Indio City Council
February 5, 2025

Approval of the water improvement agreement and acceptance of the perfor... Page 161 of 264 PHILADELPHIAINDEMNITYINSURANCECOMPANYOneBalaPlaza,SuiteIOOBalaCynwyd,PA19004-0950PowerofAttorneyKNOWALLPERSONSBYTHESEPRESENTS:ThatPHILADELPHIAINDEMNITYINSURANCECOMPANY(theCompany),acorporationorganizedandexistingunderthelawsoftheCommonwealthofPennsylvania,doesherebyconstituteandappointNoahWilliamPierce,CatherineThompson,AmyR.Waugh,JynellMarieWhitehead,&EganM.Canesehi,ofWillisofNC,Inc.oftheCityofgharlotteintheStateofNorthCarolina,itstrueandlawfulAttorney-in-factwithfullauthoritytoexecuteonitsbehalfbonds,undertakings,recognizancesandothercontractsofindemnityandwritingsobligatoryinthenaturethereof,issuedinthecourseofitsbusinessandtobindtheCompanythereby,inanamountnottoexceed$50,000,000.00.ThisPowerofAttorneyisgrantedandissignedandsealedbyfacsimileunderandbytheauthorityofthefollowingResolutionadoptedbytheBoardofDirectorsofPHILADELPHIAINDEMNITYINSURANCECOMPANYonthe14‘hofNovember2016.RESOLVED:ThattheBoardofDirectorsherebyauthorizesthePresidentoranyVicePresidentoftheCompany:(l)AppointAttorney(s)inFactandauthorizetheAttorney(s)inFacttoexecuteonbehalfoftheCompanybondsandundertakings,contractsofindemnityandotherwritingsobligatoryinthenaturethereofandtoattachthesealoftheCompanythereto;and(2)toremove,atanytime.anysuchAttomey-in-Factandrevoketheauthoritygiven.And,beitFURTHERRESOLVED:Thatthesignaturesofsuchof?cersandthesealoftheCompanymaybeaf?xedtoanysuchPowerofAttorneyorcerti?caterelatingtheretobyfacsimile,andanysuchPowerofAttorneysoexecutedandcerti?edbyfacsimilesignaturesandfacsimilesealshallbevalidandbindingupontheCompanyinthefuturewithrespecttoanybondorundertakingtowhichitisattached.INTESTIMONYWHEREOF,PHILADELPHIAINDEMNITYINSURANCECOMPANYHASCAUSEDTHISINSTRUMENTTOBESIGNEDANDITSCORPORATESEALTOBEAFFIXEDBYITSAUTHORIZEDOFFICETHIS5THDAYOFOCTOBER2024. 000%.“w...“-“'"h...r.earl.‘'o,‘7 a.-“V,v‘i‘J’;e,19.27'34.~“’1“:J“:.,3"$2,571“"-1);“.‘.. '(Seal)""uuuul‘ IohGlomb,Pmident&CEOPhiladelphiaIndemnityInsuranceCompanyOnthis5‘hdayofOctober,2024beforemecametheindividualwhoexecutedtheprecedinginstrument,tomepersonallyknown,andbeingbymedulyswornsaidthatheisthethereindescribedandauthorizedof?cerofthePHILADELPHIAINDEMNITYINSURANCECOMPANY;thatthesealaf?xedtosaidinstrumentistheCorporatesealofsaidCompany;thatthesaidCorporateSealandhissignatureweredulyaffixed.NotaryPublic: .CommonwealthofPennsylvania~NotarySet! VW“’deVanessaMokenzie.NotaryPublicDurmeountyMycommissionexpiresNmmbor3.2028'Commissionnombor1388394Mouton.PennsylvaniaAssoctztronorHoratio:residingat: Linwood,PAMycommissionexpires:November3.2028I,EdwardSayago,CorporateSecretaryofPHILADELPHIAINDEMNITYINSURANCECOMPANY ,doherebycertifythattheforegoingresolutionoftheBoardofDirectorsandthePowerofAttorneyissuedpursuanttheretoonthe5‘hdayOctober2024aretrueandcorrectandarestillinfullforceandeffect.IdofurthercertifythatJohnGlomb,whoexecutedthePowerofAttorneyasPresident,wasonthedateofexecutionoftheattachedPowerofAttorneythedulyelectedPresidentofPHILADELPHIAINDEMNFIYINSURANCECOMPANY .InTestimonyWhereoflhavesubscribedmynameandaf?xedthefacsimilesealofeachCompanythis4thdayofNovember,2024.219975"EdwardSayago,CorporateSecretaryPHILADELPHIAINDEMNITYINSURANCECOMPANY

Approval of the water improvement agreement and acceptance of the perfor... Page 162 of 264 City of Indio
Indio Housing Authority Board
February 5, 2025

STAFF REPORT

To: Indio Housing Authority Board
From: Bryan Montgomery, Executive Director
Prepared by: Brian Halvorson, Dir. Of Community Development Subject: of Memorandum a execute to Executive the Authorizing Director Understanding with Coachella Valley Association of Governments (CVAG) for the CV Housing First Program.

RECOMMENDATION:

City Council authorize the Executive Director to execute the Memorandum of Understanding with Coachella Valley Association of Governments (CVAG) for the CV Housing First Program Fiscal Year 2024/2025.

SUMMARY:

As outlined in the MOU, the Coachella Valley Association of Governments (CVAG) will provide a number of key services to assist unsheltered individuals in the City of Indio.

BACKGROUND INFORMATION:

CVAG provides services to unhoused individuals and families in the Coachella Valley and, more specifically, in the City of Indio who are experiencing homelessness. CVAG works with the City's Quality of Life Team and other public health agencies that provide homeless services.

As part of the Housing First Program, CVAG provides outreach to clients, making connections to housing solutions (including rapid resolution and crisis stabilization units). These primary methods, such as rapid resolution, are urgent solutions that staff use to help overcome the barriers individuals experience when securing housing.

Additional services include identifying appropriate paperwork to qualify for benefits, such as housing, medical, mental health, substance abuse, and employment. The Crisis Stabilization Unit connects many individuals to housing, including apartments and hotel rooms where clients can stay for a designated number of days while they work to find more permanent housing.

The City of Indio has participated in the CV Housing First Program for the previous two fiscal year, contributing $100,000 annually. As proposed herein, the MOU would commit funding from the City to CVAG's Housing First Program for Fiscal Year 2024-2025, which has been allocated to the current year's budget. A key component of the MOU is a quarterly report of the services provided in Indio.

FINANCIAL SUMMARY:

AGENDA ITEM #10.7
Indio Housing Authority: Authorizing the Executive Director to execute a... Page 163 of 264 Current FY Financial
Impact:
100,000.00 In current year budget: Yes
Current FY General
Fund Impact:

Budget adjustment: No
Next FY Financial
Impact:

Strategic Objective: Community Outreach
Source of funds: Fund-Org-Object
Reference:
101190-540006

ALTERNATIVES:

1.) Not approve the MOU.

2.) Modify terms of the MOU.

ATTACHMENTS:

Attachment 1-MOU Housing First Program

APPROVAL(S):

Brian Halvorson, Dir. Of Community Development Approved - 24 Jan 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 28 Jan 2025 Ruby D. Walla, Director of Finance Approved - 29 Jan 2025 Bryan H. Montgomery, City Manager Approved - 30 Jan 2025

Indio Housing Authority: Authorizing the Executive Director to execute a... Page 164 of 264 1 MEMORANDUM OF UNDERSTANDING

BETWEEN

INDIO HOUSING AUTHORITY
AND

COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS

This Memorandum of Understanding (the “Memorandum”) is made by and between the AUTHORITY OF INDIO HOUSING AUTHORITY (“Authority”) and the COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (“CVAG”), as of February 5, 2025, with respect to the following:

RECITALS

WHEREAS, the Authority is interested in providing food, emergency shelter and outreach to those in need and, in that regard would like to support the CVAG homelessness program; and

WHEREAS, the Authority has been supporting C VAG’s C V Housing First program as a regional solution for homeless individuals; and

WHEREAS, CVAG agrees to use the Authority funding for the CV Housing Fi rst program to provide case management and outreach services to homeless individuals in the Coachella Valley;

NOW, THEREFORE, the Authority and CVAG agree to the following:

1.0 TERM OF MEMORANDUM. The term of this Memorandum shall expire on June 30, 2025.

2.0 OBLIATIONS OF THE PARTIES.

2.1 CVAG shall provide the services set forth in Exhibit A attached hereto and incorporated herein by this reference ( “Scope of Services ”). CVAG shall deliver to the Authority quarterly reports detailing the CV Housing First program metrics as set forth in Exhibit B attached hereto and incorporated by this reference ( “Quarterly Reports ”). CVAG shall comply with any and all federal, state and local laws and regulations applicable to CVAG, the Scope of Services, and the use of the Authority Funds (as defined in Section 2.2 below) and the use of any other public moneys (collectively, the “Compliance Requirements”).

2.2 The Authority will provide financial support of One Hundred Thousand Dollars ($100,000) for fiscal year 2024-2025 to CVAG. Provided CVAG complies with its obligations under this Memorandum, the Authority shall disburse the Authority Funds no later than December 31
st each fiscal year. All Authority

Indio Housing Authority: Authorizing the Executive Director to execute a... Page 165 of 264 2 Funds shall be used by CVAG for the Scope of Services and for no other purpose. If CVAG fails to provide CV Housing First services for a fiscal year, the Authority may withhold an installment disbursement of the Authority Funds that has not yet been disbursed. If CVAG fails to comply with any Compliance Requirements, the Authority may (i) withhold an installment disbursement that has not yet been disbursed, (ii) order a return to the Authority of any portion or all Authority Funds that were not used in compliance with this Memorandum or any other Compliance Requirements, and/or (iii) seek any other rights or remedies available at law or in equity.

3.0 INDEMNITY AND RELEASE. CVAG hereby agrees to indemnify, defend, and hold harmless the Authority and its officers, employees, agents and independent contractors (collectively, “ Indemnitees”) from an against any and all of claims, causes of act ion, obligations, losses, liabilities, judgments , or damages, including reasonable attorneys’ fees and costs of litigation (collectively “Claims”) arising out of and/or in any way relating to C VAG’s activities in the performance of this Memorandum, or to CVAG’s acts and/or omissions in providing or administering the same, excepting only those claims, actions, obligations , losses, liabilities, judgments, or damages arising out of the sole negligence, active negligence or willful misconduct of the Authority.

4.0 CVAG INSURANCE OBLIGATIONS. Without limiting the indemnification provisions provided herein, CVAG, at its sole expense, shall obtain and keep in force during the term of this Memorandum and any extensions thereof, a policy or policies of general liability insurance covering all injuries to persons and damage to property occurring in, upon or about the CVAG facility(ies) resulting from any actions or omissions of CVAG or any use of the CVAG facility (ies), or the CVAG’s invitees in accordance with the terms of this Memorandum. The policy or policies evidencing such insurance shall name the Authority as additional insureds, shall provide that same may not be cancelled or amended with thirty (30) days prior written notice to the Authority and shall provide for a combined single limit coverag e of bodily injury and property damage in the amount of not less than One Million Dollars ($1,000,000). Such policy or policies shall be issued by an insurance company licensed to do business in the State of California and be rated A -/VIII or better by ambest.com Prior to the date of this Memorandum, and upon renewal o f such policies, C VAG shall submit to the Authority certificates of insurance and any applicable endorsements evidencing that the forgoing policy or policies are in effect.

