measure; the poll's focus and subsequent education campaign is solely on informing the community about the Housing Element, RHNA, and the ballot measure. As noted above, the ballot measure is effectively an either/or question. If voters do not approve the ballot measure, the State requires the 676 housing units envisioned for the CTCC be assigned to the Lincoln Avenue Specific Plan.

In early 2024, the City Council will consider an agreement with a communications firm for public outreach that will make use of FM3's survey results.

BUDGET IMPACT
The survey is funded with the $150,000 budgeted in FY 2023-24 for ballot measure outreach associated with Housing Element implementation.

LEGAL REVIEW
The City Attorney has approved the agreement as to form.

APPROVED BY: Peter Grant, City Manager
Attachments
Contract Service Agreement
FM3 Letter and Credentials

Page 3 ends

Proposed Research Specifications and Costs
Methodology Dual-mode survey using a combination of telephone (cellular and landline) and online interviews
Respondent
Contact Method Telephone calls, email invitations, and text invitations Population &
Sample
400 likely November 2024 voters in the City of Cypress
Margin of
Sampling Error*
±4.9% for a sample of 400 interviews
*At the 95% confidence level (i.e., in 95 out of 100 cases) Questionnaire 20 minutes
Language Telephone interviews will be conducted in English and Spanish; online interviews will be conducted in English only. Translation and bilingual interviewing is available in additional languages are available at an added cost.

Deliverables Following the completion of the survey, we will provide:
• A questionnaire with the topline results of the survey for easy reference • A complete set of crosstabs in an easy-to-read, comprehensive format • Verbatim responses to any open-ended questions
• A complete analysis of survey results in PowerPoint
• A presentation of the survey results
FM3 will also be available for ongoing consultation and any further analysis of the research.

Cost The cost to conduct this survey is $33,500. This price includes all costs for questionnaire design, translation, sample acquisition and preparation, programming, email and text invitations, survey hosting, bilingual telephone interviewing, data entry and analysis, and reporting.

TO Alicia Velasco
City of Cypress
FROM Dave Metz, Lucia Del Puppo, and Adam Sonenshein
FM3 Research
RE: Conducting Public Opinion Research on a Potential 2024 Ballot Measure DATE October 26, 2023
Fairbank, Maslin, Maullin, Metz & Associates (FM3) is pleased to submit this short scope of work to conduct public opinion research on a potential 2024 ballot measure for the City of Cypress. We believe our firm is an excellent choice to complete this work for several reasons, including:
• FM3 is a recognized leader in conducting research that helps California cities, counties, and special districts objectively evaluate the viability of passing local ballot measures. Our research has contributed to the passage of more than 600 local ballot measures approved for 160+ California agencies in every region of the state.

For a full list of FM3’s past successful ballot campaigns, please visit fm3research.com/clients_category/ballotmeasures. • FM3’s research has been used to pass successful local ballot measures for cities and other agencies in Orange County since 1999. These cities have included Costa Mesa, Fountain Valley, Garden Grove, Huntington Beach, Laguna Beach, Los Alamitos, San Juan Capistrano, Santa Ana, Seal Beach, and Westminster. FM3 has also conducted non-ballot measure survey research on behalf of the cities of Anaheim, Brea, Dana Point, Irvine, La Habra, La Palma, Placentia, Rancho Santa Margarita, San Clemente, and Stanton. • Our approach is focused on providing ongoing strategic consultation to our clients. We do not simply conduct a poll, present the results, and leave you and your team to figure out how to put them to use. Instead, we want to be a member of your strategic team—participating fully in each of the campaign’s key decisions on an ongoing basis. As a medium-sized research firm, FM3 provides its clients with a level of personal attention and service from our senior staff that is more often associated with much smaller organizations, while concurrently offering the wide range of services, adherence to expedited timelines, and rigorous quality control expected from larger research firms.
• FM3 features a local presence and accessibility. Our Los Angeles office is located just a short drive from Cypress. Southern California is home not only to our firm, but also to the residents and voters we know best.

Page 2 ends

Our senior research staff is always willing to make the drive to meet with you in person and discuss your project, present results, or help you leverage our research to achieve your goals.

We appreciate the opportunity to be considered for this important project. Please feel free to reach out with any questions you may have.

Sincerely,
Dave Metz
Partner & President
[email protected]
(510) 451-9521
Lucia Del Puppo
Senior Vice President
[email protected]
(510) 451-9521
Adam Sonenshein
Senior Vice President
[email protected]
(310) 569-3653

Page 3 ends

CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 10.

FROM: Matt Burton, Director of Finance and Administrative Services DATE: 11/13/2023
SUBJECT: Approve Revision to Class Specification for Accountant

RECOMMENDATION
Adopt a Resolution revising the class specification for Accountant.

DISCUSSION
When positions become vacant, the Human Resources Division and the affected Department review the class specification and revise as necessary. These changes may include contemporary updates due to changes in departmental structure, changes to duties and/or job titles and general language clean-up.

The class specification for Accountant was reviewed and updated due to the recent retirement of the incumbent Accountant. The changes are non-substantive in nature and limited to language updates. The classification is represented by the Cypress Employees' Association (CEA) and the CEA did not object to any of the changes.

BUDGET IMPACT
None.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Resolution - Approve Accountant Class Specification
Class Specification - Accountant
Class Specification - Accountant (Redline)
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING

AS EX-OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, REVISING THE CLASS SPECIFICATION OF ACCOUNTANT.

WHEREAS, the Personnel Rules and Regulations of the City of Cypress require that amendments or revisions to the Position Classification Plan, revisions to class specifications or salary adjustments for positions be approved by the City Council, and as acting as ex-officio Board of Directors of the Cypress Recreation and Park District; and
WHEREAS, as a standard practice, classifications will be reviewed and revised on a periodic basis or as vacancies occur; and
WHEREAS, the class specification for Accountant has been revised and is attached hereto.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cypress, and acting as the ex-officio Board of Directors of the Cypress Recreation and Park District, does hereby adopt the revised class specification for Accountant.

PASSED AND ADOPTED by the City Council of the City of Cypress, and acting as ex-officio Board of Directors of the Cypress Recreation and Park District, at a regular meeting held on the 13th day of November, 2023.

MAYOR OF THE CITY OF CYPRESS
ATTEST:

CITY CLERK OFTHE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 13
th day of November, 2023, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

CITY CLERK OF THE CITY OF CYPRESS

CITY OF CYPRESS PREPARED: October 20, 2023
APPROVED BY CITY COUNCIL: November 13, 2023

ACCOUNTANT
Finance and Administrative Services Department
FLSA Designation: Non-Exempt

DEFINITION
To perform a variety of complex general professional and technical accounting work requiring independent judgment and the application of intermediate and basic accounting principles and practices in the maintenance of fiscal records and systems; to prepare financial reports, statements, and analyses; to maintain the City’s automated general fund accounting system.

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Finance Manager and/or the Director of Finance and Administrative Services. May exercise functional and technical supervision over clerical support staff as assigned.

EXAMPLE OF DUTIES - Duties may include, but are not limited, to the following:

Assist in preparing internal financial reports with varying degrees of complexity.

Maintain the General Ledger, various subsidiary ledgers, registers, journals and logs according to established accounting techniques and procedures.

Prepare journal entries.

Perform month-end and year-end close procedures, including the monthly Treasurer’s Report.

Prepare bank reconciliations.

Review accounts payable and receivables.

Verify cash transactions.

Document and prepare accounting transactions and records.

Assist in the preparation of the City's annual independent audit.

Assist in the preparation of the City’s Annual Comprehensive Financial Report (ACFR).

Provide technical assistance to various City staff.

Maintain, update, and reconcile capital asset accounting records.

Prepare, analyze, and review purchasing documents for proper information and account classifications and perform buyer duties as needed.

Participate in the preparation and administration of annual budget.

Review and monitor various revenue and expenditure accounts for accuracy and budget compliance.

Contact financial institutions, vendors, businesses, the public or other agencies to verify or obtain information regarding City financial activity.

City of Cypress
Accountant

Page 2 of 3 ends

Assist with heavy workloads and provide back-up on payroll, accounts payable, and other clerical accounting functions as necessary.

Assist in administering agreements and contracts.

Perform other duties as assigned.

QUALIFICATIONS
Knowledge of:

Principles, practices and methods of governmental financial accounting and their application to a variety of accounting transactions and problems.

Federal and state laws and regulations.

Effective financial research methods and techniques including application of statistics used to compile and analyze data and prepare administrative financial reports and recommendations.

Automated financial management systems.

Systems and procedures of payroll, accounts payable, accounts receivable, and general ledger functions.

Modern office equipment, methods and practices.

Ability to:

Acquire acceptable working knowledge of City ordinances, bargaining unit contracts, salary and benefits resolutions, policies, systems, and procedures governing its financial operations.

Apply accounting principles and practices to the maintenance of moderately complex financial records and transactions.

Apply federal, state and local laws, regulations and other requirements to accounting and auditing duties.

Prepare routine and special financial reports and statements as assigned.

Analyze and evaluate accounting problems and request appropriate supervisory intervention as related to policy decisions.

Provide recommendations for policy or procedural changes.

Understand and follow verbal and written instructions.

Communicate effectively, verbally and in writing, using tact and sound judgment in dealing with employees and the public.

Establish and maintain effective and cooperative working relationships with those encountered in the performance of duties.

Perform other duties as assigned.

City of Cypress
Accountant

Page 3 of 3 ends

Experience and Education: Any combination of experience and education that would provide the required knowledge and abilities necessary for satisfactory performance. A typical combination is:

At least two (2) years experience performing increasingly responsible professional and technical accounting work and equivalent to a Bachelor’s Degree from an accredited college or university with major coursework in Accounting, Business Administration, Public Administration or a related field.

Experience in governmental accounting and/or with a municipality or other government agency and proficiency in Excel with knowledge of pivot tables and marcos are highly desirable. Knowledge of accounting and auditing principles and practices as promulgated by the Government Accounting Standards Board (GASB) is desirable.

License: Due to the performance of field duties, an incumbent may be required to drive a City vehicle in the course of business. If so, an incumbent is required to possess, provide, and maintain a valid California Driver License and proof of an acceptable driving record.

Physical Tasks and Environmental Conditions: Ability to maintain physical condition necessary for lifting approximately twenty-five (25) pounds in weight; sitting or standing for prolonged periods of time; input data into a computer for prolonged periods of time; hear and speak to those encountered in the performance of duties on the phone or in person; read reports and other records; and, read from a computer terminal. Specific vision abilities include close vision and the ability to adjust focus. Work is performed primarily indoors in a controlled office environment. Exposures to computer glare and vibrations and pitch of computer and other office equipment.

CITY OF CYPRESS PREPARED: October 20, 2023
APPROVED BY CITY COUNCIL: November 13, 2023

ACCOUNTANT
Finance and Administrative Services Department
FLSA Designation: Non-Exempt

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Finance Manager and/or. On special assignments, may receive direction from the Director of Finance and Administrative Services. May exercise functional and technical supervision over clerical support staff as assigned.

EXAMPLE OF DUTIES - Duties may include, but are not limited, to the following:

Assist in preparing internal financial reports with varying degrees of complexity.

Maintains the General Ledger, various subsidiary ledgers, registers, journals and logs according to established accounting techniques and procedures.

Prepare journal entries.

Perform month-end and year-end close procedures, including the monthly Treasurer’s Report.

Prepare bank reconciliations.

Review accounts payable and receivables.

Verify cash transactions.

Assist in the Document and prepareation of accounting transactions and records.

Assist in the preparation of the City's annual independent audit.

Assist in the preparation of the City’s Annual Comprehensive Annual Financial Report (CACFR).

Provide technical assistance to various City staff.

Maintain, update, and reconcile capital fixed asset accounting records.

Prepare, analyze, and review purchasing documents for proper information and account classifications and perform buyer duties as needed.

Participate in the preparation and administration of annual budget.

Review and monitor various revenue and expenditure accounts for accuracy and budget compliance.

Contact financial institutions, vendors, businesses, the public or other agencies to verify or obtain City of Cypress
Accountant

Page 2 of 3 ends

information regarding City financial activity.

Assist with heavy workloads and provide back-up on payroll, accounts payable, and other clerical accounting functions as necessary.

Assist in administering agreements and contracts.

Perform other duties as assigned.

QUALIFICATIONS
Knowledge of:

Principles, practices and methods of governmental financial accounting and their application to a variety of accounting transactions and problems.

Federal and state laws and regulations.

Effective financial research methods and techniques including application of statistics used to compile and analyze data and prepare administrative financial reports and recommendations.

Automated financial management systems.

Systems and procedures of payroll, accounts payable, accounts receivable, and general ledger functions.

Modern office equipment, methods and practices.

Ability to:

Acquire acceptable working knowledge of City ordinances, bargaining unit contracts, salary and benefits resolutions, policies, systems, and procedures governing its financial operations.

Apply accounting principles and practices to the maintenance of moderately complex financial records and transactions.

Apply federal, state and local laws, regulations and other requirements to accounting and auditing duties.

Prepare routine and special financial reports and statements as assigned.

Make accurate arithmetical calculations rapidly.

Analyze and evaluate accounting problems and request appropriate supervisory intervention as related to policy decisions.

Provide recommendations for policy or procedural changes.

Efficiently use automated information systems and office equipment, including a personal computer using windows based software for word processing and spreadsheet.

Understand and follow verbal and written instructions.

Communicate effectively, verbally and in writing, using tact and sound judgment in dealing with employees and the public.

City of Cypress
Accountant

Page 3 of 3 ends

Communicate effectively verbally and in writing.

Establish and maintain effective and cooperative working relationships with those encountered in the performance of duties.

Perform other duties as assigned.

Experience and Education: Any combination of experience and education that would provide the required knowledge and abilities necessary for satisfactory performance. A typical combination is:

Experience ins governmental accounting and/or with a municipality or other government agency and proficiency in Excel with knowledge of pivot tables and marcos is are highly desirable. Knowledge of accounting and auditing principles and practices as promulgated by the Financial Accounting Standards Board (FASB) and/or the Government Accounting Standards Board (GASB) is desirable.

License: Due to the performance of field duties, an incumbent may be required to drive a City vehicle in the course of business. If so, an incumbent is required to possess, provide, and maintain a valid California Driver's License and proof of an acceptable driving record.

CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 11.

FROM: Matt Burton, Director of Finance and Administrative Services DATE: 11/13/2023
SUBJECT: Approve the Purchase for Renewal of Network Security Monitoring Services

RECOMMENDATION
Approve a three-year agreement with SHI International Corp. for $117,417.82 to renew the city's Arctic Wolf Managed Detection and Response Network Security Monitoring Services.

DISCUSSION
The city has utilized Arctic Wolf's network security monitoring services since FY 2020-21 and the initial three-year contract will expire later this month. These services are designed to monitor, detect, and respond to security events on the hundreds of networked devices the city relies on for providing services to residents and businesses.

Network security monitoring services are a critical component to the city’s security posture to better defend against cybersecurity attacks. Cybersecurity attacks have become increasingly prevalent, especially those targeting local governments. Between 2021 and 2022, known attacks on local governments rose 95%. As a response to these issues, full time network security monitoring has become a recommended practice for local governments. For larger agencies, this entails building and staffing a Security Operation Center (SOC). A SOC is a 24/7 staffed operation that deals exclusively with monitoring, assessing, and defending enterprise information systems and networks. For a small or medium sized operation such as Cypress, the trend is to outsource the SOC function to a third party provider.

By outsourcing network security monitoring services, the city gets the benefits of 24/7 monitoring without building and staffing a SOC or hiring several dedicated full-time security professionals. The network security monitoring service provides an additional layer of security for protecting critical city systems and operations. Security incidents can be detected and contained instantly, eliminating or drastically reducing their impact on city operations.

A comprehensive review of network security monitoring services was conducted in 2020 and Arctic Wolf was determined to best provide the necessary level of service at the most reasonable cost. SHI International Corp. offers Artic Wolf subscription services through an OMNIA cooperative agreement. The OMNIA program allows local governments to purchase competitively bid information technology systems through a nationwide cooperative agreement and Cypress Municipal Code Section 21A-10(e) provides bidding may be dispensed with under cooperative purchasing agreements . These agreements, which the city uses regularly when available, expedite purchases and ensure market pricing. By opting for a three-year agreement and prepaying the full amount, the annual cost of the subscription service is fixed and won't increase during the contract term. Therefore, it is recommended an agreement with SHI International Corp. for Arctic Wolf network security monitoring services be approved for the period of November 2023 through November 2026.

BUDGET IMPACT
Sufficient amounts are included in the Central Services Fund budget for annual network security monitoring services. The prepaid contract costs for years two and three will be incorporated into future budgets.

LEGAL REVIEW
The City Attorney has reviewed the contract documents.

APPROVED BY: Peter Grant, City Manager
Attachments
SHI - Omnia Co-op Agreement
SHI - Network Monitoring Services Quote
Region 4 ESC
Contract # R220804
for
Total Cloud Solutions
with
SHI Government Solutions
Effective: October 1, 2022
The following documents comprise the executed contract between the Region 4 Education Service Center (“ESC”), and SHI Government Solutions effective October 1, 2022:

I. Appendix A, Supplier Contract
II. Offer & Contract Executed Signature Form
III. Supplier’s Response to the RFP, incorporated by reference.

Region 4 Education Service Center PAGE 3
Table of Contents
Executive summary .................................................................... 4 Tab 1 – Contract and Offer and Contract Form ...................... 6 Appendix A - Contract and Offer................................................................................ 7 Appendix B - Terms and Conditions Acceptance Form .......................................... 14 Tab 2 – Products / Pricing........................................................ 25 Partner – Terms and Conditions................................................................................ 37 Partner - Letters of Authorization .............................................................................. 38 Tab 3 – Performance Capability............................................... 44 Appendix D, Exhibit A – Response for National Cooperative Contract.................. 52 Appendix D, Exhibit F – Federal Funds Certifications........................................... 118 FEMA.......................................................................................................................... 127 Appendix D, Exhibit G – New Jersey Business Compliance................................. 142 Tab 4 – Qualification and Experience ................................... 157 References................................................................................................................. 167 Tab 5 – Value Add ................................................................... 169 Tab 6 – Appendix C - Additional Required Documents....... 174 Supporting Documents .......................................................... 179 Addendum Acknowledgements............................................................................... 179 AWS Partner Package............................................................................................... 180 Region 4 Education Service Center PAGE 6
TAB 1 – CONTRACT AND OFFER AND

EXECUTED CONTRACT FORM
Please see the following pages for the completed required forms.

Region 4 Education Service Center PAGE 8
Region 4 Education Service Center PAGE 9
Region 4 Education Service Center PAGE 10
Region 4 Education Service Center PAGE 11
Region 4 Education Service Center PAGE 12

Region 4 Education Service Center PAGE 14

APPENDIX B - TERMS AND CONDITIONS ACCEPTANCE
FORM
Please see the following pages for our exceptions to Terms and Conditions.

Section/Page Term, Condition, or
Specification
Exception/Proposed
Modification
Accepted
(For
Region 4
III.

INSTRUCTIONS
TO OFFERORS;
Section 22,
“Samples”; Page 10
Upon request, samples shall be
furnished, free of cost, within
seven (7) days after receiving
notice of such request. By
submitting the proposal Offeror
certifies that all materials
conform to all applicable
requirements of this solicitation
and of those required by law.

Offeror agrees to bear the costs
for laboratory testing, if results
show the sample does not
comply with solicitation
requirements. Submissions may
no longer be considered for
failing to submit samples as
requested.

RESERVED
[SHI Note: SHI requests this section
be marked “reserved”. Samples
would not be applicable to cloud
services.]
APPENDIX A;
DRAFT
CONTRACT;
Opening; Page 1
This Contract (“Contract”) is
made as of , 2022 by and
between
(“Contractor”) and
Region 4 Education Service
Center (“Region 4 ESC”) for
the purchase of Total Cloud
Solutions and Services (“the
products and services”).

This Contract (“Contract”) is made
as of , 2022 by and between
(“Contractor”) and
Region 4 Education Service
Center (“Region 4 ESC”) for the
purchase of Total Cloud Solutions
and Services (“the products and
services”).

APPENDIX A;
DRAFT
CONTRACT;
RECITALS; Page 1
WHEREAS, Region 4 ESC
selected Contractor’s Proposal
and wishes to engage Contractor
in providing the
services/materials described in
the RFP and Proposal;
WHEREAS, Region 4 ESC selected
Contractor’s Proposal and wishes to
engage Contractor in providing the
services, labor, materials,
equipment, and supplies provided
by Contractor under an SOW
(“Sservices”)/materials and third
party software, computer
peripherals, computer hardware,
and associated IT services provided
by third parties (“Product”)
described in the RFP and Proposal;
[SHI Note: SHI requests these terms
be defined to further clarify our role
under this Contract.]
Accepted
Accepted
Accepted
APPENDIX A;
DRAFT
CONTRACT; 9)
Contract Alterations;

Page 2 ends

No alterations to the terms of
this Contract shall be valid or
binding unless authorized and
signed by Region 4 ESC.

No alterations to the terms of this
Contract shall be valid or binding
unless authorized and signed by
Region 4 ESC and Contractor.
[SHI Note: SHI requires any
changes to the terms be mutually
agreed upon in writing by both
parties.]
Accepted
APPENDIX A;
DRAFT
CONTRACT; 11)

TERMINATION OF
CONTRACT; a)
Cancellation for
Non-Performance or
Contractor
Deficiency; Page 2
Region 4 ESC may terminate
the Contract if purchase volume
is determined to be low volume
in any 12-month period. Region
4 ESC reserves the right to
cancel the whole or any part of
this Contract due to failure by
Contractor to carry out any
obligation, term or condition of
the contract. Region 4 ESC may
issue a written deficiency notice
to Contractor for acting or
failing to act in any of the
following:
i. Providing material that does
not meet the specifications of
the Contract;
ii. Providing work or material
was not awarded under the
Contract;
iii. Failing to adequately
perform the services set forth in
the scope of work and
specifications;
iv. Failing to complete required
work or furnish required
materials within a reasonable
amount of time;
v. Failing to make progress in
performance of the Contract or
giving Region 4 ESC reason to
believe Contractor will not or
cannot perform the
requirements of the Contract; or
vi. Performing work or
providing services under the
Contract prior to receiving an
authorized purchase order.

Region 4 ESC may terminate the
Contract if purchase volume is
determined to be low volume in any
12-month period, upon ten (10)
days’ written notice. Region 4 ESC
reserves the right to cancel the
whole or any part of this Contract
due to failure by Contractor to carry
out any obligation, term or
condition of the Ccontract, upon ten
(10) days’ written notice. Region 4
ESC may issue a written deficiency
notice to Contractor for acting or
failing to act in any of the
following:
i. Providing material that does not
meet the specifications of the
Contract;
ii. Providing work or
materialProduct or Services was not
awarded under the Contract;
iii. Failing to adequately perform
the Sservices set forth in the scope
of work and specifications;
iiiv. Failing to complete required
Serviceswork or furnish required
materials within a reasonable
amount of time;
iv. Failing to make progress in
performance of the Contract or
giving Region 4 ESC reason to
believe Contractor will not or
cannot perform the requirements of
the Contract; or
vi. Performing work Services or
providing services Product under
the Contract prior to receiving an
authorized purchase order.

Upon receipt of a written deficiency
notice, Contractor shall have ten
(10) days to provide a satisfactory
response to Region 4 ESC. Failure
to adequately address all issues of
concern may result in Contract
cancellation. Upon cancellation
under this paragraph, all goods,
materials, work, documents, data
and reports prepared by Contractor
for Region 4 ESC (“Deliverables”)
under the Contract shall
immediately become the property of
Region 4 ESC.
[SHI Note: SHI requests 10 days’ notice
prior to termination of default, so we may
have the opportunity to cure.]
Accepted
APPENDIX A;
DRAFT
CONTRACT; 11)

TERMINATION OF
CONTRACT; b)
Termination for
Cause; Page 3
If, for any reason, Contractor
fails to fulfill its obligation in a
timely manner, or Contractor
violates any of the covenants,
agreements, or stipulations of
this Contract Region 4 ESC
reserves the right to terminate
the Contract immediately and
pursue all other applicable
remedies afforded by law. Such
termination shall be effective by
delivery of notice, to the
Contractor, specifying the
effective date of termination. In
such event, all documents, data,
studies, surveys, drawings,
maps, models and reports
prepared by Contractor will
become the property of the
Region 4 ESC. If such event
does occur, Contractor will be
entitled to receive just and
equitable compensation for the
satisfactory work completed on
such documents.

If, for any reason, Contractor fails
to fulfill its obligation in a timely
manner, or Contractor violates any
of the covenants, agreements, or
stipulations of this Contract Region
4 ESC reserves the right to
terminate the Contract, immediately
upon ten (10) days’ written notice,
and pursue all other applicable
remedies afforded by law. Such
termination shall be effective by
delivery of notice, to the Contractor,
specifying the effective date of
termination. In such event, all
documents, data, studies, surveys,
drawings, maps, models and reports
prepared by Contractor for Region 4
ESC will become the property of
the Region 4 ESC. If such event
does occur, Contractor will be
entitled to receive just and equitable
compensation for the satisfactory
work completed on such
documents.
[SHI Note: SHI requests 10 days’
notice prior to termination of
default, so we may have the
opportunity to cure.]
Accepted
APPENDIX A;
DRAFT
CONTRACT; 11)

TERMINATION OF
CONTRACT; c)
Delivery/Service
Failures; Page 3
Failure to deliver goods or
services within the time
specified, or within a reasonable
time period as interpreted by the
purchasing agent or failure to
make replacements or
corrections of rejected
articles/services when so
requested shall constitute
grounds for the Contract to be
terminated. In the event Region
4 ESC must purchase in an open
market, Contractor agrees to
reimburse Region 4 ESC, within
a reasonable time period, for all
expenses incurred.

Failure to deliver goods Product or
Sservices within the time specified,
or within a reasonable time period
as interpreted by the purchasing
agent or failure to make
replacements or corrections of
rejected articlesProducts in
accordance with Contractor’s return
policy which is found at
www.shi.com/returnpolicy
(“Contractor’s Return Policy”),/ or
re-perform rejected Sservices when
so requested shall constitute
grounds for the Contract to be
terminated. In the event Region 4
ESC must purchase in an open
market, Contractor agrees to
reimburse Region 4 ESC, within a
reasonable time period, for all
expenses incurred.
[SHI Note: Product returns are
subject to SHI’s return policy.

SHI’s remedy for non-conforming
Services is re-performance. SHI is
not liable for cost to cover.]
APPENDIX A;
DRAFT
CONTRACT; 14)
Delivery; Page 4
Conforming product shall be
shipped within 7 days of receipt
of Purchase Order. If delivery is
not or cannot be made within
this time period, the Contractor
must receive authorization for
the delayed delivery. The order
may be canceled if the
estimated shipping time is not
acceptable. All deliveries shall
be freight prepaid, F.O.B.

Destination and shall be
included in all pricing offered
unless otherwise clearly stated

RESERVED
[SHI Note: SHI requests this section
be marked “reserved”. SHI will not
be physically shipping any Product
under this Contract.]
Accepted
Accepted
APPENDIX A;
DRAFT
CONTRACT; 15)
Inspection &
Acceptance; Page 4
If defective or incorrect material
is delivered, Region 4 ESC may
make the determination to
return the material to the
Contractor at no cost to Region
4 ESC. The Contractor agrees to
pay all shipping costs for the
return shipment. Contractor
shall be responsible for
arranging the return of the
defective or incorrect material.

If defective or incorrect nonconforming material Product is delivered, Region 4 ESC may make
the determination to return the
material Product to the Contractor
at no cost to Region 4 ESCin
accordance with Contractor’s
Return Policy. The Contractor
agrees to pay all shipping costs for
the return shipment. Contractor
shall be responsible for arranging
the return of the defective or
incorrect material.
[SHI Note: All Product returns are
subject to SHI’s return policy.]
APPENDIX A;
DRAFT
CONTRACT; 16)
Payments; Page 4
Payment shall be made after
satisfactory performance, in
accordance with all provisions
thereof, and upon receipt of a
properly completed invoice.

Payment shall be made after
satisfactory performance, in
accordance with all provisions
thereof, and upon within thirty (30)
days of receipt of a properly
completed invoice.
[SHI Note: SHI requires payment
within 30 days of receipt of an
invoice.]
APPENDIX A;
DRAFT
CONTRACT; 19)
Discontinued
Products; Page 5
If a product or model is
discontinued by the
manufacturer, Contractor may
substitute a new product or
model if the replacement
product meets or exceeds the
specifications and performance
of the discontinued model and if
the discount is the same or
greater than the discontinued
model.

RESERVED
[SHI Note: SHI requests this section
be marked “reserved”, as this would
not be applicable to cloud services.]
Accepted
Accepted
Accepted
APPENDIX A;
DRAFT
CONTRACT;
22)Warranty
Conditions; Page 5
All supplies, equipment and
services shall include
manufacturer's minimum
standard warranty and one (1)
year labor warranty unless
otherwise agreed to in writing
All supplies, equipment and
sServices and Deliverables shall
include manufacturer's minimum
standard warranty and one (1) year
labor warranty unless otherwise
agreed to in writing be free of
material defects for ninety days
commencing with Final Acceptance
of the Services.

EXCEPT AS OTHERWISE

EXPRESSLY PROVIDED IN

THIS CONTRACT,

CONTRACTOR HEREBY

EXPRESSLY DISCLAIMS ALL

WARRANTIES EITHER

EXPRESS OR IMPLIED,

RELATED TO SERVICES OR

DELIVERABLES TO BE

PROVIDED BY CONTRACTOR

HEREUNDER, INCLUDING,

BUT NOT LIMITED TO, ANY

WARRANTY OF

MERCHANTABILITY OR

FITNESS FOR A PARTICULAR

PURPOSE, WARRANTY OF

NONINFRINGEMENT, OR ANY

WARRANTY RELATING TO
THIRD PARTY PRODUCTS.
[SHI Note: SHI warrants its
Services and Deliverables will be
free from defect for ninety days
after acceptance of Services. SHI
cannot warrant on behalf of third
party product it resells.]
Accepted
APPENDIX A;
DRAFT
CONTRACT; 28)
Stored materials;

Page 6 ends

Upon prior written agreement
between the Contractor and
Region 4 ESC, payment may be
made for materials not
incorporated in the work but
delivered and suitably stored at
the site or some other location,
for installation at a later date.

An inventory of the stored
materials must be provided to
Region 4 ESC prior to payment.

Such materials must be stored
and protected in a secure
location and be insured for their
full value by the Contractor
against loss and damage.

Contractor agrees to provide
proof of coverage and
additionally insured upon
request. Additionally, if stored
offsite, the materials must also
be clearly identified as property
of Region 4 ESC and be
separated from other materials.

Region 4 ESC must be allowed
reasonable opportunity to
inspect and take inventory of
stored materials, on or offsite,
as necessary. Until final
acceptance by Region 4 ESC, it
shall be the Contractor's
responsibility to protect all
materials and equipment.

Contractor warrants and
guarantees that title for all work,
materials and equipment shall
pass to Region 4 ESC upon final
acceptance.

RESERVED
[SHI Note: SHI requests this section
be marked “reserved”, as SHI will
not be storing inventory for Region
4 ESC under this Contract.]
Accepted
APPENDIX A;
DRAFT
CONTRACT; 30)
Indemnity; Page 6
Contractor shall protect,
indemnify, and hold harmless
both Region 4 ESC and its
administrators, employees and
agents against all claims,
damages, losses and expenses
arising out of or resulting from
the actions of the Contractor,
Contractor employees or
subcontractors in the
preparation of the solicitation
and the later execution of the
Contract. Any litigation
involving either Region 4 ESC,
its administrators and
employees and agents will be in
Harris County, Texas.

Contractor shall protect, indemnify,
and hold harmless both Region 4
ESC and its administrators,
employees and agents against all
third party claims, damages, losses
and reasonable expenses arising out
of or resulting from the actions
gross negligence, willful
misconduct, or violation of law of
the Contractor, Contractor
employees or subcontractors in the
preparation of the solicitation and
the later execution of under the
Contract. Any litigation involving
either Region 4 ESC, its
administrators and employees and
agents will be in Harris County,
Texas.
[SHI Note: SHI will indemnify
Region 4 ESC for any third party
claim caused by its gross
negligence, willful misconduct, or
violation of law under this
Contract.]
ADD Limitation of Liability:

NEITHER PARTY WILL BE

LIABLE FOR ANY SPECIAL,

PUNITIVE, INDIRECT,

INCIDENTAL OR

CONSEQUENTIAL DAMAGES

INCLUDING, BUT NOT

LIMITED TO, LOSS OF OR

DAMAGE TO DATA, LOSS OF

ANTICIPATED REVENUE OR

PROFITS, WORK STOPPAGE OR

IMPAIRMENT OF OTHER

ASSETS, WHETHER OR NOT

FORESEEABLE AND WHETHER

OR NOT A PARTY HAS BEEN

ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.

EXCEPT IN THE CASE OF A
PARTY’S OBLIGATION TO

INDEMNIFY FOR THIRD

PARTY CLAIMS, EITHER
PARTY’S TOTAL CUMULATIVE

LIABILITY TO THE OTHER IN

CONNECTION WITH THIS

CONTRACT, WHETHER IN

CONTRACT, TORT OR OTHER

THEORY, WILL NOT EXCEED

THE TOTAL AMOUNT OF FEES

ACTUALLY PAID OR PAYABLE
BY REGION 4 ESC TO

CONTRACTOR UNDER THIS

CONTRACT FOR THE YEAR

PREVIOUS TO THE INCIDENT

WHICH GAVE CAUSE FOR
SUCH LIABILITY. REGION 4

ESC ACKNOWLEDGES THAT

SUCH AMOUNT REFLECTS

THE ALLOCATION OF RISK

SET FORTH IN THIS

CONTRACT AND THAT

CONTRACTOR WOULD NOT

ENTER INTO THIS CONTRACT

WITHOUT THESE

LIMITATIONS ON ITS
LIABILITY.
[SHI Note: SHI requests this clause
be added to the final contract, if
awarded.]
Region 4 Education Service Center PAGE 25
TAB 2 – PRODUCTS / PRICING

2.a) Products and Services /Pricing
i. Offerors shall provide pricing based on a discount or discount range from a manufacturer’s price list or catalog, or fixed price, or a combination of both with indefinite quantities. Prices listed will be used to establish the extent of a manufacturer’s product lines, services, warranties, etc. that are available from Offeror and the pricing per item. Multiple percentage discounts are acceptable if, where different percentage discounts apply, they different percentages are specified. Additional pricing and/or discounts may be included. Products and services proposed are to be priced separately with all ineligible items identified. For services, Offerors shall describe how professional services and technical solutions are priced, i.e., hourly, by project, etc. Offerors may elect to limit their proposals to any category or categories.

SHI Response:

SHI is pleased to offer Region 4 ESC our full catalog of cloud products. We have more than 400 vendors we are selling cloud-based products for today and this category is rapidly growing. We have included below a sampling list of those vendors.

In addition to the cloud-based products, SHI is offering our entire catalog of solutions to ensure Region 4 ESC members have access to purchase solutions based on the current and evolving needs of the IT environment.

