Hemet City Council
March 22, 2022

Site Survey Report
Customer: Hemet PD
Location: 450 E Latham Ave, Hemet, CA 92543
Date of Survey: 2/10/2022

ANI/ALI

Several possible points for CAD-spill ANI/ALI from the Vesta exist, included Black Box Data Sharer, however all ports appear to be in-use. Hemet PD will be required to provide an appropriate Vesta CAD-spill (RS232 port, DB25F format).

Radio:

Channel feeds from the radio consolettes or CCGWs need to be located and labeled as part of a pre-installation re- wiring/identification visit. If issues arise, it may be necessary to involve the local radio hardware technician/vendor.

Console feeds rom the radio operator positions exist, but need to be located and labeled as part of a pre-installation re- wiring/identification visit.

Rack/Mounting/Power

There is sufficient rack space and power in the rack next to the existing recorder and possible in the rack of the existing recorder. Hemet PD to make a final determination for mounting location. Existing power strips in these racks appear to be full. Eventide converts to 2 or 4-post rack configurations (both configurations are present at Hemet PD). • Hemet PD will be required to provide sufficient power for the Eventide and NAS (Scott indicated that they could provide new PDU’s
• Power needs to be UPS protected
• Goserco recommends 2 separate PDUs (A side and B side) if at all possible, to leverage the dual power supplies of both the Eventide and the proposed NAS
• All outlets (4-total) for the Eventide and NAS should be standard NEMA 5-15 type

Network

The system will be connected to the 10.15.133.X network (cityofhemet.org domain), for client access and CAD workstation screen recording. Hemet PD will need to establish and label the network connectivity points as well as IP addressing for the Eventide equipment.

Customer indicated that they would prefer a full LDAP active directory integration with SSO. Active Directory integration and any other networking requirements are sent under separate project documentation.

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Site Survey Report
Customer: Hemet PD
Location: 450 E Latham Ave, Hemet, CA 92543
Date of Survey: 2/10/2022
Peripherals and Other

A 6TB, 1U, Redundant power NAS archive appliance is recommended for real-time backup of all call and radio recordings, as well as 60-90 days of screen recordings.

Other than a serial cable for ANI/ALI connectivity to the Vesta CAD spill, no other Peripherals from Goserco are required.

The following peripheral parts and other items are to be provided by the Customer:

N/A

Client Workstations

Dispatch Clients:

Access to MediaWorks software via any HTML5-compliant browser. PCs are Windows-10 Based.

Supervisor Clients:

Access to MediaWorks software via any HTML5-compliant browser.

Client Workstation and User List

To be confirmed as part of project workbook.

LDAP Active Directory integration with SSO was requested by the customer.

Existing Data Access

All data on the Verint Audiolog system will be independent, and the customer should arrange to support that system for access to recordings that took place prior to any cutover for the length of their retention period.

Notes, Customer Comments, and other Discussion from Site Survey Meeting

Screen Recording: recommended 60-90 day retention with screen recording active while operator is on an active call.

Hemet asked about screen recording other workstations (non-dispatch) as standalone activity-triggered, which is possible with appropriate licensing and configuration.

User Tracking: Windows user tracker will be deployed for both recordings search by employee as well as QA reporting by employee. CAD PCs already use individual Windows Logons at this time.

Quality Assurance Software: Hemet employs approximately 16 call-takers/dispatchers, so an initial 20-pack of Quality Factor licenses will suffice.

CAD: Current platform is Mark 43. Note: Eventide does not currently offer an out-of-the box CAD data integration for Mark 43, but may in the future. There is a CAD API option available for custom integration.

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Site Survey Report
Customer: Hemet PD
Location: 450 E Latham Ave, Hemet, CA 92543
Date of Survey: 2/10/2022
Preferred browser in customer environment is Chrome.

Other Eventide options discussed/desired:

ANI/ALI
GeoSearch
MediaWorks Mobile
Pack and Go
ProQA Aqua
Radid SOS – Hemet PD has an account and secret password Enhanced Reports

Remote Access: Goserco support VPN (to Goserco NMA) was discussed briefly. Goserco can show how enable/disable.

Goserco can also work with ad-hoc supervised remote access (e.g. Gotomeeting, Webex, etc.)

Remote Playback: Hemet asked about remote playback access. VPN connectivity inbound is recommended for this, but further discussion can take place.

For future radio upgrade/update, additional discussion about analog radio feed sources should take place – there are options.

Follow-up items/questions for Goserco:

1. What is the format of Pack and Go files? Can they be password protected?

2. Is the screen recording agent available as a silent install? File type?

3. NAS should be 6TB, and Eventide RAID should be 3 x 2TB (2 x 2TB Hot Swap RAID 1, with installed hot-spare HDD (Goserco to update quote accordingly)

Goserco anticipates providing answers to these items within the week of 2/14-2/18.

Next Steps

• Quote and Quote Review
• Goserco to complete 3 follow-up items from above
• Procurement by Hemet PD
• Project Management/Planning by Goserco
• Pre-installation re-wiring/identification visit

Site Photos (Brief Highlights)

Note: Photos in next section are for reference only - High-res photos on-file show additional detail…

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Site Survey Report - Photos

Photo 01 – Dispatch position layout, as seen from back of room behind Position 1

Photo 02 – Dispatch layout – typical.

City PC to the left. Dual-display CAD PC center, Vesta right, Motorola, far right.

Photo 0302 – CAD PC is dual-display, both displays are
1920x1080 landscape. CAD PCs are Windows 10 64-Bit on the

10.15.133.X Network
Photo 04 – Motorola radio consoles are MCC75500e with AIM audio handoff. Hemet PD/Hemet FD channel banks are
primary screen.

POS
3 POS
6 POS
1 POS
5 POS
4 POS
2

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Site Survey Report - Photos

Photo 05 – Typical position hardware shown. Motorola
MCC7500e with AIM and Vesta with SAM

Photo 06 - 110 block wiring tie from each position to Vesta IDF room. Note: Each position uses a busy beacon off the Vesta contact closure. Vesta voltage on the audio pair triggering for recording needs to be implemented.

Photo 07 – There is separate radio console wiring at each position (in adjacent cabinet) for console audio delivery (presumably to radio IDF room – to be traced).

Photo 08 - Typical Mitel 4150 digital phone recorded via logger patch LRX-30 non-amplified (inset). Cabling appears to share a single cable to the city IDF room (via pair splitter).

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Site Survey Report - Photos

Photo 09 – Existing recording rack shown. There is more space in the 2-post relay rack to the right to accommodate a new recorder, but it may be possible in the existing rack. Additional power will be needed (see survey text).

Photo 10 – Vesta IDF room wiring wall shown. Location for 3 existing recording demarks shown. A pre-installation re- wiring/identification visit be conducted to locate and label all source feeds (tracing lines where necessary), can be provided.

Photo 11 – Likely location of Mitel and other premise wiring termination shown in City IDF room

Photo 12 – Location of additional demarks (in City IDF room) shown. A pre-installation re-wiring/identification visit be conducted to locate and label all source feeds (tracing lines where necessary), can be provided.

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Site Survey Report - Photos

Photo 13 – Relative location of City IDF room (left) and Vesta IDF room (right) shown.

Photo 14 – Vesta Black Box Data Sharers for ANI/ALI shown (all ports full)

Photo 15 – Location of CAD data split for Mark 43 CAD shown. Photo 16 – Radio demarks shown (radio IDF room). A pre- installation re-wiring/identification visit be conducted to locate and label all source feeds (tracing lines where
necessary), can be provided.

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Site Survey Report - Photos

Photo 17 – Radio component wiring rack shown (labeled).

A pre-installation re-wiring/identification visit be conducted to locate and label all source feeds (tracing lines where
necessary), can be provided.

Photo 18 – Radio consolette bank (top) shown. A pre-
installation re-wiring/identification visit be conducted to locate and label all source feeds (tracing lines where
necessary), can be provided.

Photo 19 - Radio consolette bank (bottom) shown. A pre- installation re-wiring/identification visit be conducted to locate and label all source feeds (tracing lines where
necessary), can be provided.

Photo 20 – Additional control station consolettes shown. A pre-installation re-wiring/identification visit be conducted to locate and label all source feeds (tracing lines where
necessary), can be provided.

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Nexlog DX 96 analog channel system-Hemet PD
-.With EWP
Quote #011275 v1
Prepared for
Hemet Police Department
We have prepared a quote for you
Prepared by
Shaun Andrews
,
Phone: Email: [email protected] Web: www.goserco.com

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Phone: Email: [email protected] Web: www.goserco.com Thursday, February 24, 2022
Hemet Police Department
Dale Digiambattista
450 E. Latham Avenue
Hemet, CA 92543
[email protected]
Dear Dale,
CMAS contract # 3-17-70-2565D.

Thank you for giving Goserco the opportunity, to propose an Eventide DX recording solution. The following items are proposed, on my attached quote.
 QA-Quality Factor
 Analog recording for 911 trunks, Positions, and radio  Logger patches for recording Mitel phones
 Rapid SOS integration, for GPS coordinates and mapping functionality  Screen recording, for CAD PC's-
 Geofence Mapping(Included with Rapidsos package)
 Enhanced Reporting
 Network Attached Storage(NAS) for archiving audio and screen recordings Shaun Andrews
Sales Account Manager
Goserco HQ
Quote #011275 v1 Page 2 of 19

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Phone: Email: [email protected] Web: www.goserco.com Eventide NexLog Hardware Price Qty Ext. Price
CE-NexLog740DX Standard NexLog 740 DX-Series: 2x1TB Fixed s/w-RAID1=1TB storage Standard NexLog 740 DX-Series: 2x1TB Fixed s/w-RAID1=1TB storage
$6,156.15 1 $6,156.15
Display Options
CE-DX701 Integrated 7" Color LCD Touch Screen Display for NexLog 740 DX- Series
Integrated 7" Color LCD Touch Screen Display for NexLog 740 DX-Series
$1,228.15 1 $1,228.15
Internal Storage Options
CE-DX709 Upgrade NexLog 740 DX-Series (at time of order) to 2x4TB HotSwap RAID1 +HotSpare 4TB=4TB storage
Upgrade NexLog 740 DX-Series (at time of order) to 2x4TB HotSwap RAID1 +HotSpare 4TB=4TB storage
$3,965.50 1 $3,965.50
Rack Slide Options
CE-324430 DX Rack Mount Slides - 4 Post, 3U (for NexLog 740DX) Rack Mount Slides - 4 Post, 3U (for NexLog 740DX)
$273.60 1 $273.60
Record Boards-For 6 Vesta phone positions, 4 -911 trunks, 15 total radio channels. Mitel 4150 supersets. (control station and position) CE-DXANA24 24-Channel Analog PCIe (PCI Express) Card, 24 Ch. Licenses 24-Channel Analog PCIe (PCI Express) Card, 24 Ch. Licenses $4,620.00 4 $18,480.00
CE-264242-003
DX
9 ft. Cable for Analog or Digital PBX card DX
9 ft. Cable for Analog or Digital PBX card DX
$70.84 4 $283.36
CA-LP-LRX-30A LRX-30A Amplified telephone logger patch designed for standard wired handset cords. Hard-wired 7 ft. audio output cord with RJ-11 plug.