The coverage contemplat ed in this paragraph will be primary and the Author ity’s coverage will not contribute. CVAG shall provide workers ’ compensation insurance in accordance with California law.

5.0 ADDITIONAL PROVISIONS.

5.1 In all cases, the language in all parts of this Memorandum shall be construed according to its fair meaning and not strictly for or against either party, if being

Indio Housing Authority: Authorizing the Executive Director to execute a... Page 166 of 264 3 agreed that the parties or their agents have all participated in the preparation of this Memorandum.

5.2 This Me morandum contains the entire agreement of the P arties and supersedes any prior oral or written statements or agreements between the Parties regarding the operation of CVAG’s CV Housing First Program.

5.3 No termination of this Memorandum shall release either party from any liability or obligation hereunder resulting from any acts, omissions or events happening prior to the termination of this Memorandum.

5.4 In the event either party brings any suit or other proceeding with respect to the subject matter or enforcement of this Memorandum, the prevailing party (as determined by California law) shall, in addition to such other relief as may be awarded, be entitled to recover reasonable attorneys’ fees, expenses and costs of suit or investigations as actually incurred (including, without limitation, reasonable attorneys’ fees, expenses, and costs incurred in establishing the right to indemnification).

IN WITNESS WHEREOF, Coachella Valley Association of Governments and PUBLIC ENTITY have executed this Memorandum as evidenced by the signatures contained below:

INDIO HOUSING AUTHORITY

By: ____________________________
Bryan H. Montgomery
Executive Director

Dated: _________________________

ATTEST:

By: ____________________________
Sabdi Sanchez
Director of City Clerk Services

COACHELLA VALLEY ASSOCIATION

OF GOVERNMENTS

By: ____________________________
Tom Kirk
Executive Director

Dated :_________________________

Indio Housing Authority: Authorizing the Executive Director to execute a... Page 167 of 264

EXHIBIT A
Scope of Services
Provide services to unhoused individuals and families in the Coachella Valley, and more specifically in the Authority of Indio who are literally homeless by providing outreach, connections to housing solutions (including crisis stabilization housing and/or permanent solutions), rapid resolution assistance for one-time emergency needs* such as move-in costs, or other supportive services and resources such as food distribution, childcare, legal clinics, and linkages to services.
*
• Emergency rental assistance is to be issued for no more than one month's actual rent in arrears, which cannot be above the fair market rate for the occupied unit. To be eligible for rental assistance, the household must have a verifiable three-day pay or quit notice and landlords must be contacted to ensure that they will accept payment to bring the household to a state of good standing.
• To receive utility assistance, households must have a verifiable shutoff notice for cost for electric, gas, and/or water. These funds cannot be used for reconnection.
• All assistance payments are to be made payable directly to verified landlords and utility companies only.
• Priority is to be given to verified Indio residents for both types of emergency services.

Indio Housing Authority: Authorizing the Executive Director to execute a... Page 168 of 264

EXHIBIT B
Quarterly Reports for Indio
Provide homeless outreach via face to face or by
phone:
■ Number of completed interactions
■ Number of Referrals/Resources provided (submit
a narrative of what type of Resources used).

Provide homeless prevention assistance to those
who are at risk of homelessness through
emergency rental and utility assistance, or other
directly-provided resources to stay in current
home, food distribution, free child care, health
clinic, education, etc. resulting in successful
diversion. Provide type of Resources used.

Emergency rental and utility assistance:
■ Rental - households served expenditures
■ Rental - Indio households expenditures
■ Utility - households served expenditures
■ Utility - Indio households served expenditures
Sheltering:
■ How many individuals who were safely sheltered.
■ Units of face-to-face case management.
■ Number of clients assessed by case manager.
■ Number of individuals placed in housing.

Provide Rapid Rehousing or similar type
placement:
■ Number placed.
■ Housing stability - three-month follow up after
financial support ends.

Provide Employment Services:
■ Description of direct Employment Services
offered (submit narrative).
■ Number of individuals served.
■ Units of service.

Indio Housing Authority: Authorizing the Executive Director to execute a... Page 169 of 264 City of Indio
City Council
February 5, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Brian Tully, Chief of Police
Subject: Approval of Amendment No. 1 to the existing Master Services Agreement with Safety Flock additional an of 27 the for Inc. Group, Flock lease Automatic License Plate Recognition cameras, in the amount of $321,735.

RECOMMENDATION:

Approval of Amendment No. 1 to the existing Master Services Agreement with Flock Group, Inc. for the lease of an additional 27 Flock Safety Automatic License Plate Recognition cameras, in the amount of $321,735 in the form approved by the City Attorney and authorize the City Manager to execute the agreement and related forms on behalf of the City.

SUMMARY:

Our Automatic License Plate Recognition (ALPR) Camera program has shown great success in generating public safety leads to help aid Police Department personnel in locating vehicles of interest e.g., a stolen vehicle, a missing adult, or a potential vehicle used in a crime. The City is currently in year two of a five-year agreement with Flock Safety for forty-five (45) cameras at $2,500 per camera, per year. Staff is proposing adding an additional twenty-seven (27) cameras to the existing program for a total of seventy-two (72) cameras within the City's limits at a rate of $3,000 per camera, per year. Considering the existing relationship with Flock Safety, staff recommends approving Amendment No. 1 to add the additional cameras for the remainder of the five-year term.

BACKGROUND INFORMATION:
service a under software) and provides technology crime-fighting Safety Flock (cameras subscription model. Flock Safety’s service is a flat annual fee that includes: ALPR camera hardware, hardware maintenance, ALPR software, software updates, unlimited users, 30 days of unlimited data storage, LTE connectivity, solar panels, poles, mounting equipment, and monitoring. Flock Safety provides all supplies and equipment under standard operating procedures and complies with all government regulations and workplace safety guidelines. If the City of Indio chooses not to renew the agreement, Flock Safety will remove the cameras. The City retains discretion in terminating the agreement provided a ninety-day written notice.

Flock Safety is a public safety operating system that helps communities and law enforcement (in over one thousand cities nationwide) work together to eliminate crime, protect privacy, and mitigate bias. Other local Southern California government agencies currently using Flock Systems include the Los Angeles Sheriff’s Department, Azusa Police Department (PD), Covina PD, West Covina PD, and the City of Redlands. Within Riverside County, the Sheriff's Department, as well as the cities of Beaumont, Canyon Lake, Cathedral City, Corona, Desert Hot Springs, Hemet, La Quinta, Lake AGENDA ITEM #10.8
Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 170 of 264 Elsinore, Menifee, Moreno Valley, Norco, Palm Desert, Palm Springs, Perris, Rancho Mirage, San Jacinto, Temecula, and Wildomar are also on the system.

The original services agreement with Flock Safety was approved at the January 13, 2022, City Council meeting and the current Master Services Agreement was approved on October 4, 2023.

The current ALPR program has been a great tool in assisting the Police Department in generating public safety investigative leads. Since the inception of the program, we have recovered numerous stolen vehicles and arrested several felony suspects due to leads generated by the program.

Flock Safety is the only fully integrated ALPR one-stop solution from the production of the camera to delivery and installation. The camera utilizes motion capture to start and stop recording with machine vehicle to Safety Flock allows capture intelligence, artificial and learning which characteristics without the need for a reflective license plate.

The Indio Police Department is also requesting that the lease of the Flock Safety system be conducted pursuant to the “limited availability/sole source” exemption under Section 33.116(C)(4)(b) of the Indio Municipal Code. This section permits a sole source purchase when the equipment is of a proprietary nature as well as when the equipment is specifically desired for purposes of maintaining cost-effective system consistency. In this case, the Flock Safety equipment has proprietary patented technology which makes their system unique as well and they are the sole manufacturer and distributor of the Flock Safety Automatic License Plate Recognition (ALPR) Camera (Attachment 3). Flock Safety is also the sole provider of comprehensive monitoring, processing, and machine vision services that integrate with the Flock Safety Camera.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$76,934.70 In current year budget: No
Current FY General
Fund Impact:
$0.00 Budget adjustment: Yes
Next FY Financial
Impact:
$81,600.00 Strategic Objective: Public Safety
Source of funds: Fund 221 ELEAS Special
Revenue Fund
Fund-Org-Object
Reference:
221 521064 Prof. &
Technical Services

Additional Financial Details:

Staff is requesting a $76,935 budget adjustment in Fund 221 Enhancing Law Enforcement Services Sub-Account (ELEAS), a non-General Fund Special revenue fund to cover the additional cost this fiscal year. Our Finance Department will incorporate next year's recurring cost ($81,000) in the Police Department's FY 25/26 budget. The requested budget adjustment for this fiscal year is as follows:

Increase appropriations:
221-521064 $76,935.00 Professional & Technical Services

Expected offset:
221-302003 $76,935.00 Fund Balance

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 171 of 264 FY 24/25 FY 25/26 FY 26/27 FY 27/28
One-Time Camera
Implementation Fee $23,850 $0 $0 $0
Recurring Annual
Subscription Costs $ 53,084.70 $81,600 $81,600 $81,600 Total $ 76,934.70 $ 81,600 $ 81,600 $ 81,600

ATTACHMENTS:

Attachment 1: Amendment No 1
Attachment 2: Master Services Agreement with Flock
Attachment 3: Flock Safety - Sole Source 2023

APPROVAL(S):

Brian Tully, Chief of Police Approved - 28 Jan 2025
Steven Graham Pacifico, City Attorney Approved - 30 Jan 2025 Ruby D. Walla, Director of Finance Approved - 30 Jan 2025 Bryan H. Montgomery, City Manager Approved - 30 Jan 2025

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 172 of 264

AMENDMENT

This amendment (“Amendment”) supersedes and amends the previously executed agreement between the Parties, dated 10/06/2023, relating to the provision of services by Flock Group Inc. (“Flock”) to CA - Indio PD (“Customer”) and any schedules or exhibits attached thereto or incorporated therein by reference (the “Agreement”). The remainder of the Agreement shall remain in full force and effect. In the event of a conflict between this Amendment and the Agreement the terms of this Amendment will prevail. Any capitalized terms used in this Amendment will have the same meaning as in the Agreement, unless expressly defined otherwise.

This Amendment is effective upon execution by both Parties (the “Effective Date”).

The Agreement is amended as follows: Any applicable Flock Hardware/Software, Professional Services and/or One Time Purchases listed on the table(s) below are added into the Agreement in its entirety. Any recurring fees added to the Agreement through this Amendment will be prorated as of the Effective Date of this Amendment. Any prorated amounts provided are for recurring fees only and subject to change based on Effective Date. After the current Term, Customer shall pay the fees as set forth in the applicable product tables pursuant to payment terms indicated on the Order Form or prior Agreement.