Manufacturer
1Path Cygilant Intresys ProCloud
365 Labs Cylance iOffice ProofPoint
Accelera Databank ITI Propeller Aero
Agile Access Control
Inc
DemTech Voting
Solutions Kuder RDE Systems
AgileBits DH Wireless Labyrinth Solutions Inc Ready Education Airnet DigiStamp LawVu
ReadyOp
Communications
AKA Enterprise
Solutions
Digital Construction
Works Inc Legal Suite Redapt
Asorb Envoc MediSked, LLC SecureDynamics
Asset Panda Eplexity MedProctor LLC SecurityScorecard
Astadia Esi Acquisitions Merit International Securly
Bonfire Interactive Ltd. Futurity IT, Inc. NBEnvironmental Streetlight Data Region 4 Education Service Center PAGE 26
BrightBytes G2lytics NCCER Submittable
CASK LLC Gold Systems On Point Tech ThreadFin
Catch Intelligence Google OnCell Systems Inc. ThreatAdvice Change and
Innovation Agency GovInvest Inc. OnCorps Report Thycotic Cherwell GovQA OneLogin Trace First
Circuit Tree LLC Grant Thornton OneVision Transformyx
Citrix GrantVantage Online Web Services US
Transvault
Software Ltd
CityBase Inc GreenRope Opencounter Trifacta Inc
Civitas Learning
GrenCourt Legal
Technologies, LLC OpenDataSoft TriTech
Clairvoyant Grow Tix OpenGov Trust First
Clckwrk Inc. GTY
OpportunitySpace Inc.
(D.B.A. Tolemi) Tumbleweed Press
Clearwater Solutons Helix Innovations LLC OtisEd
Turnkey Cyber
Solutions
Cloud Cyber Range HireRising Pacify Health LLC UiPath
Cloudmersive, LLCs HireVue Page Scholar Unite USA
CloudNimble HoB Paladin Data Urban Logiq
CloudPWR Hoonuit Panther International US eDirect Inc
Cludo Inc. Hyland Panzura USEReady
Region 4 Education Service Center PAGE 27
Pricing:

CATEGORY TYPES OF PRODUCTS

DISCOUNT FROM

ADVERTISED
LIST
Software
SW: SW-GEN-14-3
All Cloud Products*
*Note: AWS Direct Customers wishing to move to SHI minimum .50% discount off SHI Advertised List Price

1.00%
SW: SW-GEN-14-3
All Software Categories, Operating Systems, Security,
Administrative, Backup and recovery, Development
Products,Database Software

1.00%
Services
Professional
Services
All services will be handled and created custom per SOW provided
Hardware
HW: A
Cables (Network, Signal, Fiber Optic, Power), Cameras,
Surveillance video, Security Cameras and Access Control Systems, Videoconferencing Systems

4.50%
HW: B
Computer Accessories (Keyboards, Mice, docks, Flash Memory, speakers), Telephones Sets, Headsets, Headphones, Network Routers, Channel Converters, Equipment and phone cases.

4.50%
HW: D Racks and Rack Hardware 4.50%
HW: E Batteries, Uninterruptable Power Systems, Battery Chargers 4.50% HW: F Memory Modules, RAM, DRAM, SDRAM, Pen or Flash Drives 4.50% HW: H
Hard Drives, Disk Arrays and Array Controllers, Power adapters and Inverters, Network Interface Cards & Network Switch Products, Multimedia Storage Products,

4.50%
HW: HW6-1 Notebook computers, Tablets, Servers, Point of Sale, Desktops, Thin Clients, Workstations, All in One Desktops 1.00%
HW: J Maintenance, Warrantees, etc. 4.50%
HW: Q Flat Panel Display monitors, Large screen Monitors, TVs 2.00% HW: R Printers (Ink Jet, Laser, Matrix, Line Matrix, Label), Scanners, Multifunction Machines 4.50%
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HW: T Power Products, PDUs, Power Supplies, Power Monitors 4.50% All Other
Other All other undefined categories that SHI is able to offer to Vizient Members Per SOW
Sample Professional Services Rate* Card for SHI:
*Pricing is a sample and can vary on location, minimum billing requirements and other relevant variables. These rates do not include travel expenses. SHI reserves the right to review and update rates on an annual basis.
ii. Include an electronic copy of the catalog from which discount, or fixed price, is calculated. Electronic price lists must contain the following: (if applicable) • Manufacturer part #
• Offeror’s Part # (if different from manufacturer part #) • Description
• Manufacturers Suggested List Price and Net Price
• Net price to Region 4 ESC
Media submitted for price list must include the Offerors’ company name, name of the solicitation, and date on a Flash Drive (i.e., Pin or Jump Drives).

SHI Response:

SHI is providing our full catalog of cloud publishers found at https://texas.gs.shi.com/. This catalog provides ESC Region 4 access to advertised pricing along with associated discounted price to ESC members.

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iii. Public Cloud Service Providers (CSPs) – For each CSP your company is authorized to resell please:
a) Specify the Service Model(s) and Deployment Model(s) supported as defined by SP 800, The NIST Definition of Cloud Computing.

SHI Response:

SHI’s Cloud Practice
SHI’s cloud practice gives customers more visibility and control over their cloud environment without limiting functionality or hindering the user experience of what a cloud platform has to offer. SHI supports these major Cloud Service Providers (CSPs):
• Amazon Web Services (AWS)
• Google Cloud Platform (GCP)
• Microsoft Azure (Azure)
We do the heavy lifting where the customer needs it: aggregation of products and services, financial chargeback, management, performance rightsizing, and analysis. SHI collaborates with engineers and partners credentialed in top cloud platforms and compatible products such as AWS, Box, CommVault, One Login, Veeam, Symantec, VMWare, Cisco, Microsoft, and others, providing the customer a one-stop shop. We specialize in cost optimization, billing management, and governance, as well as infrastructure management and professional services. Today, SHI is AWS’ largest reseller spanning many different industries such as financial services, pharma, and SaaS.

Overview
• We manage over $20M per month in IaaS assets for our clients. • We provide tools and resources that help clients track their cloud assets and where their costs are going.
• We help align cloud usage and spend with clients’ business processes while they take advantage of the benefits underlying platforms have to offer. • We bring forward the best resources, partners, and technologies for getting the most out of your cloud and hybrid environment.

Transformation to Cloud Solutions
Cloud-Based Solutions have changed the dynamics of pre-sales, acquisition, and on-going IT management. To keep up with new demands, SHI has developed processes and support to address Cloud consumption-based models, and we have resources dedicated to emerging partners to support our customers’ growing needs.

New licensing models
As licensing standards change to meet the demands of a mobile-first and cloud-first world, there is an emphasis on the “dual-user." A dual-user is someone who uses technology for school or work, as well as privately. As new licensing models arrive, SHI helps users make sense of the varied cloud-based solutions in order to efficiently license, adopt, and consume these technologies. Always sensitive to price-point, SHI simplifies asset management through selfprovisioning and self-service agreement/account management.

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SHI Support Services
SHI’s Cloud Support Services provide insight into your cloud environment, allowing us to make tangible recommendations that benefit your organization. We can help identify overprovisioned or dormant resources, analyze historical usage to determine more favorable pricing models, and provide ongoing monitoring to ensure you’re staying on track with a secure, cost-efficient, and optimized cloud environment. SHI delivers industry standard and custom offerings through our Assess, Design, Build, and Manage methodology to integrate leading cloud technologies to your environment. Our certified solutions architects and technical consultants combine their technical expertise to deliver services that optimize the business and IT benefits of public, private, and hybrid cloud technologies.

Our support services include:
• Cloud Platform(s) Service Onboarding: Cloud Adoption starts with onboarding into one or more cloud platforms. We have standardized our approach to determine available cloud functionality and overcome billing and security challenges, all while providing guidance on best practices. • Net Terms Billing: Organizations need flexible payment terms to consider CAPEX vs. OPEX, extended net term billing options, financing, account consolidation, financial chargebacks, and pricing program assistance. SHI collaborates with you to understand your billing requirements and provide a variety of billing options to fit your specific needs.
• Reporting & Analytics: Capturing your organization’s cloud costs and usage allows us to facilitate meaningful business decisions that are crucial for productivity. We will assess your metadata for multiple cloud platforms into a consolidated view as well as provide a guided analysis based on years of consulting experience with enterprise clients.
• Always Available Support: When you have a critical issue, you need to count on superior support. Our Cloud support team of certified cloud account managers, cloud solution architects, and our 24x7 Cloud Service Desk is available to provide technical support throughout your cloud journey. • Cloud Spend Optimization: Cloud costs don’t have to be unpredictable and difficult to manage. We provide proactive guidance based on your cloud usage and growth plans to help you reduce costs and optimize your cloud infrastructure. • Advisory Services: Whether you are in the process of evaluating your cloud strategy or need in-depth architectural support, we have the vision, technical expertise, and range of services to guide you.
• Volume Licensing Expertise: We can help you move your licenses to the cloud, select the right buying program(s), maintain licensing compliance, and best of all, avoid audits! Our licensing experts will identify, monitor and optimize your software assets to ensure you receive the most value in your IT investment.

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b) Provide proof of your company’s authorization to resell  For CSPs primarily engaged in delivery IaaS/PaaS, proof of authorization to resell must come for CSP
SHI Response:

Please see section Partner – Letters of Authorizations to resell the following IaaS/PaaS products:
• Amazon Web Services
• Google
• Microsoft
 For CSPs primarily engaged in delivering SaaS, proof of authorization to resell may come from either the CSP or an authorized distribution channel SHI Response:

Please see section Partner Packages at the end of our response document. c) Copy of (or link) any current CSP Service Level Agreement (SLA) SHI Response:

Please see section Partner – Terms and Conditions for SLA information on the following products:.
• Amazon Web Services
• Google
• Microsoft
d) Copy of (or link) for any other relevant terms and conditions that may be required by the CSP SHI Response:

Please see section Partner – Letters of Authorizations to resell the following IaaS/PaaS products:
• Amazon Web Services
• Google
• Microsoft
e) CSA STAR Self-Assessment
 All proposed public CSPs must achieve a LEVEL ONE: CSA STAR Self- - Assessment by completing a Consensus Assessments Initiative Questionnaire (CAIQ) or submitting a report documenting compliance with Cloud Controls Matrix (CCM) that is current and publicly available at the CSA Star Registry.

SHI Response:

The scope and requirements of this RFP are such that it would be extensive to include all of the cloud-based offerings that SHI has in its catalog today. Instead, we commit to adding products and solutions over the course of this contract as new technologies emerge or as customer needs arise.

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SHI is responding today with offerings from AWS, Google and Microsoft, please see below for CSA Star Assessment links.
• Amazon’s response to the CSA STAR Assessment can be found here:
https://aws.amazon.com/compliance/csa/
• Google’s response to the CSA STAR Assessment can be found here:
https://cloud.google.com/security/compliance/csa
• Microsoft Azure’s response to the CSA STAR Assessment can be found here:
https://docs.microsoft.com/en-us/compliance/regulatory/offering-csa-star-selfassessment Private Cloud Infrastructure - Describe your capability and approach to providing private cloud environments to your Customers. For each CIP your company is authorized to sell, please:
a) Specify how its solutions are relevant to private cloud infrastructure SHI Response:

SHI provides a full range of capabilities across the Private Cloud Infrastructure spectrum. We partner with industry leaders such as VMware, Nutanix, and all tier 1 infrastructure and software manufactures to help support our customers on premises and off premises Private Cloud Infrastructure requirements. SHI provides a full catalog of options which will include a broad range of vendors. We are happy to provide proof of authorization as requested at time of quoting. b) Provide proof of your company’s authorization to resell  Proof of authorization to resell may come from either the CIP or an authorized distribution channel
SHI Response:

SHI is providing a full catalog option which will include hundreds of various vendors. We are happy to provide proof of authorization as requested at time of quoting.

Cloud Application – Describe your capability and approach to:
a) Modernizing and migrating legacy applications to run on Customer clouds SHI Response:

Fully realizing the possibilities of the cloud requires rethinking how organizations manage their workloads. Whether your migration or modernization effort is focused on public or private infrastructures or building a hybrid environment, SHI will support your journey. With experience supporting multi-cloud environments, SHI has expertise helping organizations evaluate migrating complex workloads, consider different approaches for different clouds, reduce migration time with automation, and help organizations realize an improved business time-to-value.

Because migrating and modernizing legacy systems is a major undertaking with many possible paths, SHI provides paid Cloud services which begins by evaluating your requirements and advising on the appropriate course of action. Through our assessments and evaluations, SHI’s application and cloud experts can provide insights into your current database and application architecture, usage, resources, and dependencies.

Additionally, SHI can analyze the optimal method for migration and modernization with a “Six-Rs” analysis. This analysis considers the possible ways an application could and should be moved to Region 4 Education Service Center PAGE 33
a cloud. These possibilities include Retaining on premises, Retiring the application, Replacing with another service or SaaS, Rehosting the application in its current form, Replatforming the application, or Refactoring the application with native cloud services. By thoroughly reviewing these applications, SHI can guide you through the options, risks, and benefits for migrating these applications to the cloud in their current form or with modern cloud techniques that utilize native services.

In addition to our own internal capabilities, SHI has a highly vetted subcontractor network that can provide paid assistance Cloud services around the following:
• Migrations
• Virtualization
• Containerization
• Virtual Desktop Infrastructure
• DevOps
• Cloud Hosted Databases
• DRaaS
b) Developing and deploying new applications to run on Customer clouds SHI Response:

Evolving business requirements sometimes exceed the capabilities of existing applications. In some of these cases, it may become necessary to develop and deploy new applications in public clouds. Frequently this also means leveraging the latest in native cloud technologies. Based on the scope of the project, SHI can assist with this by ensuring that best practices are followed throughout the cloud adoption journey. SHI provides paid Cloud services which begins by understanding the purpose and requirements of the initiative in order to advise on the appropriate course of action. Based on the requirements, SHI’s services and solutions organization of internal and 3rd party partners and subcontractors can offer various types of support.

In most cases, SHI follows a multi-step process of assessing, designing, building, and implementing a solution. Whether upgrading or a replacing, SHI helps you take your legacy applications to the next level. We create a future-state roadmap for your legacy applications for cloud and retool your infrastructure bringing enhanced capabilities to business long term.

Beyond applications, a common challenge for many organizations deploying cloud applications is governance and security. As a partner of AWS, Azure, and GCP, SHI frequently advises customers about best practices for cloud environment health and governance. This includes solutions such as landing zone designs, cost optimization, and infrastructure modernization, and cloud security solutions.

Managed Cloud Services – Describe your capability and approach to managing cloud services to Customer running solutions on public and/or private clouds SHI Response:

Organizations are moving their workloads to cloud to scale, keep up with remote workforces, and improve flexibility, but often internal IT departments don’t possess the skills to effectively maintain and expand their cloud environment. As organizations accelerate innovation, take greater risks, and enjoy more Region 4 Education Service Center PAGE 34
adaptable operations, SHI’s provides paid Cloud services and solutions which enable you to maximize and align cloud resources with your business and IT goals.

SHI helps our customers reimagine their possibilities by providing dependability through our Public Cloud managed services. These paid services can include assistance such as cost optimization, patching and change management, service and incident response, securing workloads, monitoring and alerting, cloud backup management, and other solutions. Depending on the service tier provided, SHI can provide 24x7 technical support.

SHI has multiple capabilities working with partners as shown in the Letters of Authorization following this section. In addition to our own internal capabilities, SHI has a highly vetted subcontractor network that can provide paid assistance for certain Cloud services as well.

Services – Describe any additional cloud services
SHI Response:

Cloud Optimization is crucial, especially for organizations in the midst of transforming workloads and modernizing applications to leverage the public cloud. SHI has developed a one-of-a-kind paid Multi-Point Cloud Optimization Assessment structure designed for customers who are trying to get the most from their cloud investment.

Our exclusive Cloud Optimization methodology does not solely focus on cost; it also addresses architecture and governance tuning to leverage the dynamic pricing and scalability models of the cloud.

For qualifying customers, SHI will address the Compute, storage and network optimization. SHI can check governance policies currently in place, gain improved visibility and insight to stay ahead of future optimization efforts, including tagging, account structure, alerts, reports, policies and licensing which are all essential for budgetary forecasting.

SHI O365 Optimization
In addition to the details above, another example of SHI’s cloud service optimization capabilities are SHI helps customers gain insight into user-based consumption in order to help remediate the sprawl we see that lead to overspending. Our ITAM experts will help you achieve centralized visibility across any number of tenants and agreements. We can automatically perform subscription provisioning, de-provisioning and re-tiering in the O365 portal. SHI offers three subscriptions: Standard (Value Add), Professional and Premier (Fee-Based), that ranges from providing insight (Standard) to an ongoing managed service where SHI implements optimization recommendations for you (Premier). iv. Is pricing available for all products and services? SHI Response:

Yes, SHI is uniquely positioned to provide best pricing for all of your IT needs and has established longtenured relationships with all major OEM’s and emerging partners. We accomplish this by working with your team to understand your requirements and addressing your technology needs early and often. v. Describe your unique offerings or attributes of your company and/or cloud solutions offering as compared to your competition and how its differentiators provide additional value to Region 4 and OMNIA Partners members
SHI Response:

As cloud technologies have progressed, SHI has worked to keep up with these ever-growing changes.

Our cloud portfolio has grown exponentially over the past five years, and we have developed our cloud Region 4 Education Service Center PAGE 35
solutions team and services to meet the evolving needs of our customers. SHI takes pride in delivering the best technology with the top leaders in the industry, and it is our goal to help our customers understand every aspect of cloud technology – from implementing, managing, and troubleshooting their cloud solution. We recognize with our customers, especially our education customers, that every dollar counts; we will work to provide the best pricing that our customers are eligible for and continue to assist in evaluating cloud costs with support from our cloud services team. vi.

SHI Response:

Not Applicable, no question here.
vii. Provide pricing for warranties on all products and services.

SHI Response:

SHI will apply any appliable publisher warranty.
viii. Describe any additional discounts or rebates available. Additional discounts or rebates may be offered for large quantity orders, single ship to location, growth, annual spend, guaranteed quantity, etc.

SHI Response:

SHI is not offering incremental sales volume growth rebates at this time. SHI is however offering Region 4 ESC our most competitive pricing upfront.
ix. Describe how customers verify they are receiving Contract pricing.

SHI Response:

SHI facilitates several Public Sector contracts across the State of Texas to ensure customers procure the best technology at the most competitive prices possible.

The proposed pricing model discount is based off of SHI's Advertised List Price, which is a verifiable source, referenceable 24/7/365 at https://texas.gs.shi.com/. SHI Advertised List Price is based on current market conditions and in many cases, already reflects a substantial discount off Manufacturer Published List prices, where a list price exists. SHI's internal support regularly analyzes the current market to verify that SHI Advertised List Price is competitive.

We offer best pricing to our customers at the time of purchase. Given the breadth of manufacturers and products that SHI offers, opportunities for SHI to secure additional discounts for eligible contract users are plentiful. We work to provide your contract users with the most advantageous pricing available, and we go above and beyond the minimum discounts offered, whenever possible and as often as possible. x. Describe payment methods offered.

SHI Response:

SHI offers several billing options. Your dedicated SHI Account Team will work closely with Region 4 ESC to understand your billing needs and will work in coordination with your assigned SHI Accounts Receivable representative to establish a billing method that works for you.

Transactional Invoices
At the time of shipment, SHI will provide an invoice for each shipment under each customer purchase order number. Our standard payment terms are Net 30 Days.

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Monthly Summary
The SHI consolidated billing option can offer tremendous savings; at the end of each month a single invoice will provide a detailed account of all transactions processed for that month. SHI’s standard payment terms for monthly invoicing are Net 30 days.

Corporate Procurement Card
Many of our larger customers have implemented a Corporate Procurement Card Program, which SHI supports through our acceptance of MasterCard, Visa, and American Express. SHI provides Level II reporting data for credit card transactions, which means we are able to provide order header information on your credit card statements.

Financing
SHI Capital offers flexible payment solutions for our customers to finance 100% of their equipment, software, and services with 0% down payment, allowing them to preserve cash and accelerate their ROI while hedging against inflation and keeping updated with the latest technology. Let us suggest a customized, flexible payment solution to match the budget requirements that offer several different outcomes at the end of your finance agreement.
xi. Propose the frequency of updates to the Offeror’s pricing structure. Describe any proposed indices to guide price adjustments. If offering a catalog contract with discounts by category, while changes in individual pricing may change, the category discounts should not change over the term of the Contract.

SHI Response:

SHI is proposing a discount off SHI Advertised List Price. therefore Region 4 ESC will be presented with most up to date discounted pricing.
xii. Describe how future product introductions will be priced and align with Contract pricing proposed.

SHI Response:

SHI is committed to providing you with a pricing model that will stand the test of time throughout the contract term, based upon two primary values: customer-centric approach and honest pricing. xiii. Provide any additional information relevant to this section.

SHI Response:

Not Applicable.

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PARTNER – TERMS AND CONDITIONS
• AWS Terms and Conditions
o Please see section Partner Packages at the end of our response document. • Google, through Carahsoft as Google’s single-source distributor for Public Sectors Terms and Conditions:
o Workspace (Public Sector)
o Workspace for Education
o GCP
o PSO
• Microsoft Azure Terms and Conditions with Instructions:
o Azure Terms
Then choose “General Service Terms”
Region 4 Education Service Center PAGE 38

PARTNER - LETTERS OF AUTHORIZATION
Please see the following pages for authorization to resell the following products:
• AWS
• Google
• Microsoft
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AWS – Letter of Authorization
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Google / Carahsoft – Letter of Authorization
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Microsoft – Letter of Authorization
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TAB 3 – PERFORMANCE CAPABILITY

2.b) Performance Capability
i. Include a detailed response to Appendix D, Exhibit A, OMNIA Partners Response for National Cooperative Contract. Responses should highlight experience, demonstrate a strong national presence, describe how Offeror will educate its national sales force about the Contract, describe how products and services will be distributed nationwide, include a plan for marketing the products and services nationwide, and describe how volume will be tracked and reported to OMNIA Partners.

SHI Response:

Please see Appendix D, Exhibit A tab below.
ii. The successful Offeror will be required to sign Appendix D, Exhibit B, OMNIA Partners Administration Agreement prior to Contract award. Offerors should have any reviews required to sign the document prior to submitting a response. Offeror’s response should include any proposed exceptions to OMNIA Partners Administration Agreement on Appendix B, Terms and Conditions Acceptance Form.

SHI Response:

Please see Appendix D, Exhibit B tab below.
iii. Include completed Appendix D, Exhibits F. Federal Funds Certifications and G. New Jersey Business Compliance.

SHI Response:

Please see Appendix D, Exhibits F and G tabs below.
iv. Describe how Offeror responds to emergency orders.

SHI Response:

In general, nearly all cloud-based software offered through this response will be delivered through a download or another electronic method. In situations where physical product is required SHI can offer expedited delivery if the order is placed before the cutoff time and the product is in stock. Fees may apply.
v. What is Offeror’s average Fill Rate?
SHI Response:

Per Q&A - Not applicable to this RFP.
vi. What is Offeror’s average on time delivery rate? Describe Offeror’s history of meeting the shipping and delivery timelines.

SHI Response:

Per Q&A - Standard language; if applicable to your offering please provide shipping & delivery timelines. vii. Describe Offeror’s return and restocking policy.

SHI Response:

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SHI’s return policy is customer-centered – we will always do our best to accommodate returns for any unopened box up to 30 days after receipt. Rarely, a customer might receive an incorrect, damaged, or non-working (DOA) product; if a product issue occurs, SHI accepts return of that product within 30 days, with no restocking fees, regardless of the package being opened. After 30 days of receipt, SHI will still make a best-faith effort to accommodate a return.

Occasionally, the product manufacturer has a “no returns” policy; in these cases, we notify customers at the time of quote to ensure transparency and confidence in purchase. In these specific instances, SHI is unable to accommodate returns.

Our return process is simple:

To request a return, first contact your dedicated sales team, via email, phone, or through the “Request Return Authorization Number” section on the SHI.com website.

Your Inside Account Manager will then provide you with a return authorization (RMA) number, along with a shipping label. With the RMA number clearly included on the shipping label, the customer then ships their return to SHI, and we process the return. In some cases, to expedite a return, SHI will arrange to have the return-product picked up directly. Once the return has been fully processed, SHI will credit the customer’s invoice. In addition, we send out replacement orders prior to receiving returns in order to expedite the process for the customer.

Occasionally, Software Publishers may require a customer to fill out a Letter of Destruction. In these cases, SHI provides a letter to customer, who signs and returns it to us. To help simplify and expedite the process, SHI takes care of the rest – processing the Letter of Destruction directly with the Software Publisher. At any point, if customers encounter issues with their products, the SHI Account Team is accessible and eager to help!
More information and details are available at SHI’s GS Return policy link:
https://texas.gs.shi.com/CustomerServices/SHIInfo.aspx?ContentId=768. viii. Describe Offeror’s ability to meet service and warranty needs.

SHI Response:

SHI can offer 3rd party, non-manufacturer warranties that will allow customers to extend the life of mission critical devices with world-class service and support. These upgraded warranties are offered for an additional fee.

SHI Complete Care warranty programs allow customers to maximize their warranty benefits at minimal costs. Leveraging our partner network, SHI has managed to secure standard product manufacturer warranties for most customers at no charge for the first year. With the addition of SHI Complete Care, the same level of warranty services is provided for subsequent years – generally at a cost far lower than an equivalent manufacturer’s warranty. Additionally, SHI Complete care customers pay no deductibles for claims.

Your SHI Complete Coverage can begin on the date of purchase or after the manufacturer’s warranty expires, and coverage is not affected by what the limited manufacturer warranty offers. Our Warranty Services alleviate multi-year budgeting constraints and deliver service when and where you need it! Included in Product Protection Services in basic triage and remote diagnosis; 24-hour advanced exchange, depot service, and three-way shipping. As an additional benefit, our warranties protect against accidental damage, including drops, spills, and cracked screens.

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Finally, SHI offers post-warranty and maintenance agreements for products that are still viable and in use.

If you maintain equipment under a warranty that is about to expire – or already has expired – SHI’s postwarranty and maintenance agreements keep you covered. Our field engineers serve as an extension of your IT organization and deliver reliable, efficient, and customizable hardware maintenance support. Our program can consolidate multiple vendor agreements, and equipment can be added or removed from coverage at any time.

We provide affordability and reliable alternatives to manufacturer maintenance agreements, and flexible contracting provides 40-60% cost-savings from OEMs to your organization. Our Level III engineering teams—hired directly from OEMs and averaging over 15 years of experience—have helped us earn extraordinary trust with our customers and are available in every major metropolitan area throughout North America.

In collaboration with our partner network, SHI can access over 50 service locations and 110 global stocking locations to support your needs, no matter where the equipment is located. ix. Describe Offeror’s customer service/problem resolution process. Include hours of operation, number of services, etc.

SHI Response:

In general, SHI manages issues through the prioritization of your requests. Your dedicated SHI Account Team will escalate requests both internally and through our OEM partners, as required. SHI is committed to prioritizing customers interests and will be an advocate for your organization to resolve any issues. SHI is committed to providing Region 4 ESC with the resources you need to ensure high quality customer service in the support of your agreements. The team is committed to dedicating as much time as required to meet the required service levels. SHI's escalation process is simple and straightforward. You may escalate a question to the next level at any time that you feel is appropriate. Also, you can rest assured that, if necessary, your SHI representative will escalate an issue internally for resolution.

SHI is committed to your total satisfaction and has been and will continue to be willing to make the changes necessary to the account/support team and any levels of service, as required, to resume business continuity and restore harmony.

A key aspect of SHI's Quality Management System is our attention to performance by reviewing metric data. All departments must work together to meet SHI's Quality Objective. A breakdown in one area may Region 4 Education Service Center PAGE 47
result in a delay in other areas. When all departments meet their objectives, SHI can meet or exceed our customers' expectations.

SHI encourages our customers to send emails to our Director of Quality at [email protected]. The Director of Quality reports customer feedback to Top Management and Department Leaders at SHI. As necessary, they will respond to the customer's comment, assign a corrective action, and follow up with the customer to ensure that the issue has been resolved.

SHI is prepared to report on and take corrective action related to service incidents on a company-wide basis through our ISO 9001:2015 Quality Management System. SHI is committed to acting quickly and effectively to resolve any issues that may arise.

Our public sector field territories are structured by vertical and geography. With Account Executives (AEs) who live and work in their territories, our emphasis is on frequent, consistent, face-to-face communication with customers. Each AE is supported by a team of Inside Account Managers (IAMs) who are responsible for day-to-day customer service and questions surrounding quotations, order placement, and general concerns. Our inside sales teams coordinate an extensive network of additional support and resources behind the scenes and will work to get any question you have answered quickly and accurately.

SHI provides support to our customers between the hours of 8:00 am – 8:00 pm in every time zone.

Individual team hours depend on the location of customers and contractual requirements. We are only completely closed on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Support is available every other business day of the year. Furthermore, SHI.com, SHI's e-commerce platform, is available to our customers 24/7/365. x. Describe Offeror’s invoicing process. Include payment terms and acceptable methods of payments.

Offerors shall describe any associated fees pertaining to credit cards/p-cards.

SHI Response:

Transactional Invoices
At the time of shipment, SHI will provide an invoice for each shipment under each customer purchase order number. Our standard payment terms are Net 30 Days.

Monthly Summary
The SHI consolidated billing option can offer tremendous savings; at the end of each month a single invoice will provide a detailed account of all transactions processed for that month. SHI’s standard payment terms for monthly invoicing are Net 15 days.

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Financing
SHI Capital offers flexible payment solutions for our customers to finance 100% of their equipment, software, and services with 0% down payment, allowing them to preserve cash and accelerate their ROI while hedging against inflation and keeping updated with the latest technology. Let us suggest a customized, flexible payment solution to match the budget requirements that offer several different outcomes at the end of your finance agreement.
xi. Describe Offeror’s contract implementation/customer transition plan.

SHI Response:

SHI understands the issues for our customers to transition their OEM agreements and procurement from one SHI to another. With the hurdles that our customers face in mind, SHI will create and execute a seamless implementation plan with as little disruption to customer as possible. Please find below an overview of SHI’s implementation plan. More details can be added, as we work together to understand all of the requirements.

Transition Schedule
Please see the details below pertaining to SHI's transition schedule activities:
• The Account Executive would handle all contract negotiations, ensuring closure to support implementation of the program.
• After the contracts are completed, SHI would request a ramp up time window, to be determined by SHI and customer.
• A Program Management team would be formed to support customer; including members of the SHI Dedicated Account Team.
• A kick-off Sales/Operations meeting would take place to thoroughly review all customer requirements in detail. Parties in attendance would include members of your dedicated SHI Account Team along with additional SHI resources who will support the Contract. This review will follow the tentative schedule below:

Week One:
• Service Levels: Review of the customer requirements to ensure the implementation plan adheres to all expected and agreed to service levels for the services identified to be performed by SHI at the various levels.
• Dedicated Account Team Staffing: Begin process of naming primary and secondary IAM’s and Licensing Executives for all customer’s IT procurement activities. • Assets: Begin process of defining customer’s current assets and requirements. • Previous/Existing Service Customer Transition Plan: Discussion regarding any obligations from any previous or current service provider, identifying areas of assistance SHI can provide in transition plan.
• Week One Program Management Review
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Week Two:
• Customer to identify details and conditions.
• Customer/SHI to notify manufacturers of change in Reseller on the Agreements. • SHI to create overview documents of each agreement for access by all Account Team Members. • Customer/SHI to identify new agreement opportunities. • Order Process Flow: A complete review of required order flow processes would take place, ensuring any modifications to standard processes to meet the unique requirements of customer are documented and communicated across the entire support team. • Week Two Program Management Review
Week Three:
• Orientation: Both SHI and customer would receive orientation as to responsibilities, requirements, standard operating procedures as well as critical tasks and timelines. Important areas of review will be customer specific training on purchasing policy and procedures, ordering procedures and specifics, points of contact within customer environment to include but not limited to the Technical Staff, Operational Staff, Third Party SHIs and others as deemed appropriate. • Training on Value-Added Tools: Training to identify customer staff on how to utilize tools such as order status tracking, Report Factory, License Management System, License Allocation System, License Redeployment Management Service and SHI Direct.com comparison features. • Week Three Program Management Review
Week Four:
• Week Four Final Program Management Review: Meeting to review all pieces to ensure cohesive program planning. Implementation plan finalized with go-live date solidified. • Pilot: A selected number of orders will be run through the process identified for real-life scenarios to gain final approval for all procurement activities. Once this has been agreed as operational by all parties, the go-live date will be confirmed.
xii. Describe the financial condition of Offeror.

SHI Response:

SHI Government Solutions is a privately held company under the same ownership since 1999, and we have a financially strong and stable business model that has proven itself over time. In 2021, we transacted business with more than 600 unique public sector entities across the State of Texas, recognizing revenues at more than $380 Million. We are sufficiently capitalized and funded to support the full scope of services and full potential term of any contract resulting from this RFP without jeopardy to any other ongoing or future business endeavors. SHI-GS’s gross annual sales for the prior five years are:

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xiii. Provide a website link in order to review website ease of use, availability, and capabilities related to ordering, returns and reporting. Describe the website’s capabilities and functionality.

SHI Response:

As part of SHI's Procurement Services, SHI will provide a web-based procurement platform, https://texas.gs.shi.com/. Our platform offers the latest in functionality and the greatest in a user‐friendly interface. SHI.com also offers functionality explicitly designed for business‐to‐business. Whether used as a stand‐alone procurement system or integrated with the customer's current procurement systems, SHI.com provides the functionality and customized user experience needed to manage your I.T. procurement workflow.

The SHI E-Commerce Specialists are available to provide training to those employees authorized to access contract pricing and information at SHI.com. SHI can schedule training based on the customer's level of access to the site. Upon award, your Account Executive will work with Region 4 ESC's stakeholders to determine the program and schedule that would work best for them.

SHI's Procurement Platform includes innovative Custom Catalog capabilities, which dynamically filter product offerings to provide SHI clients with personalized product information views. SHI clients can easily find and compare SHI's products. SHI can deliver a differentiated customer experience that simplifies purchasing, encourages repeat business, and boasts key metrics like frequently viewed products and contracts or standard items. We provide tremendous customization and seamless workflow that meets your unique needs.

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Users with the appropriate permissions can run the following types of reports on SHI.com:
• Invoicing
o 12-month spend manufacturer profile
o Invoice detail report
o Invoice detail for manufacturer report
o Invoice detail with serial numbers report
o Invoice detail with serial numbers and tracking report o Invoice summary report
o Product purchase history report
• Order
o Order detail report
o Shipped order detail report
o Un-invoiced order report
• Entitlements
o Maintenance renewal report
The user will select the report type, the date range for the report, and will enter the email address for delivery, up to an unlimited number. Also, you will select the format in which you want the reports, i.e., Microsoft Excel, HTML, tab-delimited text file, or fixed-width text file. Once the form is complete, our server will run the report and send the email with an attachment in the requested format. Our web-based reporting tool delivers 95% of all reports within 5 minutes.

SHI would look forward to the opportunity to demonstrate the full capabilities of this site to the Region 4 ESC.
xiv. Describe the Offeror’s safety record.

SHI Response:

Per Q&A - Not applicable to this RFP.
xv. Provide any additional information relevant to this section.

SHI Response:

Not applicable.

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APPENDIX D, EXHIBIT A – RESPONSE FOR NATIONAL

COOPERATIVE CONTRACT
i. Include a detailed response to Appendix D, Exhibit A, OMNIA Partners Response for National Cooperative Contract. Responses should highlight experience, demonstrate a strong national presence, describe how Offeror will educate its national sales force about the Contract, describe how products and services will be distributed nationwide, include a plan for marketing the products and services nationwide, and describe how volume will be tracked and reported to OMNIA Partners.