LRX-30A Amplified telephone logger patch designed for
standard wired handset cords. Hard-wired 7 ft. audio output cord with RJ-11 plug.
$40.42 10 $404.20

CA-NAS-
RMNAS06TB
Rackmount NAS 6TB, 1U w/ 4x3TB SATA HDD (RAID5 + Hot Spare) and Rail Kit
Rackmount NAS 6TB, 1U w/ 4x3TB SATA HDD (RAID5 + Hot
Spare) and Rail Kit
$2,600.00 1 $2,600.00
Subtotal: $33,390.96
Eventide NexLog Software Price Qty Ext. Price

REQUEST AQUA PRO QA INTEGRATION FROM EVENTIDE
Quote #011275 v1 Page 3 of 19

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Phone: Email: [email protected] Web: www.goserco.com Eventide NexLog Software Price Qty Ext. Price
CE-271111 DX Eventide MP3 option for MediaWorks DX
Eventide MP3 option for MediaWorks DX
$150.15 1 $150.15
CE-271109 DX Eventide SSL Enabler option
Eventide SSL Enabler option
$0.00 1 $0.00
CE-271083 DX 8 pack MediaWorks DX (web) concurrent license DX 8 pack MediaWorks DX (web) concurrent license DX
$766.15 1 $766.15
CE-271125 DX 8 pack MediaWorks Mobile DX concurrent license 8 pack MediaWorks Mobile DX concurrent license
$381.15 1 $381.15
CE-209029 DX 911 NENA ANI/ALI CAD Spill Integration - USA/Canada only DX 911 NENA ANI/ALI CAD Spill Integration - USA/Canada only DX $2,691.15 1 $2,691.15
CE-271098 DX Geo Search/View (Requires Lat/Lon, MW PLUS, Google Maps) Geo Search/View (Requires Lat/Lon, MW PLUS, Google Maps) $766.15 1 $766.15
CE-271176 DX RapidSOS Integration for wireless 9-1-1 caller location display (1 license required for each NexLog Recorder that will connect to RapidSOS); Also requires ANI/ALI CAD Spill Integration (p/n 209029) and Geo Search/View option (p/n 271098).

RapidSOS Integration for wireless 9-1-1 caller location display (1 license required for each NexLog Recorder that will connect to RapidSOS); Also requires ANI/ALI CAD Spill Integration (p/n 209029) and Geo Search/View option (p/n 271098).
$3,850.00 1 $3,850.00
CE-115021 DX Enhanced Reports Engine
Enhanced Reports Engine
$812.04 1 $812.04
CE-271051 DX Additional Network Archive License (1 is included) Additional Network Archive License (1 is included)
$192.50 1 $192.50
CE-271146 DX Enhanced Active Directory Integration - No Support Enhanced Active Directory Integration - No Support
$0.00 1 $0.00
CE-271077 DX Quality Assurance DX Software (Quality Factor): FIRST 20 Agents (Requires MediaWorks Plus/DX)
Quality Assurance DX Software (Quality Factor): FIRST 20 Agents (Requires MediaWorks Plus/DX)
$1,220.10 1 $1,220.10
CE-271070 DX Windows Screen Recording (First 5 PCs on recorder) Windows Screen Recording (First 5 PCs on recorder)
$1,925.00 1 $1,925.00
CE-271076 DX Windows Screen Recording (5 additional PCs on recorder) Windows Screen Recording (5 additional PCs on recorder) $385.00 1 $385.00
CE-271167 DX Pack and Go Feature - For Export of Incident along with Packaged Windows-installable Player
Pack and Go Feature - For Export of Incident along with Packaged Windows-installable Player
$381.15 1 $381.15
Quote #011275 v1 Page 4 of 19

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Phone: Email: [email protected] Web: www.goserco.com Eventide NexLog Software Price Qty Ext. Price
CE-271158 DX Enhanced Active Directory Integration - Remote Technical Support (Non-Discountable)
Enhanced Active Directory Integration - Remote Technical Support (Non-Discountable)
$1,995.00 1 $1,995.00
Subtotal: $15,515.54
Services Price Qty Ext. Price
SG-SVC-Standard
Shipping
Standard Shipping and Handling Charges
Standard Shipping and Handling Charges
$160.00 1 $160.00
ALL TRAINING WILL BE DONE REMOTE-QA, ADMIN, and End user

CG-SVC-
Implementation
Pkg
Comprehensive installation package: includes all project management, installation, configuration, and testing, all travel time and expenses, and 1st year support (M-F 8am-5pm)
Comprehensive installation package: includes all project management, installation, configuration, and testing, all travel time and expenses, and 1st year support (M-F 8am-5pm)
$10,500.00 1 $10,500.00
Extended Warranty
This is a Gold Extended Warranty Plan (EWP) quote for
maintenance & support effective for a period of 4 years (for the second through fifth years of ownership following the first year of manufacturer warranty). It covers the listed equipment along with all associated clients, operational software, and integrations.

Please see attached Agreement for specifics of coverage.

This quote includes a discount for pre-purchasing all four years of EWP coverage. If all 4 years are not pre-purchased, the discount will be removed.

Also included is the required pass through DXSUS software subscription payment to Eventide. This is paid annually directly to Eventide via Goserco and is not discountable.

If you have any questions or I can be of any assistance, please don't hesitate to let me know. Thank you!
$0.00 1 $0.00
CG-EWP-GOLD EWP: Gold EWP contract: business hours (M-F 8am-5pm with Remote), on-site, parts and labor. Remote access required. Terms and conditions are listed on EWP contract.
$11,435.04 4 $45,740.16
CG-EWP-Discount Discount for pre-purchasing a 4-year extended warranty plan. ($2,287.01) 1 ($2,287.01) Quote #011275 v1 Page 5 of 19

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Phone: Email: [email protected] Web: www.goserco.com Services Price Qty Ext. Price
CE-DXSUS-12MO Software Update Subscription (DXSUS) for complete DX-Series recording Solution, DX-Series Virtual Recording Solution and DX- Series Smart Gateway. Continuous DXSUS subscription is required for access to versions and updates. Price is per 12-Month period $1,740.45 4 $6,961.80
Subtotal: $61,074.95
Quote #011275 v1 Page 6 of 19

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Phone: Email: [email protected] Web: www.goserco.com Nexlog DX 96 analog channel system-Hemet PD-.With EWP
Quote Information: Prepared for: Prepared by:

Quote #: 011275 Hemet Police Department
450 E. Latham Avenue
Hemet, CA 92543
Dale Digiambattista
[email protected]
951-765-2400
Goserco HQ
Shaun Andrews
480-964-8911 x 5117
Fax 480-964-8912
[email protected]
Version: 1
Delivery Date: 02/24/2022
Expiration Date: 04/16/2022
Quote Summary Amount
Eventide NexLog Hardware $33,390.96
Eventide NexLog Software $15,515.54
Services $61,074.95
Subtotal $109,981.45
Tax $2,921.70
Total $112,903.15
Taxes, shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors.

Quote #011275 v1 Page 7 of 19

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Phone: Email: [email protected] Web: www.goserco.com Project Scope Detail
Comprehensive installation package: includes all project management, installation, configuration, and testing, all travel time and expenses, and 1st year support (M-F 8am-5pm) Project Scope Detail

 Pre-installation build, configuration, and ground shipping to site  Remote project management, planning, and documentation  On-site system installation, configuration, and recording testing during business hours  Deployment of search/playback/export client environment  Configuration of network archival to customer-furnished network-attached storage  Configuration of access security per customer-furnished information  Configuration of NTP time synchronization, and system e-mail notifications  End-user system administrator and supervisor client training  All travel time and expenses included
 1st year on-site warranty repair service, with unlimited remote support to M-F 8am-5pm Quote #011275 v1 Page 8 of 19

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Phone: Email: [email protected] Web: www.goserco.com Statement of Work
Hemet Police Department
Communications Recording Solution Upgrade or Implementation Prepared for: Hemet Police Department (“the customer”)
Prepared by: Goserco, Inc. (“Goserco”)
Project: Communications Recording Solution (Upgrade or Implementation) Statement of Work (SOW) and Statement of Purpose
Goserco, Inc. is pleased to submit this statement of work to Hemet Police Department for services to deliver: the applicable installation, configuration, testing, training, and the relevant project management, for a new or upgrade communications recording solution. This document outlines, the services that Goserco, Inc. will provide, as well as those expected to be provided by Hemet Police Department, or its relevant vendors, in planning for and implementing this project. It may also describe specific services to be customized to your environment. Specifically, this SOW is only for the applicable installation, configuration, testing, training, and the relevant project management, for a communications recording solution.

In the event of overlap, any specific terms and conditions agreed to by Goserco by other device (contract, RFP response, or other written agreement) shall take precedence over this statement of work. With authorized signature by both parties, and in the absence of such an outside agreement, the terms and conditions specified in this statement of work shall apply, and constitute agreement to such terms and conditions by both parties.

Changes to this Statement of Work will be processed in accordance with the procedures described in "Appendix B. Project Change Control Procedure". A Change Authorization must be approved and accepted by both parties to initiate scope changes under this agreement. The investigation and the implementation of changes may result in modifications to any aspect of the project schedule, pricing/invoiced charges, and/or other terms of this agreement. Without signatures of acceptance, specific pricing (if any) in this Statement of Work expires 60 days following the date of its preparation.