Hardware and Software Products
Annual recurring amounts over subscription term

Item Cost Quantity Total
Flock Safety Platform $81,600.00
Flock Safety Flock OS
FlockOS ™ 911 Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 27 Included

Professional Services and One Time Purchases

Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Existing Infrastructure
Implementation Fee $150.00 9 $1,350.00
Professional Services - Electrical Implementation
Fee $1,250.00 18 $22,500.00

Annual Recurring Subtotal: $81,600.00

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 173 of 264 Amendment Billing Schedule
Year 1 $76,934.70

Amendment Total $321,734.70
Annual Totals
Year 1 of Amendment $76,934.70
New Annual Recurring $81,600.00
Existing Annual Recurring $116,000.00
Net Total Annual Recurring $197,600.00
Year 1 total is an estimate based on amendment executed date of 02/26/2025

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 174 of 264

By executing this Amendment, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the previously executed Agreement. As well as the Prepared911 Terms and Conditions, available at https://www.prepared911.com/prepared-live-terms-and-conditions. /

FLOCK GROUP, INC. Customer: CA - Indio PD

By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\

PO Number:

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 175 of 264

Flock Safety +
CA
-

Indio PD

____
__________

Flock Group Inc.

1170
Howell Mill Rd, Suite
210

Atlanta, GA 30318

______________

MAIN CONTACT:

Anton Benbalit

[email protected]

2064321524

DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 176 of 264 Company Overview

At Flock Safety, technology unites law enforcement and the communities they serve to eliminate crime and shape a safer future, together. We created the first public safety operating system to enable neighborhoods, schools, businesses, and law enforcement to work together to collect visual, audio, and situational evidence across an entire city to solve and prevent crime.

Our connected platform, comprised of License Plate Recognition (LPR), live video, audio detection, and a suite of integrations (AVL, CAD & more), alerts law enforcement when an incident occurs and turns unbiased data into objective answers that increase case clearance, maximize resources, and reduce crime -- all without compromising transparency or human privacy.

Join thousands of agencies reducing crime with Flock Safety’s public safety operating system

2000+ 120 1B+ <60%*
communities with private- incident alerts / minute 1B+ vehicles detected / <60% local crime reduction public partnerships month in Flock cities

*According to a 2019 study conducted by Cobb County Police Department

Introduction

Layer Intelligence to Solve More Crime

The pathway to a safer future looks different for every community. As such, this proposal presents a combination of products that specifically addresses your public safety needs, geographical layout, sworn officer count, and budget. These components make up your custom public safety operating system, a connected device network and software platform designed to transform real-time data into a panoramic view of your jurisdiction and help you zero in on the leads that solve more cases, prevent future crimes, and foster trust in the communities you serve.

Software Platform
Flock Safety's out-of-box software platform collects and makes sense of visual, audio, and situational evidence across your entire network of devices.

Out-of-Box Software Features
DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 177 of 264 Simplified Search Get a complete view of all activity tied to one vehicle in your network of privately and publicly owned cameras.

The user-friendly search experience allows officers to filter hours of footage in seconds based on time, location, and detailed vehicle criteria using patented Vehicle Fingerprint ™ technology. Search filters include:

● Vehicle make
● Body type
● Color
● License plates
○ Partial tags
○ Missing tags
○ Temporary tags
○ State recognition
● Decals
● Bumper stickers
● Back racks
● Top racks
National and Local Sharing

Access 1B+ additional plate reads each month without
purchasing more cameras. Solve cross-jurisdiction crimes by opting into Flock Safety's sharing networks, including one- toone, national, and statewide search networks. Users can also receive alerts from several external LPR databases:

California SVS
FDLE
FL Expired Licenses
FL Expired Tags
FL Sanctioned Drivers
FL Sex Offenders
Georgia DOR
IL SOS
Illinois Leads
NCIC
NCMEC Amber Alert
REJIS
CCIC
FBI
Real-time Alerts Receive SMS, email, and in-app notifications for custom Hot Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle Fingerprint matches, and more.

Interactive ESRI Map View your AVL, CAD, traffic, and LPR alerts alongside live onscene video from a single interactive map for a birdseye view of activity in your jurisdiction.

Vehicle Location Analysis

Visualize sequential Hot List alerts and the direction of travel to guide officers to find suspect vehicles faster.

DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 178 of 264

Out-of-Box Software Features (Continued)
Transparency Portal Establish community trust with a public-facing dashboard that shares policies, usage, and public safety outcomes related to your policing technology.

Insights Dashboard

Access at-a-glance reporting to easily prove ROI, discover crime and traffic patterns and prioritize changes to your public safety strategy by using data to determine the most significant impact.

Native MDT Application

Download FlockOS to your MDTs to ensure officers never
miss a Hot List alert while out on patrol.

Hot List Attachments
Attach relevant information to Custom Hot List alerts. Give simple, digestible context to Dispatchers and Patrol Officers responding to Hot List alerts so they can act confidently and drive better outcomes. When you create a custom Hot List Alert, add case notes, photos, reports, and other relevant case information.

Single Sign On (SSO) Increase your login speed and information security with Okta or Azure Single Sign On (SSO). Quickly access critical
information you need to do your job by eliminating the need for password resets and steps in the log-in process.

DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 179 of 264

License Plate Recognition
The Flock Safety Falcon® LPR camera uses Vehicle Fingerprint™ technology to transform hours of footage into actionable evidence, even when a license plate isn't visible, and sends Hot List alerts to law enforcement users when a suspect vehicle is detected. The Falcon has fixed and location-flexible deployment options with 30% more accurate reads than leading LPR.*

*Results from the 2019 side-by-side comparison test conducted by LA County Sheriff's Department

Flock Safety Falcon®LPR Camera Flock Safety Falcon® Flex Flock Safety Falcon® LR Fixed, infrastructure-free LPR camera
designed for permanent placement.

√ 1 Standard LPR Camera
√ Unlimited LTE data service + Flock OS
platform licenses
√ 1 DOT breakaway pole
√ Dual solar panels
√ Permitting, installation, and ongoing
maintenance
Location-flexible LPR camera designed
for fast, easy self-installation, which is
ideal for your ever-changing investigative
needs.
√ 1 LPR Camera
√ Unlimited LTE data service + software
licenses
√ 1 portable mount with varying-sized
band clamps
√ 1 Charger for internal battery
√ 1 hardshell carrying case
Long-range, high-speed LPR camera that
captures license plates and Vehicle
Fingerprint data for increasing
investigative leads on high-volume
roadways like highways and interstates.

√ 1 Long-Rage LPR Camera
√ Computing device in protective poly
case
√ AC Power
√ Permitting, installation, and ongoing
maintenance

Your Flock Safety Team
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communities that celebrate the hard work of those who serve and protect. We don’t disappear after contracts are signed; we pride ourselves on becoming an extension of your hard-working team as part of our subscription service.

Implementation Meet with a Solutions Consultant (former LEO) to build a deployment plan based on your needs. Our Permitting Team and Installation Technicians will work to get your device network approved, installed, and activated.

DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 180 of 264 User Training + Support Your designated Customer Success Manager will help train your power users and ensure you maximize the platform,
while our customer support team will assist with needs as they arise.

Maintenance We proactively monitor the health of your device network. If we detect that a device is offline, a full-time technician will service your device for no extra charge.

Note: Ongoing maintenance does not apply to Falcon Flex devices.

Public Relations Government Affairs

Get support educating your stakeholders, including city councils and other governing bodies.

Media Relations

Share crimes solved in the local media with the help of our Public Relations team.

DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 181 of 264

EXHIBIT A

ORDER FORM

Customer: CA - Indio PD Initial Term: 60 Months
Legal Entity Name: CA - Indio PD Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 46800 Jackson St Indio, California 92201 Billing Frequency: Annual Plan - First Year Invoiced at Signing.

Retention Period: 30 Days

Hardware and Software Products
Annual recurring amounts over subscription term

FlockOS ™ Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 45 Included
Flock Safety FlockOS Add Ons
Flock Safety Advanced Search $3,500.00 1 $3,500.00

Professional Services and One Time Purchases

Professional Services - Standard Implementation Fee $650.00 6 $3,900.00 Professional Services - Existing Infrastructure
Implementation Fee

$150.00 19 $2,850.00
Subtotal Y ear 1: $122,750.00
Annual Recurring Subtotal: $116,000.00
Discounts: $120,000.00
Estimated Tax: $0.00
Contract Total: $586,750.00

Item

Cost

Quantity

Total

Flock Safety Platform

$116,000.00

Flock Safety Flock OS

Item

Cost

Quantity

Total

One Time Fees

Flock Safety
Professional Services

DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 182 of 264

Special Terms:
• In the event that Flock products or Flock Services are no longer permitted by the laws governing Customer's jurisdiction, Customer may terminate this Agreement with no penalty. If Customer has pre-paid any amounts for the Term, Customer shall not receive any refunds.

Billing Schedule

Billing Schedule Amount (USD)
Y ear 1
At Contract Signing $122,750.00
Annual Recurring after Y ear 1 $116,000.00
Contract Total $586,750.00
*Tax not included
Discounts

Discounts Applied Amount (USD)
Flock Safety Platform $112,500.00
Flock Safety Add-ons $7,500.00
Flock Safety Professional Services $0.00

DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 183 of 264 Product and Services Description

Flock Safety Platform Items Product Description Terms Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.

The Term shall commence upon first installation and validation of Flock Hardware.

One-Time Fees Service Description
Installation on existing
infrastructure One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

Professional Services - Standard
Implementation Fee One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services - Advanced Implementation Fee One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

FlockOS Features & Description

Package: Essentials

FlockOS Features Description
Community Cameras (Full Access) Access to all privately owned Flock devices within your jurisdiction that have been shared with you.

Unlimited Users Unlimited users for FlockOS
State Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the statewide Flock network.

Nationwide Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the nationwide Flock network.

Direct Share - Surrounding Jurisdiction (Full Access) Access to all Flock devices owned by law enforcement that have been directly shared with you. Have ability to search by vehicle fingerprint, receive hot list alerts, and view devices on the map.

Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations License Plate Lookup Look up specific license plate location history captured on Flock devices V ehicle Fingerprint Search Search footage using V ehicle Fingerprint™ technology. Access vehicle type, make, color, license plate state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.

Flock Insights/Analytics page Reporting tool to help administrators manage their LPR program with device performance data, user and network audits, plate read reports, hot list alert reports, event logs, and outcome reports.

ESRI Based Map Interface
Flock Safety’s maps are powered by ESRI, which offers the ability for 3D visualization, viewing of floor plans, and layering of external GIS data, such as City infrastructure (i.e., public facilities, transit systems, utilities), Boundary mapping (i.e., precincts, county lines, beat maps), and Interior floor plans (i.e., hospitals, corporate campuses, universities)
Real-Time NCIC Alerts on Flock ALPR Cameras Alert sent when a vehicle entered into the NCIC crime database passes by a Flock camera Unlimited Custom Hot Lists Ability to add a suspect’s license plate to a custom list and get alerted when it passes by a Flock camera

DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 184 of 264 By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached. The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: City of Indio

By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\

PO Number:

DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D 10/6/2023
Mark Smith
General Counsel
DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60 City Manager
10/6/2023
Bryan H. Montgomery

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 185 of 264

Master Services Agreement

This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”) on this the 08 day of September 2023. This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A. The Parties agree as follows:

RECITALS

WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”);

WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services;

WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and

AGREEMENT

NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 186 of 264 Form, purchase orders, statements of work, product addenda, or the like, attached hereto as exhibits and incorporated by reference, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or crossreferenced in this Section 1.

1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.

1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1.3 “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.

1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).

DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60

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1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein.

1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.10 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes.

Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.

1.13 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.

1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

1.15 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.