Appendix D, Exhibit A - 3.0 SUPPLIER RESPONSE
Supplier must supply the following information for the Principal Procurement Agency to determine Supplier’s qualifications to extend the resulting Master Agreement to Participating Public Agencies through OMNIA Partners.

3.1 Company
A. Brief history and description of Supplier to include experience providing similar products and services.

SHI Response:

SHI Government Solutions (SHI) welcomes the opportunity for partnership with OMNIA Partners as we deliver the following proposal in response to your invitation to secure a provider for the Contract for Total Cloud Solutions and Services. As a total IT solutions provider and a valueadded reseller, SHI is best and specifically qualified to meet the ongoing needs of OMNIA Partners, evidenced by our dedication to procuring top holistic IT solutions and partnerships, and our commitment to understanding the specific needs and requirements of our Texas government and education customers.

In 1999, SHI International Corp. dedicated a subsidiary sales force division to government and education sales. The new company, SHI Government Solutions, is incorporated in the state of Texas with its principal place of business in Austin. All state of Texas government and education contracts were assigned to SHI Government Solutions.

SHI International Corp., and subsequently SHI Government Solutions, has been a contract vendor for the state of Texas since 1994. Over our 27-year history supporting Texas public sector customers, we have consistently transacted business with education and government organizations throughout the Lone Star State including state agencies, local government, K-12, and higher education.

SHI offers custom IT solutions for every aspect of your environment from software and hardware procurement to deployment planning, configuration, data center optimization, mobility, and IT asset management. SHI offers next-generation cloud solutions to help customers accelerate to the cloud in the fastest, most secure, reliable, and cost-effective ways possible. Our infrastructure and integration services provide top-of-the-line solutions supported by the leading manufacturers, publishers, and providers in the industry.

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SHI has sustained consistent growth in not only our business, but also the expansion of our regional sales teams. Our success has stemmed from outstanding customer support through dedicated account teams,
constant development of
service and support
enhancements, strong
partnerships with industry
leading manufacturers,
and a company-wide
determination to be the
best in the industry.

Achievement to us is tallied primarily by the strength and endurance of our partnerships with organizations like yours. The success of our relationship with OMNIA Partners be founded upon three key principles:
• Our proven ability as a holistic IT solution provider to supply OMNIA Partners with an unsurpassed catalog of hardware peripherals, software, and services. • Our commitment to innovation, cost-reduction, and proactive customer service for OMNIA Partners.
• Our dedication to proactive communication and building relationships with representatives of OMNIA Partners at every opportunity.

We have focused our partnership with the fundamental purpose of improving processes throughout the Contract. Our approach to continuous advancement and innovation is demonstrated in SHI’s robust web portal, which provides order processing and asset management reporting.

With more than $380 million of technology products and related services sold to Texas government and education customers in 2021, SHI is a reliable and experienced IT solutions vendor to customers throughout Texas. Boasting the largest field sales team in Texas, we are confident that we are uniquely positioned to help OMNIA Partners focus on meeting their evolving technology needs.

SHI’s proposal incorporates our values and mission to deliver a high quality and high value service and support model for this contract and those using the contract. As you will see in Tab 3 – 3.3 G Marketing and Sales, SHI supports the state of Texas using an extensive team of local account executives and technical and licensing specialists, all of whom are proficient in supporting education customers. Our dedicated field account executives live and work in geographically concentrated territories, tailoring marketing and selling strategies for their customers. Our localized presence allows us to deliver products and services employing both the benefits of SHI’s broad partnership network and our incomparable customer-centric approach.

With SHI as your partner, you can trust in more meaningful account oversight and a guarantee that we are effectively collaborating with all geographies throughout Texas and with OMNIA Partners at a local level.

Our proposal responds directly to the prompts and requirements within OMNIA Partners request for proposal and validates how SHI is uniquely qualified to receive the position as the preferred supplier for the Total Cloud Solutions and Services proposal. With an engagement plan and Region 4 Education Service Center PAGE 54
customer support services designed to enhance OMNIA Partners’ current productivity and allow for better delivery of services to the staff and students of OMNIA Partners. SHI is poised to provide the OMNIA Partners and its affiliates with business continuity, improved services, and modern innovations. Our success is based on a foundation of customer centricity, accessibility, and consistency. We are pleased to present this proposal to you, and pledge to collaborate with you with integrity, transparency, and success – from products to partnership and at every step along the way.

Demonstratable Success
We thoroughly understand the business nuances, intricacies and contract management requirements articulated within the RFP, and we will ensure continued, determined success. The greatest strength we offer is the profound experience and dedication of our SHI team. We are eager to employ our vision forward to provide continued solutions for identifying and leveraging innovations that benefit all OMNIA Partners, and we’ve included concepts in our response that detail many of those modernizations. SHI is proud of the reputation we have established with our customers as an organization uniquely capable of understanding and addressing their specific needs and concerns – and OMNIA Partners will receive devoted attention from our local team members who call Texas home.

Expert Partnership
SHI is committed to providing the most advantageous pricing models and the most exceptional value; we recognize that our role as your partner is to support OMNIA Partners, providing expert best practices to keep your IT resources safe, secure, and operational: 24 hours a day, 365 days a year. As an OEM-neutral partner, we will take pride in helping you optimize your cloud solutions and services investment to create streamlined and efficient processes and aggregate your purchasing power to obtain the best pricing available.

SHI is recognized as a leading partner for all major Cloud Provider platforms, with the expertise and certifications to prove it. The mission of our cloud specialists has been to help organizations like yours choose the right platform strategy for their unique needs, creating highly tailored solutions that build on the individual strengths of platforms and technologies. Our success is shown through our cloud partners awarding us with recognitions and certificates that demonstrate our knowledge and ability to migrate, optimize, and modernize our customers cloud infrastructure.

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Quality and Commitment
We currently hold several state of Texas and Texas-based cooperative contracts and maintain successful partnerships with customers in every vertical: state government, local government, education (K-12 and higher ed), and healthcare. Through these often-complex contracts, we build connections to partner closely with each entity and dive deeply into the infrastructure, procurement, and regulation obstacles that they face. We provide our customers with complete, end-to-end lifecycle management by combining the abilities of our experienced field sales team, local technical resources, internal presales technical resources, and our widespread partner network.

SHI continues to adapt and grow with the ever-progressing IT industry, ensuring our customers have reliable, consistent, functional hardware and software – and technology services – regardless of circumstance. Now in our 23rd year of business, we specialize in results that are customized to our clients, including providing educational technology, grants support, and services that substantiate the expressed needs and requirements within this RFP. We are committed to providing OMNIA Partners with comprehensive and complete IT solutions.

At SHI, we measure our success not just by the bottom-line numbers on our spreadsheets, but by the quality of our relationships. We understand that our growing success stems directly from our purpose – to deliver exceptional value and experience as we help customers select, deploy, and manage their technology. And our passion, which remains focused on forging and nurturing relationships with our customers and with our colleagues and partners, will sustain us for decades to come as an industry leader.

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B. Total number and location of salespersons employed by Supplier.

SHI Response:

SHI-GS – 25 Account Executives and 22 tele-sales specialists.

SHI International – 165 Account Executives and 175 tele-sales specialists.

C. Number and location of support centers (if applicable) and location of corporate office.

SHI Response:

SHI supports clients from its Somerset, N.J. world headquarters and over 35+ global offices throughout the U.S., Canada, the U.K., Ireland, France, Hong Kong, Singapore and most recently, Australia. SHI's goal is to foster long-term, mutually beneficial relationships with its customers and partners daily. SHI’s strategic footprint grants global scale and local reach, allowing us to be both responsive and proactive when delivering a complete solution to our customers. As a privately-owned company with zero debt, we continue to reinvest in ourselves year after year to innovate new and improved client solutions for tomorrow’s IT challenges. SHI is an $12 Billion company with over 5,000+ employees. Please see the list below, which represents our global locations. In addition to the sites listed, SHI plans to expand our global footprint during 2021 to Germany and the Netherlands.

SHI partners with our major distributors to provide efficient product delivery across North America. This model reduces the overhead costs of maintaining additional warehouses, and our distribution model is also important to SHI’s own internal cost structure and subsequently allows us to offer our customers a very aggressive pricing model.

To further support our customers need for reliable stock, SHI is proud of our abundant and broad community of distributors and partners, and we work loyally to maintain relationships with both our large IT Distributors (Ingram Micro and TD Synnex) as well as smaller, local distributors and manufacturers directly. For every customer transaction, we source from the supplier with Region 4 Education Service Center PAGE 57
inventory in the closest proximity and drop ship directly to our customers’ door. Most products are, therefore, delivered within 3-5 business days of order.

SHI Government Solutions' headquarters is: 3828 Pecana Trail, Austin, Texas 78749.

SHI International Corp.'s headquarters is: 290 Davidson Avenue, Somerset, New Jersey 08873.

D. Annual sales for the three previous fiscal years.

SHI Response:

SHI-GS:
• 2021: $380 million
• 2020: $435 million
• 2019: $345 million
SHI International:
• 2021: $12 billion
• 2020: 11.1 billion
• 2019: $10.7 billion
a. Submit FEIN and Dunn & Bradstreet report.

SHI Response:

SHI Government Solutions Federal ID is 22-3695478.

SHI Government Solutions DUNS number is 14-724-3096
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E. Describe any green or environmental initiatives or policies.

SHI Response:

As a reseller and not a manufacturer, SHI naturally has a low impact on the environment.

However, we are always mindful of the environment and work to reduce any damaging effects from our organization while protecting our staff's safety and well-being.

Preserving the environment and fostering a sustainable future are crucial principles of our overall business strategy. Incorporating environmentally-friendly initiatives — whether internally or alongside our partners — minimizes the amount of yearly technology waste and maximizes our impact toward a greener planet.

Our environmental initiatives focus on four areas:
• Sustainable Solutions
• Securing Green Products
• Resource Usage and Efficiency
• Employee Awareness
SHI’s Sustainability Solutions
As a solutions provider and technology advisor, we are here to help you reduce, reuse, and recycle technology assets through our various eco-friendly solutions. Sustainability is a crucial part of SHI's overall business strategy.

Driven by the issues of rising energy costs, asset disposal, Restriction of Hazardous Substances (RoHS), and government regulations to reduce carbon footprint, SHI understands that “Green IT” in the data center is as much about business necessity as it is about corporate social responsibility. SHI recognizes that moving towards a green data center requires going beyond the data center and adopting a broad approach that drives behavioral changes and technology improvements. Providing a vendor-independent approach to data center efficiency, SHI is available to help our customers with the many questions and challenges faced in today’s data centers - from asset disposal to data center design.

Incorporating environmentally friendly initiatives into our business strategy helps us protect the planet and reduce IT hardware waste each year. In support of “Green IT," SHI’s sustainable solutions include Asset Recovery, Asset Disposal, E-Waste Recycling, Hardware Redeployment, Hardware Remarketing, and leveraging Cloud and Data Center Solutions to reduce carbon emissions derived from physical IT infrastructure. We have also recently added a Carbon Neutral IT Asset Disposition (ITAD) program detailed below.

The outline below are sustainable solutions that SHI can implement for your organization:
• Asset Recovery – We pick up your old equipment, take inventory of what’s still usable, and report our findings back to you.
• E-Waste Recycling – We hold multiple recycling events so you can quickly and properly dispose of unwanted devices.
• Hardware Remarket – We put your hardware back on the market if you cannot or choose not to reuse it.

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• Asset Disposal – We work with partners to ensure your old hardware is recycled correctly.
• Hardware Redeployment – We determine if your equipment is eligible for reuse and keep stock in our warehouse that you can redeploy at any time. • Cloud and Data Center Solutions – A study commissioned by AWS and conducted by 451 Research shows that enterprises can reduce their carbon footprint by up to 88% by leveraging the cloud. SHI has the expertise and people to help our customers get to the cloud smartly and take advantage of this and other cloud computing benefits. • IT Asset Disposition Program – The CO2NeutralTM Program is a practical, cost-saving option for businesses and organizations to receive top dollar cash and carbon credits for their aging and unwanted IT assets. For more information about our Carbon Neutral program, please contact [email protected].

To learn more about SHI’s sustainable solutions, please visit our website: IT Sustainability.

Securing Green Products
SHI has access to manufacturer product lines across all key solution groups and can source products with environmental certifications such as Energy Star and EPEAT. SHI will work on the customer's behalf to identify products with these certifications from our major OEMs.

Resource Usage and Efficiency
SHI's policy is to operate its business as an excellent environmental citizen committed to managing resources and concern for our environment's well-being. While SHI is not a manufacturer of the products we sell, we are not ignorant of its impact on the environment. We have no fumes, wastewater, or electromagnetic discharge coming from our facility.

Energy Efficiency
SHI’s goal is to consume less energy and reduce our environmental impact. Our goal is to reduce our power consumption by 1% per year. We take action through:
• Monitoring power consumption
• Utilizing advanced energy-saving systems such as automatic lights and energy-saving computer monitors.
• Use of materials from renewable resources, non-toxic materials, and recyclable items • Installing timers on facility lighting to reduce electrical consumption Region 4 Education Service Center PAGE 60
Waste Minimization
SHI encourages individual responsibility and supports waste minimization in the following ways:
• Striving to reduce paper consumption by 1% per year
• Monitoring the purchase of cut sheet paper
• Establishing a goal of 100% for recycling paper, plastics, glass, and cardboard • Comply with county and municipal recycling regulations by recycling paper, glass, plastic, batteries, and cardboard.
• Recycle toner, computers, and other office equipment according to EPA guidelines • Providing recycling facilities for paper, printer toners, etc. • Supporting double-sided printing and photocopying
• Using proper disposal or recycling of IT and electronic equipment per local regulations • Using appropriately licensed organizations to remove special waste (such as defective monitors or neon tubes).
• Donating IT assets to those who would not otherwise have access Carbon Neutral
SHI’s Carbon Neutral program offers customers incentive to support green initiatives because customers now have the option to trade their aging or unwanted IT assets for cash or Carbon Credits. To participate, customers will first contact SHI to identify the End-of-First-LifeTM technology requiring disposal, and SHI will provide an appraisal detailing what the assets are worth. If the customer accepts the offer, Carbon Neutral will securely pick-up and transport the IT assets to an ISO-Certified processing facility where the assets are audited, tested, de-branded, and wiped clean in accordance with National Institute of Standards and Technology 800-88 Guidelines for Media Sanitation. Lastly, these securely sanitized assets can be turned into cash by selling into established markets, or customers can opt to receive Carbon Credits.

Water Efficiency
SHI has installed water-efficient plumbing fixtures, which reduces water usage by 40%.

Greenhouse Gas Emissions
Our goal to reduce Scope 2 greenhouse gas emissions is a 1% reduction per year since our power consumption goal and Scope 2 greenhouse gas goal are directly linked.

Employee Awareness
SHI maintains our employees’ awareness of SHI’s commitment to reduce our environmental impact and limit our carbon footprint.

SHI's vow to sustainability extends beyond our organization as we look to raise awareness of sustainable practices with our customers and assist in their environmental initiatives. To help our customers maintaining environmentally friendly practices, SHI offers asset disposal and recycling programs to ensure the safe disposal of computers and office equipment. These programs are customizable to complement the customer’s initiatives while upholding EPA guidelines and regulations. Equipment will be redeployed within an end customer’s organization, donated to a Region 4 Education Service Center PAGE 61
recognized charitable organization, recycled to the fullest extent possible, or disposed of per EPA regulations.

Furthermore, SHI promotes sustainable practices for our staff and focuses on increasing employee awareness of environmental initiatives. SHI encourages employees to carpool and work from home offices when possible and has further reduced the travel-related environmental impact of our staff by promoting:
• Teleconferencing and other collaborative working tools to limit the number of business trips
• A Work-from-Home policy, when possible
• Flexible working hours
• Use of public transportation
F. Describe any diversity programs or partners supplier does business with and how Participating Agencies may use diverse partners through the Master Agreement. Indicate how, if at all, pricing changes when using the diversity program. If there are any diversity programs, provide a list of diversity alliances and a copy of their certifications.

SHI Response:

In 2004, SHI launched an executive initiative to increase SHI International Corp's presence in the minority business community and established a diversity business development program. An executive-level position was created to meet our customers' expectations for SHI's participation in their M/WBE development and 2nd Tier programs. SHI is the only M/WBE that maintains a fully staffed team dedicated to supplier diversity matters for our clients and vendor partners.

Why are diverse suppliers an essential part of SHI's mission statement and philosophy? The answer is simple. SHI sees diverse suppliers as the cornerstone of our organization's success, helping us in an exemplary fashion consciously source our products and services while maintaining profits, growing customers, improving the economy, and encouraging innovation.

Our team manages and distributes just over 200 diversity spend reports to our clients today. SHI continues to increase the number of diverse suppliers in SHI's Managed Partner Network, which our internal operational requirements alongside accommodating our clients to meet their specific governmental, educational and corporate diversity goals. Also, SHI annually sponsors and supports a little over 50 supplier diversity-related events annually, including corporate clientsponsored events that value diversity spends opportunities across the country. SHI is a Corporate Plus member and a sustaining annual contributor to the Business Consortium Fund of the NMSDC.

SHI’s Diversity Team
SHI’s Diversity Team seeks to enhance business opportunities with companies whose corporate objectives include supplier diversity. As a minority-owned (MBE) and woman-owned (WBE) enterprise, SHI is the country’s largest MWBE provider of information technology products and services. SHI also maintains its internal supplier diversity program and seeks to engage MBE and WBE suppliers to meet SHI product requirements and operational needs. Our Diversity Team brings broader, fresh ideas and new perspectives to the table for the good of everyone.

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MBE Partner Network and Initiatives
SHI has an active program to recruit minority, women, veterans, and disabled/small disadvantaged/HUB zone-owned businesses as "Go-To" partners for both SHI internal services and Client Services requests. This program's success is coupled with an executed Partner Teaming Agreement with minorities, women, veteran, and disabled/small disadvantaged/HUB zone-owned businesses. We actively mentor several groups seeking to promote them internally and to other SHI customers. To date, these businesses have gained entrée into several of SHI customers as a direct result of SHI's referral. Our diversity team engages our Director of Partner Network to attended supplier diversity events with the sole purpose of recruiting additional "GoTo" minority-owned businesses.

Tier II Program
The growth, development, and mentoring of minority, women, veteran, and disabled/small disadvantaged/HUB zone-owned businesses is a commitment SHI regards as crucial to our significant client's continued success. Capturing and retaining our clients' loyalty that value diversity spend is an integral part of our professional services strategy and mutual benefit. As a Large M/WBE, we continue to grow an effective Tier II program by accessing our Services Partner database utilizing qualified certified minority, women, veteran, and disabled/small disadvantaged/HUB Zone-owned businesses complements our major clients' overall supplier diversity program today.

SHI plays a key role as a Primary vendor or Tier I supplier to many of our major business segment clients today. We provide Tier I quarterly reports to 200+ clients today. By customer request, we also offer Tier II reporting where the totals reflect a direct link to our customer procuring professional services through a subcontract arrangement that is directly tied to the client's performed service.

SHI understands there is value along with a continued commitment on your organization's part to help increase your Tier II spend with minority, women, veteran, and disabled/small disadvantaged/HUB zone-owned businesses. In support of this commitment, SHI International collaborates with these diverse businesses as our sub-service providers to furnish your company when they meet your quality, service, and price standards.

Whether positioned as a prime supplier or a minority / woman-owned supplier, SHI International Corp. provides the same great level of outstanding products, services, and first-class support to our customers. SHI has successfully launched and is committed to growing its diverse business development initiative. We have paired with our Partner Network team to fully engage minority, women, veterans, and disabled/small disadvantaged/HUB zone-owned businesses.

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G. Indicate if supplier holds any of the below certifications in any classified areas and include proof of such certification in the response:
a. Minority Women Business Enterprise
☒Yes ☐No
If yes, list certifying agency: NY&NJ Minority Supplier Development Council and Women’s Business Enterprise Council
b. Small Business Enterprise (SBE) or Disadvantaged Business Enterprise (DBE)
☐Yes ☒No
If yes, list certifying agency: ___________________________________ c. Historically Underutilized Business (HUB)
☒Yes ☐No
If yes, list certifying agency: The Texas Comptroller of Public Accounts d. Historically Underutilized Business Zone Enterprise (HUBZone) ☐Yes ☐No
If yes, list certifying agency: ___________________________________ e. Other recognized diversity certificate holder
☐Yes ☒No
If yes, list certifying agency: ____________________________________ Region 4 Education Service Center PAGE 64
Region 4 Education Service Center PAGE 65
H. List any relationships with subcontractors or affiliates intended to be used when providing services and identify if subcontractors meet minority-owned standards. If any, list which certifications subcontractors hold and certifying agency.

SHI Response:

SHI International Corp. will provide services that will augment what SHI Government Solutions provides directly in support of Region 4 ESC customers. They have been selected because they have the licenses and certifications required to perform these services and have proven their capabilities and reliability through previous engagements to be valuable partners to SHI.

SHI Government Solutions is a state certified HUB vendor. We have the resources to complete the defined scope of work within this RFP with our own sales team, equipment, supplies and materials. If sub‐contracting opportunities are identified at a future date, we will immediately contact the project manager and HUB Coordinator and commit to perform a Good Faith Effort through solicitation of HUB firms and submit an amended HUB Subcontracting Plan.

When searching for a partner for a subcontracting opportunity, we use the Centralized Master Bidders List HUB Directory to search for potential HUB partners. We also participate in local events, such as the State of the State conference and the Texas Association of State Systems for Computing and Communications conference which offer networking opportunities to connect with local HUB vendors.

I. Describe how supplier differentiates itself from its competitors.

SHI Response:

SHI’s breadth of offerings is unparalleled in the industry. SHI is committed to providing customers with as many products as possible, from as many publishers as possible. Not all of our competitors are willing to do this, but SHI understands this is a valuable service for our customers. It would be expensive and time consuming for contract users to establish buying relationships directly with a large number of software publishers and hardware manufacturers, and it is our pleasure to fulfill this role for you.

It is important, however, to be aware that not all resellers are willing to accommodate requests for longtail software (software and hardware partners with whom a reseller does very little business and does not have an automated process established). SHI’s list of longtail partners is over 10,000 partners, and we have proven our commitment to taking care of our customers’ needs in this way over years of service to contract users. We take the time to research, quote, and procure software and hardware that is important to our customers, even when the orders are small, or it is challenging to transact business.

This is unusual in an industry where our competitors will often refuse to quote or process these orders and try to restrict the number of partners they work with. In fact, most of our competitors will not offer longtail publishers at all and restrict their offerings to just a handful of partners. We encourage you to explore this as you endeavor to compare “apples to apples” among offers.

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J. Describe any present or past litigation, bankruptcy or reorganization involving supplier.

SHI Response:

Within the last five years, SHI-GS has not been involved in any investigations or litigation, whether civil or criminal, that are material to its business or financial condition or that pertained to failures in its business relationships, and no such investigation or litigation is currently pending, and SHI-GS has received no claims pertaining to significant contractual failures, whether actual or alleged, and has not entered into any settlement agreements relating thereto.

K. Felony Conviction Notice: Indicate if the supplier
a. is a publicly held corporation and this reporting requirement is not applicable; b. is not owned or operated by anyone who has been convicted of a felony; or c. is owned or operated by and individual(s) who has been convicted of a felony and provide the names and convictions.

SHI Response:
b. is not owned or operated by anyone who has been convicted of a felony.

L. Describe any debarment or suspension actions taken against supplier SHI Response:

Region 4 Education Service Center PAGE 67

3.2 Distribution, Logistics
A. Each offeror awarded an item under this solicitation may offer their complete product and service offering/a balance of line. Describe the full line of products and services offered by supplier.

SHI Response:

One of our greatest strengths is our ability to offer customers tremendous depth and breadth in choosing software, hardware, Cloud, and other products. SHI's current catalog includes tens of thousands of hardware, software, and other product partners. Generally, SHI can sell between 75%-100% of our partners' product lines. We typically offer a wide range of services directly or by leveraging our Elite Partner Network's expertise. SHI can provide our customers with full IT solutions, from commodity software and hardware to complete, end-to-end data center solutions.

SHI has a diverse partner ecosystem, supporting over 15,000+ unique Publishers and OEMs today. For OEMs that SHI does not do business with today, we can utilize a Letter of Authorization from your organization to onboard new suppliers. SHI will work in coordination with your procurement team as needed to engage these software publishers.

Top Partnerships
SHI has top-tier authorizations and certifications for every major OEM. The table below represents SHI’s top 25 partners:

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SHI Support Structure
Over the past decade, the requirements for effective IT have transformed. Although there is still a need for commodity products, attention has shifted to a “building solutions” approach to solve customers' needs. In response to this shift and working from our customer-centered foundation, we developed solution-based support teams. The common goals of our support teams are to address our customers' needs, help them acquire the right technology, and facilitate the adoption of that technology into their customers' environment. SHI has technical expertise around our entire portfolio of services and products, ensuring we are able to meet all customers IT needs.

Our support teams include:
• Core Solutions Executive—In order to provide more technical expertise, SHI employs a team of Core Solution Engineers. Our CSEs collaborate directly with Account Executives and are the first point of contact for more in-depth technical discussions.
• Advanced Solutions Group—In synchrony with other support teams, SHI’s Advanced Solutions Group (ASG) has the agility and expertise to help design, build, test, and deploy hardware, cloud, and software solutions. ASG's goal is to help customers execute their mission and educate end- users by getting the right technology to the right people at the right time.
• SHI Training—Providing on-site, online, or on-demand Technical, End-User, and Professional Development Training, our SHI Training team complements our other services seamlessly. We recognized the need to equip our customers with the skills and knowledge to increase their adoption and consumption of technology, and our SHI Training team offers full-service training to meet those growing demands – from IT professionals to end-users – we provide training that enables customers to increase their return on investment in technology. • Software and Hardware Partner Support Organizations—SHI has the largest team of Hardware, Software and Licensing Specialists in the industry. These teams are in place to support our customers and sales teams with the expertise to manage the varied features of the Publisher Licensing Programs. Our awardwinning team of Software and Licensing Specialists is available to assist customers with selecting licensing programs, executing agreements, and supporting the agreement lifecycle. Today, SHI also has dedicated teams that support over 100 Strategic and Emerging Technology Partners.

Subject Matter Experts
Specializing in IT solutions that fit precisely with our customers' needs, SHI offers robust technical advice and support through product selection and options analysis. SHI offers custom solutions and services for every aspect of an IT environment, from software and hardware procurement to deployment planning, configuration, cloud and data center optimization, networking, mobility, and IT asset management. Through our large support team of 500 pre-sales technical support that comprises SHI's Software Licensing and Hardware and Advance Solutions departments, SHI has the expertise to help our customers identify best-fit products. No other IT products reseller provides as extensive an internal support organization dedicated to providing superior customer support.

Region 4 Education Service Center PAGE 69
Technical pre-sales resources support categories such as:

In addition to the partner support associated with these categories outlined above, SHI has an Emerging Partners Team. They are constantly reviewing new technologies and new OEMs to offer to our customers, including a Cloud Partners Team that concentrates on specific cloud technologies. SHI has OEM Support Teams, technical resources, and relationships with manufacturers to assist your organization with your specific needs concerning emerging technologies and new solution sets. SHI has quarterly meetings with Gartner and IDC to stay abreast of the latest and best technologies. SHI works closely with each OEM to provide new products as soon as they are available. Your organization can pre-order new products through SHI yet to be released to get them as soon as they come to market. SHI's Solutions Teams and Product Specialists will alert your Account Team of the newest and most cutting-edge technologies to make them available to your organization.

Professional Services
Whether it's streamlining the business of IT with innovative eProcurement, fulfillment and IT asset management solutions, helping you build hybrid data center and storage solutions, securing your growing diversity of data and assets or building a truly collaborative digital workplace, SHI has got your back at every stage of the technology lifecycle.

Regardless of your needs, our experts are ready to help you select, deploy and manage the very best solutions that our partners have to offer, complemented with a growing portfolio of SHI consultancy and managed services.

Our Professional Services team is vendor-neutral and uses its range of experience to help tailor conversations optimal for a customers' specific environment. We engage our customers during the strategy and solution design phases of a project and assist with deliberate planning, assessments, whiteboarding, proof of concepts, and obtaining demo units.

From product implementation through lifecycle support and asset retirement, SHI offers solutions customized to the unique needs of your environment. Whether you need a single service call or a complex roll-out, SHI will work with you every step of the way to ensure your goals are met on time and within budget. The chart below represents SHI's robust Professional Services portfolio.

Region 4 Education Service Center PAGE 70
Today, we continue to fine-tune our products and services to meet our customers' needs and the ever-changing technology landscape. Our catalog of products continues to grow and change in response to technological demands and customer needs. While the following is by no means a comprehensive list of all that we offer our customers, some services and products that we commonly provide include:

Region 4 Education Service Center PAGE 71
End-User Computing Partners
Barcode Scanning
Honeywell
Zebra*
Mobility Solutions
Android Enterprise Recommended*
Apple Business Manager*
Google Chrome and Workspace*
JAMF*
Microsoft Endpoint Manager*
Microsoft Surface*
Samsung*
Workspace ONE (VMware)*
Carrier Activations
AT&T
T-Mobile/Sprint
Verizon Wireless
AR/VR
HTC
Microsoft
HoloLens*
Reality Labs at Meta*
Displays
Acer*
ASUS
Clear Touch
Dell*
Elo
HP Inc.*
Lenovo*
LG
Microsoft Surface Hub*
Panasonic
Planar
Promethean
Samsung*
Sharp NEC
ViewSonic*
Mounts
Chief Manufacturing
Ergotech
Ergotron
Humanscale
Peerless
Premier Mounts
Memory
Axiom
Kingston*
Micron
Samsung
Projectors
Epson*
Hitachi
InFocus
Optoma
Sharp NEC*
ViewSonic*
Cabling and Accessories
Barco
Belkin*
Black Box
C2G
CODi
Crestron
Griffin Technology
Incipio
Jabra
Kensington
Legrand AV
Logitech
Otter Box
Poly*
StarTech.com
Targus
Region 4 Education Service Center PAGE 72
Data Center Partners
Storage
Cohesity*
DataCore
Dell EMC*
ExaGrid
Hewlett Packard Enterprise* (+ Nimble)
Hitachi Vantara
IBM*
Lenovo*
NetApp*
Nexsan
Oracle*
Overland Storage
Pure Storage*
QNAP
Quantum
Qumulo
Rubrik
Seagate
Synology
Tintri
Western Digital
Networking
AddOn Networks
Arista Networks
AudioCodes
Avaya*
Cisco*
Cradlepoint
ExtraHop Networks
Extreme Networks
(+ Aerohive)
F5 Networks*
Forescout
Gigamon
Hewlett Packard Enterprise*
(+ Aruba)
Juniper Networks
(+ Mist)
Kemp
Lenovo*

NETGEAR
Opengear
Ribbon Communications
Riverbed
Ruckus Wireless
Thales Group
Ubiquiti
Verkada
Yealink
Zoom Video Communications
Converged Infrastructure
Cisco*
Cohesity*
Dell EMC*
Fujitsu
Hitachi Vantara
Hewlett Packard Enterprise*
(SimpliVity + Nimble)
IBM*
Lenovo*
NetApp*
Nutanix*
Oracle*
Supermicro
VMware*
* Dedicated Resources
Strategic Software Partners
Acronis
Adobe
Altair
Arcserve
Attachmate
Autodesk
Bitdefender
Blackberry Cylance
Check Point
Citrix
Commvault
Druva
Erwin
ESET
Forcepoint
Fortinet
IBM
Ivanti
LogRhythm
Malwarebytes
McAfee
Microfocus
Microsoft
MobileIron
Okta
Oracle
Palo Alto
Parallels
Progress Software
Proofpoint
Quest
Rapid7
Red Hat
RSA
SentinelOne
SolarWinds
SonicWall
Sophos
Stealthbits
Symantec
Tableau
Tenable
Thycotic
Trend Micro
Unitrends
Veeam
Veritas
VMware
Region 4 Education Service Center PAGE 73
Cloud-Based Partners
Amazon Web Services
Actifio
Alert Logic
Bitglass
BitTitan
Box
Carbonite
Centrify
Cloudflare
Cloudera
CrowdStrike
Datadog
Dialpad
Dropbox
Dynatrace
Fuze
HashiCorp
INAP/SingleHop
Informatica
Infrascale
Lightspeed
LogMeIn
LogicMonitor
Lookout
Mimecast
Nasuni
Netskope
OneLogin
PagerDuty
Qualys
RingCentral
ServiceNow
TBI TeamViewer
Zendesk Zerto Zscaler
Emerging Technology Partners
Absolute Software
Accellion
AlgoSec
AlienVault/AT&T
Cybersecurity
Alteryx
Altova
Arctic Wolf
Atlassian
Barracuda
BeyondTrust
BitSight
Blancco
BMC
CA
Checkmarx
Chef
Cherwell
Code 42
Cofense
Contrast Security
Couchbase
CyberArk
Cybereason
Docker
DocuSign
Elasticsearch
Exabeam
Extensis
FireEye
FireMon
Globalscape
Idera
Igel
Imperva
Infoblox
Infragistics
Intel Software
Intuit
Kaspersky
KnowBe4
MongoDB
NetMotion Wireless
New Relic
Nexthink
Nitro PDF
Nuance/Kofax
OpenText
Ping Identity
PulseSecure
Puppet
Qlik
Redgate Software
SAP/Business Objects
Seagull Scientific
SecurityScorecard
Silobreaker
Skybox Security
SmartBear Software
Sparx Systems
Splunk
StorageCraft
SUSE
TechSmith
think-cell
Tibco
Tripwire
Tufin
Turbonomic
Varonis
Veracode
WatchGuard
Zoho Corporation
B. Describe how supplier proposes to distribute the products/service nationwide. Include any states where products and services will not be offered under the Master Agreement, including U.S. Territories and Outlying Areas.

SHI Response:

Our approach to warehousing consists of relying on our SHI owned and operated warehousing facilities and capabilities as well as leveraging the robust network of our distribution partners. Our ISO certified Integration Center/Warehouses located in Piscataway, NJ are capable of securely storing customers inventory. In addition to warehousing your product standards, these state-ofthe-art integration centers offer robust configuration services To further support need for reliable stock, SHI is proud of our abundant and broad community of distributors and partners, and we work loyally to maintain relationships with both our large IT Distributors (Ingram Micro, Tech Data, and Synnex) as well as smaller, local distributors and manufacturers directly. For every customer transaction, we source from the supplier with inventory in the closest proximity and drop ship directly to our customers’ door. Most products are, therefore, delivered within 3-5 business days of order.

Region 4 Education Service Center PAGE 74
In order to ensure reduced time to market, we also resource from our own Customer Integration Center, located in Somerset, New Jersey, that provides warehousing and complete configuration capabilities. Regardless of where we resource products, we always find opportunity to save our customers money. In addition to leveraging our partner relationships for savings at the vision and design phases, our sales teams also request information from all of our distributors’ stock to obtain the best price for our customers when quoting and sourcing product.

In addition, we have sourcing specialists on our procurement team who monitor purchase orders with the partner and distributor community to safeguard that no savings have been missed. In many instances, our sourcing specialists have the ability to aggregate purchases for a specific partner or product across multiple transactions or even across multiple customers to realize a lower overall cost.

While SHI does maintain a warehouse/integration center in Somerset, New Jersey, it is our relationships with our major distributors that allow us to provide for efficient product delivery across North America. This model reduces the overhead costs of maintaining additional warehouses, and our distribution model is also important to SHI’s own internal cost structure and subsequently allows us to offer our customers a very aggressive pricing model.