Project Scope
The scope – the customized and detailed list of specific items that define what will be considered “in-scope” for this project, is written in a separate section that follows titled, “Project Scope Detail”. The Project Scope Detail is considered part of this statement of work.

Assumptions
General
 The customer will provide a single point of contact that will act as the project owner and who will be the primary individual to sign off on the project phases at completion
 All work under this statement of work will occur Monday-Friday between the hours of 8:00 am and 5:00 pm; no installations, configuration, moves, site visits, or other related work will be scheduled over weekends, evenings, or Goserco, Inc.-declared holidays, without mutual agreement in advance from the Goserco, Inc. project manager and the customer project manager Quote #011275 v1 Page 9 of 19

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Phone: Email: [email protected] Web: www.goserco.com  Goserco, Inc. and the customer will jointly create any project documentation, where customer involvement is required. The customer must approve the final installation schedule and final versions of project documentation to ensure it coincides with all expectations
 Goserco, Inc. and the customer will jointly create any special requirements for defining “project acceptance” in writing, and with mutual agreement to such requirements, those requirements will become part of a written cutover plan (or installation checklist)
 “Project acceptance” (via a signed installation service ticket or other written acknowledgement) should follow (within 24 hours) completion of the written project plan, and a successful support turnover call, and Goserco’s delivery to the customer of “as-built” system configuration documentation
Premises Work
 The customer will be responsible for all carpentry or mechanical work not explicitly detailed in this proposal  The customer location does not require the use of union labor  The customer assumes all responsibility for compliance with local and federal laws and regulations as they relate to recording telephone, radio, and other electronic or audio conversations, as well as other electronic communications (including visual) such as desktop screen recording and application usage tracking, etc.  Cabling or termination of telecom, Ethernet, or electrical supply wiring, is not included in this SOW. Additional information follows in the section titled, “Specific Technical and Other Provisions”  Hours spent troubleshooting problems outside of the project scope of in this SOW will be billed at $150 per hour (via remote access) or $225 per hour (on-site). The project managers will be contacted and will approve any additional charges prior to execution of any work that could result in additional charges Shipping Management and or Special Requirements
 In general, all shipments for this project will be via local delivery or “UPS Ground”  Any expedited shipping charges that result from customer request or customer delay will be passed on to the customer at actual cost
Deposits, Invoicing, and Scheduling
 Order Deposit – Unless other contractual arrangements or quoted payment terms exist (within this proposal package), whether governmental or private sector, a deposit equal to 50% of all hardware and software is due at the time the order is placed, and required to begin implementation project management. Services are invoiced at project completion  Invoicing – Invoices for equipment and software (or for remaining balance on any equipment and software) to be installed as part of this implementation, will be generated when the equipment and software is delivered to the customer site(s). Invoices for services will be generated at the completion of those services (based on either a specific project milestone invoicing schedule or at general “project acceptance”)
 Payment - for all invoices is due with 30 days of invoice date (NET 30), and the customer may take a 2% discount (of invoice total) for any invoice paid within 10 days of invoice date (NET 10)  Postponement/Project Schedule Delay - If the project schedule is postponed or delayed by the customer after any equipment has been ordered, the customer agrees to pay any balance due (less services not performed) within 30 days of the originally scheduled (a mutually agreed upon) installation date
 On-site Cancellation/Postponement Charges - If the installation is cancelled or postponed for reasons beyond the control of Goserco, Inc. once a technician is on-site, the cost of taking the technician out of service at $150 per hour (for actual time out Quote #011275 v1 Page 10 of 19

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Phone: Email: [email protected] Web: www.goserco.com of service), and related travel expenses (at cost) will be passed on to the customer  On-site Project Delay - If the project is unreasonably delayed while a technician is on-site for reasons such as, but not limited to: access to appropriate buildings or specific areas within buildings, lack of access to, or unavailability of assigned or appropriate customer personnel, delay due to a third party, waiting, etc. the cost of the technician being out of service at $150 per hour (for actual time out of service), will be passed on to the customer Goserco, Inc. Team Responsibilities
Pilot System
 If a pilot system is required (for multi-site installations only), it will be coordinated through the project planning process Project Management
 The Goserco, Inc. project manager (or designated backup) will work with the customer for the life of the project. He or she will manage each phase of the project to include shipping, installation, training and all other contacts regarding this project  The Goserco, Inc. project manager will handle escalation of problem solving within Goserco, Inc. internal teams as well as contacts within the Customer organization
 The Goserco, Inc. project manager should be the first point of contact for any project issue  The Goserco, Inc. project manager will handle communication issues regarding equipment procurement and/or transportation within Goserco, Inc
 The Goserco, Inc. project manager will review all documentation  The Goserco, Inc. project manager will maintain a project schedule and tasks list Installation Services
 All services under this statement of work will occur between 8:00 a.m. and 5:00 p.m. local time, Monday through Friday, or on otherwise suitable days and times as mutually agreed to by the customer project manager and the Goserco, Inc. project manager
 All installation teams will consist of 1-2 Goserco, Inc. technicians  Installation and training is for Eventide NexLog recording equipment and client software as quoted/described  Each technician will bring appropriate tools to complete their assigned tasks  Any issues that may delay, or prevent the completion of the installation, will be escalated to the Goserco, Inc. project manager for resolution. Every effort will be made to overcome any issues while the technician is on-site  All work areas will be neat, and free of recording system installation materials and packaging prior to leaving the site  Goserco, Inc. is not responsible for any pre-existing network conditions that prevent normal operation, or delay the installation process (i.e., network configuration, network viruses, domain restrictions, IP address assignments/changes, PBX configuration/changes, etc.

Training Services
 All services under this statement of work will occur between 8:00 a.m. and 5:00 p.m. local time, Monday through Friday, or on otherwise suitable days and times as mutually agreed to by the customer project manager and the Goserco, Inc. project Quote #011275 v1 Page 11 of 19

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Phone: Email: [email protected] Web: www.goserco.com manager
 Training content is dictated by the stated project scope  Training scheduling will be mutually agreed upon by the customer and Goserco, Inc. project manager. Although the customer is responsible for coordination of classroom facilities (where applicable), scheduling and attendance of appropriate participants, and production of any printed materials (from electronic documentation provided by Goserco, Inc.), the Goserco, Inc. project manager will assist in the organization and planning with the customer project manager.

Goserco, Inc. Contacts
 Project Manager: TBA
 Backup Project Manager: TBA
 Lead Technician: TBA
 Account Rep: TBA
 Other technicians and personnel, as assigned: Office 480-964-8911 Option 1 Customer Responsibilities
General
The responsibilities listed in this section are in addition to those responsibilities specified in any Goserco, Inc. quoted sales terms and all services by the customer are to be provided at no charge to Goserco, Inc. Goserco, Inc.’s performance is predicated upon the following responsibilities being fulfilled by the customer
Project Management
Prior to the beginning any work in the project calendar or plan, the customer will designate a Project Manager to whom all Goserco, Inc. communications will be addressed and who has the authority to act for the customer within the terms of this agreement. The Customer’s project manager will be the focal point for the following activities:
 Serve as the communications interface between Goserco, Inc. and all Customer departments participating in this project.  Coordinate and ensure the provision of all required customer information (as needed for proper implementation) and delivery of requirements (hardware, technical support, and services) as needed to perform this Statement of Work. Answers and information should be provided within three working days of Goserco, Inc. request, unless the Customer and Goserco, Inc. mutually agree to an extended response time
 Assignment of personnel to the project to be on-site at the time of equipment delivery and installation for verification and acceptance. Goserco, Inc. will coordinate the schedule with the Customer Project Manager  Help resolve and escalate as needed project issues and problems within the customer staff  Administer Project Change Control in conjunction with the Goserco, Inc. Project Manager  Receive, review, and maintain Goserco, Inc.-prepared documentation  Accept responsibility for the security of all equipment shipped to the Customer’s location(s)  Arrange for any security clearances required for all Goserco, Inc. personnel  Arrange for payment of deposits and invoices
Customer Contacts
Quote #011275 v1 Page 12 of 19

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Phone: Email: [email protected] Web: www.goserco.com  Project manager: TBA
 Customer telephony contact: TBA
 Customer 911 telephony contact: N/A
 Customer radio contact: TBA
 Customer I.T. servers/network contact: TBA
 Customer I.T. desktop contact: TBA
 Customer operations (site) contact: TBA
Specific Technical Services and Other Provisions
Equipment-Environment
 Customer will ensure adequate UPS power and power distribution for all servers to be installed  Customer will ensure adequate rack mounting space and proper environmental control where any equipment is to be installed - standard 19” 4-post rack rail hardware is typically supplied with new systems purchased from Goserco, Inc., however in cases where the standard supplied rack rail hardware will not accommodate a proper installation, the customer will provide and install suitable rack shelving or other mounting hardware as may be required by local building/equipment installation codes  Each server must be located within Ethernet standard distances of the switch it connects to, and have a minimum of two available ports for network access - one dedicated for network traffic (CTI connection, client connections, and CAS server upload), and one for IP recording capture (or spare)
Operating System and Anti-Virus Software
 For Windows-based systems only, Operating System Critical Updates are the responsibility of the customer for Microsoft Windows-based systems (Manufacturer-tested update levels will be provided by Goserco, Inc. on regular basis, as QA’d and released by the manufacturer – typically semi-monthly)
 Anti-virus software (and proper configuration thereof) for the server(s) are the responsibility of the customer and are required – note: there may be mandatory file extension type exclusions for Windows-based servers (including any that are virtualized).