2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 188 of 264 (“Retention Period”). Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of authorized End user which would constitute a breach of this agreement if undertaken by customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).

2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).

2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies, the competitive strength of, or market for, Flock’s products or services, such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.

Parties understand that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.

2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 189 of 264 (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.

3. CUSTOMER OBLIGATIONS

3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 190 of 264 Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 191 of 264 Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.

4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data nonidentifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).

Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 192 of 264 was independently developed without use of any Proprietary Information of the Disclosing Party.

Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.

5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 193 of 264 Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.

6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).

6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.

6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.

DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 194 of 264

7. TERM AND TERMINATION

7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

7.2 Termination. Customer may terminate this Agreement in its sole and absolute discretion, with or without cause, at any time by giving ninety-day advanced written notice of termination to Flock. If Customer has pre-paid any amounts for the Term, Customer shall not receive any refunds. If Customer has any fees due to Flock for the remaining Term, Customer will remit payment to Flock upon thirty (30) days receipt of invoice. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.

In the event that Flock products or Flock Services are no longer permitted by the laws governing Customer's jurisdiction, Customer may terminate this Agreement with no penalty. If Customer has pre-paid any amounts for the Term, Customer shall not receive any refunds.

7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 11.1 and

11.6. DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 195 of 264

8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY , AND FLOCK’S SOLE LIABILITY , WITH RESPECT TO DEFECTS.

FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK

DISCLAIMS ALL W ARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 196 of 264

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER ONLY

APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.

8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

9. LIMITATION OF LIABILITY; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY ,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY

SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY , PRODUCT LIABILITY , OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D)

FOR ANY INDIRECT, EXEMPLARY , INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR

REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH

AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID

AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT

GA VE RISE TO THE LIABILITY , IN EACH CASE, WHETHER OR NOT FLOCK HAS DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 197 of 264 BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF

LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 10.6.

NOTWITHSTANDING ANYTHING TO THE CONTRARY , THE FOREGOING

LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.

9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.

10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 198 of 264 Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.

10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, repositioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at
(https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.

10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.

DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 199 of 264

11. MISCELLANEOUS

11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).

11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.

DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 200 of 264

11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts. 11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section

2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 201 of 264 documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.

11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise. 11.14 Morality. In the event Customer or its agents become the subject of an indictment, contempt, scandal, crime of moral turpitude or similar event that would negatively impact or tarnish Flock’s reputation, Flock shall have the option to terminate this Agreement upon prior written notice to Customer.

11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested.

11.16 Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of funds are conditioned on the availability of funds appropriated for that purpose. Customer shall have the right to terminate this Agreement for non appropriation with thirty (30) days written notice without penalty or other cost.

FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]

DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 202 of 264 Customer NOTICES ADDRESS:

ADDRESS:

ATTN:

EMAIL:

DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60 [email protected]
Office of the Chief
46800 Jackson St. Indio, CA 92201

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 203 of 264

EXHIBIT B

INSURANCE

Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees.

Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate;
(iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate;
(iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 204 of 264 (v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).

DocuSign Envelope ID: EB606344-9157-4497-813D-A1EACDAEB78D DocuSign Envelope ID: B135088B-B839-4D50-903A-03E1ED992F60

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 205 of 264 SoleSourceLetter for FlockSafety®ALPRCamerasandSolution FlockSafety®isthesolemanufacturer anddeveloper of theFlockSafety®ALPRCamera.FlockSafety®isalsothesoleprovider of thecomprehensivemonitoring, processing, andmachinevisionserviceswhichintegratewiththeFlockSafety®ALPRCamera.

TheFlockSafety®ALPRcameraanddevicesaretheonlyLawEnforcement GradeALPRSystemtooffer thefollowingcombinationof proprietaryfeatures:

1. VehicleFingerprint Technology®:○ Patentedproprietarymachinevisiontoanalyzevehiclelicenseplate, staterecognition, andvehicleattributessuchascolor, type, makeandobjects(roofrack, bumper stickers, etc.) basedonimageanalytics(not car registrationdata)○ Machinevisiontocaptureandidentifycharacteristicsof vehicleswithapaperlicenseplateandvehicleswiththeabsenceof alicenseplate○ Abilityto‘SaveSearch’ basedondescriptionof vehiclesusingour patentedVehicleFingerprint Technologywithout theneedfor alicenseplate, andset upalertsbasedonvehicledescription○ OnlyLPRprovider with“Visual Search” whichcantransformdigital imagesfromanysourceintoaninvestigativeleadbyfindingmatchingvehiclesbasedonthevehicleattributesintheuploadedphoto○ FlockSafetyFalconFlex™: aninfrastructure-free, location-flexiblelicenseplatereader camerathat iseasytoself install. FlockSafetyFalconFlex™tiesseamlesslyintotheFlockSafety®ecosystemwithasmall andlightweightcamerawiththeabilitytoreadupto30,000licenseplatesandvehicleattributesonasinglebatterycharge

2. IntegratedCloud-Software&HardwarePlatform:○ Abilitytocapturetwo(2+) lanesof trafficsimultaneouslywithasinglecamerafromavertical mass○ Best inclassabilitytocaptureandprocessupto30,000vehiclesper daywithasinglecamerapoweredexclusivelybysolar power○ Wirelessdeployment of solar poweredlicenseplatereadingcameraswithintegratedcellular communicationweighinglessthan5lbsandabletobepoweredsolelybyasolar panel of 60Wor less○ Webbasedfootageretrieval tool withfilteringcapabilitiessuchasvehiclecolor,vehicletype, vehiclemanufacturer, partial or full licenseplate, stateof licenseplate, andobject detection 1170Howell Mill Rd. NW· Suite210, Atlanta, GA30318

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 206 of 264 ○ Utilizesmotioncapturetostart andstoprecordingwithout theneedfor areflectiveplate○ Motiondetectionallowsfor uniquecasessuchasbicyclecapture, ATV,motorcycle, etc.○ Ondevicemachineprocessingtolimit LTEbandwidthconsumption○ Cloudstorageof footage○ Covert industrial designfor minimizingvisual pollution

3. Transparency&Ethical Product Design:○ One-of-a-kind“TransparencyPortal” public-facingdashboardthat detailsthepoliciesinplacebythepurchaser, aswell asautomaticallyupdatedmetricsfromtheFlockSafety®system○ Built-inintegrationwithNCMECtoreceiveAMBERAlertstofindmissingchildren○ Privacycontrolstoenablecertainvehiclesto“opt-out” of beingcaptured

4. IntegratedAudio&Gunshot Detection:○ Nativelyintegratedaudiodetectioncapabilitiesutilizingmachinelearningtorecognizeaudiosignaturestypical of crimesinprogress(e.g., gunshots)

5. LiveVideoIntegration:○ Abilitytoapplycomputer visiontothird-partycamerasusingFlockSafetyWing®LPR, transformingthemtoevidencecapturedevicesusingthesameVehicleFingerprint®technologyofferedontheFlockSafetyFalcon®ALPRcameras○ FlockSafetyWing®Livestreamintegrateslivestreamtrafficcameras, publiclyorprivatelyownedlivestreamsecuritycamerasintoonecloud-basedsituationalawarenessdashboardtoincreaseresponsetimeinmission-critical incidents○ Managevariousgovernment intelligenceincludingALPR, livestreamcameras,CAD, automaticvehiclelocation(AVL) onFlockSafetyWing®Suite○ AbilitytoaccessliveandrecordedvideousingFlockSafetyCondor™, asubscriptionvideosolutionwhichallowsofficerstoremotelyviewinstant replayofdownloadableliveon-scenevideowithPTZcontrolsand25Xoptical zoomwithout theneedfor additional cameranetworkset-up, installation, or up-keep

6. Situational Awareness:○ FlockOS™istheworld’sfirst andonlypublicsafetyoperatingsystemcompatiblewithFlockSafety™livestreamingfixedandPTZCondor camera, FlockSafetyRaven™gunshot audiodetection, whileseamlesslyintegratingfirst and 1170Howell Mill Rd. NW· Suite210, Atlanta, GA30318

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 207 of 264 third-partydataacrossvideo, LPR, andaudiotodeliver real-timeintelligenceandretroactivecrimesolvinginasingle-panereal-timecrimecenter○ Abilitytoenhancesituational awarenesscapacitybylayeringall intelligencestreamsontotheFlockOS™ESRI-basedmap○ FlockOS™featuresFlockSafety™uniqueReal-TimeRoutingfeaturethatanalyzesvariousdatasourcestodeterminewhereasuspect vehiclehasbeenandits’ directionof travel providinguserswithpossibleoutcomesbasedonaconfidencethreshold

7. Partnerships:○ FlockSafety®istheonlyLPRprovider toofficiallypartner withAXONtobenativelyanddirectlyintegratedintoEvidence.com○ FlockSafety®istheonlyLPRprovider tobefullyintegratedintoadynamicnetworkof AXON’sFleet 3mobileALPRcamerasfor patrol carsandFlockSafetyFalcon®cameras○ Accesstoadditional cameraspurchasedbyour HOAandprivatebusinesspartners, meansanever-increasingamount of camerasanddataat noadditionalcost

8. Warranty&Service:○ Lifetimemaintenanceandsupport includedinsubscriptionprice○ FlockSafety®istheonlyfullyintegratedALPRone-stopsolutionfromproductionof thecameratodeliveryandinstallation○ Performancemonitoringsoftwaretopredict potential failures, obstructions, tilts,andother critical or minor issues Thankyou,
Garrett LangleyCEO, FlockSafety®
1170Howell Mill Rd. NW· Suite210, Atlanta, GA30318

Amendment No. 1 to the existing Master Services Agreement with Flock Gro... Page 208 of 264 City of Indio
City Council
February 5, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Jonathan Nicks, Assistant City Manager
Subject: Authorize the purchase of one refrigerated box truck for the Coachella Valley Rescue Mission in an amount not to exceed $88,545.

RECOMMENDATION:

Approve the purchase of one refrigerated box truck for the Coachella Valley Rescue Mission in an amount authorize and budget. necessary the exceed $88,545, the to not approve Finance Department to adjust appropriations and revenues as reflected in the financial details section of this staff report.

SUMMARY:

The city support that Indio services in (CVRM) Mission Rescue Valley Coachella provides compliance with SB 1383 including collection of edible food and feeding hungry people. The CVRM needs a refrigerated truck to maintain current levels of service. The City received two rounds of funding from CalRecycle to comply with SB 1383 and a refrigerated truck is an allowable cost. The full cost of the truck would be paid using SB 1383 grant funds.

BACKGROUND INFORMATION:

One aspect of SB 1383 requires each jurisdiction in California to implement an edible food recovery program, which will:

 Feed hungry people
 Create new green collar jobs
 Strengthen relationships between food donors and food recovery organizations  Help create sustainable funding for food recovery organizations  Build more resilient communities

CVRM provides services in Indio that support SB 1383 compliance including collection of edible food and feeding hungry people. CVRM serves three meals every day, all of which are prepared in- house. Over 900 meals are served each day and most of the food comes from local grocery stores and restaurants. CVRM also distributes weekly food boxes to individuals and families experiencing food insecurity. The boxes have enough food to feed a family of four for four days. A refrigerated truck would greatly improve transportation efficiency and continue the safe collection and delivery of food donations.