Our major distribution centers are located strategically in:
• Atlanta, GA
• Chicago, IL
• Dallas, TX
• Fontana, CA
• Fort Worth, TX
• Jonestown, PA
• Los Angeles, CA
• Memphis, TN
• Miami, FL
• Ontario, CA
• South Bend, IN
• Suwanee, GA
• Swedesboro, NJ
SHI receives electronic feeds from these major distributors as well as the top publishers/OEMs in the industry. We include advertised list price in our catalog and have based our discounts off of this pricing.

C. Describe how Participating Agencies are ensured they will receive the Master Agreement pricing; include all distribution channels such as direct ordering, retail or in-store locations, through distributors, etc. Describe how Participating Agencies verify and audit pricing to ensure its compliance with the Master Agreement.

SHI Response:

Our Public Sector Division has been successfully supporting contracts that represent a broad portfolio of services and products for a range of public entities. Through these contracts, we build deep connections that allow us to partner closely with each organization and dive into the infrastructure, procurement, and compliance parameters they encounter.

Region 4 Education Service Center PAGE 75
In partnership with our 14,000 public sector customers, SHI’s Public Sector manages over 500 current contracts, including hardware, software, services, cloud, and some that take a modern approach on technology procurement: allowing for a comprehensive catalog of both products and services. The SHI Public Sector unit made up over $3B of SHI’s overall sales last year and was recognized as the #1 business unit. While 2021 was one of the largest growth years, SHI’s Public Sector has grown consistently over the last 33 years. This overall growth stems from a laser focus on customer service, dedicated and tenured leadership, world-class Account Executives (who live and work in the communities they serve), and a broad spectrum of customers and partners. Whomever you work with at SHI, whatever location or specialty, however big or small your organization, you'll find that we all have one trait in common: our number one priority is your success.

We remain flexible in our approach to Public Sector and engage customers on an individual basis; we understand that one size does not fit all, and that philosophy is apparent in our service structure. In terms of organization, we have retained a small business feel in order to remain agile for Public Sector. We operate successfully with minimal layers of management, and we empower our sales teams to make decisions that are in the best interest of their customers.

SHI has access to top-level pricing discounts via our certifications and partner rankings with almost every major OEM. We maintain relationships with many distributors in order to ensure that our pricing is always competitive, allowing you to benefit from the combined buying power of all SHI customers.

For top tier spend with strategic suppliers, SHI leverages our decades-long experience as one of the largest, global software resellers, and calls upon the resources in our award-winning licensing and solutions teams to help customers optimize the key technologies in their IT software portfolio.

For those key technologies, including security, storage, mobility, data center and networking, SHI can present customers with a neutral view of the industry, identify the leading technology providers to assist customers with portfolio analysis. SHI shares industry best-practices and trends and will help customers understand the total value and cost of potential changes.

For non-strategic tail spend suppliers, the SHI team will review spend on a quarterly basis to identify areas of overlap among customers’ tail spend suppliers, to identify opportunities for contract co-termination, as well as supplier consolidation. For these opportunities, SHI will make recommendations for our customer’s consideration as their end-users are likely to be the best source of subject-matter expertise on the technologies for their direct needs. The end-user community can then determine which products meet their requirements, and SHI can assist in contacting the selected suppliers to leverage volume discounting and preferential usage terms as directed by you – the customer.

D. Identify all other companies that will be involved in processing, handling or shipping the products/service to the end user.

SHI Response:

We maintain relationships with large IT Distributors, as well as smaller, local distributors, and the manufacturers directly, and we leverage our unique distribution model with these distributors to drop ship orders directly to the customers' locations. Our extensive distribution network allows for reduced time to market for our customers with distribution centers located throughout the U.S.

SHI will always ship from the location with inventory closest to the customer's shipping address that has the best cost and availability for our customers. Shipments are made Monday through Region 4 Education Service Center PAGE 76
Friday. Next day and Saturday delivery are available for in-stock items but are subject to a shipping fee and will require that the order be received before a certain cut off time.

Most transactional orders do not have an established on-time delivery guideline against which to measure our average on-time delivery rate. Where SHI has established a Service Level Agreement (SLA) for delivery of product to a customer, we have an average success rate of 98% or higher for meeting the established SLA. We will collaborate with our customers to ensure that we are able to meet your timeline for delivery.

With the exception of custom built or custom configured products, most products are delivered within 2-5 days of being ordered. Pre-configured systems are delivered to the customer on average 1.5 days from receipt of order. Custom PCs and Data Center hardware have longer lead times depending on the manufacturer and product ordered. At the time of quoting and again at order placement, the SHI sales team will inform the end user of the exact delivery timeframe.

On average, across our largest distributors, our fill rate is between 93%-100%. In most cases, where we are not filling orders on time, it is due to constrained items. In these cases, we notify the customer immediately and either source from a different distributor at the same cost to customer, continue to wait, or cancel the order based on what the customer wishes to do.

SHI is proud of our abundant and broad community of distributors and partners, and we work loyally to maintain relationships with both our large IT Distributors (Ingram Micro, Tech Data, and Synnex) as well as smaller, local distributors and manufacturers directly. For every customer transaction, we source from the supplier with inventory in the closest proximity and drop ship directly to our customers’ door. Most products are, therefore, delivered within 3-5 business days of order.

In order to ensure reduced time to market, we also resource from our own Customer Integration Center, located in Somerset, New Jersey, that provides warehousing and complete configuration capabilities. Regardless of where we resource products, we always find opportunity to save our customers money. In addition to leveraging our partner relationships for savings at the vision and design phases, our sales teams also request information from all of our distributors’ stock to obtain the best price for our customers when quoting and sourcing product.

Our major distribution centers are located strategically in:
• Atlanta, GA
• Chicago, IL
• Dallas, TX
Region 4 Education Service Center PAGE 77
• Fontana, CA
• Fort Worth, TX
• Jonestown, PA
• Los Angeles, CA
• Memphis, TN
• Miami, FL
• Ontario, CA
• South Bend, IN
• Suwanee, GA
• Swedesboro, NJ
SHI receives electronic feeds from these major distributors as well as the top publishers/OEMs in the industry. We include advertised list price in our catalog and have based our discounts off of this pricing.

E. Provide the number, size and location of Supplier’s distribution facilities, warehouses and retail network as applicable.

SHI Response:

Region 4 Education Service Center PAGE 78
To further support our customers need for reliable stock, SHI is proud of our abundant and broad community of distributors and partners, and we work loyally to maintain relationships with both our large IT Distributors (Ingram Micro and TD Synnex) as well as smaller, local distributors and manufacturers directly. For every customer transaction, we source from the supplier with inventory in the closest proximity and drop ship directly to our customers’ door. Most products are, therefore, delivered within 3-5 business days of order.

Region 4 Education Service Center PAGE 79

3.3 Marketing and Sales
A. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as supplier’s primary go to market strategy for Public Agencies to supplier’s teams nationwide, to include, but not limited to:
i. Executive leadership endorsement and sponsorship of the award as the public sector go-to-market strategy within first 10 days
ii. Training and education of Supplier’s national sales force with participation from the Supplier’s executive leadership, along with the OMNIA Partners team within first 90 days SHI Response:

SHI was previously an awarded supplier on OMNIA Partners’ Information Technology Solutions & Services contract, so we understand how important go to market strategy is to overall success.

Our relationship has been tremendously fruitful and mutually beneficial over the last 4 years, and we intend to further grow our affiliation through the addition of this contract vehicle.

Denise Verdicchio, SHI’s Sr. Vice President of Public Sector Sales, has been an enormous ambassador for OMNIA since we first partnered two years ago. She will continue to not only sponsor this partnership but will also be an active participant in creating and supporting all marketing plans. Denise, along with the rest of our public sector leadership, is fully committed to the success of this contract. OMNIA Partners and its members will benefit from this personal touch and commitment.

OMNIA Partners will also work closely with Aimee Ballenger, SHI’s Director of Contract and Strategy dedicated to public sector contract strategy and implementation. Aimee frequently collaborates with OMNIA for matters pertaining to our existing contract. Her level of engagement has been instrumental to the success of the OMNIA-SHI relationship, and you can expect that level of attention to continue if awarded the Total Cloud Solutions & Services contract.

Ongoing training of our sales force on this contract will be critical to our success. Within one week of award, SHI will organize a call that includes public sector senior leadership, marketing, sales and contract personnel for OMNIA. We will design a plan to:
• Train and enable all SHI public sector field Account Executives and leadership • Train and enable SHI’s SM SLED Inside Account Executives and leadership • Announce contract strategies
• Facilitate current and prospective member market strategy • Create ongoing marketing plans
SHI has monthly review calls with OMNIA in relation to our current contract. We’d fully anticipate adding discussions around this new contract to the agenda, if awarded. A healthy contract review will allow us to stay focused, to analyze results for plans and strategies currently in place, to discuss new campaign and marketing ideas, and to review the overall success of the contract.

Since our Account Executives in the field are located all over the country, the most efficient way to conduct training and enablement amongst them is through regional webcasts. There are, on Region 4 Education Service Center PAGE 80
average, 30 Account Executives per region, so this will allow each call to have a more collaborative feel, while also allowing for in-depth discussion and answers.

B. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to market the Master Agreement to current Participating Public Agencies, existing Public Agency customers of Supplier, as well as to prospective Public Agencies nationwide immediately upon award, to include, but not limited to:
i. Creation and distribution of a co-branded press release to trade publications ii. Announcement, Master Agreement details and contact information published on the Supplier’s website within first 90 days
iii. Design, publication and distribution of co-branded marketing materials within first 90 days
iv. Commitment to attendance and participation with OMNIA Partners at national (i.e.

NIGP Annual Forum, NPI Conference, etc.), regional (i.e. Regional NIGP Chapter Meetings, Regional Cooperative Summits, etc.) and supplier-specific trade shows, conferences and meetings throughout the term of the Master Agreement v. Commitment to attend, exhibit and participate at the NIGP Annual Forum in an area reserved by OMNIA Partners for partner suppliers. Booth space will be purchased and staffed by Supplier. In addition, Supplier commits to provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as directed by OMNIA Partners.
vi. Design and publication of national and regional advertising in trade publications throughout the term of the Master Agreement
vii. Ongoing marketing and promotion of the Master Agreement throughout its term (case studies, collateral pieces, presentations, promotions, etc.) viii. Dedicated OMNIA Partners internet web-based homepage on Supplier’s website with:
• OMNIA Partners standard logo;
• Copy of original Request for Proposal;
• Copy of Master Agreement and amendments between Principal Procurement Agency and Supplier;
• Summary of Products and pricing;
• Marketing Materials
• Electronic link to OMNIA Partners’ website including the online registration page;
• A dedicated toll-free number and email address for OMNIA Partners SHI Response:

SHI intends to collaborate with OMNIA Partners to formulate an extensive marketing plan. While our sales teams will be actively promoting this contract with our base of current/prospective customers, our goal is to increase the number of public sector customers that buy through Region 4 Education Service Center PAGE 81
OMNIA cooperative contracts. We have dedicated resources in place who will market and support growth around our national contracts such as OMNIA. If SHI is awarded, the OMNIA team, alongside Denise and public sector leadership, will work with the following people towards creation and execution of this marketing plan:

Aimee Ballenger, Director of Contract and Strategy
[email protected]
Amelia Jakubczyk, Senior Capture and Development Manager [email protected]
We have prepared the below marketing plan but will remain flexible and open to collaboration post award. We are agile and will work quickly to execute the agreed upon plan.

First week:
• Post announcement along with contract details and contact information to https://texas.gs.shi.com/.
• Begin design of co‐branded marketing materials including print, electronic, email, and presentations.
• Discuss publication and distribution plans, as well as a plan to distribute and follow up on leads.
• Design and implement OMNIA Partners secured website on https://texas.gs.shi.com/ including OMNIA logo, copy of original RFP, copy of contract and amendments, summary of products and pricing, marketing materials, a link to OMNIA’s website, and all relevant contact information.

First month:
• Complete design of co‐branded marketing materials
• Finalize plans to publish and distribute
• Begin distribution to current and prospective OMNIA members First 90 days:
• Complete training and enablement for SHI sales force
• Complete publishing and distribution of initial marketing materials • Analyze initial activity
• Discuss next 90-day plan for marketing
Ongoing:
• Design and publish national and regional advertising in trade publications • Market and promote the Master Agreement including case studies, presentations, campaigns, and blog posts
SHI participates in hundreds of trade shows, conferences, and meetings across the country.

OMNIA has our commitment to participate at specified shows, as well as to look for additional Region 4 Education Service Center PAGE 82
opportunities to broadcast and promote our partnership. Specifically, SHI will attend, exhibit and participate at the NIGP Annual Forum alongside OMNIA suppliers. We are happy to assist OMNIA in promoting and marketing this event and look forward to collaborating on a plan that will drive attendance.

SHI currently provides seminars and workshops to our public‐sector customers across the country. We would be pleased to do the same for National IPA members. In all cases, we would work with you to determine the right topics, venue, timing, and participants. Some examples include:

Manufacturer Table Show – held annually, SHI will bring in manufacturers that currently do business with OMNIA as well as emerging partners for a day of education and demonstration.

Technology Roundtables – this event brings together public sector IT professionals and leading manufacturers to discuss current and future technology and how it can be used to solve problems or innovate solutions for the future.

Webinars – SHI frequently holds webinars for our customers. Topics range from software volume licensing (Microsoft EA, VMWare ELA) and specific product features, to more broad solution areas.

Workshops – typically done in a half day, a workshop is meant to educate customers on all the aspects of a particular solution.

Summits ‐ SHI holds technology summits at our corporate headquarters in Somerset, NJ.

Custom Events ‐ SHI will help OMNIA coordinate any event that they believe will be beneficial to the participating entities.

C. Describe how Supplier will transition any existing Public Agency customers’ accounts to the Master Agreement available nationally through OMNIA Partners. Include a list of current cooperative contracts (regional and national) Supplier holds and describe how the Master Agreement will be positioned among the other cooperative agreements.

SHI Response:

SHI realizes that the transition process is essential to OMNIA Partners’ success. In order to make the transition smooth, efficient, and effective, the process described may be customized to best meet the each member’s specific needs. For now, the SHI team recognizes 6 areas of focus to help ensure that OMNIA’s transition is successful:
• Manufacturer Supply and Pricing Agreements
• Product Standards
• Dedicated Account Team and Team Tools
• Custom/Customer Specific Reports
• Order Acknowledgement Customization
• Non e‐Procurement Site Implementation: SHI.com
Current cooperative contracts that SHI holds include NASPO ValuePoint, Sourcewell, PACE, TIPS, BuyBoard and NCPA. The relationship we’ve forged with OMNIA over the past 2 years has Region 4 Education Service Center PAGE 83
far exceeded anything we’ve done with these other cooperatives, and OMNIA contracts have become a “go-to” for our public sector sales teams.

D. Acknowledge Supplier agrees to provide its logo(s) to OMNIA Partners and agrees to provide permission for reproduction of such logo in marketing communications and promotions.

Acknowledge that use of OMNIA Partners logo will require permission for reproduction, as well.

SHI Response:

SHI acknowledges and will comply.

E. Confirm Supplier will be proactive in direct sales of Supplier’s goods and services to Public Agencies nationwide and the timely follow up to leads established by OMNIA Partners. All sales materials are to use the OMNIA Partners logo. At a minimum, the Supplier’s sales initiatives should communicate:
i. Master Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency
ii. Best government pricing
iii. No cost to participate
iv. Non-exclusive
SHI Response:

OMNIA Partners will benefit from SHI’s laser focus on being the best at delivering the products and services your members need. A dedicated approach to our public sector business for the last 20+ years has helped us to create solutions that are specific to the unique needs of state/local government and education customers across the country.

SHI’s public sector sales force actively promotes the availability of OMNIA contracts to customers and prospects across the country and will continue to do so under this new contract. With the assistance of our public sector marketing team, all leads that are generated will be followed up on immediately. Any leads that come in, regardless of the source, are uploaded to our CRM database and assigned to an Account Executive. In addition, the lead is attached to a specific lead source so we have the ability to track ROI on various marketing strategies. The AE is then emailed to make them aware that a new lead has been published to them. The AE will document any activity with that customer in CRM. When appropriate, the lead can be transitioned to an opportunity and tracked through close.

SHI agrees that all joint sales materials for this contract will include the OMNIA logo and reference the required information as required by this RFP.

F. Confirm Supplier will train its national sales force on the Master Agreement. At a minimum, sales training should include:
i. Key features of Master Agreement
ii. Working knowledge of the solicitation process
iii. Awareness of the range of Public Agencies that can utilize the Master Agreement through OMNIA Partners
iv. Knowledge of benefits of the use of cooperative contracts Region 4 Education Service Center PAGE 84
SHI Response:

SHI understands and agrees to train our national sales force on the Master Agreement. As discussed previously, our sales leadership will be actively involved in ongoing training over the life of the contract. Training will include key features of the agreement, working knowledge of the solicitation process, awareness of the public agencies that can utilize the agreement and specific information on the benefits of this Master Agreement as opposed to other cooperative contracts available.

G. Provide the name, title, email and phone number for the person(s), who will be responsible for:
i. Executive Support
ii. Marketing
iii. Sales
iv. Sales Support
v. Financial Reporting
vi. Accounts Payable
vii. Contracts
SHI Response:

OMNIA’s primary point of contact with SHI will be:

Amelia Jakubczyk, Senior Capture and Development Manager [email protected]
If other people are needed to address a situation, Amelia will make connections with the appropriate people and stay involved until resolution.

H. Describe in detail how Supplier’s national sales force is structured, including contact information for the highest-level executive in charge of the sales team.

SHI Response:

Public Sector Team (Nation/Statewide)
Our ethos at SHI stems from our team members, and those team members remain our greatest asset. Everyone on the SHI Account Team is dedicated to providing high quality customer service and support to our customers. Our success begins with our outstanding customer support and has grown with constant development of procurement and Internet solutions, strong partnerships with top manufacturers, and a company-wide determination to be the best for our customers.

Due to our customers’ expanding needs, and our desire to fulfill their needs, SHI has experienced tremendous growth in size and scope. Our organic growth, in combination with over two decades of organizational stability, is a direct result of backing a highly-skilled and tenured sales force with software volume licensing experts, hardware procurement specialists, and certified IT services professionals.

In addition to our global Headquarters, located in Somerset, NJ, we have a second large office in Austin, Texas and smaller regional offices located around the country. The majority of our Public Sector Account Executives live and work from their homes, within their territories.

Region 4 Education Service Center PAGE 85
In terms of organization, we have retained a small business feel in order to remain agile for our customers. We have few layers of management and empower our sales teams to make decisions that are in the best interest of their customers.

To ensure that we are meeting the needs of all Public entities, we have split our Public Sector business unit into three divisions:
1) Public Sector Field
2) Public Sector Inside
3) Federal
Public Sector Field
Below is an overview of our public sector regional structure:

The highest-level executive in charge of our sales team is Denise Verdicchio, whose contact information can be seen in the graphic above.

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The
Public Sector Field division supports State Government, Local Government, K-12, Higher Ed, and Public Healthcare entities across the country. Customers in the Public Sector Field are supported by an Account Executive and a dedicated Inside Sales Team.

SHI provides a comprehensive customer support plan to ensure we are meeting each customer’s needs. SHI’s Account Executives are empowered to make decisions around the support of their customers, and they have the autonomy to resolve issues as they arise. Because our Account Executives are accountable for ensuring customer satisfaction, SHI is able to provide high quality customer service and ensure efficient and effective response to questions and issues. In addition, the SHI Regional Directors are engaged with the account teams to provide executive-level support and to meet with customers as needed.

In addition, SHI believes in regular and transparent communication with our customers. Our Account Executives meet with the participating entities and individual contract users to review their business with SHI. During these review meetings, we discuss purchase history and the customer’s future plans. With open discussions, SHI can provide tremendous value in supporting future initiatives and will engage the support teams as needed to meet the customer’s goals and objectives. If awarded, SHI will provide this level of service for all entities that use this contract to procure IT products
Public Sector Inside
Our Public Sector Inside division focuses on supporting the needs of the smaller K-12, local government, and higher education institutions across the country to ensure personalized attention regardless of organizational size. In this case, we have defined small as a K-12 district with 7,500 students or less, a higher education institution with 1,500 students or less, or a city/town with a population of 50,000 or less. These customers often are overlooked by large resellers, though they have the same needs as their larger counterparts. Our SM SLED division, based at our global headquarters in Somerset, New Jersey, consists of 185 (IAEs) who support customers’ needs from start to finish. Each IAE is a single point of contact for their customers.

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Federal
For our Federal customers, SHI manages each cabinet-level agency (or large System Integrator) with an SHI Account Executive. The Account Executive serves as the primary point of contact and is empowered to negotiate on behalf of the company.

Each Federal Account Executive is supported by a well-qualified and trained inside sales team.

Our customers can feel confident that they will receive fast accurate quoting, along with industry distinguished product sourcing, and order processing expertise. The sales team will interact with customers responsible for procuring under this contract and develop a personal understanding of their specific needs. The team is well educated on the methodology, requirements, and SLAs of the contract and provide consistent and efficient support tour customers. Together, this team will be the point of contact for any and all questions and problem resolution. Similar to our other GWAC offerings of similar size and scope, including GSA IT Schedule 70 and SEWP V, our seasoned account management team stands ready to support the mission, spirit, and goals of this contract.

Commitment to all Public Sector Customers
SHI remains nimble in our approach to supporting our customers’ IT needs, allowing us to address each customer on an individual basis. We understand that “one size does not fit all” and that philosophy is apparent in our service structure.

We believe our commitment to meeting our customers’ needs is demonstrated in our level of success under our public sector contracts nationwide.

I. Explain in detail how the sales teams will work with the OMNIA Partners team to implement, grow and service the national program.

SHI Response:

SHI has extensive experience administering contracts of this nature and has already worked with OMNIA Partners toward implementation of a major national contract. We take great pride in our ability to administer agreements of this nature to the maximum benefit of the contract users.

SHI’s sales team will work in conjunction with the OMNIA sales team to promote the Master Agreement to both existing and prospective participating public agencies. As detailed previously in this response, the SHI sales teams will receive in‐depth and ongoing training on the Master Agreement. Public sector leadership will be actively involved in implementing and servicing this agreement. The entire team is committed to growth and success of this contract.

SHI Account Executives will promote this agreement actively within their account base during regular face-to-face meetings and calls with customers and prospects. In addition, we hope to add discussion of this contract to our ongoing joint sales calls with the OMNIA team.

We understand the intricacies of implementing and maintaining a contract of this nature, supporting multiple state agencies and municipalities. When we enter into an agreement of this magnitude, we take great care to implement support and service plans to meet the needs of each individual customer.

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I. Explain in detail how Supplier will manage the overall national program throughout the term of the Master Agreement, including ongoing coordination of marketing and sales efforts, timely new Participating Public Agency account set-up, timely contract administration, etc.

SHI Response:

In addition to our extensive sales force promoting this contract actively and on a daily basis with our current customer base and prospective customers, SHI intends to collaborate with OMNIA on an extensive marketing plan. We understand the goal is to increase the number of entities that buy via OMNIA contracts in all public sector verticals. We have a dedicated Public Sector Programs team with resources specifically identified to market and support growth for our national contracts. If SHI is awarded, the following team members will collaborate with the OMNIA team to create and implement the marketing plan:

Aimee Ballenger, Director of Contract and Strategy
[email protected]
Amelia Jakubczyk, Senior Capture and Development Manager [email protected]
SHI has already teamed with OMNIA Partners in previous instances where our joint implementation of the national program was a resounding success. We fully expect to continue that trend if awarded on this new contract.

J. State the amount of Supplier’s Public Agency sales for the previous fiscal year. Provide a list of Supplier’s top 10 Public Agency customers, the total purchases for each for the previous fiscal year along with a key contact for each.

SHI Response:

In 2021, SHI's Public Sector accounted for $3B of SHI's $12 Billion total company revenue and was recognized as the #1 business unit for 2021. The table below is a breakdown of SHI's Public Sector sales by vertical.
2021 Public Sector Verticals
Vertical Revenue
Federal Government $82,000,000
Healthcare $42,000,000
Higher Ed $475,000,000
K-12 Ed $386,000,000
Local Government $983,000,000
State Agencies $1,154,000,000
Customer revenue and contact information associated with these customers is confidential. SHI would be happy to have a discussion and provide additional details if required.

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K. Describe Supplier’s information systems capabilities and limitations regarding order management through receipt of payment, including description of multiple platforms that may be used for any of these functions.

SHI Response:

When an order is placed through SHI’s website, an automatic order confirmation will be generated and sent to the end user listed on the purchase order, as well as any other contacts the customer has designated. We can customize the information on the order acknowledgement email and can include any and all information required by the customer.

Once an order is entered, it is then directed to SHI’s Purchasing department for processing.

This team is responsible for placing the order with the appropriate distributor or manufacturer.

All orders are placed within 24 hours of being received. Should there be a change in product delivery time, the sales team will be notified immediately. At that point we will reach out to the end user to discuss options.

If a product is not be available at the time of order placement, the Inside Account Manager will reach out to the contact who placed the PO and advise that contact on all options available. No substitutions will be ordered unless we have express, written authorization to do so by the end user. Assuming there are no delays, the tracking number will be uploaded to the website upon shipping if/when provided by our vendors. In addition, the customer can opt to receive an Region 4 Education Service Center PAGE 90
advanced shipping notification, which will be emailed automatically upon shipment of the product.

See an example of the ASN below:

SHI is able to customize our invoices to meet the needs of individual customers. If awarded, we will work with each customer to add necessary fields to our order entry system so that information will be captured on the invoice as well. A sample invoice is included for you below. Again, this can be customized tomeet any requirements necessary.

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We have the flexibility to bill upfront, in arrears, or on a payment plan depending on the requirements of each purchase. We will have these discussions before the quote process takes place and confirm again before we enter the purchase order. In this way, we will alleviate incorrect billings. In the rare case that something is incorrectly billed, the customer can simply reach out to their sales team and they will work with our Accounting department to correct.

SHI is able to accommodate sending hard copy invoices, electronic invoices or both. Summary billing is also available. We can accommodate changes to a customer’s preference at any time.

Invoices will be sent only after the products have been delivered. If chosen for award, we would like to sit down with each OMNIA customer to understand their requirements, typical acceptance procedures and time frames.

SHI’s open architecture systems allow us to integrate with virtually any eCommerce platform, whether through market leaders or a proprietary solution. Ariba, Perfect Commerce, PeopleSoft, SAP and Oracle are the most popular applications supported by SHI. In general, SHI can support systems that use cXML (commerce extensible mark‐up language), or EDI (electronic data interchange) standards. This includes a wide range of applications. In addition, SHI supports the following Punch‐out types:
• Ariba Punchout
• Coupa
• ePlus Procure+
• Hubwoo
• Oracle OAG and cXML Punchout
• Perfect Commerce Roundtrip
• PeopleSoft Direct Connect
• SAP OCI Roundtrip
• Sciquest
• Verian ProcureIT
SHI’s order entry, procurement and invoicing systems are all standardized on AX. This allows for seamless process and maximum efficiency from order placement to billing. SHI has a team of AX developers in house to accommodate our various customers’ needs.

L. Provide the Contract Sales (as defined in Section 12 of the OMNIA Partners Administration Agreement) that Supplier will guarantee each year under the Master Agreement for the initial three years of the Master Agreement (“Guaranteed Contract Sales”). $_______.00 in year one
$_______.00 in year two
$_______.00 in year three
To the extent Supplier guarantees minimum Contract Sales, the Administrative Fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales.

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SHI Response:

SHI would prefer not to guarantee sales at this time. As a general predicator of potential volume, SHI reported $380M 2021 under our existing OMNIA Partners contract. While the scope of the Online Marketplace contract is more limited, we have full confidence in our ability to generate sales and would be happy to discuss forecasts at further length with OMNIA if awarded.

M. Even though it is anticipated many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where Public Agencies will issue their own solicitations. The following options are available when responding to a solicitation for Products covered under the Master Agreement. i. Respond with Master Agreement pricing (Contract Sales reported to OMNIA Partners). ii. If competitive conditions require pricing lower than the standard Master Agreement notto-exceed pricing, Supplier may respond with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to OMNIA Partners under the Master Agreement.
iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to OMNIA Partners).
iv. If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or additional proposal.

Detail Supplier’s strategies under these options when responding to a solicitation.

SHI Response:

We understand that some public agencies will choose to conduct their own formal solicitations even though this Master Agreement is in place. In these cases, SHI will evaluate each situation as it arises. We will do everything we can to ensure that the resulting sales are priced at or below the OMNIA pricing and reported to OMNIA. It is our goal to make this contract as successful and widely used as possible and will not look to steer business away from it, even if the agency chooses to do a formal solicitation. SHI has put forth our most aggressive pricing to OMNIA in this proposal. For this reason, we believe that responding with this pricing will be the most widely used strategy. If a publisher/OEM offers competitive pricing, SHI will pass that pricing along and report those sales to OMNIA. It is highly unlikely for SHI to offer pricing higher than what is in the Master Agreement unless we were using the Master Agreement pricing as a comparison to show the value of this agreement.

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APPENDIX D, EXHIBIT F – FEDERAL FUNDS

CERTIFICATIONS
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FEMA
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SHI Government Solutions
Dan Calabrese, Proposal Specialist
May 3, 2022
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APPENDIX D, EXHIBIT G – NEW JERSEY BUSINESS

COMPLIANCE
• Doc 1 - Ownership Disclosure Form
• Doc 2 - Non-Collusion Affidavit
• Doc 3 - Affirmative Action Affidavit
• Doc 4 - Political Contribution Disclosure Form
• Doc 5 - Stockholder Disclosure Certification
• Doc 6 - Certification of Non-Involvement in Prohibited Activities in Iran • Doc 7 - New Jersey Business Registration Certificate
• Doc 8 - EEOAA Evidence
• Doc 9 – McBride - Principles
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Doc 1 - Ownership Disclosure Form
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Doc 2 - Non-Collusion Affidavit
April 29 022 Dan Calabrese
Sarah St John, Notary
Washington
10/16/2024
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Doc 3 - Affirmative Action Affidavit
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SHI’s Affirmative/EEO Plan
To comply with the company’s policy to employ, retain, promote, terminate, and otherwise treat any and all employees and job applicants on the basis of merit, qualifications, and competence. • A complete up-to-date Personnel Profile of all employees classified by race, sex, and job classification will be maintained and annual reports will be submitted to the Office of Equal Employment Opportunity and Contract Compliance.
• All employees will be advised at the time of employment and during the HR orientation that SHI is an equal opportunity/affirmative action employer and that hiring, promotion, is based on an individual’s qualifications and ability to perform the work. • A company policy statement outlining SHI’s commitment to equal employment opportunity will be posted on SHI’s intranet site, MySHI as well as within the Handbook. A detailed policy outlining SHI’s commitment to affirmative action will be accessible upon request within the Human Resources department.
• The company has an appointed contact to serve as the equal employment opportunity/affirmative action officer. The EEO/AA is authorized to supply reports and represent this company in all matters regarding this affirmative action plan.
• Officer will be responsible for the following:
o Implementing all phases of the plan;
o Conducting quarterly audits of employment practices to ensure nondiscrimination; o Yearly instructing supervisor about their responsibility to ensure that minorities are not subject to any type of discriminatory practices or harassment; o Notification to all eligible employees regarding promotions or vacancies to ensure equal employment opportunity, this is done via Job posting (MySHI), SHI newsletter, recruiters. • HR reviews all applicants and the hiring/promoting records with CEO of SHI to audit the increase in the job categories that are available or promotable in the recruitment labor area. • Training is provided to the degree that the company is reasonably able to undertake as a means of making all job classes available to minorities.

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Doc 4 - Political Contribution Disclosure Form
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Version October 19, 2021
DOC #5

STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
 I certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the undersigned.

OR
 I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.

Check the box that represents the type of business organization:
Partnership Corporation Sole Proprietorship
Limited Partnership Limited Liability Corporation Limited Liability Partnership Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.

Stockholders:

Name: Name:

Home Address: Home Address:

Name: Name:

Home Address: Home Address:

Name: Name:

Home Address: Home Address:

Subscribed and sworn before me this ___ day of ___________, 2__.
(Notary Public)
My Commission expires:
_________________________________
(Affiant)
________________________________
(Print name & title of affiant)
(Corporate Seal)
Thai Lee
3828 Pecana Trail, Austin, TX 78749-3559 3828 Pecana Trail, Austin, TX 78749-3559 KoGuan Leo
29th April
022
Dan Calabrese, Proposal Specialist
10/16/2024
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Doc 6 - Certification of Non-Involvement in Prohibited Activities in Iran SHI was unable to access this form online.

SHI does not conduct business in the country of Iran.

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Doc 7 - New Jersey Business Registration Certificate
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Doc 8 – EEOAA Evidence
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Doc 9 – McBride Principles
22-08 SHI Government Solutions
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TAB 4 – QUALIFICATION AND EXPERIENCE

2.c) Qualification and Experience
i. Provide a brief history of the Offeror, including year it was established and corporate office location.

SHI Response:

SHI Government Solutions (SHI) welcomes the opportunity for partnership with the Region 4 Education Service Center (Region 4 ESC) as we deliver the following proposal in response to your invitation to secure a provider for the Contract for Total Cloud Solutions and Services. As a total IT solutions provider and a value-added reseller, SHI is best and specifically qualified to meet the ongoing needs of Region 4 ESC, evidenced by our dedication to procuring top holistic IT solutions and partnerships, and our commitment to understanding the specific needs and requirements of our Texas government and education customers.

SHI has sustained consistent growth in not only our business, but also the expansion of our regional sales teams.

Our success has
stemmed from
outstanding customer
support through
dedicated account
teams, constant
development of service
and support
enhancements, strong partnerships with industry leading manufacturers, and a company-wide determination to be the best in the industry.

Achievement to us is tallied primarily by the strength and endurance of our partnerships with organizations like yours. The success of our relationship with Region 4 ESC will be founded upon three key principles:

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• Our proven ability as a holistic IT solution provider to supply Region 4 ESC with an unsurpassed catalog of hardware peripherals, software, and services. • Our commitment to innovation, cost-reduction, and proactive customer service for Region 4 ESC.
• Our dedication to proactive communication and building relationships with representatives of Region 4 ESC at every opportunity.

With more than $380 million of technology products and related services sold to Texas government and education customers in 2021, SHI is a reliable and experienced IT solutions vendor to customers throughout Texas. Boasting the largest field sales team in Texas, we are confident that we are uniquely positioned to help Region 4 ESC focus on meeting their evolving technology needs.

Our dedicated field account executives live and work in geographically concentrated territories, tailoring marketing and selling strategies for their customers. Our localized presence allows us to deliver products and services employing both the benefits of SHI’s broad partnership network and our incomparable customer-centric approach. With SHI as your partner, you can trust in more meaningful account oversight and a guarantee that we are effectively collaborating with all geographies throughout Texas and with Region 4 ESC at a local level.

Our proposal responds directly to the prompts and requirements within Region 4 ESC request for proposal and validates how SHI is uniquely qualified to receive the position as the preferred supplier for the Total Cloud Solutions and Services proposal. With an engagement plan and customer support services designed to enhance Region 4 ESC’s current productivity and allow for better delivery of services to the staff and students of Region 4 ESC. SHI is poised to provide the Region 4 ESC and its affiliates with business continuity, improved services, and modern innovations. Our success is based on a foundation of customer centricity, accessibility, and consistency. We are pleased to present this proposal to you, and pledge to collaborate with you with integrity, transparency, and success – from products to partnership and at every step along the way.