Equipment Access and Remote Access
 Customer will ensure access to any locked facilities (i.e.: equipment rooms) so as to prevent a technician from experiencing any delays on-site while attempting to access an installation location  The customer will provide uninterrupted remote access to all Goserco, Inc.-installed servers (and potentially relevant clients) during any period in which Goserco, Inc. provides installation or configuration services, technical support or maintenance/extended warranty services
Networking, Clients, and Desktop Installations
 All server systems will require network connectivity with static IP addresses, valid subnet, gateway, and DNS addresses, as well as an NTP
 Network administrative configuration of the recording servers is the responsibility of the customer – Note: there may be Quote #011275 v1 Page 13 of 19

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Phone: Email: [email protected] Web: www.goserco.com specific network environment requirements for the system(s) and it is advised that the customer check with Goserco, Inc. prior implementation of configuration or changes – e.g. Audiolog servers are typically required to be joined to the domain in a separate OU with no policies pushed (including any servers that are virtualized), and a domain Audiolog administrative user account with local administrator privilege on the Audiolog is required for application services. While Eventide servers are Linux-based, there may be specific required network configuration  Any new client user PC's must meet the minimum requirements listed in the system documentation CD  An appropriate customer network technician will be on-hand and available (on installation and testing days) to assist with installation and client software installation as needed, as well as produce client software load procedure documentation in conjunction with a Goserco, Inc. technician at the installation  All network configuration required to produce a successful implementation is the responsibility of the customer, and will be provided to Goserco, Inc. free of charge. A successful implementation includes both server connectivity and client pc network connectivity and configuration. Additionally, it is the responsibility of the customer to provide and ensure LAN/WAN connectivity and configuration that will allow for proper client access from within, or off-site, if applicable (including firewall configuration where necessary
 Customer will provide a list of client pc’s, AD user names, actual user names, and a seating chart (to include desired channel- level security restrictions) if Goserco, Inc. is to perform any installation of client software and restrict access to the system on a per-user basis
Telephone/PBX, Radio System, and or IP Dispatch Console Integration and Requested Configuration Information  For integrated recording of any telephone/PBX, digital radio, or IP dispatch console communications system, the customer will provide or otherwise arrange for purchase, installation, and configuration of all telephone/PBX, digital radio, and or IP dispatch console hardware and software (including any required licensing that may be necessary to support recording in the customer environment). The customer will provide or otherwise arrange for purchase, installation, and configuration of any and all related/required network infrastructure (such as switches, firewalls, communications circuits, etc.). The customer will provide or otherwise arrange for purchase of all telephone/PBX, digital radio, and or IP dispatch console configuration, testing, and troubleshooting services, as well as any required network configuration (including SPAN ports if required), testing, and troubleshooting necessary to establish or support proper recording connectivity and communications to the telephone/PBX, digital radio, and or IP dispatch consoles, and the customer network  Customer will provide a complete list of requested telephone/PBX, digital radio, and or IP dispatch console information:
including, but not limited to, hardware and software versions, IP addresses, protocols, etc. as well as details that may be needed to ensure a successful integration and proper recording such as: agents, extensions, device identifying information, channels, talk groups, and frequency ID’s and or names, etc.

Wiring
Traditional Device Monitoring, and Other Wiring Notes
 In general, Goserco, Inc. will provide a demarcation point (typically 1 or more 66 blocks) and cable connection from this demarcation point to the recorder(s). The customer is responsible to provide feed wiring for any and all audio sources to be recorded, and cross-connect to the provided demarcation point  For direct digital station tapping, the customer is responsible to provide feed wiring for any extension to be recorded. This is typically accomplished (for supported handset models), by passing the cross-connect wiring from the designated PBX output pair, through the provided recording demarcation point (punch without cut/termination), and on to the designated premise wiring/jack pair for the phone to be recorded. Goserco will re-cross connect existing phones so that they pass through the recording demark in cases where the customer can identify all phones to be recorded (e.g. produce a list of devices required to Quote #011275 v1 Page 14 of 19

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Phone: Email: [email protected] Web: www.goserco.com be recorded) and identify and mark existing extension punch down locations for at least one side of the existing cross connects of phones to be recorded (PBX port pair, or premise wiring pair)  For analog recording (full-time or record-on-demand) of digital or VoIP phones via logger patch, analog feed wiring in the form of a CAT5 cable home run from within 5’ of phone (terminated as an RJ11), to recorder demarcation block (non-terminated) is to be provided to Goserco, Inc. at no charge for each phone to be recorded. Goserco, Inc. will typically provide and install the required analog logger patches – note: a standard 110V AC power outlet within 5’ of the phone is also required  Intrado/Positron: For analog recording of LIFELINE100 and VIPER systems, CCB/SONIC analog feed wiring for position audio and E911 CAMA trunks (if applicable) is to be provided to Goserco, Inc. at no charge. If ANI/ALI integration is included, a standard DB9M serial connector (providing standard CDR from the Viper system) is required, and will be provided to Goserco, Inc. at no charge.
 Airbus/Cassidian: For analog recording of VESTA and systems, ACU/SAM analog feed wiring for position audio and E911 CAMA trunks (if applicable) is to be provided to Goserco, Inc. at no charge. If ANI/ALI integration is included, a standard DB9M serial connector (providing the ANI/ALI CAD spill) is required, and will be provided to Goserco, Inc. at no charge.  For analog recording of radio, the customer is responsible to provide feed wiring that provides combined transmit/receive audio for any channel, frequency, or console to be recorded to Goserco, Inc. at no charge  Signal strength (when audio is present) for analog VOX recording is typically optimal for recording in a range of -10dBm to 0dBm
Pricing
Pricing Per Quotation
Pricing for the services listed in this statement of work is as "a fixed amount, complete package".

APPENDIX A - Deliverable Guidelines
Status Reports
Purpose: The Goserco, Inc. project manager will typically provide weekly project plans or status reports via e-mail, advising the customer project team of the progress and status of Goserco, Inc. related activities. The report will outline and describe the status of tasks worked on during that period and document significant accomplishments, milestones, and problems identified Content: The report may consist of the following, as appropriate for the project:
 A regularly updated project schedule, noting key events, planned travel, and training schedules  Activities performed during the week/month
 Activities planned for the next week/month
 Issues or concerns about activities, which occurred in the previous week/month  Recommendations relating to problems or issues
 Any other items that Goserco, Inc. reasonably anticipates may have an effect on the schedule or otherwise materially impact on the project
 Billing information if needed
 Project change control summary (See "Appendix B. Project Change Control Procedures" in Appendix B for details.) Installation Checklist/Cutover Plan (if applicable)
Purpose: An installation checklist/cutover plan document will provide a detailed plan for cutover and contingency planning and or back- Quote #011275 v1 Page 15 of 19

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Phone: Email: [email protected] Web: www.goserco.com out procedures for the installation services. The installation checklist/cutover plan document will also provide a brief outline/timeline of expected activities for on-site time, and will require customer approval prior to installation. The combination of a completed customer-approved installation checklist and a completed service ticket by the installing technician will be presented to the customer for signature, and customer signature will constitute project acceptance. Minor exceptions, deviations, and other changes noted in the installation checklist shall not delay project acceptance if follow-up support or resolution has been initiated and communicated in writing, and such deviations do not materially impact the primary use and functions of the deployed system(s).

Copies of All System Software and Documentation
One copy of all system software and documentation will be provided for each site. In most cases documentation is provided in .PDF format on CD or DVD. Customers are responsible for the safe-keeping of software and documentation Other Project Documentation
Other project documentation will be delivered as deemed beneficial to the project and may included such items as: specific technical documentation, specific project planning documentation, and specific site-specific configuration details documentation Administrator and End-User Training
System administrator and end-user training sessions will be scheduled and provided, as dictated by the scope of the project. A training plan that details the training content, formats, and relevant audience(s) will be provided prior to training APPENDIX B - Project Change Control
Procedures
The following provides a detailed process to follow if a change to the scope or directly from the Customer to this Statement of Work is required:

A Project Change Request (PCR) will be the vehicle for communicating change (to be completed by Goserco, Inc. at customer or Goserco, Inc. request)
 The Project Change Request must describe the rational for the change and the affect the change will have on the project  The Customer and Goserco, Inc. Project Managers will review the proposed change and approve it or revise it as required.

Goserco, Inc. will specify any charges for such change. If the Customer Project Manager authorizes the change, in writing, this constitutes approval for the change charge(s). Goserco, Inc. will invoice the Customer for any such charges. The Customer will be responsible for the affect that the change will have on price, schedule, and other terms and conditions of the Agreement  A written Project Change Request must be signed by the Customer and Goserco, Inc. to authorize implementation for the changes
APPENDIX C – Legal Agreements
Invoices and Payment
Unless otherwise specified in a Sales or Services Agreement or other contract, you agree to pay Goserco, Inc. the Purchase Price for Products and/or Services and the license fee(s) for Licensed Software, less any deposit paid previously, within thirty (30) days of the delivery of any Products or Licensed Software and/or the provision of any Service. You also agree to pay Goserco, Inc. amounts equal to any applicable sales, use, property, value-added, or any other taxes, except income tax, resulting from any transaction under this Quote #011275 v1 Page 16 of 19

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Phone: Email: [email protected] Web: www.goserco.com Agreement or any Sales or Services Agreements. Any applicable tax will be based on those taxes imposed by the taxing authorities in the jurisdiction to which you request the Products or Licensed Software delivered or in which Services are performed. Unless otherwise agreed and indicated on documentation provided by Goserco, Inc. to you, such as an invoice, or otherwise provided herein, you will pay all shipping costs for Equipment, Product or Licensed Software you purchase from Goserco, Inc. In the event you dispute any amount on an invoice, you must provide written notification of the dispute to Goserco, Inc. within ten (10) days after you receive the disputed invoice. Goserco, Inc. agrees to provide supporting documentation concerning any disputed amount or invoice within ten (10) days after written notification of the dispute to Goserco, Inc. Both parties agree to use their best efforts to resolve such dispute within thirty (30) days after you provide written notification of the dispute. You shall have no obligation during the thirty (30) day period specified above to pay any amount that you reasonably dispute hereunder, but you agree to pay the undisputed portion of the invoice.

Shipping; Risk of Loss
All risk of loss or damage to the Products shall be the responsibility of the party upon whose premises the Products are located at the time of such loss or damage. In the event the loss of damage occurs during shipping or delivery, the party in charge of arranging for such shipping or delivery shall bear the responsibility for the loss or damage. You agree, upon delivery of Equipment or Products, and prior to the transfer of title and/or license rights to you, to insure such Equipment or Products with a conventional commercial insurance policy sufficient to protect Goserco, Inc.’s interest in such Equipment or Products and to provide Goserco, Inc. evidence of such insurance upon its reasonable request.