The City has received two rounds of SB 1383 grant funding from CalRecycle and a refrigerated truck is an allowable cost. In order for CVRM to own the truck, the City must have a service AGENDA ITEM #10.9
Authorize the purchase of one refrigerated box truck for the Coachella V... Page 209 of 264 agreement with CVRM. Staff has worked with CVRM to identify used refrigerated trucks that fit their needs. The following trucks have been determined to be suitable vehicles and are currently available through Penske.

Year Make Miles Unit Number Total Cost
2020 Freightliner M2 154,415 339228 88,545
2018 Hino 268 113,508 179069 80,795
2018 Freightliner M2 147,464 314173 80,045
Truck availability changes frequently, therefore, staff recommends the purchase of unit 339228 for $88,545. If this truck is no longer available, staff recommends moving forward with the purchase of unit 179069 for $80,795 and if both trucks become unavailable, then staff will work to purchase unit 314173 or similar suitable truck not to exceed $88,545.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$88,545 In current year budget: No
Current FY General
Fund Impact:
0 Budget adjustment: Yes
Next FY Financial
Impact:
0 Strategic Objective: Financial &
Environmental
Sustainability
Source of funds: SB1383 Grant Funds Fund-Org-Object
Reference:
218-540012

Additional Financial Details:

In accordance with the grant, CVRM will purchase the vehicle, and the City will reimburse CVRM.

SB 1383 grant funds are reimbursement grants, therefore, CalRecycle will reimburse the City.

Budget Adjustment
Increase Revenues:
218 402135 Misc. State Grants $88,545.00

Increase Appropriations:
218 540012 Grants and Sponsorships $88,545.00

ATTACHMENTS:

Attachment 1 Service Agreement
Attachment 2 Vehicle Quotes

APPROVAL(S):

Jonathan Nicks, Assistant City Manager Approved - 30 Jan 2025 Ruby D. Walla, Director of Finance Approved - 30 Jan 2025 Steven Graham Pacifico, City Attorney Approved - 30 Jan 2025

Authorize the purchase of one refrigerated box truck for the Coachella V... Page 210 of 264 Bryan H. Montgomery, City Manager Approved - 30 Jan 2025

Authorize the purchase of one refrigerated box truck for the Coachella V... Page 211 of 264 1 CALRECYCLE SB 1383 LOCAL ASSISTANCE GRANT PROGRAM SUBRECIPIENT

AGREEMENT

AGREEMENT BETWEEN THE CITY OF INDIO
AND

COACHELLA V ALLEY RESCUE MISSION
FOR
CALRECYCLE SB 1383 LOCAL ASSISTANCE GRANT PROGRAM

RECORDKEEPING AND EDIBLE FOOD RECOVERY SERVICES

This SUBRECIPIENT AGREEMENT (“Agreement”) is made and entered into this 5 day of February , 2025, (“Effective Date”) by and between the CITY OF INDIO (“ City”), a California municipal corporation and the Coachella Valley Rescue Mission, a California religious nonprofit corporation (“Subrecipient”). For the purposes of this Agreement , the City and Subrecipient are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”
Recitals

WHEREAS, in September 2016, Senate Bill 1383 (“SB 1383”) was approved by the Governor, establishing organic waste collection and recycling programs, food recovery programs, and requirements for jurisdictions to procure recycled organic products like compost and renewable gas in a coordinated effort to reduce the amount of organic waste sent to landfills by 75% by 2025; and

WHEREAS, City has applied for and received funds from CalRecyle through the SB 1383 Local Assistance Grant Program (“Grant”); and

WHEREAS, City desires to use a portion of the Grant funds to purchase a refrigerated truck, VIN ________ (“Truck”) to advance compliance with SB 1383, and the purchase of the Truck is an eligible cost under the Grant; and

WHEREAS, CalRecycle’s Grant Manager clarified that ownership of vehicles purchased using Grant funds may be transferred so long as City and Subrecipient have a service agreement in place, as evidenced by the attached correspondence between City Staff and Grant Manager as in Exhibit A, incorporated herein; and

WHEREAS, CalRecycle’s Grant Manager requested that the City enter into this Agreement to reimburse Subrecipient for the cost of the Truck; and

WHEREAS, Subrecipient is qualified to provide recordkeeping and edible food recovery services to and assist the City with Grant implementation purposes; and

WHEREAS, City and Subrecipient desire to enter into this Agreement for recordkeeping and edible food recovery services in exchange for Subrecipient’s ownership of the Truck.

Authorize the purchase of one refrigerated box truck for the Coachella V... Page 212 of 264 2 NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

Operative Provisions

Section 1. Purpose

The purpose of this Agreement is to facilitate the purchase of the Truck by Subrecipient, which the City will reimburse Subrecipient for the Truck. Subrecipient will own the Truck and provide Edible Food Recovery services and associated recordkeeping as outlined below (collectively, the “Services”). Upon purchase, all rights, title and obligations and liabilities of the Truck shall be held by Subrecipient.

Section 2. Term

The term of this Agreement shall be for five (5) years commencing on the Effective Date.

Upon the expiration of the Agreement, ownership of the Truck shall remain with the Subrecipient.

Section 3. Use of Grant Funds by City

City shall allocate a portion of the Grant funds for the reimbursement of the Truck, consistent with the Grant Procedures and Requirements (“Grant Terms”) attached hereto and incorporated by reference as Exhibit “B”.

Section 4. Purchase of Truck

a. Purchase and Sale of the Truck. Subject to all terms and provisions of this Agreement, Subrecipient shall purchase the Truck and its associated auxiliaries, which Truck shall be approximately ______ feet in length with a VIN of ___________ (collectively, the “Truck”). The City shall reimburse Subrecipient the full amount for the Truck, which amount shall not exceed $88,545 (“Cost”). Subrecipient shall not be entitled to receive any amount exceeding the reimbursement Cost.

b. Date of Reimbursement of Truck Cost. City shall reimburse Subrecipient the Cost of the Truck within thirty (30) of the Subrecipient purchase of the Truck, subject to Subrecipient’s compliance with the terms and conditions herein.

c. Conditional Ownership. Ownership of the Truck is conditioned upon Subrecipient’s ongoing provision of Services detailed in this Agreement.

d. Liability. Subrecipient shall assume any and all responsibility for the Truck and any and all responsibility for use of the Truck including, liabilities, obligations, compliance with all applicable law, insurance, maintenance, registration, and fuel.

Authorize the purchase of one refrigerated box truck for the Coachella V... Page 213 of 264 3 e. Truck Shipment Procedures. Subrecipient shall bear the sole responsibility and/or liability for any damage to the Truck or any damage to real or personal property that may be incurred during the shipping and/or transportation process, including defending and holding City harmless from any and all claims or causes of action arising from such shipping and/or transportation.

f. Warranty. CITY AND ITS AGENTS MAKE NO REPRESENTATION OR

WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION,

WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR

PURPOSE, AND SHALL NOT IN ANY WAY OR MANNER BE LIABLE FOR ANY

REPRESENTATION OR WARRANTIES OF ANY AGENT OR OTHER PERSON, WITH RESPECT TO THE CONDITION OF THE TRUCK . SUBRECIPIENT ’S EXECUTION OF THIS AGREEMENT CONSTITUTES SUBRECIPIENT’S

ACKNOWLEDGMENT THAT SUBRECIPIENT HAS FULLY INSPECTED THE

TRUCK PRIOR TO THE CLOSING AND THAT SUBRECIPIENT HAS ACCEPTED

THE TRUCK IN ITS THEN-PRESENT, AS-IS, WHERE IS CONDITION, WITH ALL FAULTS. FROM AND AS OF CITY’S DELIVERY , SUBRECIPIENT EXPRESSLY

RELEASES AND RELIEVES CITY FROM ANY AND ALL LIABILITY , WARRANTY

OR OBLIGATION WHATSOEVER RELATING TO THE CONDITION OF THE TRUCK. THIS DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITIES,

WAIVER AND RELEASE SHALL SURVIVE THE TRANSFER OF THE TRUCK TO SUBRECIPIENT. AFTER TRANSFER OF THE TRUCK, SUBRECIPIENT ASSUMES

ALL RISKS AND LIABILITY WHATSOEVER RESULTING FROM THE
POSSESSION, USE, OR DISPOSITION OF THE TRUCK. IN NO EVENT WILL CITY BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

Section 5. Subrecipient Obligations

a. General. Subrecipient must comply with all applicable rules, regulations , and procedures of the Grant, including the rules, regulations, and procedures set forth in Exhibit B, which is hereby incorporated.

b. Edible Food Recovery. Subrecipient shall recover surplus edible food from commercial businesses, including grocery stores, restaurants, and wholesale food vendors (“Edible Food Recovery”).

c. R
ecordkeeping. Subrecipient shall keep records of the numbers of pounds received from commercial businesses/generators and report the total amounts for each calendar year to City in the form, content, and frequency as required by City (“Recordkeeping”).

d. T ruck Operation. The Truck shall be used exclusively to support and implement Services in compliance with the terms of this Agreement and applicable federal and state law, including SB 1383.

Authorize the purchase of one refrigerated box truck for the Coachella V... Page 214 of 264 4 Section 6. Notices

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Indio
Attn: City Manager
100 Civic Center Mall
Indio, CA 92201

To Subrecipient: Coachella Valley Rescue Mission
Attn: Executive Director
47-470 Van Buren Street
Indio, CA 92201

Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

Section 7. Independent Contractor

a. Subrecipient is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Subrecipient shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise.

b. The personnel performing the Services under this Agreement on behalf of Subrecipient shall at all times be under Subrecipient’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Subrecipient or any of Subrecipient’s officers, employees or agents except as set forth in this Agreement. Subrecipient shall not at any time or in any manner represent that Subrecipient or any of Subrecipient’s officers, employees, or agents are in any manner officials, officers, employees or agents of City .

c. Neither Subrecipient, nor any of Subrecipient’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to Subrecipient’s employees. Subrecipient expressly waives any claim Subreci pient may have to any such rights.

Section 8. Indemnification

a. Indemnification by Subrecipient. To the fullest extent permitted by law, Subrecipient shall indemnify, protect, defend (with legal counsel reasonably acceptable to City ) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands,

Authorize the purchase of one refrigerated box truck for the Coachella V... Page 215 of 264 5 orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Subrecipient or subcontractors), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, any goods provided or performance of Services by Subrecipient, its officers, agents, employees, representatives, subcontractors, anyone directly or indirectly employed by any of them, or anyone that they control. Subrecipient ’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified parties.

b. Indemnification from Sub-contractors. Subrecipient agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Subrecipient in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Subrecipient fails to obtain such indemnity obligations from others as required here, Subrecipient agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Subrecipient and shall survive the termination of this Agreement and this section.

Section 9. Compliance with Applicable Laws, Permits, and Licenses

Subrecipient shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement, including the Grant Terms. Subrecipient shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Subrecipient represents and warrants that Subrecipient has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing. Subrecipient further represents and warrants that the Services provided herein shall conform to all ordinances, policies, and practices of the City . Neither City , nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Subrecipient to comply with this section.

Section 10. Authority to Execute

The person or persons executing this Agreement on behalf of Subrecipient represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Subrecipient to the performance of its obligations hereunder.