Demonstratable Success
We thoroughly understand the business nuances, intricacies and contract management requirements articulated within the RFP, and we will ensure continued, determined success. The greatest strength we offer is the profound experience and dedication of our SHI team. We are eager to employ our vision forward to provide continued solutions for identifying and leveraging innovations that benefit all Region 4 ESC, and we’ve included concepts in our response that detail many of those modernizations. SHI is proud of the reputation we have established with our customers as an organization uniquely capable of understanding and addressing their specific Region 4 Education Service Center PAGE 159
needs and concerns – and the Region 4 Education Service Center will receive devoted attention from our local team members who call Texas home.

Expert Partnership
SHI is committed to providing the most advantageous pricing models and the most exceptional value; we recognize that our role as your partner is to support Region 4 Education Service Center, providing expert best practices to keep your IT resources safe, secure, and operational:
24 hours a day, 365 days a year. As an OEM-neutral partner, we will take pride in helping you optimize your cloud solutions and services investment to create streamlined and efficient processes and aggregate your purchasing power to obtain the best pricing available.

Quality and Commitment
We currently hold several state of Texas and Texas-based cooperative contracts and maintain successful partnerships with customers in every vertical: state government, local government, education (K-12 and higher ed), and healthcare. Through these often-complex contracts, we build connections to partner closely with each entity and dive deeply into the infrastructure, procurement, and regulation obstacles that they face. We provide our customers with complete, end-to-end lifecycle management by combining the abilities of our experienced field sales team, local technical resources, internal presales technical resources, and our widespread partner network.

SHI continues to adapt and grow with the ever-progressing IT industry, ensuring our customers have reliable, consistent, functional hardware and software – and technology services – regardless of circumstance. Now in our 23rd year of business, we specialize in results that are customized to our clients, including providing educational technology, grants support, and services that substantiate the expressed needs and requirements within this RFP. We are committed to providing the Region 4 Education Service Center with comprehensive and complete IT solutions.

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manage their technology. And our passion, which remains focused on forging and nurturing relationships with our customers and with our colleagues and partners, will sustain us for decades to come as an industry leader.
ii. Describe Offeror’s reputation in the marketplace.

SHI Response:

Privately held and under the guidance of its current ownership since 1989, SHI is uniquely qualified to support OMNIA’s goal of locating reliable service partners to support your robust business. We strive with purpose and passion to provide exceptional value and experience as we help customers select, deploy, and manage technology.

We are unique in both our stability and in the tenure of our executive leaders and team members (many of whom have been dedicated to SHI since its inception). SHI Account Executives support their clients locally from over 30 offices throughout the U.S., Canada, the U.K., France, and Hong Kong; and our AEs work and live in the communities they serve, fostering long-term, mutually beneficial relationships with customers and partners every single day.

SHI is proud of the reputation we have established, particularly in the Public Sector, as an organization uniquely capable of understanding and addressing the specific needs and concerns of the IT community.

And customers benefit from our high-value solutions that are focused on meeting the distinctive requirements of each customer, while always incorporating opportunities for partnership and innovation.

We provide custom technology solutions for every aspect of customers’ IT environment: from software and hardware procurement to deployment planning, configuration, data center optimization, mobility services, IT asset management, and training. We also offer next-generation cloud solutions to help customers accelerate to the cloud in the fastest, most secure, reliable and cost-effective ways possible.

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Our infrastructure and integration services provide top-of-the-line solutions supported by leading manufacturers, publishers, and providers in the industry. iii. Describe Offeror’s reputation of products and services in the marketplace.

SHI Response:

The SHI program management team will be gathering information on the overall services engagement to ensure customer satisfaction, including all necessary statistics on services and customer feedback. We collect and use this information for project status/SLA tracking, lessons learned, and customer satisfaction and experience - all with the intent of continuous improvement. We will collaborate with Apple to develop formal survey questionnaires as well as periodic sampling of the overall customer experience with deployments and all other managed services.

SHI is proud of the reputation we have established with our customers as an organization uniquely capable of understanding and addressing their specific needs and concerns. We accomplish this through a single-minded focus on customer satisfaction: every SHI employee understands that we are here because of our clients and will remain here only as long as we continue to provide extraordinary customer satisfaction.

In addition, we monitor customer satisfaction through two primary vehicles:
• Customer Feedback—SHI encourages our customers to send emails to our Director of Quality, whose email address is included in most customer communications, including the order acknowledgment. The Director of Quality reports all customer feedback to the Top Managers and Department Managers at SHI. As necessary, she will respond to the customer’s comment, will assign a corrective action, and will follow-up with the customer to ensure that the issue has been resolved.
• Customer-specific Satisfaction Surveys—Some SHI customers require that we provide customer satisfaction surveys to their employees. In these instances, SHI creates a customized survey that specific reflects the products and services we provide to that organization.

The Dedicated Account Team is responsible for submitting the surveys and the results are sent directly to the Director of Quality.
iv. Describe the experience and qualification of key employees.

SHI Response:

SHI is proud to present the account team who will be dedicated to Region 4 ESC and OMNIA Partners.

Our primary goal of our field and inside sales teams is to bring value to our customers at every opportunity. Through consistent, transparent communication and providing information on the everevolving facets of the IT industry, our experienced account executives and leadership will be there to support Region 4 ESC every step of the way. Our sales force is divided into two teams:
• Our Field Team comprised of account executives who understand the needs of their communities and who collaborate to streamline and improve IT procurement.

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• Our Inside Team comprised of experts who are dedicated to supporting customers with their daily needs. SHI commits to a collaborative process that is customer centric. We maintain robust, award-winning partnerships with top manufacturers and, in doing so, we can ensure customers get the best products and services, designed specifically for their needs. In fact, our dynamic sales force, software volume licensing experts, hardware procurement specialists, and Certified IT service professionals facilitate not just purchasing, but also strategic evaluation, solutions design, and IT support, always with a specific focus on cost savings for every purchase.

There is no denying Adrienne Pubylski’s dedication to SHI. Beginning as an Inside Sales Rep for SHI in 1996, she transitioned two years later to an Education Account Executive. After 20 years, Adrienne has worked her way to become Public Sector Vice Present of EDU West.

In her current role, Adrienne supports a dynamic group of District Managers who are eager to bring forth technology solutions that address customers' needs in the K12, Higher Education, and Higher Education/Healthcare arenas.

To ensure a world class customer experience, Adrienne leads her team with the priorities of elevating the needs of our customers more than anything else, and leading with integrity, transparency, and honesty.

Adrienne works on covering a variety of perspectives and insights to determine best solutions and works with her team members on building relationships that are mutually beneficial in support of end-users.

Adrienne’s dedication to the education sector as well as to her customers is what truly matters to her: "If we are able to help a school district improve the lives of the students that they support, that is tremendously rewarding."
Adrienne Publyski
Vice President, EDU West
Public Sector Field Sales,
West EDU
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Calling Austin, Texas home for the last 24 years, Adrienne appreciates spending time with her family— especially her nephews, and friends who are a part of her “chosen” family.

To learn more about Adrienne, to view her complete resume, or to connect with her, visit her on LinkedIn.

The South Texas Education branch retains one of SHI’s top district sales managers—Dakota Haines. He leads a team of Account Executives who help SHI’s education customers select, deploy, and manage technology in a world that is constantly changing. No one can possibly be an expert in all the facets that touch IT, but Dakota and his team help SHI customers bridge the gap in knowledge by connecting and using resources.

Dakota began his career at SHI as an Inside Account Executive at the corporate office in Austin, Texas.

After just a few years of hard work and dedication to SHI customers, he moved into the education vertical as an Account Executive. After two years, he moved into an AE role covering larger, local government accounts in Austin and West Texas for three years before moving back into the education vertical as a district sales manager.

Dakota was born and raised in Austin, Texas, and to this day, could not imagine himself living anywhere else. Along with his unrivaled love for the city of Austin comes a responsibility to support his community.

At the start of 2020, Dakota helped alleviate issues around remote access and device shortages in the city of Austin.

To connect with Dakota, or to view his resume, please visit him on LinkedIn.

With more than 12 years in the Public Sector, Amelia
Jakubczyk has been helping her customers understand
contracts and has built lasting connections with them. SHI’s culture allows this to happen naturally to the point where Amelia says her customers feel “more like friends.” Joining SHI in 2009, she quickly gained experience and expertise as an Account Executive for Arizona and Nevada SLED and
spent nearly a decade supporting state and local
governments. Now, Amelia takes on her newest role as the Senior Manager of Capture and Strategy, where she is confident that she has what it takes to build relationships with her customers and “find a path forward.” When she’s not working, Amelia can be found exploring outdoors in her home state of Colorado. There, she and her family enjoy biking, hiking, skiing, paddle boarding, and “getting off the grid” in their travel trailer to camp.

To learn more about Amelia, or to view her resume, connect with her on LinkedIn.

Dakota Haines
District Sales Manager
Public Sector
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Lisa Spurr is constantly seeking opportunities to learn and grow. She appreciates that SHI values its employees and fosters these opportunities, which is what first attracted her to the company. In fact, it’s that attitude that sets SHI apart for her and “the way people are really helpful and want to do the right thing for our customers and each other.”
Lisa has been in the technology industry for over 15 years, but in her current role at SHI as an Account Executive, her focus is on our education customers. She is responsible for understanding her customer’s business objectives, priorities, and initiatives so she can align their needs with SHI’s products, solutions, and capabilities. Lisa says she feels most rewarded when she is able to solve her customer’s problems by prioritizing their individual goals and maximizing company resources.

Residing in the Woodlands, Texas, Lisa enjoys the family-friendly atmosphere of the Houston suburb and can often be found walking and bike riding with her family.

To learn more about Lisa or to view her full resume, connect with her on LinkedIn.

Jaye Romo joined the SHI family in 2020, coming from a
nearly 30-year IT career across EMC, Datalink, Presidio, and US Signal. Given his depth of experience and detailed
knowledge of the solutions SHI can provide, Jaye leverages his aptitude for logical problem solving to see challenges from opposing points of view to find an innovative and effective solution.

In his current role as Account Executive, Jaye manages the State of Illinois and Cook County. As a resident of Greater Chicago, Jaye is quick to point out that it is not just government he serves, but their clients – the residents of the State of Illinois and Cook County.

To learn more about Jaye and connect with him, check out his LinkedIn. v. Describe Offeror’s experience working with the government sector.

SHI Response:

The Government Affairs (G.A.) team is a value-add, internal resource designed to empower the OMNIA Account Team to deliver meaningful and exceptional outcomes. With deep and diverse government knowledge and acumen, the team of Government Affairs professionals helps facilitate grant acquisition and federal funding. It leverages its vast network of I.T. leaders to benefit your end-users and communities, facilitate grants acquisition and federal funding for higher education, and leverages their vast network of IT leaders to benefit your end-users and communities.

Led by Michael Esolda, a former CTO whose career was built upon Professional Development for Teachers and Professional Services for Staff, the Government Affairs team engages with partner organizations to monitor policy trends at all levels of government; attends influential IT industry conferences, collaborates with consultants to identify opportunities; and helps with special, customized projects designed to add value for government customers.

Lisa Spurr
Account Executive
Public Sector
Region 4 Education Service Center PAGE 165
Existing as part of Government Affairs, our Educational Affairs team focuses solely on how technology enhances learning and provides equitable environments for all students and educators. Since 2020, four areas have emerged as vital to a successful learning community:
• Hybrid learning
• Immersive technologies
• esports
• Cybersecurity
With the massive implementation of hybrid learning, the increased use of immersive technologies, and the growing recognition of esports’ benefits, comes an influx of new devices that need to be managed – and a growing need for cybersecurity. Technology and education are more inextricable than ever before – and that’s not going to change any time soon. Our Educational Affairs team can help OMNIA stay ahead of emerging technologies. Working in tandem with our Professional Training team, we bring tremendous value and support to your initiatives.

Working symbiotically, your SHI Account and Government Affairs Teams will ensure that customers learning environments are transformative; collaborative; protected, and optimized. Our Solutions Specialists augment our strategic teams – including our Professional Training Team – and integrate value with every aspect of your procured technology. For more detailed information on this team, please visit SHI Customer Services.
vi. Describe how your company will assist in educating customers on the distinct difference of IaaS, PaaS and SaaS offerings and responsibilities.

SHI Response:

In collaboration with the specific manufacturer or partner, your Field Solutions Engineers are dedicated to the Public Sector and geographically spread across the country, this team’s mission is to help customers choose exactly the right technology solutions. FSEs are tightly aligned with our Account Executives to bring maximum value to our customers. This dedicated team is unique in the Public Sector Value-Added Reseller space, and our FSEs help customers compare competing software products and provide valuable technical insights on choosing the right solution for each unique organization. FSEs consult with customers, often helping them to avoid erroneous or superfluous costs. Additionally, they consider organizational skill sets, compatibility with current environment, redundancy, alignment with objectives, and total cost of ownership – all through a vendor-neutral lens. As a specific example, in the Region 4 Education Service Center PAGE 166
last 12 months, our FSE team and our other sales teams have sourced over 2,000 different manufacturers’ products.
vii. Describe past litigation, bankruptcy, reorganization, state investigations of entity or current officers and directors.

SHI Response:

Within the last five years, SHI has not been involved in any investigations or litigation, whether civil or criminal, that are material to its business or financial condition or that pertained to failures in its business relationships, and no such investigation or litigation is currently pending.

Region 4 Education Service Center PAGE 167

REFERENCES
viii. Provide a minimum of 5 customer references relating to the products and services within this RFP within the past three (3) years. References should include at least one customer who is:
a) Using a Microsoft Azure Solution
b) Using an Amazon Web Solution (AWS) Solution
c) Academic/education leveraging a cloud solution
d) Using a PaaS solution
e) Has purchased an IaaS solution
f) Provide any other significant information about your company that is relevant to demonstrating your experience in the cloud marketplace
Include entity name, contact name and title, contact phone and email, city, state, years serviced, description of services and annual volume.

SHI Response:

Reference 1:
• Entity name: State of Florida
• Contact name: Tony Abid
• Contact title: Senior Systems Engineer
• Contact email: [email protected]
• City, State: Tallahassee, Florida
• Years serviced: 8 Years
• Description of services: Microsoft, Symantec, VMware Contracts • Annual volume: Approximately $45 million in cloud sales in the last 2 years Reference 2:
• Entity name: State of Alabama
• Contact name: Roy Case
• Contact phone: 334-206-7000
• Contact email: [email protected]
• City, State: Montgomery, Alabama
• Years serviced: 5 Years
• Description of services: Microsoft, Symantec, VMware Contracts • Annual volume: Approximately $15 million in cloud sales in the last 2 years Region 4 Education Service Center PAGE 168
Reference 3:
• Entity name: City of Baltimore
• Contact name: Eric Wildberger
• Contact title: Sr. IT Project Manager
• Contact email: [email protected]
• City, State: Baltimore, Maryland
• Years serviced: 2 Years
• Description of services: AWS
• Annual volume: Approximately $12 thousand in cloud sales in the last 2 years Reference 4:
• Entity name: Commonwealth of Kentucky Office of Technology • Contact name: Cody Taylor
• Contact phone: 502-584-9879
• Contact email: [email protected]
• City, State: Frankfort, Kentucky
• Years serviced: 9 Years
• Description of services: Microsoft Azure
• Annual volume: Quarterly Billing: $31,648 Office 365 Users:
29000
Reference 5:
• Entity name: Commonwealth of Kentucky Department of Education (KETS) • Contact name: Melissa Moore
• Contact phone: 502-564-2020
• Contact email: [email protected]
• Description of services: Microsoft Azure
• Annual volume: Quarterly Billing: $32,751 Office 365 Users: 1,250,000 ix. Provide any additional information relevant to this section.

SHI Response:

Not Applicable.

Region 4 Education Service Center PAGE 169
TAB 5 – VALUE ADD

2.d) Value Add
i. Provide any additional information related to products and services Offeror proposes to enhance and add value to the Contract.

SHI Response:

With our extensive experience administering cloud solutions and services contracts, we are confident that we will exceed the requirements of this request. We take pride in our ability to administer to the maximum benefit of the contract users.

When we enter into an agreement of this magnitude, we take great care to implement support and service plans to meet the needs of each contract user. SHI serves as an advocate for the organizations and endusers that Region 4 ESC ultimately serves.

Following are some of the initiatives that SHI takes to maximize the value to all contract users.

Managed Services
Staying on top of technology trends has become increasingly expensive. With our deep understanding of cloud deployment, together with our expertise in cloud-based IT infrastructure, we can design unique solutions that make technology your trusted investment.

Let SHI help your organization—
• Transition to a cloud environment or extend the value of existing IT investment. • Scale out quickly and affordably by running apps and workloads in the cloud. • Boost productivity and collaboration with SharePoint Online. • Work with full versions of Microsoft Office anytime, anywhere, and on virtually any device with Office 365.
• Implement flexible, affordable data backup and disaster recovery solutions by taking advantage of cloud services like Microsoft Azure.
• Safeguard organizational data by integrating enterprise identity management solutions like Active Directory with cloud services.

Security Planning Services
SHI will provide services within a Microsoft Azure Cloud environment to protect against spyware and malware, data interception, identity theft, viruses, and hacking attempts. Standard best practices for security are given priority importance, to include the following:
• Acceptance of industry/organizational standards
• System development and maintenance
• Organizational continuity planning
• Compliance and governance
Region 4 Education Service Center PAGE 170
SHI One Overview
The SHI One Management Platform is a portal for customers to manage both cloud and IT services bought through SHI. It gives customers a centralized place to track and manage their public clouds, allowing them to spend less time struggling with reports, management, and support, and more time on strategic initiatives to drive their business forward.

SHI One enables customers to perform the following self-services on a single platform:

User Management
Control who can access SHI One by adding, editing, and removing users, assigning their security groups, and granting different levels of user permissions.

Team Management
Control which teams can access which contracts and submit technical, billing, or account management tickets.

Invoice History
All Amazon Web Service (AWS), Azure Cloud Service Provider (CSP), and O365 CSP basic, professional, and managed customers can view and send invoices to the requested contact on file.

AWS Account View
Accessed within the SHI One portal, the AWS Account View allows companies to view their AWS Accounts that are resold through SHI, including the level of support provided by SHI and provided by AWS. As an added benefit, Region 4 ESC can view all AWS accounts managed and resold by SHI via a single dashboard. Additionally, you can track the service levels with SHI and associated service levels with AWS.

Region 4 Education Service Center PAGE 171
AWS Reporting
AWS Reporting provides views of AWS consumption by hour, day, week, or month.

Benefits—
• View up to 12 months of consumption data
• Group by multiple options, including custom perspectives that SHI can help configure • Export to excel
Azure Account View
Accessed within the SHI One portal, the Azure Account View provides a view of Azure consumption by hour, day, week, or month.

Benefits—
• View up to 12 months of consumption data
• Group by multiple options including custom perspectives that SHI can help configure • Export to excel
Region 4 Education Service Center PAGE 172
Monitoring
The Monitoring Dashboard shows any alerts in AWS Accounts and Azure Subscriptions, as well as an overview of any alerts within AWS Accounts and Azure Subscriptions, enabling the user to see a list of alerts and drill down further into the alert itself.

O365 Account View
Accessed within the SHI One portal, the O365 Account View allows companies to view their Office 365 subscriptions that are resold through SHI’s Cloud Service Provider (CSP) Program, including the level of support provided by SHI. As an added benefit, Region 4 ESC can view all Office 365 subscriptions managed by SHI under the CSP program via a single dashboard. Additionally, you can track the technical support service level purchased with SHI.

O365 Backup as a Service
The O365 Backup as a Service is a self-service cloud backup solution that protects a company from data loss and enables the customer to restore deleted or corrupted data quickly and easily.

Benefits—
• Customer self-service through the click of a button
• Search for and restore lost data in seconds
• Choose which accounts to back up
• Unlimited back-up
• Digital statement of work (SOW) speeds up the onboarding process • Cloud-to-cloud backup on Azure – nothing on-premises
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Customer Innovation Center
SHI recently established our Customer Innovation Center (CIC) as a vehicle for emerging technologies, advancing industry standards, and – as the name denotes – customer innovations. As part of the CIC, representatives from Region 4 ESC can see, touch, and observe software in both our Showcase Lab, where we house equipment and technology from a wide range of OEMs, and within our Software and Sandbox Lab, where customers can engage with hardware and software specifically designed for use in particular settings like a classroom, administrative office, or data center.

Region 4 Education Service Center PAGE 174
TAB 6 – APPENDIX C - ADDITIONAL

REQUIRED DOCUMENTS
Please see the following pages for the completed forms. • Doc #1 Acknowledgment and Acceptance of Region 4 ESC’s Open Records Policy • Doc #2 Antitrust Certification Statement (Tex. Government Code § 2155.005) • Doc #3 Implementation of House Bill 1295 Certificate of Interested Parties (Form 1295) • Doc #4 Texas Government Code 2270 Verification Form
Region 4 Education Service Center PAGE 175
Doc #1 Region 4 ESC’s Open Records Policy
Region 4 Education Service Center PAGE 176
Doc #2 Antitrust Certification Statement (Tex. Government Code § 2155.005)
Region 4 Education Service Center PAGE 177
Doc #3 Implementation of House Bill 1295 Certificate of Interested Parties (Form 1295)
Region 4 Education Service Center PAGE 178
Doc #4 Texas Government Code 2270 Verification Form
Region 4 Education Service Center PAGE 179

SUPPORTING DOCUMENTS

ADDENDUM ACKNOWLEDGEMENTS
SHI acknowledges the following addendums:
• Addendum 1
• Addendum 2
• Addendum 3
• Addendum 4
Region 4 Education Service Center PAGE 180

AWS PARTNER PACKAGE
“This document is provided for informational purposes only. It represents AWS’s current product offerings and practices as of the date of issue of this document and is subject to change. Customers are responsible for making their own independent assessment of the information in this document and any use of AWS’s products or services.

This document does not create any warranties, representations, contractual commitments, conditions or assurances from AWS, its affiliates, suppliers or licensors. The responsibilities and liabilities of AWS to its customers are controlled by AWS agreements, and this document is not part of, nor does it modify, any agreement between AWS and its customers. For current prices for AWS services, please refer to the AWS website at www.aws.amazon.com.” Amazon Web Services Partner Package – US
State and Local Government, and Education
Q1 2022
Amazon Web Services Partner Package – US State and Local Government, and Education Q1 2022 Page i
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Table of Contents

1.0 AWS Overview ..................................................................................................... 1

2.0 Benefits of Working with the AWS Partner Network (APN) .................................. 4

2.1 Benefits of APN for Customers .......................................................................... 4

3.0 Benefits of Cloud Computing................................................................................ 5

4.0 Shared Responsibility Model ................................................................................ 7

4.1 Shared Controls for Security and Compliance ................................................... 8

4.2 Data Privacy and Ownership.............................................................................. 8

4.3 Customer Control of Data Residency................................................................. 9

5.0 Services Overview.............................................................................................. 10

5.1 Compute Services............................................................................................ 12

5.2 Storage Services.............................................................................................. 12

5.3 Database Services ........................................................................................... 12

5.4 Analytics Services ............................................................................................ 12

5.5 Networking and Content Delivery Services ...................................................... 13

5.6 Migration and Transfer Services ...................................................................... 13

5.7 Management and Governance Services .......................................................... 13

5.8 Security, Identity, and Compliance Services .................................................... 14

5.9 Developer Tools ............................................................................................... 14

5.10 Machine Learning and Artificial Intelligence Services ................................... 14

5.11 IoT Services.................................................................................................. 14

5.12 Mobile Services ............................................................................................ 15

5.13 Call Center Services ..................................................................................... 15

5.14 Hybrid Services............................................................................................. 15

5.15 AWS Marketplace ......................................................................................... 15

5.16 Other Services .............................................................................................. 15

6.0 AWS Cloud Infrastructure................................................................................... 15

6.1 Data Center Physical Location......................................................................... 16

6.2 Data Center Audits........................................................................................... 17

6.3 Data Center Virtual Tours ................................................................................ 17

6.4 Data Center Security........................................................................................ 18

7.0 Automatically Scaling your Resources ............................................................... 19

7.1 Scaling ............................................................................................................. 19

7.2 Load Balancing ................................................................................................ 19

7.3 Monitoring and Alarms ..................................................................................... 20

8.0 Architecting for High Availability and Reliability .................................................. 22

8.1 AWS Responsibility: Data Center Availability and Reliability............................ 22

8.2 Customer Responsibility: Designing for Availability and Reliability .................. 22

8.3 Service Level Agreements ............................................................................... 23

8.4 Resources and Reference Architecture ........................................................... 23

9.0 Building Secure Solutions on AWS..................................................................... 25 Amazon Web Services Partner Package – US State and Local Government, and Education Q1 2022 Page ii
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9.1 Granting and Managing Account Access ......................................................... 25

9.1.1 IAM Users.................................................................................................. 25

9.1.2 IAM Groups ............................................................................................... 26

9.1.3 IAM Roles .................................................................................................. 26

9.1.4 Identity Federation..................................................................................... 26

9.1.5 Setting Granular Permissions .................................................................... 26

9.1.6 Temporary Security Credentials ................................................................ 27

9.2 Tools for Logical Separation............................................................................. 27

9.3 Tools for Encryption ......................................................................................... 27

9.3.1 Protecting Data at Rest.............................................................................. 28

9.3.2 Protecting Data in Transit .......................................................................... 28

9.4 Automating your Security and Compliance ...................................................... 28

9.5 Penetration Testing .......................................................................................... 28

9.6 Data Breaches ................................................................................................. 28

9.7 Security for New AWS Software....................................................................... 29

10.0 AWS Training and Certification........................................................................... 29

10.1.1 Digital and Classroom Training .............................................................. 31

10.1.2 AWS Certification ................................................................................... 31

11.0 Achieving Compliance on AWS.......................................................................... 31

11.1 Certifications/Attestations ............................................................................. 33

11.1.1 Federal Risk and Authorization Management Program (FedRAMP)...... 33

11.1.2 Federal Information Processing Standard (FIPS)................................... 34

11.1.3 International Organization for Standardization (ISO) 9001:2015............ 34

11.1.4 ISO/IEC 27001:2013 .............................................................................. 35

11.1.5 ISO/IEC 27017:2015 .............................................................................. 35

11.1.6 ISO/IEC 27018:2019 .............................................................................. 36

11.1.7 Payment Card Industry Data Security Standard (PCI DSS)................... 36

11.1.8 System and Organization Control (SOC) Reports.................................. 37

11.2 Laws/Regulations/Privacy............................................................................. 39

11.2.1 Family Educational Rights and Privacy Act (FERPA)............................. 39

11.2.2 Health Insurance Portability and Accountability Act of 1996 (HIPAA)/ Health Information Technology for Economic and Clinical Health (HITECH)......... 40

11.2.2.1 AWS and HIPAA ................................................................................ 40

11.2.2.2 HIPAA for APN Partners .................................................................... 40

11.2.3 Internal Revenue Service Publication 1075 (IRS Pub 1075).................. 41

11.2.4 Voluntary Product Accessibility Template (VPAT)/Section 508.............. 41

11.2.4.1 AWS and VPAT/Section 508.............................................................. 41

11.2.4.2 VPAT/Section 508 for APN Partners .................................................. 41

11.3 Alignments/Frameworks ............................................................................... 42

11.3.1 Criminal Justice Information Services (CJIS) ......................................... 42 Amazon Web Services Partner Package – US State and Local Government, and Education Q1 2022 Page iii
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11.3.1.1 AWS and CJIS ................................................................................... 42

11.3.1.2 CJIS for APN Partners ....................................................................... 43

11.3.2 Cloud Security Alliance (CSA)................................................................ 43

11.3.2.1 AWS and CSA.................................................................................... 43

11.3.2.2 CSA for APN Partners........................................................................ 43

11.3.3 Federal Information Security Management Act (FISMA)........................ 44

11.3.4 National Institute of Standards and Technology (NIST) 800-53 ............. 44

11.3.4.1 AWS and NIST 800-53....................................................................... 44

11.3.4.2 NIST 800-53 for APN Partners........................................................... 44

11.3.5 Uptime Institute Tiers ............................................................................. 45

11.3.5.1 AWS and Uptime Institute Tiers ......................................................... 45

11.3.5.2 Uptime Institute Tiers for APN Partners ............................................. 46

12.0 Managing your AWS Resources......................................................................... 46

12.1 AWS Management Console.......................................................................... 46

12.2 Command Line Interface (CLI)...................................................................... 47

12.3 AWS Developer Tools................................................................................... 47

12.4 Management Tools ....................................................................................... 47

13.0 Back-up and Disaster Recovery (DR)................................................................. 48

13.1 Backup and Restore ..................................................................................... 50

13.2 Pilot Light for Simple Recovery into AWS Warm Standby Solution .............. 51

13.3 Warm Standby Solution in AWS ................................................................... 51

13.4 Multi-Site Solution Deployed on AWS and Onsite ........................................ 51

14.0 Security Questionnaires ..................................................................................... 52

15.0 AWS Public Sector Access Policy – Instructions................................................ 53

16.0 Industry Analyst Reports on AWS Market Position............................................. 54 AWS Resources............................................................................................................ 56 AWS Overview........................................................................................................... 56 AWS Solutions........................................................................................................... 56 AWS Products and Services...................................................................................... 56 AWS in the Public Sector........................................................................................... 56 AWS Partner Community........................................................................................... 56 AWS Professional Services ....................................................................................... 56 AWS Pricing .............................................................................................................. 56 AWS Billing................................................................................................................ 57 AWS Security and Compliance.................................................................................. 57 AWS Support............................................................................................................. 57 AWS Training and Best Practices.............................................................................. 57 Industry Analysis........................................................................................................ 57 AWS Case Studies .................................................................................................... 57 Procurement .............................................................................................................. 57 Legal.......................................................................................................................... 57 Additional Resources................................................................................................. 57 Amazon Web Services Partner Package – US State and Local Government, and Education Q1 2022 Page iv
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AWS Whitepapers ..................................................................................................... 58 Amazon Web Services Partner Package – US State and Local Government, and Education Q1 2022 Page v
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Tables and Figures
Table 1– Benefits of the Cloud ........................................................................................ 5 Table 2 – Summary of AWS Assurance Programs ....................................................... 32 Table 3 – AWS SOC Reports........................................................................................ 38 Figure 1 – AWS Shared Responsibility Model................................................................. 7 Figure 2 – AWS Depth and Breadth of Services ........................................................... 11 Figure 3 – Map of AWS Regions and Availability Zones in the US ............................... 16 Figure 4 – Regions and Availability Zones .................................................................... 16 Figure 5 – Auto Scaling with Elastic Load Balancing and Amazon CloudWatch alarms21 Figure 6 – Fault Tolerant AWS Reference Architecture ................................................ 24 Figure 7 – Phases of Learning Continuum.................................................................... 30 Figure 8 – Features of AWS Training and Certification Delivery ................................... 30 Figure 9 – RPO and RTO.............................................................................................. 50 Figure 10 – Spectrum of DR Options ............................................................................ 50 Figure 11 – 2021 Gartner Magic Quadrant for Cloud Infrastructure and Platform Services ........................................................................................................................ 55 Amazon Web Services Partner Package – US State and Local Government, and Education Q1 2022 Page vi
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How to Use this Document
This document contains information on the most frequently requested proposal topics from our Amazon Web Services, Inc. (AWS) Partner Network (APN) Partners. Please reach out to your proposal manager if you need additional information to meet specific request for proposal/quotation/tender, etc. (RFx) requirements.

The content in this document is intended as informational material regarding AWS Cloud services that may be used to inform your responses to particular RFxs from your public sector customers. While AWS encourages you to rely on the Partner Package content to help you formulate your response, you may not attach the Partner Package to your response or copy and paste Partner Package content into your response without prior consent from AWS. Graphics or images may be copied and pasted into your response as long as: (1) clear and appropriate attribution is given to AWS or the third party source of such images and (2) such images are copied in their entirety and without modification.

AWS is not a party to any contract resulting from a proposal or tender. As it relates to your RFx response, AWS is a supplier—not a subcontractor—and we are not submitting a joint response or co-drafting a project scope. Your response must be on your letterhead and in your voice. AWS cannot write your response—or any part of your response—on your behalf.

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1.0 AWS Overview
Amazon has a long history of using a decentralized IT infrastructure. After over a decade of building and running the highly scalable e-commerce website Amazon.com, the company realized that it had developed a core competency in operating massive scale technology infrastructure and data centers. Amazon then embarked on a much broader mission of serving a new customer segment—developers and businesses— with web services customers can use to build sophisticated, scalable applications.

Today, Amazon Web Services, Inc. (AWS) is the world’s most comprehensive and broadly adopted cloud platform.

Since our inception in 2006, AWS has been an innovator in cloud computing, making over 200 services available to customers. AWS reduces the time and effort required to run existing workloads and provides access to powerful new analytics capabilities, all while meeting the security and privacy requirements that our customers expect. We also work to release new products to customers quickly, then rapidly iterate and improve on those products based on customer feedback. Our continual innovation helps healthcare customers maintain state-of-the-art IT infrastructure without having to make recapitalization investments. AWS currently supports an almost limitless variety of workloads for millions of customers worldwide.

1.1 State and Local Government and Education
The AWS Cloud is uniquely positioned to provide scalable, cost-efficient solutions to the state and local public sector and educational institutions, whether through open data initiatives, public safety modernization, education reform, citizen service improvements, or infrastructure programs. AWS Cloud services can be employed to meet mandates, reduce costs, drive efficiencies, and increase innovation. Over 7,500 government agencies, over 14,000 academic institutions, and over 35,000 nonprofit organizations around the world are already using AWS to address a diverse set of use cases. In addition, 96 percent of R1 Research Institutions are using AWS, and 19 of the top 20 most well-funded U.S. Education Technology startups are using AWS.

What makes AWS a leader for Internet of Things (IoT) for smart cities and digital government? AWS has been named a leader in worldwide applications platforms for smart cities according to the IDC MarketScape: Worldwide IoT Applications Platforms for Smart Cities 2019–2020 Vendor Assessment (doc # US43580918, January 2020). The report assessed the market landscape on IoT applications platforms for enabling smart cities.

According to the IDC MarketScape report, “Given the breadth of solutions and products offered and the interoperability with third-party developers and apps, AWS is a powerful platform for cities capable of handling this rapid pace of innovation and needed custom development work, and AWS offers relative ease for communities to scale for additional functionalities after initial deployment.” Amazon Web Services Partner Package – US State and Local Government, and Education Q1 2022 Page 2
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1.2 What You Can Do with AWS
With AWS, you can programmatically provision, monitor, and automate all the components of your cloud environment. AWS offers more than 175 fully featured services, including compute, storage, databases, networking, analytics, machine learning and artificial intelligence, IoT, mobile, security, hybrid, virtual and augmented reality, media, and application development, deployment, and management—all of which are listed at AWS Cloud Products. This makes it faster, easier, and more cost effective to move your existing applications to the cloud and build nearly anything you can imagine.

AWS offerings can be developed and managed by a range of programming languages, governance tools, networking services, and application augmentation services that integrate with other AWS Cloud services. These supporting components have multiple interfaces to AWS application programming interface (API)-based services, including software development kits (SDKs), integrated development environment (IDE) toolkits, and command line tools. AWS tools and features enable you to maintain consistent controls without restricting development velocity.

The following are some of the inventive ways in which the state and local government and educational institutions can use AWS.