Non-Solicitation
Each party recognizes that the other party’s employees are critical to the business operations of the other party. For the term of this Agreement and for six (6) months after its termination, each party agrees that it and any parent company, subsidiary, partner, limited partner, joint venture, or any entity related in any manner to it by common ownership (“Related Entities”), will not employ, hire, or compensate in any manner or capacity, including as an employee or independent contractor (“Employ”) any employee of the other party that it was introduced to by, and who was directly connected with, such party’s performance under this agreement. Each party further agrees not to employ any former employee of the other party unless the employer-employee relationship has been terminated for not less than one hundred eighty (180) days. In the event of breach of this provision by a party or any Related Entities, such party shall be liable to the other party for the principal sum of Twenty Five Thousand and No/100 Dollars ($25,000.00) as liquidated damages, and not as a penalty for said breach.

Confidentiality
All documentation and information which are either designated as confidential or proprietary or would reasonably be considered to be confidential or proprietary, including without limitation, drawings, listings, techniques, algorithms, processes and technical and marketing information, business data and employee information which are transferred between the parties in connection with this agreement ("Proprietary Information") (other than documentation and information intended for general distribution to third parties) shall be held in strict confidence by the parties, and shall not be disclosed or used in any fashion other than pursuant to the terms of this agreement without the other party's prior written consent. Each party’s proprietary information and all other items related thereto, including, without limitation, programs, methods of processing, specific design and structure of individual programs and their interaction, and the unique programming techniques employed therein, and all enhancements, modifications, updates, and derivative works thereof are and shall remain the sole and exclusive property of such party and shall not be sold, revealed, used, disclosed, transmitted or otherwise communicated, directly or indirectly, by the other party except as expressly provided for in this Agreement.

Each party agrees to protect the others' proprietary Information with the same standard of care and procedures that it uses to protect its own trade secrets and Proprietary Information of a confidential nature.

Force Majeure
Neither party shall be deemed to be in default or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of service resulting directly or indirectly from acts due to events of nature, acts of civil or military Quote #011275 v1 Page 17 of 19

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Phone: Email: [email protected] Web: www.goserco.com authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, laws, regulations, acts or orders of any government or agency or officials thereof, other catastrophes or any other similar occurrences beyond such party's reasonable control. In every case, the delay or failure in performance or interruption of service must be without fault or negligence of the party claiming excusable delay and the party claiming excusable delay must promptly notify the other party of such delay. Performance time under this Agreement shall be considered extended for a period of time equivalent to the time lost because of any delay, which is excusable under this paragraph, provided, however, that if any such delay continues for a period of more than sixty (60) days, the party not claiming excusable delay shall have the option of terminating the order or service upon written notice to the party claiming excusable delay
Quote #011275 v1 Page 18 of 19

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Phone: Email: [email protected] Web: www.goserco.com APPENDIX D - Signatures
Hemet Police Department
Communications Recording Solution Upgrade or Implementation Document prepared for signature on February 24, 2022
We, the undersigned representatives of Hemet Police Department and Goserco, Inc. have read and understand this statement of work and the details contained herein. We agree to this Statement of Work as attached, the services to be provided as detailed in project scope detail, as well as the terms, conditions, specific responsibilities, provisions, and appendices:

Hemet Police Department Goserco, Inc.

Signature of authorized customer representative Signature of authorized Goserco, Inc. representative Printed Name Printed Name
Title Title
Date: (MM/DD/YYYY) Date: (MM/DD/YYYY)
Quote #011275 v1 Page 19 of 19

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Mar 22 2022
Department: Public Works
Submitted by: Christopher Lopez, City Manager
Steve Loriso, City Engineer;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Accepting $248,200 in SB 821, "Bicycle and Pedestrian Facilities Program" funding for the State Street Sidewalk Improvements, CIP 5728, direct the Finance Director to establish a supplement al appropriation of $248,200 into SB821 (Fund 223) and reduce the Measure "A" project budget from $300,000 to $82,733 (Fund 222), and Authorize the City Manager to Execute Agreement No. 22 -62-063-00 with the Riverside County Transportation Commission Substantially in the Form and Format Attached and in Such Final Form as Approved by the City Attorney

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California Acceptin g $248,200 in SB 821, "Bicycle and Pedestrian Facilities Program" funding for the State Street Sidewalk Improvements, CIP 5728, direct the Finance Director to establish a supplemental appropriation of $248,200 into SB821 (Fund 223) and reduce the Measure " A" project budget from $300,000 to $82,733 (Fund 222), and Authorize the City Manager to Execute Agreement No. 22 -62-063-00 with the Riverside County Transportation Commission Substantially in the Form and Format Attached and in Such Final Form as Approved by the City Attorney.

BACKGROUND:

SB 821, Bicycle and Pedestrian Facilities Program, is provided through the Transportation Development Act (TDA), funded through a ¼ cent of the general sales tax collected statewide. The TDA provides two significant fu nding sources for public transportation; the Local Transportation Fund (LTF) and the State Transit Assistance (STA). The LTF offers to fund for essential transit and commuter rail services, TDA Article 3/SB 821, and planning. Each year, two percent of the LTF revenue is made available on bicycle and pedestrian facility projects through the TDA Article 3/SB 821 program.

For the FY 21/22 program cycle, the City submitted one application, the State Street Sidewalk Improvements, as this is a project identifi ed on the FY 21/22 CIP list. Out of 35 total applications, 15

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projects were recommended for award to the Riverside County Transportation Commission (RCTC) on June 9, 2021. Of these 15 projects, Hemet's submittal was not selected.

In January 2022, RCTC staff contacted City staff to inquire if the City of Hemet was still interested in pursuing the State Street Sidewalk project as additional funds were made available. On February 9, 2022, RCTC approved additional project awards for FY 21/22 SB 821 Bicycle and Pedestrian Facilities, including $248,200 for the State Street Sidewalk Improvements.

ANALYSIS:

The State Street Sidewalk Improvements will construct sidewalks and driveways for southbound State Street between Esplanade Avenue and Crow’s Nest Place. In addition, one block on the northbound side of State Street and four (4) new ADA compliant access ra mps are proposed. The proposed sidewalks, curb ramps and driveways will tie into the existing sidewalks.

This project is identified in the FY 21/22 CIP, with budget established in Measure "A" fund (total of $300,000). When applying for the SB821 grant , we pledged a 25% match in funds for the project (utilizing Measure "A" funds). Now that the SB821 grant was approved, RCTC will provide $248,200, which is 75% of the total project cost (estimated at $330,933), which includes administration, design, construction management/inspection services, and construction.

The next step for this project is to enter into an agreement with RCTC to accept the project funds totaling $248,200 and to complete the project within 36 months of March 1, 2022.

As this project is identified in the FY 21/22 budget, staff will develop plans and specifications for this project and proceed to advertise. Once construction bids are received, City staff will bring the project back to City Council with a recommendation for awarding a construction contract.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

The acceptance of the SB 821 funding will allow the City to further enhance the visual appearance and safety of the community to make it attractive and reduce blight.

FISCAL IMPACT:

There is no General Fund impact related to this item.

The revenues and expenditures related to the project are as follows:

SB821 Grant portion will be housed in Fund 223 (74% of project cost) $248,200 Measure "A" funds needed to meet City match requirements (25% of project cost) $82,733
Measure A funds are already available for this project while the SB821 grant funds will be reimbursed to the City once the project is completed and a reimbursement request is submitted to RCTC.

REVIEWED BY LEGAL:

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☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement

ATTACHMENT(S):

Attachment 1 - Resolution-accepting SB 821-REVISED
Attachment 2: RCTC- Agreement No. 22-62-063-00- Hemet-State Street Project Agreement-c1 Attachment 3: SB 821-map

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CITY COUNCIL RESOLUTION NO. 2022-xxx

CITY OF HEMET
Hemet, California
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE

CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA,
ACCEPTING $248,200 IN SB
821 “BICYCLE AND

PEDESTRIAN FACILITIES
PROGRAM” FUNDING FOR

THE STATE STREET

SIDEWALK
IMPROVEMENTS, CIP 5728,

DIRECT THE FINANCE

DIRECTOR TO ESTABLISH A

SUPPLMEMENTAL

APPROPRIATION OF
$248,200 INTO SB821 (FUND
223) AND REDUCE THE
MEASURE “A’ PROJECT
BUDGET FROM $300,000 TO
$82,733 (FUND 222), AND

AUTHORIZE THE CITY

MANAGER TO EXECUTE
AGREEMENT NO. 22-62-063-
00 WITH RIVERSIDE

COUNTY TRANSPORTATION

COMMISSION IN

SUBSTANTIALLY THE FORM

AND FORMAT ATTACHED

AND IN SUCH FINAL FORM

AS APPROVED BY THE CITY

ATTORNEY
WHEREAS, the SB 821 “Bicycle and
Pedestrian Facilities Program” is provided through the
Transportation Development Act (TDA), funded
through a ¼ cent of the general sales tax collected
statewide; and

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CITY COUNCIL RESOLUTION NO. 2022-xxx
WHEREAS, the TDA provides two major
sources of funding for public transportation; the Local Transportation Fund (LTF) and the State Transit
Assistance (STA). The LTF provides funding for
essential rail services, TDA Article 3/SB 821, and
planning. Each year, two percent of the LTF revenue
is made available for use on bicycle and pedestrian
facility projects through the SB 821 program; and
WHEREAS, for FY 21/22, City Staff submitted
one application titled “State Street Sidewalk
Improvements”, which would provide for sidewalk and
driveway improvements for southbound State Street
between Esplanade Avenue and Crow’s Nest Place
and one block on the northbound side of State Street;
and
WHEREAS, on February 9, 2022, Riverside
County Transportation Commission (RCTC) approved
additional project awards for FY 21/22 SB 821 Bicycle
and Pedestrian Facilities, which included $248,200 for
the State Street Sidewalk Improvements; and
WHEREAS, staff recommends the City Council
accept $248,200 in SB 821, the “Bicycle and
Pedestrian Facilities Program”, funding for the State
Street Sidewalk Improvements, CIP 5728, direct the
Finance Director to establish a supplemental
appropriation of $248,200 into SB821 (Fund 223) and

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CITY COUNCIL RESOLUTION NO. 2022-xxx
reduce the Measure “A” project budget from $300,000
to $82,733 (Fund 222), and Authorize the City
Manager to execute Agreement No. 22-62-063-00
with RCTC in substantially the form and format
attached and in such final form as approved by the
City Attorney.