Authorize the purchase of one refrigerated box truck for the Coachella V... Page 216 of 264 6 Section 11. Grant Contingency Clause

a. The Parties acknowledge that this Agreement is funded, in whole or in part, through the Grant. City has a superseding obligation to comply with all terms, conditions, and requirements set forth in the Grant Terms. In the event that any part of this Agreement is found to be inconsistent with the terms, conditions, or requirements of the Grant, as determined by the City, City reserves the right to terminate this Agreement.

b. Termination for inconsistency with Grant Terms. Upon termination, City shall not be liable to the Subrecipient for any claims, damages, or compensation of any kind, including but not limited to lost profits, expenses, or any other amounts arising under or related to this Agreement.

Section 12: Termination.

a. City may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Subrecipient. In the event such notice is given, Subrecipient shall cease immediately all work in progress.

b. Subrecipient may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.

c. If either Subrecipient or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Subrecipient, or City may terminate this Agreement immediately upon written notice.

d. Upon termination of this Agreement by either Subrecipient or City, all property belonging exclusively to City which is in Subrecipient’s possession shall be returned to City.

e. If this Agreement is terminated for any reason whatsoever by either Party, prior to the term of this Agreement, Subrecipient shall remit the Truck back to the City in a manner that allows for ordinary wear and tear to the Truck.

f. The City Manager is hereby delegated to terminate this Agreement if necessary.

Section 13. Amendment

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by City and Subrecipient.

Section 14. Binding Effect

This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the Parties.

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This Agreement shall be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

Section 16. Assignment.

The expertise and experience of Subrecipient are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Subrecipient under this Agreement. In recognition of that interest, Subrecipient shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Subrecipient’s duties or obligations under this Agreement without the prior written cons ent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null, and void and shall constitute a material breach of this Agreement entitling the City to any and all remedies at law or in equity, including termination of this Agreement . City acknowledges, however, that Subrecipient, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

Section 17. Entire Agreement

This Agreement, including the attached Exhibit s, is the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between the Parties prior to the execution of this Agreement. No statements, representations, or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

[S
IGNATURE PAGE FOLLOWS]

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AGREEMENT
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF INDIO

___________________________
Bryan H. Montgomery
City Manager
ATTEST:

CITY CLERK
By: ___________________________
Sabdi Sanchez, CMC
City Clerk Administrator

APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________

SUBRECIPIENT

By:

Its:

By:

Its:

Authorize the purchase of one refrigerated box truck for the Coachella V... Page 219 of 264 9 EXHIBIT A
Correspondence with Grant Manager, Dated 8/15/2024

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Good morning Sara,

The Coachella Valley Rescue Mission (CVRM) can own the truck if the City and CVRM have a service agreement.

Here is some information: Frequently Asked Questions: SB 1383 Local Assistance Grant Program, FY 2022–23 - CalRecycle Home Page.

Annabel Farrall
Program Advisor/Grant Manager
Financial Resources Management Branch
Department of Resources Recycling and Recovery (CalRecycle) [email protected]|(916) 341-6296
1001 I Street, Sacramento, CA 95814

From: Sara Toyoda <[email protected]>
Sent: Thursday, August 15, 2024 9:19 AM
To: Farrall, Annabel@CalRecycle <[email protected]> Cc: Juan Raya <[email protected]>
Subject: Re: OWR2 Payment Request - City of Indio

Good morning, Annabel.

We are having some difficulty purchasing a refrigerated truck for the Coachella Valley Rescue Mission because according to OWR, the City will have to own the truck. The City is under strict regulations from CARB when it comes to trucks. We found a truck but even though it is new, we would only be able to use it for one year before it would have to be replaced due to air regulations. We found another but we are trying to determine if we have enough electric vehicles to be qualified to purchase it.

Are there any options to allow CVRM to own the truck?

From: Farrall, Annabel@CalRecycle <[email protected]> Sent: Tuesday, August 6, 2024 7:25 AM
To: Sara Toyoda <[email protected]>
Subject: RE: OWR2 Payment Request - City of Indio

WARNING: External email. Please verify sender before opening attachments or clicking on links.

Authorize the purchase of one refrigerated box truck for the Coachella V... Page 221 of 264 Good morning Sara,

Yes, the refrigerated truck is eligible for food rescues. Please submit the budget revision request with justification for OWR2 and OW4. I have attached the templates for both cycles for you.

Please let me know if you have any questions.

Thank you,

Annabel Farrall
Program Advisor/Grant Manager
Financial Resources Management Branch
Department of Resources Recycling and Recovery (CalRecycle) [email protected]|(916) 341-6296
1001 I Street, Sacramento, CA 95814

From: Sara Toyoda <[email protected]>
Sent: Monday, August 5, 2024 3:08 PM
To: Farrall, Annabel@CalRecycle <[email protected]> Subject: Re: OWR2 Payment Request - City of Indio

Hi, Annabel.

I just spoke with the Coachella Valley Rescue Mission and they are located in Indio and receive food donations from the local grocery stores. They provide over 1000 meals a day to food insecure folks. They have a refrigerated truck that just broke down and cannot be fixed. A used refrigerated truck cost about $80,000. I would like to use the SB1383 grant funds to purchase this equipment and let the Rescue Mission use this equipment. Is this an allowable expense? Also, I can put some of the funding into the OWR2 budget that I am finalizing but I would have to change OWR 4 budget to include some of the cost as well. I have spent too much in OWR2 to cover the entire cost. Would it be acceptable to send the OWR 2 revised budget and an OWR 4 budget change request that reflects this equipment?

From: Farrall, Annabel@CalRecycle <[email protected]> Sent: Tuesday, July 30, 2024 2:34 PM
To: Sara Toyoda <[email protected]>
Subject: RE: OWR2 Payment Request - City of Indio

WARNING: External email. Please verify sender before opening attachments or clicking on links.

Sounds good. Thanks Sara.

Authorize the purchase of one refrigerated box truck for the Coachella V... Page 222 of 264

EXHIBIT B
SB 1383 Local Assistance Grant Program Procedures and Requirements (Amended August 2024)

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SB 1383 Local Assistance Grant Program (FY 2021–22)
Second Round Funding, Amended August 2024
1 January 2022
Amended August 2024
Department of Resources Recycling and Recovery
Exhibit B
Procedures and Requirements
SB 1383 Local Assistance Grant
Program
Second Round Funding
Fiscal Year 2021–22
Amended August 2024
Copies of these Procedures and Requirements must be shared with both the Grantee’s Finance Department and the staff responsible for implementing the grant activities.

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Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22)
Second Round Funding, Amended August 2024
2 Table of Contents

Introduction ................................................................................................................... 3 Milestones ...................................................................................................................... 3 Grants Management System (GMS) ............................................................................. 3 Accessing the Grant .................................................................................................... 3 Contact Updates .......................................................................................................... 4 Prior to Commencing Work .......................................................................................... 5 Reliable Contractor Declaration ................................................................................... 5 Grant Term ..................................................................................................................... 6 Eligible Costs ............................................................................................................... 6 Ineligible Costs ............................................................................................................ 7 Modifications ................................................................................................................ 8 Acknowledgements ..................................................................................................... 8 Reporting Requirements .............................................................................................. 9 Electronic and Original Signatures .............................................................................. 9 Progress Report ........................................................................................................ 10 Final Report ............................................................................................................... 10 Grant Payment Information ........................................................................................ 10 Expenditure Itemization Summary and Documentation ......................................... 11 Unspent Funds ....................................................................................................... 12 Audit Considerations ................................................................................................. 12

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Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22)
Second Round Funding, Amended August 2024
3 Introduction
The Department of Resources Recycling and Recovery (CalRecycle) administers the SB 1383 Local Assistance Grant Program. These Procedures and Requirements describe project and reporting requirements, report due dates, report contents, grant payment conditions, eligible and ineligible project costs, project completion and closeout procedures, and records and audit requirements.

This document is attached to, and incorporated by reference, into the Grant Agreement.

Milestones
September 1, 2022: Grant Term Begins
March 1, 2023: Expenditure Itemization Summary 1 Due
• C overing expenses from September 1, 2022 through February 28, 2023 September 1, 2023: Expenditure Itemization Summary 2 Due • C overing expenses from March 1, 2023 through August 31, 2023 March 1, 2024: Expenditure Itemization Summary 3 Due
• C overing expenses from September 1, 2023 through February 29, 2024 September 2, 2024 M arch 3, 2025: Expenditure Itemization Summary 4 Due • C overing expenses from March 1, 2024 through September 2, 2024March 3, 2025
September 2 2024 M arch 3, 2025: Final Report Due
• C overing activities from September 1, 2022 through September 2, 2024March 3, 2025
September 2, 2024March 3, 2025: Grant Term End

Note: These dates are subject to change. If they change, Grant Managers will notify the Awardees immediately.

Grants Management System (GMS)
GMS is CalRecycle’s web-based grant application and Grants Management System.

Access to GMS is secure; grantees must log in using a WebPass. WebPass accounts are tied to a specific email address. If an email address changes, or if it becomes inactive, the grantee must create a new WebPass account to continue accessing GMS.

Establish or manage a WebPass at CalRecycle’s WebPass page (https://secure.calrecycle.ca.gov/WebPass/).

Accessing the Grant
Grantees must log in to GMS (https://secure.calrecycle.ca.gov/Grants) us ing their web pass. After logging in, locate the grant in the My Awarded/Open Grants table and

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Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22)
Second Round Funding, Amended August 2024
4 select the Grant Management link. The Grant Management Module includes the following sections:
• Summary tab: Shows approved budget, paid and remaining amounts. (This section is available to the grantee in read-only mode.) • Payment Request tab: Grantee uploads expenditure documentation. • Reports tab: Grantee uploads required reports.
• Documents tab: Grantee uploads all other grant documents that are not supporting documents for an expenditure or a report. This section also provides access to documents that were uploaded within other sections of GMS.

Follow the instructions in GMS to work in the system. The following sections describe the reports, transactions, and supporting documents CalRecycle requires.

Contact Updates
Access to the grant is limited to those listed in the Contacts tab of the Application Module with the “Allow Access” check box marked. A contact may be listed but not granted access by not checking the box. Please note, if a contact is granted access to a grant they will be able to edit contacts, submit payment requests, upload reports, and view all documents. Those with access may update contact information for all contact types except Signature Authority. Email the assigned Grant Manager regarding any changes to Signature Authority information.

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Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22)
Second Round Funding, Amended August 2024
5 Prior to Commencing Work
Prior to commencing work under this grant, the grantee’s Grant Manager or primary contact and authorized grant Signature Authority should review the Terms and Conditions (Exhibit A) and the Procedures and Requirements (Exhibit B) to identify key grant administrative requirements. Evaluation of the grantee’s compliance with these requirements is a major focus of grant audits.

Reliable Contractor Declaration
Prior to authorizing a contractor or subcontractor to commence work under this grant, the grantee shall submit to the Grant Manager a declaration from the contractor or subcontractor, signed under penalty of perjury, stating that within the preceding three (3) years, none of the events listed in section 17050 of Title 14 (https://www.calrecycle.ca.gov/Laws/Regulations/Title14/), California Code of Regulations, Natural Resources, Division 7, has occurred with respect to the contractor or subcontractor. The grantee must submit this form for each contractor and subcontractor working under the grant.