1.2.1 State and Local Government
• Health and human services (HHS) agencies can use big data analytics and machine learning on AWS to leverage the information they already have to make well-informed, more confident decisions by building connections that may have otherwise gone unnoticed.
• Justice and public safety customers can use AWS to help them tackle public safety data needs like records management systems, body worn camera solutions, and next generation 911 technology.
• Digital government solutions on AWS can span open data initiatives, traffic analysis, citizen service improvements, and IoT-based smart city projects, such as early flood warning systems, predictive analytics for road maintenance, and efficient trash pickup.
• Elections administrators, political campaigns, and civic organizations can leverage AWS to provide underlying elections infrastructure in a secure, costeffective, and scalable way. • Local governments can create data lakes to connect disparate homeless management information system data, potentially revealing patterns that can help care providers rapidly create and tune interventions to the unique needs of groups experiencing homelessness.
• AWS offers a business continuity solution called CloudEndure Disaster Recovery that minimizes downtime and data loss by providing fast, reliable, cloud-based disaster recovery. The solution continuously replicates applications from physical, virtual, or cloud-based infrastructure to a low-cost staging area that is automatically provisioned in any target AWS Region of choice.

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1.2.2 Support for Remote Work and Learning
• Government agencies and educational institutions can quickly set up a cloudbased contact center with Amazon Connect for IT helpdesks and other departments needing to provide inbound and outbound support. • If you need to deliver personal cloud desktops to support remote work scenarios, you can use Amazon WorkSpaces to provision either Windows or Linux desktops in just a few minutes and quickly scale to provide thousands of desktops to users, anywhere.
• If you need to virtualize computer lab spaces to support online distance learning, you can centrally manage desktops and applications on Amazon AppStream 2.0 and securely deliver them to any computer using a web browser.

1.2.3 Education
• K12 and Primary Education can use AWS for data center migration, student data and analytics, and streamlining district IT operations, among other use cases. • Higher Education Institutions can support on-demand campus-wide IT management, easily deploy big data solutions, reduce their overall IT costs, and accelerate their research timelines by focusing on science rather than infrastructure.
• Join AWS Educate to access online learning modules for cloud computing to your students and virtual cloud labs to your faculty at no cost. • EdTechs can use AWS to build and launch solutions that help students learn, with the flexibility and agility needed to experiment.

1.3 Resources for Supporting Customers during COVID-19
AWS provides highly scalable and reliable infrastructure capacity, technical support, and AWS Cloud services to help customers with their research, remote work and learning, and other solutions to address their needs and the effects this is having on communities and businesses. The following are resources that may be helpful to you as you support customers during the pandemic:

AWS-Wide Resources:
• AWS Initiatives and Response to COVID-19
Healthcare Resources:
• Getting Started with a Healthcare Data Lake
• Using Machine Learning to Support Healthcare during a Pandemic • Building Multilingual SMS Chatbot Campaigns to Support COVID-19 Patients Remotely
Local Government:
• Using the Cloud to Help Labor, Workforce, and Human Services Agencies Cope with Increased Demand for Services
• Optimizing your Call Center to Improve Citizen Services with the Cloud Amazon Web Services Partner Package – US State and Local Government, and Education Q1 2022 Page 4
Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this document. • Mission: Addressing Food Insecurity
• How to Use AWS Tools to Build a Data-Driven Return-to-Work Strategy Education and Research:
• How to Build a Chatbot for your School in Less than an Hour • Resources for Researchers and Institutions to Work Remotely • Advice and Resources for Transitioning to Remote Learning, from the AWS Educate Community

2.0 Benefits of Working with the AWS Partner Network
(APN)
Amazon Web Services (AWS) recommends the AWS Partner Network (APN) for managed services. APN provides an extensive community of partner companies that offer solutions in areas such as value-added software, developer tools, and consulting expertise to help deploy and manage mission-critical workloads in the AWS Cloud. The APN program provides technical, business, and marketing support for this growing partner community.
• APN Consulting Partners: APN Consulting Partners are professional services firms that help customers design, architect, build, migrate, and manage workloads and applications on the AWS Cloud. APN Consulting Partners include System Integrators (SIs), strategic consultancies, agencies, Managed Service Providers (MSPs), and Value-Added Resellers (VARs).
• APN Technology Partners: In addition to consulting services, customers can work with APN Technology Partners that provide software solutions that are either hosted on, or integrated with, the AWS Cloud. APN Technology Partners include Independent Software Vendors (ISVs) and vendors for Software as a Service (SaaS), Platform as a Service (PaaS), developer tools, management, and security.

APN has tens of thousands of partners from all across the globe, including partners with solutions and experience in delivering government, education, and nonprofit customer missions around the world. AWS has added more than 35,000 new APN Partners since January 2016. More information on APN, along with a directory of AWS partners, can be found on the AWS Partner Network page.

2.1 Benefits of APN for Customers
Many of our customers work in tandem with APN Consulting Partners and APN Technology Partners in order to leverage their experience in areas such as value-added software, established business applications, developer tools, and consulting expertise.

APN provides access to qualified partners that resell AWS Cloud services and/or provide technical services to design, architect, build, migrate, and manage workloads and applications on AWS.

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APN Partners receive several benefits that distinguish them from other vendors and provide them with resources that assist their customers:
• APN Partners have access to training, service information, certifications, and other resources that help them to be experts in the AWS Cloud. These resources, often provided at a discount to qualifying partners, help APN Partners be more competent and confident in the solutions they offer to customers. • APN Partners have a direct line of access to AWS corporate resources – such as business developers, engineers, Solutions Architects, and more – to help build and enhance solutions that work the best for their customers. This level of support is not normally available to vendors and companies that do not participate in APN.
• APN Partners can attain AWS Competencies based on their specialization in key AWS solution areas. Attainment of an AWS Competency, which requires meeting or exceeding several requirements and passing a rigorous third-party audit of capabilities, is a public indication of the APN Partner’s ability to excel in an area of expertise. The AWS Public Sector Partner Program includes partners with solutions and experience in delivering on a combination of government, education, and non-profit customer missions around the world. • AWS offers the Solution Provider Program – designed for systems integrators, managed service providers, value-added resellers, and other public sector partners – to resell AWS Services as part of a differentiated solution. Under this program, Authorized Solution Providers manage, service, support, and bill AWS accounts for end customers.

The Solution Provider Program includes a tiered discount structure based on technical capabilities and success in driving a new business. It includes flexible contracting options to help meet unique end customer requirements, and it provides partners with multiple AWS Support models that align with most AWS partner practices.

Visit the Engage with AWS Partners page to learn more about customer success stories with APN Partners, learn more about APN Partner specialties, and search for APN Partners by service, industry, workload, or solution. The APN Journal page provides additional information on how APN Partners are helping customers achieve success in the AWS Cloud.

3.0 Benefits of Cloud Computing
Table 1 highlights the benefits of cloud computing, many of which are unique to the AWS Cloud.

Table 1– Benefits of the Cloud
Benefit of
Cloud Benefit to Customers
Access to more
functionality
Cloud computing gives you access a to broad selection of services that make it easier, faster, and more cost-effective to migrate your existing apps to the cloud and build nearly anything you could imagine. AWS has developed the broadest Amazon Web Services Partner Package – US State and Local Government, and Education Q1 2022 Page 6
Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this document. collection of services available from any cloud provider. We have been continually expanding our services to support virtually any cloud workload, and we now have more than 200 services. Refer to the 2021 Magic Quadrant for Cloud Infrastructure and Platform Services for a third-party assessment of AWS’s broad service offerings.

Scalable
applications
Rather than sitting on expensive idle resources or dealing with limited capacity, with cloud computing you can access as much or as little as you need and scale up and down as required with only a few minutes’ notice. You can also design your applications to automatically and rapidly scale resources (and costs) up or down based on the actual demands on the system.

Increased speed
and agility
In a cloud computing environment, new IT resources are only a click away, which means you reduce the time it takes to make those resources available to your developers from weeks to just minutes. This results in a dramatic increase in agility for the organization, since the cost and time it takes to experiment and develop is significantly lower. You also have continual access to the newest resources and services to keep your organization on the leading edge.

Parallel fleets Many customers need to create pre-production, beta, and testing fleets to ensure the quality of their application at each stage of the development lifecycle. These parallel fleets are not always used optimally: expensive hardware may sit unused for long periods of time. In the cloud, you can provision testing fleets as you need them and simulate user traffic during load testing. You can also use parallel fleets as a staging environment for a new production release, enabling quick switchover from current production to a new application version with little or no service outages.

Increased pace
of innovation
Since our inception, AWS has been an innovator in defining cloud computing by working to get new products to customers quickly, then rapidly iterating and improving on those products based on customer feedback. Our continual innovation helps customers maintain state-of-the-art IT infrastructure without having to make recapitalization investments.

Massive
economies of
scale
AWS’s global footprint, efficiencies from automation, and economies of scale allow us to pass savings to you on a continuous basis. We continually focus on reducing our data center hardware costs, improving our operational efficiencies, lowering our power consumption, and passing savings back to customers. As of March 15, 2021, we have reduced prices 107 times since AWS launched in 2006. Additionally, we provide multiple pricing options that can save you 90% from on-demand rates if you choose to pre-purchase capacity or make use of spare capacity.

Minimal
downtime
Cloud computing allows you to easily deploy applications across the country (or even the world), providing higher availability, lower latency, and a better experience at minimal cost. Our infrastructure is designed for physical redundancy and provides resilience, enabling uninterrupted performance, even in the event of power outages, internet downtime, floods, and other natural disasters. AWS currently has 6 geographic Regions and 22 Availability Zones throughout the United States.

Information on each Region can be found at AWS Global Infrastructure.

Security and
compliance
AWS customers obtain greater security in the cloud than is available in traditional data centers. The AWS Cloud infrastructure has been designed and managed in alignment with many regulations, standards, and industry best practices, and AWS manages over 2,500 security controls. AWS is under a constant state of audit to comply with multiple risk management and compliance regimes, all of which are described on the AWS Compliance page. AWS also offers a suite of services to help you manage security and compliance, including access control, encryption, and threat detection.

Auditability The message-based interoperability of web services allows customer configuration and use of AWS products to be uniformly logged, monitored, and audited. AWS Amazon Web Services Partner Package – US State and Local Government, and Education Q1 2022 Page 7
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CloudTrail, for example, allows you to log, continuously monitor, and retain account activity related to actions across your AWS infrastructure—making it easier for you to demonstrate compliance with policies or regulatory standards.

Focus on core
competencies
The ultimate benefit of the cloud is that customers can spend less time on undifferentiated tasks and more time focusing on the core competencies that add value to their organizations.

4.0 Shared Responsibility Model
Because our customers build systems on top of AWS Cloud infrastructure, security and compliance responsibilities are shared between AWS and the customer. This shared responsibility model can help relieve customers’ operational burden as AWS operates, manages, and controls the components from the host operating system and virtualization layer down to the physical security of the facilities in which the service operates. Customers—and in some cases, our AWS Partner Network (APN) Partners who work with those customers—control how they architect and secure their applications and data put on the AWS Cloud. AWS provides a wide array of security and compliance services, and customers should carefully consider the services used, integration of those services into their IT environment, and applicable laws and regulations. AWS’s shared responsibility/security model is depicted in Figure 1.

Figure 1 – AWS Shared Responsibility Model
This differentiation of responsibility is commonly referred to as security of the cloud versus security in the cloud.
• AWS Responsibility (Security of the Cloud) – AWS is responsible for protecting the infrastructure that runs all of the services offered on the AWS Amazon Web Services Partner Package – US State and Local Government, and Education Q1 2022 Page 8
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Cloud. This infrastructure is composed of the hardware, software, networking, and facilities that run AWS Cloud services.
• Customer/APN Partner Responsibility (Security in the Cloud) – Customers/APN Partners assume responsibility and management of the guest operating system (including updates and security patches); other associated application software; configuration of the AWS-provided security group firewalls; and other security, change management, and logging features.

AWS’s shared responsibility model is further explained on the AWS Compliance webpage.

4.1 Shared Controls for Security and Compliance
Some controls apply to both the infrastructure layer (AWS responsibility) and customer layers (customer/APN Partner responsibility), but in completely separate contexts or perspectives. In a shared control, AWS provides the requirements for the infrastructure, and the customer/APN Partner must provide their own control implementation within their use of AWS Cloud services. Examples of these shared controls include the following:
• Patch Management – AWS is responsible for patching and fixing flaws within the infrastructure, but customers/APN Partners are responsible for patching their guest operating systems and applications.
• Configuration Management – AWS maintains the configuration of its infrastructure devices, but customers/APN Partners are responsible for configuring their own guest operating systems, databases, and applications. • Awareness and Training – AWS trains AWS employees, but customer/APN Partners must train their own employees.

For example, services such as Amazon Elastic Compute Cloud (Amazon EC2), Amazon Virtual Private Cloud (Amazon VPC), and Amazon Simple Storage Service (Amazon S3) are categorized as infrastructure as a service (IaaS) and, as such, require the customer to perform all of the necessary security configuration and management tasks.

If a customer deploys an Amazon EC2 instance, they are responsible for management of the guest operating system (including updates and security patches), any application software or utilities installed by the customer on the instances, and the configuration of the AWS-provided firewall (called a security group) on each instance.

4.2 Data Privacy and Ownership
As a customer, you maintain ownership of your content, and you select which AWS Cloud services can process, store, and host your content. We do not access or use your content for any purpose without your consent. AWS gives you ownership and control over your content through simple, powerful tools that allow you to determine where your content will be stored, secure your content in transit and at rest, and manage your access to AWS Cloud services and resources for your users. We also implement responsible and sophisticated technical and physical controls that are designed to prevent unauthorized access to or disclosure of your content.

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Four basic guidelines of data privacy and ownership on AWS include the following:
• Access – As a customer, you manage access to your content and user access to AWS Cloud services and resources. We provide an advanced set of access, encryption, and logging features to help you do this effectively (such as AWS CloudTrail). We do not access or use your content for any purpose without your consent. Customer virtual instances are solely controlled by the customer who has full root access or administrative control over accounts, services, and applications.

AWS personnel do not have the ability to log into customer instances. We never use your content or derive information from it for marketing or advertising. • Geographical Location of Data – You choose the AWS Region(s) in which your content is stored. We do not move or replicate your content outside of your chosen AWS Region(s) without your consent, except as legally required and as necessary to maintain the AWS Cloud services.
• Security – You choose how your content is secured, including via tokenization, data decomposition, cyber detection, and encryption. We have developed a security assurance program that uses best practices for global privacy and data protection to help you operate securely within AWS, and to make the best use of our security control environment. These security protections and control processes are independently validated by multiple third-party independent assessments. We also offer you strong encryption for your content in transit and at rest, and we provide you with the option to manage your own encryption keys. • Disclosure of Customer Content – We do not disclose customer content unless we’re required to do so to comply with the law, or with a valid and binding order of a governmental or regulatory body. Unless we are prohibited from doing so or there is clear indication of illegal conduct in connection with the use of Amazon products or services, Amazon notifies customers before disclosing customer content so they can seek protection from disclosure. Additional information can be found in our latest transparency report and our Amazon Law Enforcement Guidelines.

4.3 Customer Control of Data Residency
Some customers mandate data residency—the requirement that all customer content processed and stored in an IT system remain within specific geographical borders.

However, regardless of the physical location, if IT systems are in any way connected to the internet (or other multi-party networks)—even indirectly—they are at considerable risk. In fact, most vulnerabilities are exploited remotely. In addition, manual processes present risk for human error, and insider threats prevail as a significant risk regardless of the data’s physical location. Real world examples have shown that storing data on your own servers, in your own datacenter, in your own country, is by no means an adequate basis for securing your data.

AWS data centers are secure by design based on our physical and environmental controls. Both Gartner and IDC concluded that the security posture of major cloud service providers (CSPs) is equal to or better than the best enterprise data centers, and Amazon Web Services Partner Package – US State and Local Government, and Education Q1 2022 Page 10
Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this document. that security should no longer be considered a primary inhibitor to the adoption of public cloud services. In fact, customers actually benefit from the security native in the cloud.

Although data residency does not inherently mean stronger security, it is possible for customers to adhere to these regulations on AWS. Customers own their data and choose the Region(s) in which they store their data. AWS does not access customer data without their consent, and their data does not move unless the customer decides to move it. It is therefore possible for a customer to benefit from our inherited physical and environmental controls while still keeping their data within the United States. In addition, customers can build hybrid cloud architectures that integrate their on-premises and cloud operations for use cases such as data center extension and edge computing.

Read more in our Data Residency policy perspectives whitepaper and Hybrid Cloud with AWS page.

5.0 Services Overview
AWS has been continually expanding its services to support virtually any cloud workload. We now have more than 200 fully featured services, with several highlighted in the following subsections and depicted in Figure 2. In addition, our AWS Documentation page provides user guides, developer guides, API references, and tutorials to help our customers and APN Partners get started on AWS and learn more about each of our services. You can also watch videos or read through AWS reference architectures and architecture whitepapers at AWS Architecture Center. Further, you can visit the AWS This is My Architecture web page for innovative cloud architectures from customers and APN Partners.

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Figure 2 – AWS Depth and Breadth of Services
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5.1 Compute Services
AWS offers a comprehensive portfolio of compute services, allowing you to develop, deploy, run, and scale your applications and workloads. Our compute services range from virtual machines and servers with Amazon EC2 and Amazon Lightsail, to containers with Amazon Elastic Container Service (Amazon ECS) and AWS Fargate, to serverless with AWS Lambda, and more.

Did you know?
80% of all containerized applications running in the cloud run on AWS.

5.2 Storage Services
AWS offers a complete range of cloud storage services to support both application and archival compliance requirements. Select from object, file, and block storage services— like Amazon S3, Amazon Elastic File System (Amazon EFS), Amazon FSx, and Amazon Elastic Block Store (Amazon EBS)—and archive, backup, and hybrid storage— like Amazon S3 Glacier, AWS Backup, and AWS Storage Gateway.

Did you know?
• Amazon S3 is designed for 99.999999999% (11 9's) of durability, and stores data for millions of applications for companies all around the world.

5.3 Database Services
AWS offers fully managed database services such as relational databases for transactional applications (Amazon Aurora and Amazon Relational Database Service [Amazon RDS]), non-relational databases for internet-scale applications (Amazon DynamoDB), a data warehouse for analytics (Amazon Redshift), an in-memory data store for caching and real-time workloads (Amazon ElastiCache), a graph database for building applications with highly connected data (Amazon Neptune), a time series database for measuring changes over time (Amazon Timestream), a document database (Amazon DocumentDB), a wide column store (Amazon Managed Apache Cassandra Service), and a ledger database to maintain a complete and verifiable record of transactions (Amazon Quantum Ledger Database [Amazon QLDB]).

Did you know?
• On September 30, 2019, Amazon’s Consumer business turned off its final Oracle database after migrating nearly 7,500 databases and 75 petabytes of data across hundreds of items to AWS database services.
• Amazon Aurora is the fastest growing service in the history of AWS. Tens of thousands of AWS customers use Amazon Aurora for their relational databases.

5.4 Analytics Services
Each analytic service AWS provides is purpose-built for a wide range of analytics use cases such as interactive analysis (Amazon Athena), big data processing using Apache Spark and Hadoop (Amazon EMR), data warehousing (Amazon Redshift), real-time analytics (Amazon Kinesis), operational analytics (Amazon OpenSearch Service), data Amazon Web Services Partner Package – US State and Local Government, and Education September 2021 Page 13
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Did you know?
AWS hosts more than 10,000 of data lakes.

5.5 Networking and Content Delivery Services
AWS networking and content delivery services enable you to isolate your cloud infrastructure with Amazon VPC, scale your request handling capacity with Elastic Load Balancing, and connect your physical network to your private virtual network with AWS Direct Connect. We also offer a secure global content delivery network (CDN) with Amazon CloudFront and a scalable cloud Domain Name Service (DNS) with Amazon Route 53.

To build a network for microservices architectures, AWS enables customers to application-level networking for containers and microservices (AWS App Mesh), create, maintain, and secure APIs at any scale (Amazon API Gateway), and discover AWS Cloud services connected to your applications (AWS Cloud Map).

5.6 Migration and Transfer Services
Whether you are migrating a server, database, or raw data into the AWS Cloud, AWS offers a suite of tools to help you with your migration. AWS Database Migration Service (DMS) helps you migrate databases while the source database remains fully operational. The AWS Snow Family of devices helps you to physically transport up to exabytes of data into and out of the AWS Cloud. To help track your migration, AWS Migration Hub provides a single location to track the progress of application migrations across multiple AWS solutions. In addition, AWS Application Discovery Service helps you plan migration projects by gathering information about your on-premises data centers. Migration Evaluator delivers accurate data-driven recommendations to rightsize and right-cost compute. AWS Application Migration Service (AWS MGN) allows you to quickly realize the benefits of migrating applications to the cloud without changes and with minimal downtime.

Did you know?
More than 450,000 databases have been migrated using AWS DMS.

5.7 Management and Governance Services
AWS provides a set of management tools that allows you to programmatically provision, monitor, and automate all the components of your cloud environment. Using these tools, you can maintain consistent controls without restricting development velocity. AWS provides four kinds of management tools that work together and are integrated with the AWS platform. These tools include provisioning tools such as AWS Control Tower and AWS CloudFormation, operations management tools such as AWS Systems Manager, monitoring and logging tools such as Amazon CloudWatch, configuration management services such as AWS Config and AWS OpsWorks, monitoring and auditing tools such as Amazon CloudWatch and AWS CloudTrail, and more.

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Did you know?
• Amazon CloudWatch monitors more than 1 quadrillion (or 1000 trillion) metric observations per month, with over 1 million customers using the service weekly.

5.8 Security, Identity, and Compliance Services
AWS provides security tools and services that can help you every step of the way to ensure understanding of and transition to a secure cloud, from encryption with AWS Key Management Service (KMS) to threat detection with Amazon GuardDuty to Distributed Denial of Service (DDoS) protection with AWS Shield. AWS Identity and Access Management (IAM) allows customers to have granular control over access to your services. Furthermore, Amazon Macie can help you discover, classify, and protect your most sensitive data.

5.9 Developer Tools
The AWS Developer Tools is a set of services designed to enable developers and IT operations professionals practicing DevOps to rapidly and safely deliver software.

Together, these services help you securely store and version control your application’s source code and automatically build, test, and deploy your application to AWS or your on-premises environment.

5.10 Machine Learning and Artificial Intelligence Services AWS offers pre-trained AI services for computer vision (Amazon Rekognition), language (Amazon Polly, Amazon Comprehend, Amazon Textract, Amazon Translate, Amazon Transcribe, and Amazon Lex), recommendations (Amazon Personalize), and forecasting (Amazon Forecast), with several more in preview. AI services easily integrate with your applications to address common use cases such as personalized recommendations, modernizing your contact center, improving safety and security, and increasing customer engagement. In addition, Amazon SageMaker helps you to quickly build, train and deploy machine learning models at scale.

Amazon SageMaker removes the heavy lifting from each step of the machine learning process to make it easier to develop high quality models. SageMaker provides all of the components used for machine learning in a single toolset so models get to production faster with much less effort and at lower cost. SageMaker includes features specific to the various stages of ML model development and launch: Collect and Prepare, Build, Train and Tune, and Deploy.

Did you know?
Amazon SageMaker provides Managed Spot Training to help you to reduce training costs by up to 90%.

5.11 IoT Services
AWS IoT provides broad and deep functionality and brings together data management and rich analytics so that you can build IoT solutions for virtually any use case across a wide range of devices. Our device software (FreeRTOS and AWS IoT Greengrass) Amazon Web Services Partner Package – US State and Local Government, and Education September 2021 Page 15
Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this document. enables you to securely connect devices, gather data, and take intelligent actions locally—even when internet connectivity is not available. Our control services (AWS IoT Core, AWS IoT Device Defender, AWS IoT Device Management, and AWS IoT Things Graph) allow you to control, manage, and secure large and diverse device fleets.

Finally, our data services (AWS IoT Analytics, AWS IoT Events, and AWS IoT SiteWise) help you extract value from IoT data.

5.12 Mobile Services
AWS offers a suite of services for building and deploying mobile applications, including AWS Amplify for provisioning and managing backends for your mobile applications, AWS Device Farm for app testing, and Amazon Pinpoint for customer engagement.

5.13 Call Center Services
Amazon Connect provides a seamless omnichannel experience through a single unified contact center for voice and chat.

5.14 Hybrid Services
AWS offers hybrid cloud services that can help you integrate a mix of cloud, onpremises data centers, and edge locations. VMware Cloud on AWS is an integrated cloud offering jointly developed by AWS and VMware that allows organizations to seamlessly migrate and extend their on-premises VMware vSphere-based environments to the AWS Cloud. AWS Outposts is a hybrid cloud solution that brings the AWS infrastructure, services, APIs, management tools, and support to virtually any data center, co-location space, or on-premises facility.

5.15 AWS Marketplace
AWS Marketplace is an online store that helps customers find, buy, and immediately start using the software and services they need to build products and run their businesses. More than 310,000 active customers are using software from AWS Marketplace, which offers 50 categories from more than 1,600 independent software vendors.

5.16 Other Services
In addition to the types of services listed above, AWS also offers services for application integration, desktop apps, blockchain, quantum technologies, media streaming, satellite, robotics, AR/VR, game development, and more.

6.0 AWS Cloud Infrastructure
Our AWS Cloud infrastructure allows customers to build solutions that are more highly available, fault tolerant, and scalable than would be possible with a single data center.

This is because the AWS Cloud infrastructure is built around Regions and Availability Zones. A Region is a physical location in the world where we have multiple Availability Amazon Web Services Partner Package – US State and Local Government, and Education September 2021 Page 16
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Zones. Availability Zones consist of one or more discrete data centers, each with redundant power, networking, and connectivity and housed in separate facilities.

AWS currently has 6 Regions and 22 Availability Zones in the United States (see Figure 3). Information on each Region can be found at the AWS Global Infrastructure page. The AWS products and services that are available in each region are listed at the AWS Regional Services webpage.

Figure 3 – Map of AWS Regions and Availability Zones in the US Figure 4 illustrates the relationship between regions and Availability Zones.

Figure 4 – Regions and Availability Zones

6.1 Data Center Physical Location
AWS does not disclose the exact location of data centers and does not allow data center access to customers, as this exposes a wide range of customers to physical access of a third party. To meet this customer need, an independent and competent Amazon Web Services Partner Package – US State and Local Government, and Education September 2021 Page 17
Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this document. auditor validates the presence and operation of controls as part of our System and Organization Controls (SOC 1) Type 2 report. This broadly accepted third-party validation provides customers with the independent perspective of the effectiveness of controls in place. AWS customers that have signed a non-disclosure agreement (NDA) with AWS may request a copy of the SOC 1 Type 2 report.

6.2 Data Center Audits
Instead of allowing customers to perform physical audits, AWS has an independent third party perform audits of its data centers. These audits are conducted in accordance with the Federal Risk and Authorization Management Program (FedRAMP), American Institute of Certified Public Accountants (AICPA): AT 801 (formerly Statement on Standards for Attestation Engagements [SSAE] 16), and International Standards for Assurance Engagements (ISAE) 3402 professional standards.

The auditors produce a SOC 1 Type 2 report in connection with the audit. Independent reviews of data center physical security are also part of an International Organization for Standardization (ISO) 27001 audit, a Payment Card Industry (PCI) Data Security Standard (DSS) assessment, and an International Traffic in Arms Regulations (ITAR) audit.

Our rigorous attention to auditing provides peace of mind to our customers. Much as a customer trusts a bank based on reputation and regulation by the Federal Deposit Insurance Corporation (FDIC), our customers trust the independent third party audits described above. It is widely accepted that such accrediting organizations are competent and qualified to assure customer confidence and acceptance without a personal inspection and accreditation—or customers having to hire their own accreditor.

To help you fulfill your own audit and regulatory requirements, we detail our controls on our website.

6.3 Data Center Virtual Tours
You can take a virtual tour of our data centers. The following provides a list of each data center layer with a link to a virtual tour for each one. • Perimeter Layer – AWS data center physical security begins at the Perimeter Layer. This layer includes a number of security features depending on the location, such as security guards, fencing, security feeds, intrusion detection technology, and other security measures.
• Infrastructure Layer – The Infrastructure Layer is the data center building and the equipment and systems that keep it running. Components like back-up power equipment, the HVAC system, and fire suppression equipment are all part of the Infrastructure Layer. These devices and systems help protect servers and ultimately your data.
• Data Layer – The Data Layer is the most critical point of protection because it is the only area that holds customer data. Protection begins by restricting access Amazon Web Services Partner Package – US State and Local Government, and Education September 2021 Page 18
Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this document. and maintaining a separation of privilege for each layer. In addition, we deploy threat detection devices, video surveillance, and system protocols, further safeguarding this layer.
• Environmental Layer – The Environmental Layer is dedicated to environmental considerations from site selection and construction to operations and sustainability. AWS carefully chooses our data center locations to mitigate environmental risk such as flooding, extreme weather, and seismic activity.

6.4 Data Center Security
AWS’s data centers are state of the art, using innovative architectural and engineering approaches. Amazon has many years of experience in designing, constructing, and operating large-scale data centers. This experience has been applied to the AWS Cloud. The following subsections address some of our customers’ frequently asked questions about our data center security.
• Physical and Environmental Security – AWS data centers are housed in nondescript facilities for anonymity. Physical access is strictly controlled at both the perimeter and at building ingress points by professional security staff using video surveillance, intrusion detection systems, and other electronic means.

Authorized staff must pass two-factor authentication a minimum of two times to access data center floors. All visitors and contractors are required to present identification and are signed in and continually escorted by authorized staff. AWS only provides data center access and information to employees and contractors who have a legitimate business need for such privileges. When an employee no longer has a business need for these privileges, his or her access is immediately revoked, even if they continue to be an employee of Amazon or AWS. All physical access to data centers by AWS employees is logged and audited. • Fire Detection and Suppression – Automatic fire detection and suppression equipment has been installed to reduce risk. The fire detection system utilizes smoke detection sensors in all data center environments, mechanical and electrical infrastructure spaces, chiller rooms and generator equipment rooms.

These areas are protected by either wet-pipe, double-interlocked pre-action, or gaseous sprinkler systems.
• Power – The data center electrical power systems are designed to be fully redundant and maintainable without impact to operations 24 hours a day and seven days a week. Uninterruptible power supply (UPS) units provide backup power in the event of an electrical failure for critical and essential loads in the facility. Data centers use generators to provide backup power for the entire facility. • Climate and Temperature – Climate control is required to maintain a constant operating temperature for servers and other hardware, which prevents overheating and reduces the possibility of service outages. Data centers are conditioned to maintain atmospheric conditions at optimal levels. Personnel and systems monitor and control temperature and humidity at appropriate levels. • Physical Plant Management – AWS monitors electrical, mechanical, and life support systems and equipment so that any issues are immediately identified.

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Preventative maintenance is performed to maintain the continued operability of equipment.
• Storage Device Decommissioning – As part of AWS’s storage decommissioning process, when a storage device has reached the end of its useful life, AWS procedures include a decommissioning process that is designed to prevent customer data from being exposed to unauthorized individuals. AWS uses the techniques detailed in National Institute of Standards and Technology (NIST) 800-88 (Guidelines for Media Sanitization) as part of the decommissioning process.

AWS will provide the SOC 1 Type 2 report to customers under NDA. The AWS Security Center provides up-to-date information on AWS audits by independent third-party auditors.

7.0 Automatically Scaling your Resources
To be confident that your infrastructure can handle a spike in traffic, you can use AWS Auto Scaling and Elastic Load Balancing to automatically scale your AWS cloud-based resources up to meet unexpected demand, and then scale those resources down as demand decreases. While AWS Auto Scaling adjusts capacity for multiple resources, Elastic Load Balancing distributes incoming application traffic across targets such as Amazon EC2 instances and containers.

7.1 Scaling
AWS Auto Scaling monitors your applications and automatically adjusts capacity to maintain steady, predictable performance at the lowest possible cost. The service provides a user interface that lets you build scaling plans for resources including Amazon EC2 instances and Spot Fleets, Amazon ECS tasks, Amazon DynamoDB tables and indexes, and Amazon Aurora Replicas.

Auto Scaling maintains the number of instances that you specify by performing periodic health checks on the instances in the group. If an instance becomes unhealthy, the group terminates the unhealthy instance and launches another instance to replace it.

Auto Scaling policies can be used to automatically increase or decrease the number of running Amazon EC2 instances in a group of servers to meet changing conditions.

When the scaling policy is in effect, the Auto Scaling group adjusts the desired capacity of the group and launches or terminates the instances as needed, either dynamically or on a schedule if there is a known and predictable ebb and flow of traffic.

7.2 Load Balancing
Elastic Load Balancing automatically distributes incoming application traffic across multiple targets, such as Amazon EC2 instances, containers, IP addresses, and AWS Lambda functions. It can handle the varying load of your application traffic in a single Availability Zone or across multiple Availability Zones. When combined with Auto Scaling, Amazon Web Services Partner Package – US State and Local Government, and Education September 2021 Page 20
Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this document. the number of healthy nodes is automatically rebalanced with the other Availability Zones, and no manual intervention is required.

Elastic Load Balancing offers three types of load balancers that all feature the high availability, automatic scaling, and robust security necessary to make your applications fault tolerant:
• Application Load Balancer – Best suited for load balancing of HTTP and HTTPS traffic
• Network Load Balancer – Best suited for load balancing of Transmission Control Protocol (TCP) traffic where extreme performance is required • Classic Load Balancer – Best suited for applications that were built within the Amazon EC2-Classic network

7.3 Monitoring and Alarms
Customers can use Amazon CloudWatch to collect and track metrics, collect and monitor log files, and set alarms. Customers can architect their solutions so that Amazon CloudWatch’s metrics and alarms can work together with Auto Scaling and Elastic Load Balancing to dynamically deploy new instances on-demand, as depicted in Figure 5. This type of automation takes some of the administrative burden off of the customer and allows the infrastructure to manage itself on-the-fly.

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Figure 5 – Auto Scaling with Elastic Load Balancing and Amazon CloudWatch alarms Amazon Web Services Partner Package – US State and Local Government, and Education September 2021 Page 22
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8.0 Architecting for High Availability and Reliability
Availability and reliability are shared responsibilities between AWS and the APN Partner/customer. AWS is responsible for ensuring that our services are continuously available and that we are prepared to handle a wide range of events that could affect our infrastructure. You are responsible for designing, deploying, and testing your applications on AWS to achieve the availability and resiliency you need, including for mission-critical applications that require almost no downtime. The following subsections further detail AWS and customer responsibilities for availability and reliability.

8.1 AWS Responsibility: Data Center Availability and Reliability AWS builds to guard against outages and incidents, and we account for them in the design of our services—so when disruptions do occur, their impact on customers and the continuity of services is as minimal as possible.

To minimize disruptions, AWS employs compartmentalization. We have multiple constructs that provide different levels of independent, redundant components. For example, our Regions are isolated from each other, meaning that a disruption in one Region does not result in disruption in other Regions. Our Availability Zones are physically separated and isolated, and they are built with highly redundant networking to withstand local disruptions. AWS also leverages a concept known as cell-based architecture, by which resources and requests are partitioned into “cells” that are designed to be independent of each other. This design minimizes the chance that a disruption in one cell—for example, one subset of customers—would disrupt other cells.

Additionally, although the likelihood of large-scale incidents is very low, AWS is prepared to manage them should they occur. We maintain a series of incident response plans covering both common and uncommon events, and we update them regularly to incorporate lessons learned and prepare for emerging threats.