NOW, THEREFORE, THE CITY COUNCIL OF

THE CITY OF HEMET DOES HEREBY FIND AND
RESOLVE TO:

1. Accept $248,200 in SB 821, the
"Bicycle and Pedestrian Facilities
Program", funding for the State
Street Sidewalk Improvements, CIP
5728; and

2. Direct the Finance Director to
establish a supplemental
appropriation of $248,200 into
SB821 (Fund 223) and reduce the
Measure “A” project budget from
$300,000 to $82,733 (Fund 222);
and

3. Authorize the City Manager to
execute Agreement No. 22-62-063-
00 with the Riverside County
Transportation Commission in
substantially the form and format

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CITY COUNCIL RESOLUTION NO. 2022-xxx
attached and in such final form as
approved by the City Attorney.

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CITY COUNCIL RESOLUTION NO. 2022-xxx
PASSED, APPROVED AND ADOPTED this
22nd day of March 2022.
____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Maier, City Clerk

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CITY COUNCIL RESOLUTION NO. 2022-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Maier, City Clerk of the City of Hemet,
do hereby certify that the foregoing resolution was
adopted by the Hemet City Council on the 22 nd day of
March 2022, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
John Maier, City Clerk

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17336.00005\34820973.1

AGREEMENT No. 22-62-063-00

RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR FUNDING UNDER SB 821 BICYCLE AND

PEDESTRIAN FACILITIES PROGRAM

(Transportation Development Act Article 3; Senate Bill 821)

This Funding Agreement (“AGREEMENT”) is entered into as of ________________________, 2022 (“Effective Date”), by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“RCTC”) and the CITY OF HEMET (“RECIPIENT”). RCTC and RECIPIENT may be referred to herein individually as a “Party” and collectively as the “Parties.”

RECITALS

A. RCTC is a county transportation commission created and existing pursuant to California Public Utilities Code Sections 130053 and 130053.5.

B. Under RCTC’s SB 821 Bicycle and Pedestrian Facilities Program (“PROGRAM”), cities and counties in the County of Riverside are notified of the availability of PROGRAM funding and a call for projects (“CALL FOR PROJECTS”) is anticipated to be issued biennially by RCTC.

C. On February 1 st, 2021, a CALL FOR PROJECTS was published by RCTC seeking applications for FY 2021/22 PROGRAM funding, which applications were reviewed in accordance with the applicable evaluation criteria included in the CALL FOR PROJECTS.

D. Based on the application attached as Attachment 1 and incorporated herein by this reference, RECIPIENT has been selected to receive PROGRAM funding for its proposed State Street Sidewalk Improvements (“PROJECT”).

E. Funding for the PROJECT shall be provided pursuant to the terms contained in this AGREEMENT and pursuant to applicable PROGRAM policies adopted by RCTC, which are attached hereto and incorporated herein as Attachment 2.

NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants and consideration contained herein, the Parties mutually agree as follows:

1. Incorporation of Recitals. The Parties acknowledge and agree that the above recitals are true and correct, and hereby incorporate those recitals by this reference into the AGREEMENT.

2. RCTC Funding Amount. RCTC hereby agrees to distribute to the RECIPIENT, on the terms and conditions set forth herein, a sum not to exceed Two Hundred Forty-Eight Thousand Two Hundred Dollars ($248,200), to be used exclusively for reimbursing the RECIPIENT for eligible expenses as described herein (“FUNDING AMOUNT”). RECIPIENT

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acknowledges and agrees that the FUNDING AMOUNT may be less than the actual and final cost of the PROJECT, which final costs are the sole responsibility of RECIPIENT, and RCTC will not contribute PROGRAM funds in excess of the maximum authorized in this Section 2 unless otherwise mutually agreed to in writing by the PARTIES. In the event the FUNDING AMOUNT is not fully utilized by RECIPIENT for the PROJECT, the unused FUNDING AMOUNT must be returned to RCTC within ninety (90) ninety days of a written request by RCTC unless RECIPIENT can demonstrate in writing, subject to written approval by RCTC in its sole discretion, the following: (i) valid reason for why PROJECT costs were significantly lower than the estimate included in RECIPIENT’s attached application for funding, and (ii) written proposal for how any unused FUNDING AMOUNT will be used for a proposal to support the PROJECT or other use that supports the goals and requirements of the PROGRAM.

2.1 Eligible Project Costs. Reimbursement for PROJECT costs (“REIMBURSEMENT”) may only include those items expressly allowed for under Article 3 of the Transportation Development Act (California Public Utilities Code section 99200 et seq .), which provides that funding shall be allocated for the construction, including related engineering expenses, of facilities based on the PROGRAM policies adopted by RCTC, provided that such items are included in the scope of work included in the application, attached as Attachment 1 (“SCOPE OF WORK”). All PROJECT costs not included in the SCOPE OF WORK and not expressly permitted under Article 3 of the Transportation Development Act and the PROGRAM policies shall be considered ineligible for REIMBURSEMENT. In the event the SCOPE OF WORK needs to be amended, RECIPIENT shall submit a letter requesting such amendment, the reasons for the requested change and confirmation that costs associated with the proposed amendment are eligible for PROGRAM reimbursement for written approval by RCTC, which approval is subject to RCTC’s discretion.

In the event of any ambiguity between this AGREEMENT, PROGRAM policies, and applicable law, the following order of precedence will govern: (1) Applicable law; (2) PROGRAM policies; (3) this AGREEMENT. In the case of any conflict between this Agreement and any of its attachments, the body of this Agreement shall govern.

2.2 Timing for Project Completion. In accordance with the PROGRAM policies attached hereto as Attachment 2, RECIPIENT has thirty six (36) months to complete the PROJECT from March 1, 2022, unless otherwise agreed to in writing by the PARTIES. If the PROJECT is not completed within thirty six (36) months, RCTC shall have the sole discretion to delete the PROJECT from the PROGRAM and reprogram the funding for future approved PROGRAM projects. RECIPIENT will not be reimbursed until the PROJECT is accepted as complete in writing by RCTC following the submission of the PROGRAM funding claim form (“CLAIM FORM”) attached hereto and incorporated herein as Attachment 3. In the event additional time is needed for the completion of the PROJECT, RECIPIENT may submit a letter to RCTC requesting an extension of time to complete the PROJECT with an explanation of why the PROJECT cannot be completed under the existing schedule for completion included as Attachment 1, attached hereto and incorporated herein. Before and after PROJECT photographs must be included with the CLAIM FORM upon PROJECT completion, as well as copies of paid invoices and any other backup requested for repayment and audit purposes.

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2.3 Increases in Project Funding. The FUNDING AMOUNT may, at RCTC’s sole discretion, be augmented with additional PROGRAM funds and local agency match funds proportionate to the amounts included in Section 3 if there is a FUNDING AMOUNT balance and the RECIPIENT provides justification as to the reason for the funding increase. Any such increase in the FUNDING AMOUNT must be approved in writing by RCTC’s Executive Director and RCTC shall be under no obligation whatsoever to approve any increase in the FUNDING AMOUNT. No such increased funding shall be expended to pay for any PROJECT work already completed.

2.4 Cost Savings. In the event that bids or proposals for the PROJECT are lower than anticipated, or there are cost savings for any other reason, the FUNDING AMOUNT shall be reduced through an amendment to the AGREEMENT mutually agreed to in writing by the Parties. RECIPIENT shall inform RCTC of any cost savings and any cost savings shall be returned to RCTC or may be reprogrammed with written approval by RCTC for other RECIPIENT projects that align with the PROGRAM. No PROGRAM funding may be used for projects not approved by RCTC. If RECIPIENT provides a local match commitment and there are cost savings on the PROJECT, RCTC will still be reimbursed at the matching ratio as presented in the Project application despite such cost savings in accordance with PROGRAM policies.

2.5 No Funding for Temporary Improvements. Only segments or components of the PROJECT that are intended to form part of or be integrated into the PROJECT may be funded by PROGRAM funds. No improvement(s) which is/are temporary in nature, including but not limited to temporary lanes, curbs, or drainage facilities, shall be funded with PROGRAM funds except as needed for staged construction of the PROJECT.

2.6 Review and Reimbursement by RCTC. Upon receipt of the final detailed invoice from the RECIPIENT clearly documenting work completed and corresponding costs, RCTC may request additional documentation or explanation of the SCOPE OF WORK costs for which reimbursement is sought. Undisputed amounts shall be paid by RCTC to the RECIPIENT within thirty (30) days. In the event that RCTC disputes the eligibility of the RECIPIENT for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. Additional details concerning the procedure for the RECIPIENT’s submittal of invoices to RCTC and RCTC’s consideration and payment of submitted invoices are set forth in Attachment 3.

2.7 Recipient’s Funding Obligation to Complete the Work. In the event that the PROGRAM funds allocated to the SCOPE OF WORK represent less than the total cost of the PROJECT, RECIPIENT shall be solely responsible for providing such additional funds as may be required to complete the PROJECT. RCTC has no obligation with respect to the safety of any SCOPE OF WORK performed at a PROJECT site. Further, RCTC shall not be liable for any action of RECIPIENT or its contractors relating to the condemnation of property undertaken by RECIPIENT or construction related to the PROJECT.

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2.8 Recipient’s Obligation to Repay Program Funds to RCTC. In the event it is determined, whether through a post-completion audit or otherwise, the PROJECT was not completed in accordance with the PROGRAM requirements or this AGREEMENT, RECIPIENT agrees that any PROGRAM funds distributed to RECIPIENT for the PROJECT shall be repaid in full to RCTC. The Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism which may include, but is not limited to, withholding of Measure A Local Streets and Roads revenues, if applicable. RECIPIENT acknowledges and agrees that RCTC shall have the right to withhold any Measure A Local Streets and Roads revenues due to RECIPIENT, in an amount not to exceed the total of the PROGRAM funds distributed to RECIPIENT, and/or initiate legal action to compel repayment, if the RECIPIENT fails to repay RCTC within a reasonable time period not to exceed one hundred eighty (180) days, including any good faith negotiations, from receipt of written notification from RCTC that repayment is required due to failure to comply with the PROGRAM policies or this AGREEMENT.

2.9 Records Retention and Audits. RECIPIENT shall retain all PROJECT records in an organized manner for a minimum of three (3) years following completion of the PROJECT. PROJECT records shall be made available for inspection by RCTC upon request. If a post PROJECT audit or review indicates that RCTC has provided reimbursement to the RECIPIENT in an amount in excess of the maximum PROGRAM provided for in this Section 2, or has provided reimbursement of ineligible PROJECT costs, the RECIPIENT shall reimburse RCTC for the excess or ineligible payments within thirty (30) days of notification by RCTC.