I
f a contractor or subcontractor is placed on the CalRecycle Unreliable Contractor List (https://www.calrecycle.ca.gov/Funding/Unreliability/) after award of this grant, the grantee may be required to terminate the contract. Obtain the Reliable Contractor Declaration form (CalRecycle 168) from CalRecycle's Grant Forms web page (https://www.calrecycle.ca.gov/Funding/Forms/).

T
he grantee must upload a scanned copy of each signed Reliable Contractor Declaration form in GMS. To upload the form:

1. Go to the Reports tab.

2. Click on Reliable Contractor Declaration under Report Type.

3. Click the Add Document button.

4. Select Reliable Contractor Declaration in the Document Type drop down box, enter a document title, click the Browse button to search and upload the document, and then Save.

5. Click on the Submit Report button.

For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above).

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Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22)
Second Round Funding, Amended August 2024
6 Grant Term
The Grant Term begins on September 1, 2022 and ends on September 2, 2024March 3, 2025. The grantee must make all grant-eligible program expenditures and incur all grant-eligible costs within this period. Expenditures made or costs incurred prior to September 1, 2022 or after the grant term end date will be considered ineligible.

The F inal Report, final Expenditure Itemization Summary, and Certification Document are due on September 2, 2024 March 3, 2025.

Eligible Costs
Grantees may incur eligible costs only during the Grant Term, which starts on September 1, 2022, and ends September 2, 2024 March 3, 2025. All grant expenditures must be for activities, products, and costs specifically included in the approved Budget. Costs must be incurred after the term start date. All services must be provided, and goods received during this period in order to be eligible costs.

E
ligible costs include:
• Personnel
• Consultants
• Safety Equipment
• Vehicles/Trucks
o F or compost procurement activities - Vehicles/tractors, turf tires, forklifts or compost slingers
Note: The Grantee needs to own and control the vehicle, however they may allow participants to use the vehicle for grant implementation purposes only.

• Education and Outreach materials
o Print Media
o Television, radio, video, and social media
o Materials offered in other languages
• Door-to-Door Outreach
• Signage
• Recordkeeping or tracking software
o Software to match donor with food bank
o Recordkeeping/reporting software
o Procurement tracking software
o Apps for food recovery
• Inspections and Enforcement
• Training
• Tablet/Electronic Devices (seven inches or more measured diagonally) used for the purposed of organic tracking and Education and Outreach o Maximum price of $500 (excluding sales tax) and limit to one (exceptions may be approved on a case-by-case basis)
o Accessories used for security, protection, and charging

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SB 1383 Local Assistance Grant Program (FY 2021–22)
Second Round Funding, Amended August 2024
7 • Equipment
o For larger items, The Grantee needs to own and control the equipment, however, they may allow participants use of said equipment for grant implementation purposes.
• Bins (green and blue only) and lids
o Includes, but is not limited to, curbside, small household food waste pail, labeling, and liners
• Procurement of recovered/recycled organic products
• Equipment
o Food distribution - included refrigeration, coolers, and packing materials Ineligible Costs
Any costs not specifically included in the approved Budget and not directly related to grant implementation will be considered ineligible. The grantee should contact the Grant Manager if clarification is needed.

I
neligible costs include, but are not limited to:
• Costs incurred prior to Sept ember 1, 2022 or after September 2, 2024 March 3, 2025
• Development, purchase, or distribution of strictly promotional give-away items Stuff We All Get, (SWAG) (https://www.calrecycle.ca.gov/Funding/SWAG/) • Purchase or lease of land or buildings
• Equipment or services not directly related to grant implementation • Food dehydrators or liquefiers
• Disposal costs
• Costs currently covered by or incurred under any other CalRecycle loan, grant, or contract
• Cell phones
• Purchase of data plans and/or mobile service plans/hotspots • Costs related to website host and web page domain
• Audit expenses
• Sponsorship or licensing fees for events/programs
• Out-of-state travel
• Conferences and symposiums
• Food or beverages (e.g., as part of meetings, workshops, or events) • Travel costs exceeding the state-approved rates for mileage, per diem, lodging, etc.
o Refer to the Memorandum
(https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx) for travel policies.
o Reimbursement rates are subject to change at any time by the State of Calif
ornia without prior notification.
• Personnel costs not directly related to grant activities • Fines or penalties due to violation of federal, state, or local laws, ordinances, or regulations
• Any costs for construction projects by charter cities prohibited by Labor Code section 1782

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Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22)
Second Round Funding, Amended August 2024
8 • Any costs not consistent with local, state, or federal laws, guidelines, and regulations
• Costs deemed unreasonable or not related to the project by the Grant Manager

Modifications
The grantee must submit any proposed revision(s) to the project in writing to the Grant Manager. The grantee may not incur costs or make expenditures based on the revision without first receiving the Grant Manager’s written approval. Proposed revisions must be accompanied by a summary of proposed changes or modifications, including justification for the proposed changes. If approved, the Grant Manager will upload the final revised changes to GMS and notify the grantee. The grantee should retain the approval document(s) for audit purposes. See the “Audit Record/Access” section of the Terms and Conditions (Exhibit A).

Acknowledgements
The grantee shall acknowledge CalRecycle’s support each time a project is funded, in whole or in part, by this Agreement is publicized in any medium, including news media, brochures, or other types of promotional materials. The acknowledgement of CalRecycle’s support must incorporate the CalRecycle logo. Initials or abbreviations for CalRecycle shall not be used. The Grant Manager may approve deviation from this requirement on a case-by-case basis where such deviation is consistent with CalRecycle’s Communication Strategy and Outreach Plan.

The following items require acknowledgement of funding from CalRecycle and pre- approval from the CalRecycle Grant Manager prior to incurring the expense:
• All television, radio and video scripts
• Functional premiums, if the per unit price is greater than $6.00 • Advertisements
• Audio and/or visual material
• Brochures
• Newspaper ads
• Pamphlets
• Other outreach

All publicity and education materials must include the following:

1. “Funded by a grant from CalRecycle.” Exception: The acknowledgement line is not required on small items where space constraints would not allow for this line or if it would interfere with the message.
o There are two acceptable Spanish translations: “Financiado por una beca del CalRecycle” or “Patrocinado por fondos del CalRecycle.” For other languages, the Grantee must work with a certified translator or person fluent in reading and writing that language. All exceptions must be pre- approved in writing by the CalRecycle Grant Manager.

2. CalRecycle logo (https://www.calrecycle.ca.gov/gallery/) as reflected on the CalRecycle website, can be obtained from the Office of Public Affairs at [email protected].

3. Press Releases – the only requirement is to place the name of “CalRecycle” as an acknowledgement in the body of the release.

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Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22)
Second Round Funding, Amended August 2024
9 Reporting Requirements
The Grant Agreement requires a Final Report; however, the Grant Manager may require additional status information at any time during the Grant Term. Failure to submit the Final Report with appropriate documentation by the due date may result in forfeiture by the grantee of any unspent funds received under this agreement, and repayment of all funds to CalRecycle.

The grantee must upload all reports in GMS. For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above).

To upload a report:

1. Go to the Reports tab.

2. Click on the appropriate Report Type.

3. Click on the Add Document button.

4. Choose the Document Type, enter a document title, click the Browse button to search and upload the document, and then Save.
• Select the Back button to upload another document and continue the process until all required documents as listed below are uploaded. • The maximum allowable file size for each document is 35MB.

5. Click the Submit Report button to complete your report submittal. The Submit Report button will not be enabled until all required reporting documents are uploaded.

Failure to comply with the specified reporting requirements may be considered a breach of the Grant Agreement and may result in the termination of the Grant Agreement, and/or forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding. The grantee must report any problems or delays immediately to the Grant Manager.

Electronic and Original Signatures
CalRecycle now allows for certified e-Signature or original wet signature on documents or forms that certify legally binding information.

Note: E-signatures must include the first and last name of the Signature Authority, be in the Adobe Digital ID format (or through another certified digital signature program) and cannot be the “Fill and Sign” function within Adobe. Any documents using the “Fill and Sign” method is considered incomplete and may be sent back to the grantee.

If you have questions, email [email protected].

Authorize the purchase of one refrigerated box truck for the Coachella V... Page 232 of 264

Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22)
Second Round Funding, Amended August 2024
10 Progress Report
Grantees with awards over $1,000,000 will need to collect and submit information on any jobs created or paid by the grant on a bi-annual basis. Grant Managers will work with Grantees on when and how to submit the information. CalRecycle will provide a report template at a later date. Progress reports must include the following:
• Jobs
o Provide number of jobs created and paid for in whole or in part by this grant during the reporting period. Include job title or classification, job permanence, total project work hours, hourly pay rates or salaries, as well as benefits from the job, such as healthcare, paid vacation or sick leave and hiring strategy.
• Jobs provided to members of Priority Populations.
o In addition to the item, above, provide the same jobs information for any positions filled by members of priority populations. More information about Priority Populations can be found at California Air Resources Board Priority Population Investments webpage (www3.arb.ca.gov/cc/capandtrade/auctionproceeds/communityinvestm ents.htm).

N
ote: This requirement is subject to change at CalRecycle’s discretion. If any reporting requirement changes, Grant Managers will notify the Awardees.

Final Report
The Final Report is due September 2, 2024 (report template will be provided at a later date). This report should cover grant activities from September 1, 2022 through September 2, 2024March 3, 2025. The grantee must include the following items in the Final Report:

1. T he Grant Number, grantee’s name, and Grant Term.

2. The following disclaimer statement on the cover page:
“The statements and conclusions of this report are those of the grantee and not necessarily those of the Department of Resources Recycling and Recovery (CalRecycle), its employees, or the State of California. The state makes no warranty, express or implied, and assumes no liability for the information contained in the succeeding text.”

Note: This requirement is subject to change at CalRecycle’s discretion. If any reporting requirement changes, Grant Managers will notify the Grantees.

Grant Payment Information
• CalRecycle will make grant payments to only the grantee. It is the grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services. CalRecycle will make payments to the grantee as promptly as fiscal procedures permit.
• The grantee must provide a Reliable Contractor Declaration (CalRecycle 168) (https://www.calrecycle.ca.gov/Funding/forms/) signed under penalty of perjury by the grantee’s contractors and subcontractors in accordance with the “Reliable Contractor Declaration” section of the Terms and Conditions (Exhibit A). The declaration must be received and approved by the Grant Manager prior to

Authorize the purchase of one refrigerated box truck for the Coachella V... Page 233 of 264

Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22)
Second Round Funding, Amended August 2024
11 commencement of work. See the “Reliable Contractor Declaration” section in Terms and Conditions (Exhibit A) for more information.

E
xpenditure Itemization Summary and Documentation
The grantee must submit the EIS and Certification Document (a template will be provided at a later date) in GMS. For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above). Please refer to the “Milestones” section (above) for required due dates.

• Expenditure Itemization Summary (EIS)
o All expenditures must be itemized and arranged by the reporting and expenditure categories as contained in the grantee’s Budget tab. o Grantees are required to maintain supporting documentation pertaining to the EIS and may be required to provide them at the request of the Grant Manager at any time.
• Certification Document
o The Signature Authority will need to certify under penalty of perjury that information provided in the EIS is correct.

Note: This requirement is subject to change at CalRecycle’s discretion. If any expenditure reporting requirement changes, Grant Managers will notify the Awardees.

Failure to submit the EIS and Certification Document by the due date may result in the forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding.