8.2 Customer Responsibility: Designing for Availability and Reliability
While AWS goes to great lengths to provide availability and reliability of the cloud, our customers share responsibility for ensuring availability and reliability within the cloud.

Some best practices we recommend for building highly resilient systems on the AWS Cloud include the following:
• Design for Failure – It is best practice to architect across multiple AZs in the same Region to achieve extremely high Recovery Time Objectives (RTOs), Recovery Point Objectives (RPOs), and service availability. For mission-critical applications, it is best practice to architect across Regions to handle the rare case of an entire Region failing—perhaps as a result of a major physical attack. • Automate Failover and Recovery – You can use AWS Auto Scaling to monitor your applications and automatically adjust capacity to maintain the optimal level to satisfy demand without over- or under-provisioning. You can also use AWS Amazon Web Services Partner Package – US State and Local Government, and Education September 2021 Page 23
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Personal Health Dashboard, which provides alerts and remediation guidance when AWS is experiencing events that may impact you. AWS Personal Health Dashboard can integrate with Amazon CloudWatch Events, enabling you to build custom rules and select targets such as AWS Lambda functions to define automated remediation actions.
• Test your Recovery Procedures – You can use a test environment to simulate different failures or to recreate scenarios that led to failures before. This exposes failure pathways that you can test and fix before a real failure scenario, reducing the risk of components that have not been tested before failing.

8.3 Service Level Agreements
AWS provides Service Level Agreements (SLAs) that apply to customer use of specific services. Due to the rapidly evolving nature of AWS Cloud service offerings, our SLAs are best reviewed directly on our website here.

8.4 Resources and Reference Architecture
Building Fault-Tolerant Applications on AWS is a great introduction to achieving high availability in the cloud. In addition, the AWS Well-Architected Framework codifies the experiences of thousands of customers, helping customers assess and improve their cloud-based architectures and mitigate disruptions. Our Reliability Pillar whitepaper provides guidance to help you apply best practices to achieve reliability.

In addition, the AWS Architecture Center is designed to provide customers with the necessary guidance and application architecture best practices to build highly scalable and reliable applications in the AWS Cloud. These resources provide architectural guidance for design and implementation of systems that run on the AWS infrastructure.

Figure 6 provides a reference architecture for fault tolerance and high availability.

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Figure 6 – Fault Tolerant AWS Reference Architecture
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9.0 Building Secure Solutions on AWS
AWS manages over 1,800 security controls to provide a secure environment for our customers. The AWS virtual infrastructure is designed to provide optimum availability while ensuring customer security, privacy, and segregation. AWS’s highly secure data centers use state-of-the-art electronic surveillance and multi-factor access control systems and maintain strict, least-privileged-based access authorizations. Our environmental systems are designed to minimize the impact of disruptions to operations, and our multiple Regions and Availability Zones allow customers to remain resilient in the face of most failure modes. AWS Regions are connected to multiple internet service providers (ISPs) as well as to a private global network backbone, which provides lower cost and more consistent cross-region network latency when compared with the public internet.

Remember that security is a shared responsibility between AWS and the APN Partner/customer, as discussed in Section 4.0. While AWS is responsible for protecting the infrastructure that runs all of the services offered in the AWS Cloud, APN Partners/customers control how they architect and secure their applications and data on the AWS Cloud. In addition, AWS provides security documentation that shows you how to configure AWS services to meet your security and compliance objectives.

The following subsections provide further information on some of our most-inquiredabout aspects of security. You can find more detail about security and responsibilities in our Overview of Security Processes whitepaper and AWS Security Best Practices, and by visiting the AWS Cloud Security and AWS Security Documentation pages.

9.1 Granting and Managing Account Access
Identity and access management are key parts of an information security program, ensuring that only authorized and authenticated users are able to access your resources, and only in a manner that you intend. Using AWS Identity and Access Management (IAM), you can create and manage AWS users and groups, assign them security credentials (e.g., access keys, passwords, and multi-factor authentication [MFA] devices), and use permissions to allow and deny their access to AWS resources.

You can also request temporary security credentials for users who only require shortterm access.

9.1.1 IAM Users
An IAM user is an entity that you create in AWS. The IAM user represents the person or service who uses the IAM user to interact with AWS. A user in AWS consists of a name, a password to sign into the AWS Management Console, and up to two access keys that can be used with the API or CLI.

When you create an IAM user, you grant it permissions either by making it a member of a group that has appropriate permission policies attached (recommended) or by directly attaching policies to the user. You can also clone the permissions of an existing IAM AWS Partner Package – US
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A root user is a single sign-in identity that has complete access to all AWS Cloud services and resources in the account. It is a security best practice to not use your root account because of its complete access. Instead, create individual users and grant them each the minimum amount of privilege necessary, which is known as least privilege. Note that all users have zero privileges by default. You can manage users’ privilege by individual user or by groups.

9.1.2 IAM Groups
An IAM user group is a collection of IAM users. You can use groups to specify permissions for a collection of users, which can make those permissions easier to manage for those users. For example, you could have a group called Admins and give that group the types of permissions that administrators typically need. Any user in that group automatically has the permissions that are assigned to the group. Note that a group is not truly an identity because it cannot be identified as a Principal in a resourcebased or trust policy. It is only a way to attach policies to multiple users at one time.

9.1.3 IAM Roles
An IAM role is very similar to a user, in that it is an identity with permission policies that determine what the identity can and cannot do in AWS. However, a role does not have any credentials (password or access keys) associated with it. Instead of being uniquely associated with one person, a role is intended to be assumable by anyone who needs it.

An IAM user can assume a role to temporarily take on different permissions for a specific task. A role can be assigned to a federated user who signs in by using an external identity provider instead of IAM. AWS uses details passed by the identity provider to determine which role is mapped to the federated user.

9.1.4 Identity Federation
With federation, you can use single sign-on (SSO) to access your AWS accounts using credentials from your corporate directory. Federation uses open standards such as Security Assertion Markup Language 2.0 (SAML) to exchange identity and security information between an identity provider and an application.

9.1.5 Setting Granular Permissions
Access control policies are attached to users, groups, and roles to assign permissions to AWS resources. By default, IAM users, groups, and roles have no permissions; users with sufficient permissions must use a policy to grant the desired permissions.

Using policies, you can specify several layers of permission granularity. First, you can define specific AWS service actions you wish to allow or explicitly deny access to.

Second, depending on the action, you can define specific AWS resources the actions can be performed on. Third, you can define conditions to specify when the policy is in effect (for example, if MFA is enabled or not).

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9.1.6 Temporary Security Credentials
You can use the AWS Security Token Service (AWS STS) to create and provide trusted users with temporary security credentials that can control access to your AWS resources. Temporary security credentials are short-term and are not stored with the user; rather, they are generated dynamically and provided to the user when requested.

9.2 Tools for Logical Separation
AWS Cloud services and features that provide logical separation are enough to meet most security requirements, despite legacy requirements for physical separation.

Amazon VPC, for example, allows you to define and provision your own logically isolated section of the AWS Cloud. Amazon VPC provides a networking layer for Amazon EC2, a service that provides compute capacity within the AWS Cloud. Your VPC is logically separated from other virtual networks on the AWS Cloud, and it allows you to launch your resources into an IP address range that you determine.

Within your VPC, you can create subnets, each with an associated route table. You can configure these route tables to control network traffic. You can attach an internet gateway to your VPC, allowing your Amazon EC2 instances to communicate with the public internet. You can also create private subnets that only allow your Amazon EC2 instances to communicate with each other. Our Amazon VPC User Guide provides several example scenarios for building both public and private subnets.

In addition, AWS offers services like VPC Peering, AWS Transit Gateway, and AWS PrivateLink, which allow your VPCs to communicate with each other and with your other services on the AWS Cloud both securely and privately.

9.3 Tools for Encryption
All AWS Cloud services that store customer data offer the ability to encrypt that data. By defining an encryption approach, you can provide protection for your content against unauthorized users and against unnecessary exposure to authorized users. The combination of AWS Key Management Service (KMS) and AWS CloudHSM is the centerpiece of a rigorous encryption solution.

AWS KMS helps you manage encryption keys and integrates with many AWS Cloud services. This service provides durable, secure, and redundant storage for your master keys. You can define your key aliases as well as key-level policies. The policies help you define key administrators as well as key users. For example, a secret management system can be the only system that has access to the master key that encrypts the secrets for storage.

AWS CloudHSM is a cloud-based hardware security module (HSM) that enables you to easily generate and use your own encryption keys on the AWS Cloud. It helps you meet corporate, contractual, and regulatory compliance requirements for data security by using Federal Information Processing Standard (FIPS) 140-2 Level 3 validated HSMs.

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9.3.1 Protecting Data at Rest
Multiple AWS Cloud services provide built-in integration with AWS KMS to allow easy encryption of your data. Amazon S3 allows you to encrypt content by selecting a KMS key on object upload. Amazon EBS allows you to choose a KMS key to encrypt a block storage volume or Amazon Machine Image (AMI) copy operation. Amazon RDS allows you to choose an encryption key for encrypting DB instance storage at rest (including backup snapshots).

You also have the option of implementing your own encryption-at-rest approach. For example, you can encrypt content before storing in an AWS Cloud service. Amazon S3 provides you the facility to upload an already encrypted object. It also provides the ability for you to upload an object along with an encryption key that’s used in-memory to encrypt an object. To retrieve the object, you must supply the same key.

9.3.2 Protecting Data in Transit
When protecting your data in transit, selecting secure protocols that implement the latest in cryptography standards such as Transport Layer Security (TLS) is a common best practice. AWS Cloud services provide HTTPS endpoints using TLS for communication, thus providing encryption in transit when communicating with the AWS APIs. You have full control over your computing resources to implement encryption in transit across your services. Additionally, the AWS Certificate Manager (ACM) service provides you the ability to manage and deploy public and private certificates for your workloads. You can also leverage virtual private network (VPN) connectivity into your VPC or across your VPCs to facilitate encryption of traffic.

9.4 Automating your Security and Compliance
AWS offers a variety of security tools that you can use to secure the applications you build on the AWS Cloud, from AWS CloudTrail and AWS CloudWatch for logging and monitoring, to Amazon GuardDuty for threat detection, to AWS Shield for DDoS protection.

Our Security, Identity, and Compliance on AWS page provides a more complete listing and details on the myriad services we offer. Customers can use these tools—and the tools of our APN Partners—to automate security.

9.5 Penetration Testing
AWS customers are responsible for all scanning, penetration testing, file integrity monitoring, and intrusion detection for their Amazon EC2 instances, Amazon RDS databases, and various other applications. (Refer to the Penetration Testing page for terms of service regarding penetration testing.) Penetration tests should include customer IP addresses and not AWS endpoints. AWS endpoints are tested as part of AWS compliance vulnerability scans.

9.6 Data Breaches
AWS and customers/APN Partners share responsibility for responding to data breaches, and AWS customers and APN Partners retain the responsibility to monitor AWS Partner Package – US
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Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this document. their own environment for privacy breaches. The AWS SOC reports provide an overview of the controls that are in place to monitor the AWS managed environment, and we recommend that you consider implementing the following best practices to protect against and detect security breaches:
• Use encryption to secure your data.
• Configure your AWS Cloud services to keep your data secure. AWS provides information on how to secure your resources in our security documentation. • Implement least privilege permissions for access to your resources and data. • Use monitoring tools like Amazon CloudWatch to track when your data is accessed and by whom.
• Review AWS Best Practices for Security, Identity, and Compliance page for additional information on how to protect against and detect security breaches.

APN Partners/customers are responsible for reporting incidents involving customer storage, virtual machines, and applications (for more information, refer to our Vulnerability Reporting page). AWS maintains the AWS Security Bulletins webpage to notify customers of security and privacy events affecting AWS Cloud services.

Customers can subscribe to the Security Bulletin RSS Feed to keep abreast of security announcements on the Security Bulletin webpage. The customer support team maintains a Service Health Dashboard webpage to alert customers to any broadly impacting availability issues.

9.7 Security for New AWS Software
AWS Cloud services in production are managed in a manner that preserves their confidentiality, integrity, and availability. AWS has implemented secure software development procedures that are followed to ensure appropriate security controls are incorporated into the application design. As part of the application design process, new applications must participate in an AWS Security review, including registering the application, initiating the application risk classification, participating in the architecture review and threat modeling, performing code review, and performing a penetration test.

10.0 AWS Training and Certification
AWS Training & Certification offers the cloud skills enablement resources that government entities need to modernize their agencies, create a culture of innovation, and attract, develop, and retain cloud talent. We help your staff build cloud computing capabilities and the confidence to solve complex challenges, better serve your constituents, and achieve your mission.

Our approach to workforce development embraces three building blocks that constitute this learning continuum: Learn, Explore, and Apply. Each phase can be customized to optimize the learning path for your organization’s growth. We illustrate each of these phases in Figure 7 below.

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Figure 7 – Phases of Learning Continuum
AWS Training and Certification offers a no-cost self-assessment survey known as the Learning Needs Analysis (LNA), used to identify AWS skill gaps and recommends organizational and individual training plans to address these gaps. The result is faster AWS skills acquisition and optimization of training investments.

The LNA maximizes resources by ensuring investments in training are applied to the most relevant areas. The LNA is a two-step process:

1. Complete the self-assessment survey. Individuals in the organization complete a self-assessment, which measures cloud knowledge and skill across multiple functional areas. The survey takes approximately 10 minutes to complete.

2. Review skills gaps and training plans. AWS identifies skill gaps and generates training plans based on survey results.

Once you complete the LNA, AWS Training Experts, Specialists, and Solution Architects can customize training, workshops, and deep dives specialized for your industry. We then support delivery of our customized offerings both digitally and onsite.

Figure 8 below illustrates features of AWS Training and Certification delivery.

Figure 8 – Features of AWS Training and Certification Delivery Benefits of AWS Training and Certification include:

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Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this document. • Achieve your cloud adoption goals sooner: Comprehensively trained organizations are faster to adopt cloud, compared to customers who did not have a comprehensive training program. This helps you bring your projects forward, getting to market faster, driving revenue faster, and helping you capitalize on AWS cost-savings faster.
• Performance and operations: International Data Corporation (IDC) published a whitepaper titled, Train to Accelerate Your Cloud Strategy, which asserted that comprehensively trained organizations were 4.4x1 more likely to overcome operational and performance concerns. This will help you get your team on board with your cloud initiatives. This means less time spent on stakeholder alignment, and more time on innovation and business growth.
• Improve employee productivity: IDC’s whitepaper also found that decisions makers within comprehensively trained organizations are 4.7x1 more likely to agree cloud can improve IT staff productivity. Training can help your team be more productive using the cloud.

10.1.1 Digital and Classroom Training
We offer free AWS Digital Training, in-depth AWS Classroom Training, and private onsite training so you can learn when and where it’s convenient for you:
• Free Digital Training – Over 500 on-demand digital courses that help you learn new cloud skills and services when and where it’s convenient for you, at no cost. • Classroom Training – Live classes delivered virtually or in person by accredited AWS instructors who teach you in-demand cloud skills and best practices using a mix of presentations, discussion, and hands-on labs.
• Private Onsite Training –In-person (or virtual) classes with accredited AWS instructors who teach in-depth AWS Cloud skills in a private environment that brings the classroom to you and allows hands-on learning.

10.1.2 AWS Certification
AWS Certification validates cloud expertise to help professionals highlight in-demand skills and organizations build effective, innovative teams for cloud initiatives using AWS.

You can choose from diverse certification exams by role and specialty designed to empower you and your team to meet your unique goals.

11.0 Achieving Compliance on AWS
A properly-secured environment results in a compliant environment. AWS has many compliance-enabling features that you can use for your regulated workloads in the AWS Cloud. By using AWS, you get the benefit of the many security controls that we operate, 1 Source: IDC White Paper, sponsored by AWS, Train to Accelerate Your Cloud Strategy, October 2017 AWS Partner Package – US
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Compliance is a shared responsibility between you and AWS. We demonstrate our compliance posture to help you verify compliance with industry and government requirements. We engage with external certifying bodies and independent auditors to provide you with detailed information regarding the policies, processes, and controls we establish and operate. You can use this information to perform your control evaluation and verification procedures as required under the applicable compliance standard. You can also incorporate the information that we provide about our risk and compliance program into your own compliance framework. We use thousands of security controls to monitor that we maintain compliance with global standards and best practices.

We categorize the AWS assurance programs into three groups:
• Certifications/Attestations
• Laws/Regulations/Privacy
• Alignments/Frameworks
Table 2 provides an overview of these categories, and the following subsections provide additional detail on the programs that our APN Partners most frequently ask about for the US state, local, and education market.

Table 2 – Summary of AWS Assurance Programs
Certifications/Attestations Laws/Regulations/Privacy Alignments/Frameworks C5
CMMC
Cyber Essentials Plus
DoD SRG
ENS High
FedRAMP
FINMA
FIPS
GSMA
HDS
IRAP
ISMAP
ISO 9001
ISO 27001
ISO 27017
ISO 27018
K-ISMS
MTCS Tier 3
OSPAR
PCI DSS Level 1
SEC Rule 17-a-4(f)
SOC 1
SOC 2
SOC 3
CLOUD Act
HIPAA
IRS 1075
ITAR
SEC Rule 17a-4(f)
VPAT/Section 508
CJIS
CSA
EU-US Privacy Shield
FISC
FISMA
G-Cloud
GxP (FDA CFR 21 Part 11)

HITRUST
MPAA
NIST
Uptime Institute Tiers
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TISAX

11.1 Certifications/Attestations
Certifications and attestations are performed by a third-party independent auditor. Our certifications, audit reports, and attestations of compliance are based on the results of the auditor’s work. Below are the most frequently requested certifications in the US state, local, and education market. The full list of certifications and attestations can be found at https://aws.amazon.com/compliance/.

11.1.1 Federal Risk and Authorization Management Program (FedRAMP) FedRAMP is a US government-wide program that delivers a standard approach to the security assessment, authorization, and continuous monitoring for cloud products and services. The governing bodies of FedRAMP include the Office of Management and Budget (OMB), US General Services Administration (GSA), US Department of Homeland Security (DHS), US Department of Defense (DoD), National Institutes of Standards & Technology (NIST), and the Federal Chief Information Officers (CIO) Council.

Cloud services providers (CSPs) like AWS who want to offer their products and services to the US government must demonstrate FedRAMP compliance. FedRAMP uses the NIST Special Publication 800 series and requires CSPs to receive an independent security assessment conducted by a third-party assessment organization (3PAO) to ensure that authorizations are compliant with the Federal Information Security Management Act (FISMA).

There are two paths for CSPs to be FedRAMP compliant:
• Joint Authorization Board (JAB) Authorization – To receive FedRAMP JAB Provisional Authority to Operate (P-ATO), a CSP is reviewed by the FedRAMP Program Management Office (PMO), is assessed by a FedRAMP-accredited 3PAO, and receives a P-ATO from the JAB. The JAB is made up of the CIOs from DoD, DHS, and GSA.
• Agency Authorization – To receive FedRAMP Agency Authority to Operate (ATO), a CSP is reviewed by a customer Agency CIO or Delegated Authorizing Official(s) to achieve a FedRAMP-compliant ATO that is verified by the FedRAMP PMO.

AWS and FedRAMP
AWS offers the following FedRAMP compliant systems that have been granted authorizations:
• AWS GovCloud (US), which has been granted a JAB P-ATO and multiple ATOs for high impact level. The services in scope of the AWS GovCloud (US) JAB PATO boundary at high baseline security categorization can be found within the AWS Services in Scope by Compliance Program.

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Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this document. • AWS US East-West, which has been granted a JAB P-ATO and multiple ATOs for moderate impact level. The services in scope of the AWS US East-West JAB P-ATO boundary at moderate baseline security categorization can be found within the AWS Services in Scope by Compliance Program.

FedRAMP for APN Partners
APN Partners and prospective customers can request access to the AWS APN Partner FedRAMP Security Package using AWS Artifact. Note that some AWS Artifact documentation is available under NDA, and use of the content is subject to the terms of that NDA.

11.1.2 Federal Information Processing Standard (FIPS)
The FIPS Publication 140-2 is a US government standard that specifies the security requirements for cryptographic modules that protect sensitive information.

AWS and FIPS
AWS works with customers to provide the information they need to manage compliance when using the AWS US East-West or AWS GovCloud (US) Regions. For more information about the standard, see Cryptographic Module Validation Program on the NIST Computer Security Resource Center website.

FIPS for APN Partners
The Amazon VPC VPN endpoints in the AWS GovCloud (US) Regions operate using FIPS 140-2 validated cryptographic modules. If you require use of FIPS 140-2 validated cryptographic modules when accessing AWS US East/West or AWS GovCloud (US) through use of the CLI or programmatically by using the APIs, the list of available FIPS endpoints by AWS Region can be found on our FIPS Publication 140-2 page.

11.1.3 International Organization for Standardization (ISO) 9001:2015 ISO 9001:2015 outlines a process-oriented approach to documenting and reviewing the structure, responsibilities, and procedures required to achieve effective quality management within an organization. The key to the ongoing certification under this standard is establishing, maintaining, and improving the organizational structure, responsibilities, procedures, processes, and resources in a manner in which AWS products and services consistently satisfy ISO 9001:2015 quality requirements.

AWS and ISO 9001:2015
AWS has undergone a systematic, independent examination of our quality system to determine whether the activities and activity outputs comply with ISO 9001:2015 requirements. A certifying agent found our quality management system to comply with the requirements of ISO 9001:2015 for the activities described in the scope of registration. You can download AWS’s ISO 9001:2015 certification from our website.

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ISO 9001:2015 for APN Partners
The certification covers the quality management system over a specified scope of AWS Cloud services and Regions of operations. If you are pursuing ISO 9001:2015 certification while operating all or part of your IT systems on the AWS Cloud, you are not automatically certified by association. However, using an ISO 9001:2015 certified provider like AWS can make your certification process easier.

11.1.4 ISO/IEC 27001:2013
ISO/IEC 27001:2013 is a security management standard that specifies security management best practices and comprehensive security controls following the ISO/IEC 27002 best practice guidance. The basis of this certification is the development and implementation of a rigorous security program, which includes the development and implementation of an Information Security Management System (ISMS) which defines how AWS perpetually manages security in a holistic, comprehensive manner. This widely-recognized international security standard specifies that AWS do the following:
• Systematically evaluate our information security risks, taking into account the impact of threats and vulnerabilities.
• Design and implement a comprehensive suite of information security controls and other forms of risk management to address customer and architecture security risks.
• Have an overarching management process to ensure that the information security controls meet our needs on an ongoing basis.

AWS and ISO/IEC 27001:2013
AWS has certification for compliance with ISO/IEC 27001:2013, 27017:2015, and 27018:2014. These certifications are performed by independent third-party auditors.

AWS’s ISO/IEC 27001:2013 certification can be downloaded from our website.

ISO/IEC 27001:2013 for APN Partners
The ISO/IEC 27001:2013 certification for AWS covers the AWS security management process over a specified scope of services and data centers. If you are pursuing ISO/IEC certifications while operating part or all of your IT on the AWS Cloud, you are not automatically certified by association. However, using an ISO/IEC 27001:2013 certified provider like AWS can make your certification process easier.

11.1.5 ISO/IEC 27017:2015
ISO/IEC 27017:2015 provides guidance on the information security aspects of cloud computing, recommending the implementation of cloud-specific information security controls that supplement the guidance of the ISO/IEC 27002 and ISO/IEC 27001 standards. This code of practice provides additional information security controls implementation guidance specific to CSPs like AWS.

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AWS and ISO/IEC 27017:2015
AWS’s attestation to the ISO/IEC 27017:2015 guidance not only demonstrates our ongoing commitment to align with globally-recognized best practices, but also verifies that AWS has a system of highly precise controls in place that are specific to cloud services. AWS’s ISO/IEC 27017:2015 certification can be downloaded from our website.

ISO/IEC 27017:2015 for APN Partners
AWS’s ISO/IEC 27017:2015 certification covers the security management process and cloud provider specific controls. If you are pursuing ISO/IEC certifications while operating part or all of your IT environment on the AWS Cloud, you are not automatically certified by association. However, using an ISO/IEC 27017:2015 certified provider like AWS can make your certification process easier. The AWS ISO/IEC 27017:2015 assessment provides evidence that our security controls are aligned with the 27017:2015 guidance specific to CSPs.

11.1.6 ISO/IEC 27018:2019
ISO/IEC 27018:2019 is a code of practice that focuses on protection of personal data in the cloud. It is based on ISO/IEC information security standard 27002 and provides implementation guidance on ISO/IEC 27002 controls applicable to public cloud personally identifiable information (PII). It also provides a set of additional controls and associated guidance intended to address public cloud PII protection requirements not addressed by the existing ISO/IEC 27002 control set.

AWS and ISO/IEC 27018:2019
AWS maintains the high bar of data protection and privacy controls outlined in ISO/IEC 27018:2014 for all customer content, regardless of whether or not any particular data is PII. AWS’s ISO/IEC 27018:2019 certification can be downloaded from our website.

ISO/IEC 27018:2019 for APN Partners
Alignment demonstrates to customers that AWS has a system of controls in place that specifically address the privacy protection of their content. AWS’s alignment with and independent third-party assessment of this internationally recognized code of practice demonstrates AWS’s commitment to the privacy and protection of customers’ content.

11.1.7 Payment Card Industry Data Security Standard (PCI DSS) PCI DSS Level 1 is a proprietary information security standard administered by the PCI Security Standards Council, which was founded by American Express, Discover Financial Services, JCB International, MasterCard Worldwide, and Visa Inc.

PCI DSS applies to all entities that store, process, or transmit cardholder data (CHD) or sensitive authentication data (SAD), including merchants, processors, acquirers, AWS Partner Package – US
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AWS and PCI DSS
AWS is certified as a PCI DSS 3.2 Level 1 Service Provider, the highest level of assessment available. The compliance assessment was conducted by Coalfire Systems Inc., an independent Qualified Security Assessor (QSA). The PCI DSS Attestation of Compliance (AOC) and Responsibility Summary is available to AWS customers by using AWS Artifact. Note that some AWS Artifact documentation is available under NDA and use of the content is subject to the terms of that NDA.

PCI DSS for APN Partners
As a customer who uses AWS products and services to store, process, or transmit cardholder data, you can rely on AWS technology infrastructure as you manage your own PCI DSS compliance certification.

AWS does not directly store, transmit, or process any customer CHD. However, you may create your own cardholder data environment (CDE) that can store, transmit, or process cardholder data using AWS products.

Customers must manage their own PCI DSS compliance certification, and additional testing will be required to verify that your environment satisfies all PCS DSS requirements. However, for the portion of the PCI CDE that is deployed in AWS, your QSA can rely on AWS AOC without further testing.

11.1.8 System and Organization Control (SOC) Reports
AWS SOC Reports are independent third-party examination reports that demonstrate how AWS achieves key compliance controls and objectives. The purpose of these reports is to help you and your auditors understand the AWS controls established to support operations and compliance. Table 3 describes the four AWS SOC Reports.

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Table 3 – AWS SOC Reports
Report What is the report? What’s the Primary Report Purpose? Who is the Primary Report Audience?
SOC 1 A description of the AWS control
environment and external audit of AWS defined controls and objectives.

To provide information to customers about AWS’s control environment that may be relevant to their internal controls over financial reporting.To provide information to customers and their auditors for their assessment and opinion of the effectiveness of internal controls over financial reporting (ICOFR).

Customer management and their auditors. AWS’s SOC 1 report is available through AWS Artifact. Note that some AWS Artifact documentation is available under NDA and use of the content is subject to the terms of that NDA.

SOC 2: Security, Availability and Confidentiality
A description of the AWS controls environment and external audit of AWS controls that meet the AICPA Trust Services Security, Availability, and Confidentiality Principles and Criteria.

To provide customers and users with a business need with an independent assessment of AWS’s control environment relevant to system security, availability, and confidentiality.

Users with business need.AWS’s SOC 2 report is available through AWS Artifact. Note that some AWS Artifact documentation is available under NDA and use of the content is subject to the terms of that NDA.

AWS SOC 2 Privacy Type I Report
A description of the AWS controls environment and external audit of AWS controls that meet the AICPA Trust Services Privacy Principles and Criteria.

To provide customers with an independent assessment of AWS’s systems and the suitability of the design of AWS’s privacy controls.The SOC 2 Privacy Trust Principle, developed by the AICPA, establishes criteria for evaluating controls related to how personal information is collected, used, retained, disclosed, and disposed to meet the entity’s objectives.

Users with business need to understand the AWS controls relevant to privacy.AWS’s SOC 2 report is available through AWS Artifact. Note that some AWS Artifact documentation is available under NDA and use of the content is subject to the terms of that NDA.

SOC 3: Security, Availability and Confidentiality
A public facing report demonstrating AWS has met the AICPA Trust Services Security, Availability, and Confidentiality Principles and Criteria.

To provide customers and users with a business need with an independent assessment of AWS’s control environment relevant to system security, availability, and confidentiality without disclosing AWS internal information.

Publicly available on our website.

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11.2 Laws/Regulations/Privacy
AWS customers remain responsible for complying with applicable compliance laws and regulations. In some cases, AWS offers functionality (such as security features), enablers, and legal agreements (such as the AWS Data Processing Agreement and Business Associate Addendum) to support customer compliance. No formal certification is available to (or distributable by) a CSP like AWS within these law and regulatory domains. The following subsections provide details on the laws, regulations, and privacy considerations that APN Partners ask about most in regards to the US state, local, and education market.

11.2.1 Family Educational Rights and Privacy Act (FERPA) The FERPA of 1974 was enacted to support and promote the protection of privacy and reasonable governance of student education records. FERPA provides parents of students and eligible students with the following:
• The right to inspect and review their education records • Governance over disclosure of their education records • A mechanism to amend incorrect education records
FERPA requires states to use reasonable methods to ensure the security of their IT solutions. This may be achieved by hosting education records on cloud computing solutions. The law, in general, requires covered institutions and agencies to reasonably safeguard student education records from improper use or disclosure. Securing student record information, including students’ PII, is essential for educational institutions and vendors that provide services which fall under the purview of FERPA.

AWS and FERPA
AWS implements physical and logical controls for internal services and provides robust offerings externally for customers to leverage in order to comply with FERPA. These controls are discussed in detail in our FERPA Compliance on AWS whitepaper.

FERPA for APN Partners
Because FERPA was authored in 1974, it lacks clear guidance on modern technology use, which means that educational institutions are often left to create their own solutions. As part of this solution, customers are encouraged to take steps such as creating device compliance policies, threat protection plans, and data loss prevention plans that suit their organization to protect sensitive information. In addition, customers are encouraged to use encryption and access controls. Access controls also provide auditing and logging capabilities to customers in order to validate privacy and data protection policies that customers have in place. AWS offers a comprehensive set of features and services to make encryption of PII easy to manage and simpler to audit, including AWS KMS. Customers with FERPA compliance requirements have a great deal of flexibility in how they meet encryption requirements for PII.

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11.2.2 Health Insurance Portability and Accountability Act of 1996 (HIPAA)/ Health Information Technology for Economic and Clinical Health (HITECH)
HIPAA legislation is designed to make it easier for US workers to retain health insurance coverage when they change or lose their jobs. This legislation also seeks to encourage electronic health records to improve the efficiency and quality of the US healthcare system through improved information sharing. Along with increasing the use of electronic medical records, HIPAA includes provisions to protect the security and privacy of protected health information (PHI).

HITECH expanded the HIPAA rules in 2009. HIPAA and HITECH together establish a set of federal standards that are intended to protect the security and privacy of PHI.

11.2.2.1 AWS and HIPAA
There is no HIPAA certification for a CSP such as AWS. In order to meet the HIPAA requirements applicable to our operating model, AWS aligns our HIPAA risk management program with FedRAMP and NIST 800-53, which are higher security standards that map to the HIPAA Security Rule. NIST supports this alignment and has issued SP 800-66: An Introductory Resource Guide for Implementing the HIPAA Security Rule, which documents how NIST 800-53 aligns to the HIPAA Security Rule.

Under the HIPAA regulations, AWS is considered a business associate. The BAA is an AWS contract that is required under HIPAA rules to ensure that AWS appropriately safeguards PHI. The BAA also serves to clarify and limit, as appropriate, the permissible uses and disclosures of PHI by AWS, based on the relationship between AWS and our customers, and the activities or services being performed by AWS.

AWS has a standard BAA we present to customers for signature. It takes into account the unique services AWS provides and accommodates the AWS Shared Responsibility Model. To review, accept, and manage the status of the BAA for your account, sign in to AWS Artifact. Note that some AWS Artifact documentation is available under NDA, and use of the content is subject to the terms of that NDA.

11.2.2.2 HIPAA for APN Partners
AWS enables covered entities and their business associates subject to HIPAA to use the secure AWS environment to process, maintain, and store protected health information.

For detailed information about how you can use AWS for the processing and storage of health information, see the whitepaper Architecting for HIPAA Security and Compliance on Amazon Web Services.

The following resources are available for more information:
• HIPAA Compliance webpage
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Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this document. • SlideShare presentation “Security and Privacy, Using AWS to Meet Requirements for HIPAA, CJIS, and FERPA”

11.2.3 Internal Revenue Service Publication 1075 (IRS Pub 1075) IRS Pub 1075 provides guidance for US government agencies and their agents to protect Federal Tax Information (FTI).

While the IRS does not publish an official designation or certification for compliance with IRS Pub 1075, AWS supports organizations to protect FTI managed on the AWS Cloud by aligning our implementations of NIST 800-53 and FedRAMP security controls with the respective IRS Pub 1075 security requirements. AWS has worked closely with the IRS to ensure that the AWS GovCloud (US) and AWS US East/West Regions meet Pub 1075 requirements for storing and processing FTI. Refer to section 11.1.1 for information on AWS and FedRAMP security controls.

11.2.4 Voluntary Product Accessibility Template (VPAT)/Section 508 In 1998, the US Congress amended the Rehabilitation Act of 1973 to require Federal agencies to make their electronic and information technology accessible to people with disabilities. Inaccessible technology interferes with an individual’s ability to obtain and use information quickly and easily. Section 508 was enacted to eliminate barriers in IT, make available new opportunities for people with disabilities, and encourage development of technologies that will help achieve these goals.

The law applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology. Under Section 508 (29 U.S.C. § 794 (d)), agencies must give disabled employees and members of the public access to information that is comparable to the access available to others. Because Section 508 is a federal and state requirement, any and all of AWS government customers will have Section 508 compliance needs.

11.2.4.1 AWS and VPAT/Section 508
AWS is committed to complying with all relevant government standards and compliance controls. This commitment is reflected in the importance we place on understanding, implementing, and maintaining ongoing compliance with these standards for all individuals who access and consume our services.

11.2.4.2 VPAT/Section 508 for APN Partners
AWS provides API-based cloud computing services with multiple interfaces to those services, including SDKs, IDE Toolkits, and Command Line Tools for developing and managing AWS resources. AWS provides two graphical user interfaces, the AWS Management Console and the AWS ElasticWolf Client Console. The AWS ElasticWolf Client Console has incorporated Section 508 requirements, and AWS has prepared a VPAT that outlines the AWS ElasticWolf Client Console’s accessibility features. The VPAT is available to customers using AWS Artifact. Note that some AWS Artifact documentation is available under NDA and use of the content is subject to the terms of AWS Partner Package – US
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Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this document. that NDA. APN Partners can use these tools to help build a solution compliant with Section 508.