This Section 2.9 does not supersede any rights or remedies provided to RCTC under Section 2.8 or applicable law.

3. Recipient’s Local Match Contribution. RECIPIENT shall provide at least Eighty-Two Thousand Seven Hundred Thirty-Three Dollars (82,733) of funding toward the SCOPE OF WORK, as indicated in RECIPIENT’S application attached as Attachment 1 and submitted to RCTC in response to its CALL FOR PROJECTS. RECIPIENT costs related to (i) preparation and administration costs related to invoices, billings and payments; (ii) any RECIPIENT fees attributed to the processing of the SCOPE OF WORK; and (iii) expenses for items not included within the attached SCOPE OF WORK shall be borne solely by the RECIPIENT and shall not qualify towards RECIPIENT’s local match requirement in this Section 3.

4. Term: The term of this AGREEMENT shall be from the date first herein above written until:
(i) the date RCTC formally accepts the PROJECT as complete, pursuant to Section 2.2; (ii) termination of this AGREEMENT pursuant to Section 14; or (iii) RECIPIENT has fully satisfied its obligations under this AGREEMENT. All applicable indemnification and insurance provisions of this AGREEMENT shall remain in effect following the termination of this AGREEMENT.

5. Recipient Responsibilities. RECIPIENT shall be responsible for all aspects of the PROJECT, in compliance with all applicable state and federal laws, including: (i) development and approval of plans, specifications and engineer’s estimate in accordance with all applicable laws, regulations and building codes; obtaining any necessary

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environmental clearances; right of way acquisition; and, obtaining all permits required by impacted agencies prior to commencement of the PROJECT; (ii) all aspects of procurement, contracting, and administration of the contracts and claims for the PROJECT; (iii) all construction management of any construction activities undertaken in connection with the PROJECT, including surveying and materials testing; and, (iv) development of a budget for the PROJECT and SCOPE OF WORK prior to award of any contract for the PROJECT, taking into consideration available funding, including PROGRAM funds.

6. Indemnification. RECIPIENT shall defend, indemnify and hold RCTC, its officials, governing board members, officers, employees, agents, and consultants free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property, persons or government funding agency, including wrongful death, to the extent arising out of or incident to any intentional or negligent acts, errors or omissions of the RECIPIENT, its officials, officers, employees, agents, and consultants related to a breach of this AGREEMENT or any act or omission arising out of the activities governed by this AGREEMENT. RECIPIENT’S obligation to indemnify includes without limitation the payment of all consequential damages and reasonable attorneys’ fees, expert witness fees and other related costs and expenses of defense. RECIPIENT shall defend, at its own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against RCTC, its officials, officers, employees, agents, and consultants in connection with this AGREEMENT. RECIPIENT shall pay and satisfy any judgment, award or decree that may be rendered against RCTC, its officials, officers, employees, agents, and consultants in any such suits, actions or other legal proceedings, including any settlement.

RECIPIENT’s obligation to indemnify shall not be restricted to insurance proceeds.

7. Expenditure of Funds by Recipient Prior to Execution of Agreement. RECIPIENT may commence the Project starting March 1, 2022, and costs incurred following such date will be eligible for reimbursement under this AGREEMENT, provided they otherwise meet the requirements herein, and provided that this AGREEMENT is executed no later than June 1, 2022.

8. Compliance with Applicable Laws and Insurance. RECIPIENT agrees to comply with all applicable laws and regulations, including public contracting laws, requirements for any local state or federal funding used, and records retention and performance reporting requirements concerning the SCOPE OF WORK and PROJECT, which applicable laws and regulations shall be passed on to contractors by RECIPIENT as applicable. RECIPIENT shall have the responsibility of making sure the appropriate amounts of insurance are included in all applicable agreements for the construction of the PROJECT and RCTC shall be named as an Additional Insured on all insurance certificates obtained for the completion of the PROJECT.

PROJECT insurance funds shall be looked to first for the repayment of any claims determined to have merit.

9. Representatives of the Parties. RCTC’s Executive Director, or his or her designee, shall serve as RCTC’s representative and shall have the authority to act on behalf of RCTC for all purposes under this AGREEMENT. RECIPIENT’s representative shall be the individual

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identified in the Project application as RECIPIENT’S representative to RCTC.

RECIPIENT’S representative, or designee, shall have the authority to act on behalf of RECIPIENT for all purposes under this AGREEMENT and shall coordinate all activities with RCTC concerning the SCOPE OF WORK under the RECIPIENT’s responsibility.

RECIPIENT shall work closely and cooperate fully with RCTC’s representative and any other agencies which may have jurisdiction over or an interest in the PROJECT.

10. Monitoring of Progress by RCTC. RECIPIENT shall allow RCTC’s designated representative, or designee, to inspect or review the progress of the work at any reasonable time with prior written notice by RCTC. RCTC may request that the RECIPIENT provide RCTC with progress reports concerning the status of the SCOPE OF WORK and PROJECT completion.

11. Binding on Successors in Interest. Each and every provision of this AGREEMENT shall be binding and inure to the benefit of the successors in interest of the Parties. Due to the specific obligations contemplated herein, this AGREEMENT may not be assigned by any Party hereto except with the prior written consent of the other Party.

12. Independent Contractors. Any person or entities retained by RECIPIENT or any contractor shall be retained on an independent contractor basis and shall not be employees of RCTC.

Any personnel performing services on the PROJECT shall at all times be under the exclusive direction and control of the RECIPIENT or contractor, whichever is applicable. The RECIPIENT or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the SCOPE OF WORK and as required by law. The RECIPIENT or contractor shall be responsible for all reports and obligations concerning such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers’ compensation insurance.

13. Conflicts of Interest. For the term of this AGREEMENT, no member, officer or employee of RECIPIENT or RCTC, during the term of his or her service with RECIPIENT or RCTC, as the case may be, shall have any direct interest in this AGREEMENT, or obtain any present or anticipated material benefit arising therefrom.

14. Termination. This AGREEMENT may be terminated for cause or convenience as further specified below.

14.1 Termination for Convenience. Either RCTC or RECIPIENT may, by written notice to the other party, terminate this AGREEMENT, in whole or in part, for convenience by giving thirty (30) days' written notice to the other party of such termination and specifying the effective date thereof.

14.2 Effect of Termination for Convenience. In the event that RECIPIENT terminates this AGREEMENT for convenience, RECIPIENT shall, within one hundred eighty (180) days, repay to RCTC in full all PROGRAM funds provided to RECIPIENT under this AGREEMENT. In the event that RCTC terminates this AGREEMENT for convenience, RCTC shall, within 90 days, distribute to the RECIPIENT PROGRAM funds in an amount equal to the

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aggregate total of all unpaid invoices which have been received from RECIPIENT regarding the SCOPE OF WORK for the PROJECT at the time of the notice of termination; provided, however, that RCTC shall be entitled to exercise its rights under Section 2.6, including but not limited to conducting a review of the invoices and requesting additional information from RECIPIENT. This AGREEMENT shall terminate upon receipt by the non-terminating party of the amounts due it under this Section 14.

14.3 Termination for Cause. Either RCTC or RECIPIENT may, by written notice to the other party, terminate this AGREEMENT, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other Party of such termination and specifying the effective date thereof. The written notice shall provide a thirty (30) day period to cure any alleged breach. During the thirty (30) day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured.

14.4 Effect of Termination for Cause. In the event that RECIPIENT terminates this AGREEMENT in response to RCTC's uncured material breach hereof, RCTC shall, within ninety (90) days, distribute to the RECIPIENT PROGRAM funds in an amount equal to the aggregate total of all unpaid invoices which have been received from RECIPIENT regarding the SCOPE OF WORK for the PROJECT at the time of the notice of termination. In the event that RCTC terminates this AGREEMENT in response to the RECIPIENT's uncured material breach hereof, the RECIPIENT shall, within one hundred eighty (180) days, repay to RCTC in full all PROGRAM funds provided to RECIPIENT under this AGREEMENT. Notwithstanding termination of this AGREEMENT by RCTC pursuant to this Section 14.4, RCTC shall be entitled to exercise its rights under Section 2.6, including but not limited to conducting a review of the invoices and requesting additional information. This AGREEMENT shall terminate upon receipt by the terminating Party of the amounts due it under this Section 14.4.

14.5 No Program Funding. In the event that RCTC determines there are inadequate PROGRAM funds for whatever reason, RCTC shall have the ability to immediately terminate the AGREEMENT with written notice to RECIPIENT. In the event that RCTC terminates this AGREEMENT under this Section 14.5, RCTC shall, within ninety (90) days, distribute to the RECIPIENT PROGRAM funds in an amount equal to the aggregate total of all unpaid invoices which have been received from RECIPIENT regarding the SCOPE OF WORK for the PROJECT at the time of the notice of termination; provided, however, that RCTC shall be entitled to exercise its rights under Section 2.6, including but not limited to conducting a review of the invoices and requesting additional information from RECIPIENT.

14.6 Cumulative Remedies. The rights and remedies of the Parties provided in this Section 14 are in addition to any other rights and remedies provided by law or under this AGREEMENT.

15. Notice. All notices hereunder shall be in writing and shall be effective upon receipt by the other Party. All notices and communications, including invoices, between the Parties to this AGREEMENT shall be addressed as set forth below and provided by any of the following methods (i) personally delivered; (ii) sent by electronic mail, with a subject line clearly identifying this AGREEMENT, read receipt requested, and a cc: provided to the identified

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staff; (iii) sent by first-class mail, return receipt requested; or (iv) sent by overnight express delivery service with postage or other charges fully prepaid. Notwithstanding the foregoing, notices of dispute or termination sent by electronic mail must be followed by hard copy mailed notice to be effective.

TO RCTC: TO RECIPIENT:

Anne Mayer
Executive Director
RCTC
4080 Lemon Street, 3rd Floor
Riverside, California 92501
Phone: (951) 787-7141
e-mail: [email protected]

cc: [email protected]

Christopher Lopez
City Manager
Hemet
445 E Florida Avenue
Hemet, CA 92543
(951) 765-2301
[email protected]
Any party may update its address and contact information by providing written notice of the new information to the other Parties in accordance with this Section 15.

16. Prevailing Wages. RECIPIENT and any other person or entity hired to perform services on the SCOPE OF WORK are alerted to the requirements of California Labor Code Sections 1770 et seq., which require the payment of prevailing wages where the SCOPE OF WORK or any portion thereof is determined to be a “public work,” as defined therein. RECIPIENT shall ensure compliance with applicable prevailing wage requirements by any person or entity hired to perform the SCOPE OF WORK or any portion thereof falling within the definition of “public work.” RECIPIENT shall defend, indemnify, and hold harmless RCTC, its officers, employees, consultants, and agents from any claim or liability, including without limitation reasonable attorneys’ fees, arising from any failure or alleged failure to comply with California Labor Code Sections 1770 et seq. on the PROJECT.

17. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sexual orientation, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

18. Entire Agreement. This AGREEMENT embodies the entire understanding and agreement between the Parties pertaining to the matters described herein and supersedes and cancels all prior oral or written agreements between the Parties with respect to these matters. Each Party acknowledges that no Party, agent or representative of the other Party has made any promise, representation or warranty, express or implied, not expressly contained in this AGREEMENT, that induced the other Party to sign this document. Modifications to this AGREEMENT shall be in the form of a written amendment executed by authorized representatives of the Parties to be bound.

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19. Governing Law and Severability. This AGREEMENT shall be governed by, and be construed in accordance with, the laws of the State of California. If any portion of this AGREEMENT is found to be unenforceable by a court of law with appropriate jurisdiction, the remainder of the AGREEMENT shall be severable and survive as binding on the Parties.

20. Attorneys’ Fees. If any legal action is initiated for the enforcement/interpretation of this AGREEMENT, or because of any alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this AGREEMENT, the successful or prevailing party shall be entitled to recover reasonable attorneys’ fees, witness fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled as determined by a court of law or appointed decider under alternative legal proceedings.

21. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

22. Section Headings and Interpretation. The section headings contained herein are for convenience only and shall not affect in any way the interpretation of any of the provisions contained herein. The AGREEMENT shall not be interpreted as being drafted by any Party or its counsel.

23. No Waiver. Failure of RCTC to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions in this AGREEMENT shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power provided under applicable law.

24. Time of Essence. Time is of the essence for each and every provision of this AGREEMENT.

25. Counterparts. This AGREEMENT may be executed in any number of counterparts, each of which shall be deemed to be an original, but all which together will constitute but one agreement.

26. Form of Signatures. A manually signed copy of this Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes. This Agreement may be signed using an electronic signature.

[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE
TO
AGREEMENT NO. 22-62-063-00

RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR FUNDING UNDER SB 821 BICYCLE AND PEDESTRIAN

FACILITIES PROGRAM

IN WITNESS WHEREOF, the Parties have caused this AGREEMENT to be signed by their duly authorized representatives as of the Effective Date.

RCTC

By:____________________________

Name: _____Anne Mayer__________

Title: ______Executive Director_____

RECIPIENT

CITY OF HEMET

By:____________________________

Name: _________________________

Title: __________________________

APPROVED AS TO FORM

Best Best & Krieger LLP

By: _________________________

Title: General Counsel

APPROVED AS TO FORM

By: _____________________________

Name: ___________________________

Title: ____________________________

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Attachment 1

ATTACHMENT 1

(RECIPIENT APPLICATION FOR FUNDING)

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Attachment 2

ATTACHMENT 2

(PROGRAM POLICIES)

RIVERSIDE COUNTY TRANSPORTATION COMMISSION
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 BICYCLE

AND PEDESTRIAN FACILITIES PROGRAM ADOPTED POLICIES

Transportation Development Act Policies

1. Up to five (5) percent of Article 3 apportionment can be used to supplement other funding sources used for bicycle and safety education programs; the allocation cannot be used to fully fund the salary of a person working on these programs.

2. Article 3 money shall be allocated for the construction, including related engineering expenses, of the facilities, or for bicycle safety education programs.

3. Money may be allocated for the maintenance of bicycling trails, which are closed to motorized traffic.

4. Facilities provided for the use of bicycles may include projects that serve the needs of commuting bicyclists, including, but not limited to, new trails serving major transportation corridors, secure bicycle parking at employment centers, park and ride lots, and transit terminals where other funds are available.

5. Within thirty (30) days after receiving a request for a review from any city or county, the transportation-planning agency shall review its allocations.

6. Up to twenty (20) percent of the amount available each year to a city or county may be allocated to restripe Class II bicycle lanes.

7. A portion of each city’s allocation may also be used to develop comprehensive bicycle and pedestrian plans. Plans must emphasize bike/pedestrian facilities that support utilitarian bike/pedestrian travel rather than solely recreational activities; a maximum of one entire allocation per five years may be used for plan development.

8. Allowable maintenance activities for the local funds are limited to maintenance and repairs of Class I off-street bicycle facilities only.

RCTC Policies

1. The SB 821 Call for Projects will occur on a biennial basis, with a release date of the first Monday of every other February and a close date of the last Thursday of every other April, beginning in 2015.

2. If a project cannot be fully funded, RCTC may recommend partial funding for award. To handle tiebreakers, RCTC will use, in terms of priority, the safety

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Attachment 2

question first then construction readiness.

3. Agencies awarded funds will not be reimbursed for any project cost overruns.

4. Agencies being awarded an allocation will be reimbursed in arrears only upon submitting adequate proof of satisfactory project completion. Claims need to include: the claim form, copies of paid invoices, a copy of the Notice of Completion (NOC), and photographs of the completed project.

5. The allocated amount represents the maximum amount eligible for reimbursement.

For projects completed under the allocated amount, the agency will be reimbursed at the matching ratio as presented in the application.

6. An agency will have thirty-six (36) months from the time of the allocation to complete the project. There will be no time extensions granted unless the reason for the delay can be demonstrated. Where substantial progress or a compelling reason for delay can be shown, the agency may be granted administrative extensions in twelve-month increments at the discretion of the Executive Director.

7. Any programmed and unused Article 3 Program funds will be forfeited unless that agency can a) utilize the unused funds to complete projects that are the same or similar in scope and/or are contiguous to the approved project or b) apply the funds to a project previously submitted under an Article 3 call for projects and approved by the Commission, subject to Executive Director approval.

8. Design and construction of facilities must conform to the general design criteria for non-motorized facilities as outlined in the Caltrans Highway Design Manual.

9. Temporary facilities, projects in the bid process, or projects that are under construction will not be funded.

10. The SB 821 evaluation committee will be comprised of a minimum of five evaluators representing a wide range of interests; such as: accessibility, bicycling, Coachella Valley, public transit, and the region. Staff, consultants, and other representatives from agencies submitting project proposals will not be eligible to participate on the evaluation committee that year.

11. Following each call, staff will monitor the equity of allocations to Coachella Valley versus Western Riverside County; the allocation should be relative to what the Coachella Valley’s share would have been if distributed on a per capita basis (the percentage of funds applied for should also be taken into consideration). If the allocation is often found to be inequitable to the Coachella Valley, staff will recommend adoption of a new policy to correct the imbalance.

12. Certain costs at times associated with bicycle/pedestrian projects are not eligible when the benefit provided is not the exclusive use of bicyclists/pedestrians, such as: curb and gutter as part of roadway drainage system, driveway ramps installed across sidewalks, and where roadway design standards require a roadway shoulder width that is at least as wide as a standard bike lane.

13. For each Call for Projects, a city is eligible to submit up to three (3) applications, and

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Attachment 2

the County of Riverside is eligible to submit up to two (2) applications per Supervisorial District.

14. Each application is limited to a maximum request of 10% of the current Call for Projects programming capacity.

15. Total award to one jurisdiction is limited to twenty (20) percent of current Call for Project’s programming capacity.

16. Awarded agencies can commence reimbursable project activities on March 1 of the Call for Project fiscal year cycle. E.g.: for FY 21/22 Call for Projects, reimbursable work starts on March 1, 2022.

17. Awarded agencies have until June 1 of the Call for Project fiscal year cycle to execute the Memorandum of Understanding (MOU) with RCTC. E.g.: for FY 21/22 Call for Projects, MOUs must be executed by June 1, 2022.

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Attachment 3

ATTACHMENT 3
TDA ARTICLE 3 BICYCLE AND PEDESTRIAN FACILITIES

NON-TRANSIT CLAIM FORM

CLAIMANT: _________________________________________________ COUNTY: _Riverside__ ADDRESS: ___________________________________________________________________ CONTACT PERSON: TITLE: _____________________________ I verify that the information on this Claim Form is true and accurate to the best of my knowledge.

Signed: Date: ________________________

PROJECT NAME: ______________________________________________________________

PROJECT AWARDED IN FY:

START DATE (Mo/Yr): _____________________________________

COMPLETED DATE (Mo/Yr): ________________________________

TDA ARTICLE 3 REVENUES AND EXPENSES OF CLAIMANT:

Total Project Cost $_______________________ ( 100 % ) Local Match Spent: $_______________________ ( %) SB 821 Funds Spent: $_______________________ ( %) Breakdown of Project Cost (must add up to “Total Project Cost” above):

Administration $___________________
PA/ED $___________________
PS&E $___________________
Right-of-Way $___________________
Construction $___________________
Other (specify): ____________________________ $___________________ Other (specify): ____________________________ $___________________ Supporting Document Checklist:
o Notice of Completion
o Before and After pictures of project site
o Paid Invoices

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Attachment 3

ASSURANCE OF MAINTENANCE
SB 821 SIDEWALK/BIKEWAY FACILITIES

WHEREAS, THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION HAS

ALLOCATED $_____________ TO THE CITY/COUNTY OF __________________________

FOR THE IMPROVEMENT OF THE _______________________________________________

SIDEWALK/BIKEWAY PROJECT; AND,

WHEREAS, THIS INVESTMENT OF PUBLIC FUNDS CAN BE FULLY REALIZED IF

THIS FACILITY IS MAINTAINED TO ADEQUATE OPERATING STANDARDS FOR USE BY

COMMUTER AND RECREATIONAL PEDESTRIANS/BICYCLISTS;

THEREFORE, THE CITY/COUNTY OF ______________________________ ASSURES

THAT THIS FACILITY WILL BE MAINTAINED AT ADEQUATE OPERATING STANDARDS.

SIGNED:______________________________

TITLE:_______________________________

DATE:_______________________________

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