11.3 Alignments/Frameworks
Compliance alignments and frameworks include published security or compliance requirements for a specific purpose, such as a specific industry or function. AWS provides functionality (such as security features) and enablers (including compliance playbooks, mapping documents, and whitepapers) for these types of programs.

Requirements under specific alignments and frameworks may not be subject to certification or attestation; however, some alignments and frameworks are covered by other compliance programs. The following subsections provide details on the alignments and frameworks that APN Partners ask about most frequently for the US state, local, and education market.

11.3.1 Criminal Justice Information Services (CJIS)
Criminal Justice Information (CJI) refers to the data necessary for law enforcement agencies to perform their mission and enforce the laws, such as biometric, identity history, person, organization, property, and case/incident history data. CJI also refers to data necessary for civil agencies to perform their mission, including data used to make hiring decisions.

The CJIS Security Policy reflects the shared responsibility between Federal Bureau of Investigation (FBI) CJIS, CJIS Systems Agency, and the State Identification Bureaus (SIB) of the lawful use and appropriate protection of CJI. The CJIS Security Policy provides a baseline of security requirements for current and planned services and establishes a minimum standard for new initiatives.

11.3.1.1 AWS and CJIS
By using solutions built on AWS, agencies can manage and secure their applications, data, and other CJIS resources in the AWS GovCloud (US). AWS GovCloud (US) Regions consist of US data centers hosting services authorized to FedRAMP High, managed by US citizens, and offering the FIPS validated endpoints necessary to build CJIS-compliant solutions.

Technological advancements have removed the need to engage in the traditional method of relying on physical security and background checks as a way to qualify an individual’s “access” to unencrypted CJI. While the traditional approach can help achieve minimum compliance under the CJIS Security Policy, it doesn’t compare to the security that can be achieved using strong encryption practices and the deployment of “least privilege” principles to restrict CJI access to those with a need-to-know, right-toknow, and your explicit authorization.

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11.3.1.2 CJIS for APN Partners
Properly securing CJI and maintaining compliance with the CJIS Security Policy requires a number of security controls aimed at ensuring only authorized individuals have access to the CJI.

One critical control is the use of independently tested and validated encryption to protect sensitive information both in-transit and at-rest, regardless of physical location.

AWS empowers customers and partners to encrypt their criminal justice data in AWS GovCloud (US) employing FIPS 140-2 validated encryption in-transit services and FIPS197 compliant encryption for data at-rest. AWS GovCloud (US) also offers AWS Key Management Service (AWS KMS) using FIPS 140-2 validated hardware security modules, allowing you to create, own, and manage your own customer master keys for all encryption. These customer master keys never leave the AWS KMS FIPS validated hardware security modules unencrypted and are never known to AWS personnel.

Another critical control involves limiting access to individuals that hold or manage encryption keys, allowing agencies to define and limit the universe of users with logical access to CJI. The principal of least privilege is one of the most fundamental underpinnings of the CJIS Security Policy based on a “need-to-know, right-to-know” standard. AWS GovCloud (US) you can enforce least privilege by securely encrypting your CJI and limiting all access to the CJI to only those with access to the encryption keys. By using AWS GovCloud (US), you are provided AWS Cloud services, tools, and security assurance to enable your customers to retain complete control and ownership over their own criminal justice data.

See our webpage, Using AWS for Criminal Justice Information Solutions, for additional information.

11.3.2 Cloud Security Alliance (CSA)
CSA is a not-for-profit organization with a mission to “promote the use of best practices for providing security assurance within Cloud Computing, and to provide education on the uses of Cloud Computing to help secure all other forms of computing.”

11.3.2.1 AWS and CSA
AWS participates in the voluntary CSA Security, Trust & Assurance Registry (STAR) Self-Assessment to document our compliance with CSA-published best practices. We publish our completed CSA Consensus Assessments Initiative Questionnaire (CAIQ) on the AWS website.

11.3.2.2 CSA for APN Partners
The CSA CAIQ provides a set of questions that the CSA anticipates a cloud consumer and/or cloud auditor would ask of a CSP like AWS. It provides a series of security, control, and process questions that can then be used for a wide range of uses, including cloud provider security evaluation.

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11.3.3 Federal Information Security Management Act (FISMA) AWS enables US government agencies to achieve and sustain compliance with FISMA.

The AWS infrastructure has been evaluated by independent assessors for a variety of government systems as part of their system owners’ approval process. Numerous Federal Civilian and DoD organizations have successfully achieved security authorizations for systems hosted on AWS in accordance with the Risk Management Framework (RMF) process defined in NIST 800-37 and DoD Information Assurance Certification and Accreditation Process (DIACAP). AWS’s secure infrastructure has helped federal agencies expand cloud computing use cases and deploy sensitive government data and applications in the cloud while complying with the rigorous security requirements of federal standards.

11.3.4 National Institute of Standards and Technology (NIST) 800-53 NIST 800-53 security controls are generally applicable to US Federal Information Systems. Federal Information Systems typically must go through a formal assessment and authorization process to ensure sufficient protection of confidentiality, integrity, and availability of information and information systems.

The NIST Cybersecurity Framework (CSF) is supported by governments and industries worldwide as a recommended baseline for use by any organization, regardless of its sector or size. According to Gartner, in 2015 the CSF was used by approximately 30 percent of US organizations, and usage is projected to reach 50 percent by 2020. Since Fiscal Year 2016, federal agency FISMA metrics have been organized around the CSF, and agencies are now required to implement the CSF under the Cybersecurity Executive Order.

11.3.4.1 AWS and NIST 800-53
AWS Cloud infrastructure and services have been validated by third-party testing performed against the NIST 800-53 Revision 4 controls and additional FedRAMP requirements. AWS has received FedRAMP ATOs from multiple authorizing agencies for both AWS GovCloud (US) and the AWS US East/West Regions. For more information, see the AWS FedRAMP compliance webpage, or the following FedRAMP Marketplace webpages:
• AWS East/West Region complete list of authorizing agencies • AWS GovCloud (US) complete list of authorizing agencies • AWS GovCloud JAB P-ATO at the high baseline

11.3.4.2 NIST 800-53 for APN Partners
Under NDA, AWS provides an AWS FedRAMP SSP template based upon NIST 800-53 Rev. 4, which is prepopulated with the applicable NIST 800-5 Rev. 4 Low/Moderate/High control baseline. Control responsibility is as follows:
• Shared Responsibility – You will provide security and configurations of your software components, and AWS will provide security for its infrastructure.

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Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this document. • Customer-Only Responsibility – You are fully responsible for guest operating systems, deployed applications, and select networking resources (for example, firewalls). More specifically, you are solely responsible for configuring and managing your security in the cloud.
• AWS-Only Responsibility – AWS manages the cloud infrastructure, including the network, data storage, system resources, data centers, physical security, reliability, and supporting hardware and software. Applications built on top of the AWS system inherit the features and configurable options that AWS provides.

AWS is solely responsible for configuring and managing security of the cloud.

For security authorization purposes, compliance with the FedRAMP requirements (based on NIST 800-53 rev 4 Low/Moderate/High control baseline) is contingent upon AWS fully implementing AWS-only and shared controls and you implementing customer-only and shared controls. A FedRAMP-accredited 3PAO has assessed and authorized AWS implementation of our control responsibility. The portion of shared controls that you are responsible for and the controls related to applications you implement on top of the AWS infrastructure must be separately assessed and authorized by you in agreement with NIST 800-37 and your specific security authorization policies and procedures.

AWS FedRAMP-compliant systems have been granted authorizations, have addressed the FedRAMP security controls (NIST 800-53), use the required FedRAMP templates for the security packages posted in the secure FedRAMP Repository, have been assessed by an accredited independent 3PAO, and maintain the continuous monitoring requirements of FedRAMP.

You can use the NIST CSF whitepaper to assess your AWS environment against the NIST CSF and improve the security measures you implement and operate. The whitepaper also provides a third-party auditor letter attesting to the AWS Cloud services’ conformance to NIST CSF risk management practices.

11.3.5 Uptime Institute Tiers
The Uptime Institute created the standard Tier Classification System to evaluate various data center facilities in terms of potential site infrastructure performance, or uptime.

Uptime Institute has not authorized other organizations to certify data centers under its Tier Classification System. Uptime Institute does not design, build, or operate data centers.

11.3.5.1 AWS and Uptime Institute Tiers
AWS operates our data centers in alignment with the Tier III+ guidelines, but we have chosen not to have a certified Uptime Institute-based tiering level so that we have more flexibility to expand and improve performance. AWS’s approach to infrastructure performance acknowledges Uptime Institute’s tiering guidelines and applies them to our global data center infrastructure design to ensure the highest level of performance and availability for our customers. AWS then improves on the guidelines provided by the Uptime Institute to scale for global operations and produce an operating outcome for AWS Partner Package – US
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Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this document. availability and performance that far exceeds that which would be achieved through the Uptime Institute tiering guidelines alone. Although we do not claim alignment with Tier IV, we can ensure that our systems have a fault tolerant sequence of operations with self-correcting mitigations in place.

AWS has identified critical system components required to maintain the availability of the system and recover service in the event of outage. Critical system components are backed up across multiple, isolated locations known as Availability Zones. Each Availability Zone runs on its own physically distinct, independent infrastructure, and is engineered to be highly reliable. Availability Zones are connected to each other with fast, private fiber-optic networking, enabling you to easily architect applications that automatically fail-over between Availability Zones without interruption.

11.3.5.2 Uptime Institute Tiers for APN Partners
AWS customers can build highly resilient systems in the cloud by employing multiple instances in multiple Availability Zones plus data replication to achieve extremely high recovery time and recovery point objectives, as well as service availability of 99.999% and more. Service availability is therefore a function of the design; customers who care about the availability and performance of their applications want to deploy these applications across multiple Availability Zones in the same region for fault tolerance and low latency. Some AWS Cloud services, such as Amazon S3, are built to leverage all Availability Zones within the region and have a durability objective of 99.999999999%.

12.0 Managing your AWS Resources
With the AWS Cloud, customers can easily provision, manage, and monitor all of their IT resources through a “single pane of glass” with the tool that best fits their unique needs. This helps you know what is going on in your cloud environment, such as instance health, logs of user actions, and ways you can save money. AWS Cloud services are driven by robust APIs that allow for a wide variety of monitoring, management and developer tools to integrate easily with AWS Cloud resources.

Common tools from vendors such as Microsoft, VMware, BMC Software, Okta, RightScale, Eucalyptus, CA, Xceedium, Symantec, Racemi, and Dell are supported on AWS. Below are some AWS-native management options, which can be used alongside familiar management tools available on AWS Marketplace.

12.1 AWS Management Console
The AWS Management Console is a single destination for managing all AWS resources. Customers can use the AWS Management Console to perform any number of tasks (e.g., deploying new applications, monitoring the health of applications, accessing monthly spending by service, and managing security credentials). The AWS Management Console supports all AWS Regions and lets customers provision resources across multiple Regions.

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12.2 Command Line Interface (CLI)
The AWS CLI is a unified tool used to manage AWS Cloud services. With just one tool to download and configure, customers can control multiple AWS resources from the command line and automate them through scripts. The AWS CLI introduces a new set of simple file commands for efficient file transfers to and from Amazon S3.

12.3 AWS Developer Tools
AWS offerings are provided with a range of supporting components like developer tools, toolkits, and command line tools for developing and managing your AWS applications:

The AWS Developer Tools help you securely store and version control your application’s source code and automatically build, test, and deploy your application to AWS or your on-premises environment, including tools for continuous integration and continuous delivery. Our developer tools include the following:
• AWS Cloud9 – Write, run, and debug code in a cloud integrated development environment (IDE)
• AWS CodeBuild – Build and test code
• AWS CodeCommit – Store code in private Git repositories • AWS CodeDeploy – Automate code deployments
• AWS CodePipeline – Release software using continuous integration and delivery • AWS CodeStar – Develop, build, and deploy applications on AWS • Amazon Corretto – Develop and run Java applications on popular operating systems, including Linux, Windows, and macOS
• AWS X-Ray – Analyze and debug production applications

12.4 Management Tools
AWS provides management tools that allows you to programmatically provision, monitor, and automate all the components of your cloud environment. Using these tools, you can maintain consistent controls without restricting development velocity. These services all work together and are integrated with every part of the AWS platform, allowing you to have greater insight into your cloud environment as well as maintain logs necessary for audits. Our management tools include the following:
• AWS Auto Scaling – Easily and safely scale multiple AWS resources • Amazon CloudWatch – Collect and track metrics, collect and monitor log files, set alarms, and automatically react to changes in your AWS resources • AWS CloudFormation – Model and provision—in an automated and secure manner—all the resources needed for your applications across all regions and accounts
• AWS CloudTrail – Automatically log, continuously monitor, and retain account activity related to actions across your AWS infrastructure • AWS Command Line Interface (AWS CLI) – Interact with AWS Cloud services using commands in your command-line shell
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Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this document. • AWS Config – Inventory all configurations across your resources • AWS Control Tower – Configure AWS management and security services based on established best practices in a secure, compliant, multi-account environment • AWS License Manager – Manage licenses in AWS and on-premises servers from software vendors such as Microsoft, SAP, Oracle, and IBM • AWS Management Console – Access and manage AWS Cloud services through a simple and intuitive web-based user interface
• AWS OpsWorks – Host and scale Chef Automate and Puppet Enterprise servers • AWS Personal Health Dashboard – View the performance and availability of the AWS Cloud services underlying your AWS resources
• AWS Systems Manager – Centralize operational data from multiple AWS Cloud services and automate tasks across your AWS resources
• AWS Service Catalog – Create, manage, and distribute catalogs of approved products to end users, who can then access the products they need in a personalized portal
• AWS Trusted Advisor – Provision your resources by following best practices • AWS Well-Architected Tool – Review the state of your workloads and compare them to the latest AWS architectural best practices
AWS also offers several tools for cost management:
• AWS Budgets – Set custom budgets that alert you when your costs or usage exceed (or are forecasted to exceed) your budgeted amount • AWS Cost and Usage Report – Customize a report that lists AWS usage for each service category used by an account and its IAM users in hourly or daily line items, as well as any tags that you have activated for cost allocation purposes • AWS Cost Explorer – Visualize, understand, and manage your AWS costs and usage over time

13.0 Back-up and Disaster Recovery (DR)
Customers of all sizes are using AWS to enable faster disaster recovery (DR) of their critical IT systems without incurring the infrastructure expense of a second physical site.

AWS is a secure, high-performance, flexible, money-saving, and easy-to-use cloud computing platform. AWS takes care of the undifferentiated heavy lifting required to create, implement, and manage scalable backup and recovery solutions.

There are many advantages to using AWS as part of your data protection strategy:
• Durability: Amazon S3, Amazon S3 Glacier, and S3 Glacier Deep Archive are designed for 99.999999999 percent (11 nines) of durability. Both platforms offer reliable backup of data, with object replication across at least three geographically dispersed Availability Zones. Many AWS services use Amazon S3 for storage and export/import operations. For example, Amazon Elastic Block Store (Amazon EBS) uses Amazon S3 for snapshot storage.

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Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this document. • Security: AWS provides a number of options for access control and data encryption while in-transit and at-rest.
• Global infrastructure: AWS services are available around the globe, so you can back up and store data in the Region that meets your compliance and workload. • Compliance: AWS infrastructure is certified for compliance with the following standards, so you can easily fit the backup solution into your existing compliance regimen.
o Service Organization Controls (SOC)
o Statement on Standards for Attestation Engagements (SSAE) 16 o International Organization for Standardization (ISO) 27001 o Payment Card Industry Data Security Standard (PCI DSS) o Health Insurance Portability and Accountability Act (HIPPA) o SEC1
o Federal Risk and Authorization Management Program (FedRAMP) • Scalability: With AWS, you don’t have to worry about capacity. As your needs change, you can scale your consumption up or down without administrative overhead.
• Lower total cost of ownership (TCO): The scale of AWS operations drives down service costs and helps lower the TCO of AWS services. AWS passes these cost savings on to customers through price drops. • Pay-as-you-go pricing: Purchase AWS services as you need them and only for the period that you plan to use them. AWS pricing has no upfront fees, termination penalties, or long-term contracts.

AWS Elastic Disaster Recovery (AWS DRS) continuously replicates your machines (including operating system, system state configuration, databases, applications, and files) into a low-cost staging area in your target AWS account and preferred Region. In the case of a disaster, you can instruct CloudEndure Disaster Recovery to automatically launch thousands of your machines in their fully provisioned state in minutes.

Using these capabilities on our global infrastructure, you can build a DR solution to fit your budget, recovery time objective (RTO), and recovery point objective (RPO) (depicted in Figure 9). An organization typically decides on an acceptable RTO and RPO based on the financial impact when systems are unavailable. The organization AWS Partner Package – US
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Figure 9 – RPO and RTO
Figure 10 shows a spectrum of scenarios—backup and restore, pilot light, warm standby, and multi-site—arranged by how quickly a system can be available to users after a DR event. Typically, the shorter the recovery, the higher the cost of the solution.

Figure 10 – Spectrum of DR Options
Each DR option is discussed in more detail below.

13.1 Backup and Restore
In most traditional environments, data is backed up to tape and sent offsite regularly.

Recovery time will be the longest using this method, and lack of automation leads to increased costs. Amazon S3 is ideal for backup data, as it is designed to provide

99.999999999% durability of objects over a given year. Amazon S3 offers a range of storage classes—including options for one-zone infrequent access and archive—to help you save on costs. Transferring data to and from Amazon S3 is typically done via the network, and it is therefore accessible from any location. For a hybrid architecture, you can use AWS Storage Gateway to automatically back up on-premises data to Amazon S3. To centralize and automate your backup, AWS Backup allows you to configure backup policies and monitor backup activity.

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13.2 Pilot Light for Simple Recovery into AWS Warm Standby Solution
The idea of the pilot light is an analogy that comes from the gas heater. In a gas heater, a small idle flame that’s always on can quickly ignite the entire furnace to heat up a house as needed. This scenario is analogous to a backup and restore scenario; however, you must ensure that you have the most critical core elements of your system already configured and running in AWS (the pilot light). The pilot light typically uses a compute service like Amazon EC2 or a database service like Amazon RDS. When the time comes for recovery, you would rapidly provision a full-scale production environment around the critical core.

13.3 Warm Standby Solution in AWS
The term “warm standby” is used to describe a DR scenario in which a scaled-down version of a fully functional environment is always running in the cloud. It further decreases recovery time because, in this case, some services are always running. By identifying business-critical systems, you could fully duplicate these systems on AWS and have them always on. These servers can be running on a minimum-sized fleet of Amazon EC2 instances on the smallest sizes possible. This solution is not scaled to handle a full-production load, but it is fully functional. It can be used for non-production work, such as testing, quality assurance, and internal use. In a disaster, you can scale out the system quickly to handle the production load by adding more instances. You can automate this process using Amazon EC2 Auto Scaling and Elastic Load Balancing.

13.4 Multi-Site Solution Deployed on AWS and Onsite
A multi-site solution runs in AWS as well as on your existing on-premises infrastructure in an active-active configuration. During a disaster situation, you can simply send all traffic to AWS servers, which can scale to handle the full production load. For this approach, you can use a DNS service that supports weighted routing, such as Amazon Route 53, to route production traffic to different sites that deliver the same application or service. A proportion of traffic will go to your infrastructure in AWS, and the remainder will go to your onsite infrastructure. In an onsite disaster situation, you can adjust the DNS weighting and send all traffic to the AWS servers. The capacity of the AWS Cloud service can be rapidly increased to handle the full production load. You can automate this process using Amazon EC2 Auto Scaling and Elastic Load Balancing.

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Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this document.

14.0 Security Questionnaires
Under the Shared Responsibility Model, AWS is responsible for security of the cloud:
protecting the infrastructure that runs all of the services offered in the AWS Cloud. All other security in the cloud is dependent on your management of your account(s) and your solution. AWS personnel cannot fill out Security Questionnaires on behalf of our APN Partners. In addition, as an APN Partner, you maintain full control of your content and responsibility for configuring access to AWS services and resources. We provide an advanced set of access, encryption, and logging features to help you do this effectively (e.g., AWS Identity and Access Management, AWS Organizations and AWS CloudTrail). You choose how your content is secured. In the event that you need assistance to complete a questionnaire to document AWS security and compliance positions, we have the following resources to assist with understanding security on AWS. If you have additional questions about a specific requirement, please reach out and we will try to provide further information.
• Compliance FAQs – This page answers frequently-asked questions about compliance.
• AWS Artifact – AWS Artifact is your go-to, central resource for compliancerelated information that matters to you. It provides on-demand access to AWS’s security and compliance reports and select online agreements. The AWS SOC 2 report is particularly helpful for completing questionnaires because it provides a comprehensive description of the implementation and operating effectiveness of AWS security controls. Another useful document is the Executive Briefing within the AWS FedRAMP Partner Package. Note that some AWS Artifact documentation is available under NDA, and use of the content is subject to the terms of that NDA.
• CSA Consensus Assessments Initiative Questionnaire – The CSA Consensus Assessments Initiative Questionnaire provides a set of questions the CSA anticipates a cloud consumer and/or auditor would ask of a cloud provider. It provides a series of security, control, and process questions which can then be used for a wide range of uses, including cloud provider selection and security evaluation. This document contains the AWS answers to the CSA questionnaire. • AWS Risk and Compliance Whitepaper – This document addresses AWSspecific information around general cloud computing compliance questions.

There are detailed descriptions of all AWS certifications, programs, reports, and third-party attestations.
• AWS Data Center Controls Web Page – Many questionnaires have an entire section with questions related to data center physical security. This web page provides you with insight into some of our physical and environmental controls. • Data Privacy – This page details our privacy and data security policies, practices, and technologies we’ve put in place.
• AWS Security and Compliance Quick Reference Guide – This guide provides an overview of our assurance programs and how to secure your content on the AWS Cloud.

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Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this document. • AWS Compliance Center – This page offers you a central location to research cloud-related regulatory requirements and how they impact your industry.

15.0 AWS Public Sector Access Policy – Instructions
If this opportunity requires the resale of AWS offerings, you must include the AWS Public Sector Access Policy (“Access Policy”) in your response and incorporate the Access Policy in any agreement regarding such resale, per your Reseller Agreement, as amended. The Access Policy sets out rules, conditions, and restrictions regarding use of the AWS cloud services and can be accessed at: https://s3-us-west2.amazonaws.com/solution-provider-program-legaldocuments/AWS+Public+Sector+Access+Policy.pdf AWS Partner Package – US
Q1 2022 Page 54
Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this document.

16.0 Industry Analyst Reports on AWS Market Position
[Note: “Do not edit content in this section, or use in a public document other than a direct RFx response. And, please include all citations and disclaimers outlined below.”]
AWS offers reports from trusted third-party analysts to help organizations understand the benefits and value of the AWS Cloud. The AWS in Analyst Research page provides reports and analysis from firms such as Gartner, IDC, and Forrester covering a variety of product categories and geographies.

Gartner, Inc., a leading information technology research company, recently released its 2021 Magic Quadrant for Cloud Infrastructure and Platform Services2 3 report. In Gartner's second evaluation covering both cloud infrastructure and platform services (IaaS & PaaS, or "CIPS"), AWS is evaluated as a Leader placed highest in both axes of measurement, Ability to Execute and Completeness of Vision (see Figure 11). This is the eleventh straight year that Gartner has recognized AWS as a Leader in the Magic Quadrant.
2 Gartner, Magic Quadrant for Cloud Infrastructure & Platform Services, Raj Bala, Bob Gill, Dennis Smith, Kevin Ji, David Wright, 27 July 2021. Gartner and Magic Quadrant are registered trademarks of Gartner, Inc. and/or its affiliates in the U.S. and internationally and is used herein with permission. All rights reserved. Gartner does not endorse any vendor, product or service depicted in its research publications, and does not advise technology users to select only those vendors with the highest ratings. Gartner research publications consist of the opinions of Gartner's research organization and should not be construed as statements of fact. Gartner disclaims all warranties, expressed or implied, with respect to this research, including any warranties of merchantability or fitness for a particular purpose.
3 All statements in this report attributable to Gartner represent AWS’s interpretation of data, research opinion or viewpoints published as part of a syndicated subscription service by Gartner, Inc., and have not been reviewed by Gartner. Each Gartner publication speaks as of its original publication date (and not as of the date of this proposal). The opinions expressed in Gartner publications are not representations of fact and are subject to change without notice.

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Figure 11 – 2021 Gartner Magic Quadrant for Cloud Infrastructure and Platform Services More analyst reports can be found at AWS in Analyst Research.

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AWS Resources AWS Overview• What is Cloud Computing:
https://aws.amazon.com/what-is-cloudcomputing/
• Types of Cloud Computing:
https://aws.amazon.com/types-of-cloudcomputing/
• About AWS:
https://aws.amazon.com/about-aws/
• AWS Global Infrastructure:
https://aws.amazon.com/about-aws/globalinfrastructure/ AWS Solutions• Websites and Web Hosting:
https://aws.amazon.com/websites/
• Development and Test:
https://aws.amazon.com/dev-test/
• Backup and Restore:
https://aws.amazon.com/backup-restore/
• Data Archive:
https://aws.amazon.com/archive/
• Disaster Recovery:
https://aws.amazon.com/disaster-recovery/
• Big Data:
https://aws.amazon.com/big-data/
• High Performance Computing:
https://aws.amazon.com/hpc/
• Internet of Things:
https://aws.amazon.com/iot/
• Financial Services:
https://aws.amazon.com/financial-services/
• Healthcare and Life Sciences
https://aws.amazon.com/health/
• Genomics:
https://aws.amazon.com/health/genomics/
• Business Applications:
https://aws.amazon.com/businessapplications/
• DevOps
https://aws.amazon.com/devops/
AWS Products and Services• List of all AWS cloud services:
https://aws.amazon.com/products/
• AWS Marketplace:
https://aws.amazon.com/marketplace/
• AWS service documentation:
http://aws.amazon.com/documentation/
AWS in the Public Sector• AWS Public Sector Homepage:
https://aws.amazon.com/governmenteducation/
• U.S. Federal Government:
https://aws.amazon.com/federal/
• State and Local Government:
https://aws.amazon.com/stateandlocal/
• Defense and Aerospace:
https://aws.amazon.com/governmenteducation/defense/
• Education:
https://aws.amazon.com/education/
• Nonprofit Organizations
https://aws.amazon.com/governmenteducation/nonprofits/ • AWS GovCloud (US) Region:
http://aws.amazon.com/govcloud-us/
• AWS Government Partners:
https://aws.amazon.com/partners/government/
• AWS Public Sector Blog:
https://aws.amazon.com/blogs/publicsector/
AWS Partner Community• AWS Partner Network:
https://aws.amazon.com/partners/
• AWS Partner Directory:
http://www.aws-partner-directory.com/
• AWS Partner Programs:
https://aws.amazon.com/partners/programs/
AWS Professional Services • AWS Professional Services:
https://aws.amazon.com/professionalservices/
• AWS Cloud Adoption Framework:
https://aws.amazon.com/professionalservices/CAF/
AWS Pricing• AWS Pricing Overview:
http://aws.amazon.com/pricing/
• Pricing for each service:
https://aws.amazon.com/pricing/services/
• AWS Economics Center:
https://aws.amazon.com/economics/
• Cloud Financial Management:
https://aws.amazon.com/aws-costmanagement/
• AWS Simple Monthly Calculator:
http://calculator.s3.amazonaws.com/index.html
• AWS TCO Calculator:
http://aws.amazon.com/tco-calculator/
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AWS Billing• AWS Billing and Cost Management:
http://docs.aws.amazon.com/awsaccountbilling/latest/aboutv2/billing-what-is.html • Consolidated Billing:
http://docs.aws.amazon.com/awsaccountbilling/latest/aboutv2/consolidated-billing.html • Cost Explorer:
http://docs.aws.amazon.com/awsaccountbilling/latest/aboutv2/cost-explorer-whatis.html • AWS Budgets and Forecasts:
http://docs.aws.amazon.com/awsaccountbilling/latest/aboutv2/budgets-managingcosts.html AWS Security and Compliance• AWS Security Center:
http://aws.amazon.com/security/
• AWS Shared Responsibility Model:
http://aws.amazon.com/security/sharingthe-security-responsibility/ • AWS Compliance:
http://aws.amazon.com/compliance/
• AWS Data Privacy:
http://aws.amazon.com/compliance/dataprivacy-faq/
• Access Control:
http://aws.amazon.com/iam/
• AWS Security Blog:
https://blogs.aws.amazon.com/security/
AWS Support• AWS Support Tiers:
https://aws.amazon.com/premiumsupport/
• Support Knowledge Center:
https://aws.amazon.com/premiumsupport/knowledge-center/ • AWS Trusted Advisor:
https://aws.amazon.com/premiumsupport/tr
ustedadvisor/
AWS Training and Best Practices• AWS Training and Certification:
http://aws.amazon.com/training/
• AWS Architecture Center:
http://aws.amazon.com/architecture/
• AWS Quick Starts:
https://aws.amazon.com/quickstart/
Industry Analysis• Analyst Reports:
http://aws.amazon.com/resources/analystreports/
• Gartner Magic Quadrant for Cloud
Infrastructure and Platform Services (July 2021): https://www.gartner.com/doc/reprints?id=1-271OE4VR&ct=210802&st=sb&refid=arcard&trkcampaign=acq • IDC Report: Quantifying the Business
Value of Amazon Web Services: http://d0.awsstatic.com/analystreports/IDC_Business_Value_of_AWS_May_2015.pdf AWS Case Studies• AWS Case Studies:
https://aws.amazon.com/solutions/casestudies/
Procurement• AWS Public Sector Contract Center:
http://aws.amazon.com/contract-center/
• 10 Considerations for a Cloud Procurement
Whitepaper: http://d0.awsstatic.com/whitepapers/10-considerations-for-a-cloud-procurement.pdf • How to Buy Cloud Computing Services for
your Agency (Webinar): https://aws.amazon.com/webinars/buyingcloud-computing-services/ Legal• AWS Customer Agreement:
http://aws.amazon.com/agreement/
• AWS Service Terms:
https://aws.amazon.com/service-terms/
• AWS Acceptable Use Policy:
http://aws.amazon.com/aup/
• AWS Trademark Guidelines:
http://aws.amazon.com/trademarkguidelines/
• AWS Site Terms:
http://aws.amazon.com/terms/
• AWS Privacy Notice:
https://aws.amazon.com/privacy/
• AWS Tax Help:
http://aws.amazon.com/tax-help/
Additional Resources• AWS Blog:
https://aws.amazon.com/blogs/aws/
• AWS Discussion Forums:
https://forums.aws.amazon.com/index.jspa
• What’s New from AWS:
http://aws.amazon.com/new/
• AWS YouTube Channel:
https://www.youtube.com/user/AmazonWebServices
• AWS Twitter Feed:
https://twitter.com/awscloud
• AWS on SlideShare:
http://www.slideshare.net/AmazonWebServices
• Events and Webinars
https://aws.amazon.com/about-aws/events/
• An E-Book of Cloud Best Practices:

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Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this document. https://medium.com/aws-enterprisecollection/an-e-book-of-cloud-bestpractices-for-your-enterprise4a211840c55b#.corzpjf3m AWS Whitepapers• AWS Whitepapers and Guides:
http://aws.amazon.com/whitepapers/
• Overview of AWS Whitepaper:
http://d0.awsstatic.com/whitepapers/awsoverview.pdf
• Security Resources and Whitepapers:
http://aws.amazon.com/security/securityresources/
• AWS Compliance whitepapers:
http://aws.amazon.com/compliance/awswhitepapers/
• Best Practices for Security, Identity, &
Compliance:https://aws.amazon.com/architecture/security-identity-compliance • AWS Risk and Compliance Whitepaper:
https://d0.awsstatic.com/whitepapers/compl
iance/AWS_Risk_and_Compliance_Whitepaper.pdf
• AWS Storage Services Overview:
https://d0.awsstatic.com/whitepapers/Storage/AWS%20Storage%20Services%20Whitepaper-v9.pdf Pricing Proposal
Quotation #:  24138630
Created On:  11/3/2023
Valid Until:   11/30/2023
CA-City of Cypress Inside Account
Executive
Adrian Smith
5275 Orange Avenue
CYPRESS, CA 906300609
United States
Phone: 7142296719
Fax:

Email: [email protected]
Dave Stanley
290 Davidson AVE
Somerset, NJ 08873
Phone: 800-527-6389
Fax:

Email: [email protected]
All Prices are in US Dollar (USD)
Product Qty Your Price Total
1 Arctic Wolf MDR user license
Arctic Wolf - Part#: AW-MDR-USER
Contract Name: NASPO Software VAR
Contract #: ADSPO16-130651
Subcontract #: 7-16-70-36
Coverage Term: 10/26/2023 – 10/25/2026
Note: Software, ESD
150 $412.38 $61,857.00
2 Arctic Wolf MDR server license
Arctic Wolf - Part#: AW-MDR-SE
Contract Name: NASPO Software VAR
Contract #: ADSPO16-130651
Subcontract #: 7-16-70-36
Coverage Term: 10/26/2023 – 10/25/2026
Note: Software, ESD
50 $412.38 $20,619.00
3 Arctic Wolf MDR Log Retention - 1 year
Arctic Wolf - Part#: AW-MDR-1YR
Contract Name: NASPO Software VAR
Contract #: ADSPO16-130651
Subcontract #: 7-16-70-36
Coverage Term: 10/26/2023 – 10/25/2026
Note: Software, ESD
200 $38.63 $7,726.00
4 Arctic Wolf MDR Office 365 user license
Arctic Wolf - Part#: AW-MDR-O365
Contract Name: NASPO Software VAR
Contract #: ADSPO16-130651
Subcontract #: 7-16-70-36
Coverage Term: 10/26/2023 – 10/25/2026
Note: Software, ESD
150 $60.46 $9,069.00
5 Arctic Wolf 200 Series Sensor - 2 x 10G Multi-mode fiber SFP+ modules with LC connector
Arctic Wolf - Part#: AW-MDR-2XX-S-10G
Contract Name: NASPO Software VAR
Contract #: ADSPO16-130651
2 $9,073.41 $18,146.82
Subcontract #: 7-16-70-36
Coverage Term: 10/26/2023 – 10/25/2026
Note: Software, ESD
6 Arctic Wolf Platform - Users and Servers
Arctic Wolf - Part#: AW-PLATFORM
Contract Name: NASPO Software VAR
Contract #: ADSPO16-130651
Subcontract #: 7-16-70-36
Coverage Term: 10/26/2023 – 10/25/2026
Note: Software, ESD
200 $0.00 $0.00
7 AW-PLATFORMBASE
Arctic Wolf - Part#: AW-PLATFORM
Contract Name: NASPO Software VAR
Contract #: ADSPO16-130651
Subcontract #: 7-16-70-36
Coverage Term: 10/26/2023 – 10/25/2026
Note: Software, ESD
1 $0.00 $0.00
8 Arctic Wolf Sensor/Scanner Shipping
Arctic Wolf - Part#: AW-SHP
Contract Name: NASPO Software VAR
Contract #: ADSPO16-130651
Subcontract #: 7-16-70-36
Coverage Term: 10/26/2023 – 10/25/2026
Note: Software, ESD
1 $0.00 $0.00
Total $117,417.82
Additional Comments
Arctic Wolf’s delivery of the products, services, and Solutions described herein are governed by the applicable Agreement located at https://arcticwolf.com/terms (or such other agreement executed by Arctic Wolf and the end user). The terms of this Order Form are Confidential Information and may not be disclosed except as otherwise provided in the applicable Agreement.

Cypress City CouncilNovember 13, 2023

Cypress City Council
November 13, 2023