To submit an EIS:

1. Go to the Payment Request tab.

2. Click on the Create a Payment Request button.
a. Choose Advance Reconcile for the Transaction Type and enter the amount spent in each budget subcategory.
b. When the transaction is complete, click the Save button. c. After the transaction is saved, the Upload Supporting Documents button will appear in the lower right corner.

3. Click the Upload Supporting Documents button.
a. Choose the Document Type, enter a document title, click the Browse button to search and upload the document, and then Save. b. Select the Back button to upload another document and continue this process until all required supporting documents as listed below are uploaded.
c. The maximum allowable file size for each document is 35MB.

4. Click the Submit Transaction button, located on the transaction page, to complete your payment request. The Submit Transaction button will not be enabled until all required supporting documents are uploaded.

Note: Once a transaction is saved, select the transaction number from the Payment Request tab to access it again. Please do not create multiple transactions for the same requested funds.

Authorize the purchase of one refrigerated box truck for the Coachella V... Page 234 of 264

Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22)
Second Round Funding, Amended August 2024
12 Unspent Funds
Funds that are unspent at the end of the grant term must be returned by check to CalRecycle by October 16, 2024March 14, 2025. Checks should be made payable to the Department of Resources Recycling and Recovery. Checks must contain the Grant Number (i.e., OWR2-21-xxxx), specify “SB 1383 Local Assistance Grant Unspent Funds,” and be mailed to:

CalRecycle Accounting
SB 1383 Local Assistance Grant Unspent Funds
PO Box 4025
Sacramento, CA 95812-4025

Unspent funds due to CalRecycle but left unpaid may result in ineligibility for future grant and payment program funding. If there are questions or other issues related to expenditures, work with your Grant Manager to resolve these issues.

Audit Considerations
The grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant subject to possible audit for a minimum of three (3) years after Final Report approval date or Grant Term end date, whichever is later. CalRecycle may stipulate a longer period of records retention in order to complete any action and/or resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later.

Examples of audit documentation include, but are not limited to, competitive bids, grant amendments, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, Expenditure Itemization Summary forms, payment supporting documentation, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices, and cancelled checks. Please refer to the Terms and Conditions (Exhibit A) for more information.

Authorize the purchase of one refrigerated box truck for the Coachella V... Page 235 of 264 Vehicle Details
2020 Freightliner M2 154,415 miles $81,250 USD
Interested in this vehicle?
Call 1-866-309-1962
Phone Hours:

M-F 8:00 am to 8:00 pm ET
Sat 9:00 am to 3:00 pm ET
❮
❯
Unit #339228
Refrigerated Truck
Fontana, CA
Used Truck Center - Fontana, CA
Condition: Level 1
Vehicle Specifications
Vehicle Type Refrigerated Truck
Year 2020
Manufacturer Freightliner
Model M2
Location Fontana, CA 92335, US
Unit # 339228
VIN Number 3ALACWFC4LDLN5530
Color White
A/C Yes
Collision Warning No
Collision Model
Backup Camera No
General Details
Manufacturer Cummins
Engine
Manufacturer Morgan
Load Length 26'0"
Height 13'0"
Width 8'6"
Lift Gate Yes
Lift Gate Type Tuckaway
Lift Gate Model GPT3LM
Lift Gate Capacity 3000
Rear Door Roll Overhead
Side Door Curb Side
Floor Type INVERTED T - ANTISKID
Roof Type ALUMINUM
Body
Type Automatic
Transmission
1/6/25, 2:59 PM Search Inventory - Penske Used Trucks
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Authorize the purchase of one refrigerated box truck for the Coachella V... Page 236 of 264 Contact Penske to verify information such as photos, location, and spec details as they are subject to change. Mileage is recorded at time of listing and is subject to change. Fees including taxes are not included in the listed price. Vehicles purchased from Penske must be used for commercial purposes only.

Sales Department
Contact Penske at 1-866-309-1962 to learn more about this vehicle and how to purchase a Penske Used Truck.

Model B6.7
Horsepower 220
Engine Brake
GVW 26000
CDL Required No
Suspension Air
Chassis
Ratio 5.57
No. of Drive Axles 1
Total No. of Axles 2
Wheel Base 270"
Front Axle Cap. 10000
Rear Axle Cap. 19000
Brake Type Air
Tire Size 11R22.5
Axle Specs
Manufacturer Eaton
Model 6F107A
Speeds 7
No. of Tanks Single
Type DIESEL
Capacity 80
Fuel
Refrig. Make Thermo King
Refrig. Model T1080R50
Refrig. Hours 8660
Refrig. StandBy Yes
Refrigeration
© 2025 Penske. All Rights Reserved.

Privacy Policy Terms and Conditions
1/6/25, 2:59 PM Search Inventory - Penske Used Trucks
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Authorize the purchase of one refrigerated box truck for the Coachella V... Page 237 of 264 Vehicle Details
2018 Hino 268 113,508 miles
NOW $73,500 USD
Was $78,500
Save $5,000 on Select Medium DutyTrucks -$5,000
Interested in this vehicle?
Call 1-866-309-1962
Phone Hours:

M-F 8:00 am to 8:00 pm ET
Sat 9:00 am to 3:00 pm ET
❯

SAVE NOW
Unit #179069
Refrigerated Truck
Fontana, CA
Used Truck Center - Fontana, CA
Condition: Level 1
Vehicle Specifications
Vehicle Type Refrigerated Truck
Year 2018
Manufacturer Hino
Model 268
Location Fontana, CA 92335, US
Unit # 179069
VIN Number 5PVNJ8JT8J4S58173
Color White
A/C Yes
Collision Warning No
Collision Model
Backup Camera No
General Details
Engine
Manufacturer Morgan
Load Length 24'0"
Height 13'0"
Width 8'6"
Lift Gate Yes
Lift Gate Type Tuckaway
Lift Gate Model HLFAP30
Lift Gate Capacity 3000
Rear Door Roll Overhead
Side Door Curb Side
Floor Type INVERTED T ANTISKID
Roof Type
Body
Transmission
1/6/25, 3:01 PM Search Inventory - Penske Used Trucks
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Authorize the purchase of one refrigerated box truck for the Coachella V... Page 238 of 264 Contact Penske to verify information such as photos, location, and spec details as they are subject to change. Mileage is recorded at time of listing and is subject to change. Fees including taxes are not included in the listed price. Vehicles purchased from Penske must be used for commercial purposes only.

Sales Department
Contact Penske at 1-866-309-1962 to learn more about this vehicle and how to purchase a Penske Used Truck.

Manufacturer Hino
Model J08E-WU
Horsepower 230
Engine Brake
GVW 25950
CDL Required No
Suspension Air
Chassis
Ratio 5.57
No. of Drive Axles 1
Total No. of Axles 2
Wheel Base 253"
Front Axle Cap. 10000
Rear Axle Cap. 19000
Brake Type Air
Tire Size 11R22.5
Axle Specs
Type Automatic
Manufacturer Allison
Model 2200RDS
Speeds 6
No. of Tanks Single
Type DIESEL
Capacity 70
Fuel
Refrig. Make Carrier
Refrig. Model SUPRA660
Refrig. Hours 1524
Refrig. StandBy No
Refrigeration
© 2025 Penske. All Rights Reserved.

Privacy Policy Terms and Conditions
1/6/25, 3:01 PM Search Inventory - Penske Used Trucks
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Authorize the purchase of one refrigerated box truck for the Coachella V... Page 239 of 264 Vehicle Details
2018 Freightliner M2 147,464 miles $72,750 USD
Interested in this vehicle?
Call 1-866-309-1962
Phone Hours:

M-F 8:00 am to 8:00 pm ET
Sat 9:00 am to 3:00 pm ET
❯
Unit #314173
Refrigerated Truck
Fontana, CA
Used Truck Center - Fontana, CA
Condition: Level 1
Vehicle Specifications
Vehicle Type Refrigerated Truck
Year 2018
Manufacturer Freightliner
Model M2
Location Fontana, CA 92335, US
Unit # 314173
VIN Number 3ALACWFC8JDJH4441
Color White
A/C Yes
Collision Warning No
Collision Model
Backup Camera No
General Details
Manufacturer Cummins
Engine
Manufacturer Supreme
Load Length 26'0"
Height 13'0"
Width 8'6"
Lift Gate Yes
Lift Gate Type Tuckaway
Lift Gate Model HLFAP30
Lift Gate Capacity 3000
Rear Door Roll Overhead
Side Door Curb Side
Floor Type INVERTED T ANTISKID
Roof Type
Body
Type Automatic
Transmission
1/6/25, 3:01 PM Search Inventory - Penske Used Trucks
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Authorize the purchase of one refrigerated box truck for the Coachella V... Page 240 of 264 Contact Penske to verify information such as photos, location, and spec details as they are subject to change. Mileage is recorded at time of listing and is subject to change. Fees including taxes are not included in the listed price. Vehicles purchased from Penske must be used for commercial purposes only.

Sales Department
Contact Penske at 1-866-309-1962 to learn more about this vehicle and how to purchase a Penske Used Truck.

Model B6.7
Horsepower 220
Engine Brake
GVW 26000
CDL Required No
Suspension Air
Chassis
Ratio 5.56
No. of Drive Axles 1
Total No. of Axles 2
Wheel Base 270"
Front Axle Cap. 10000
Rear Axle Cap. 19000
Brake Type Air
Tire Size 11R22.5
Axle Specs
Manufacturer Eaton
Model 6F107A
Speeds 7
No. of Tanks Single
Type DIESEL
Capacity 80
Fuel
Refrig. Make Carrier
Refrig. Model SUPRA960
Refrig. Hours 9932
Refrig. StandBy Yes
Refrigeration
© 2025 Penske. All Rights Reserved.

Privacy Policy Terms and Conditions
1/6/25, 3:01 PM Search Inventory - Penske Used Trucks
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Authorize the purchase of one refrigerated box truck for the Coachella V... Page 241 of 264 As of August 1, 2024
MEDIUM DUTY CLASS 5-7
The NTP ULTRA 2 Equipment Protection Plan offers you the most comprehensive aftermarket commercial truck coverage in the industry. Whether you’re buying your /f_irst truck, or growing your business, one major equipment failure with expensive repairs could derail your livelihood. Why risk it? Get peace of mind from the company that truck owners have trusted since 1983.

The NTP ULTRA 2
®
Equipment Protection Plan
Will Give You Peace Of Mind.

Make The Smart Business Decision
• A used truck by age and miles will have major
equipment failure. You just don’t know when,
where, or how much it will cost.
• Having comprehensive coverage to pay for
unplanned catastrophic equipment failure,
protects your business and your livelihood.
• Our equipment protection plan is a vehicle
service contract that gives you peace of mind
that /f_ixing major repairs won’t “break the bank.”
You Can Trust National Truck Protection
• National Truck Protection has been protecting
single truck and small /f_leet owner operators
longer than anyone, since 1983.
• NTP has 6,100+ certi/f_ied repair center partners
throughout the US and Canada.
• We manage all claims and pay repairs quickly.

No outside administrator.
• The NTP ULTRA 2 program gives you NO LIMITS
on engine and trans & rear repairs, and no labor
rate cap. See Covered Components Summary.
• 61% of claims paid
were over $ 5,000.
• Total claims paid for
top 1,000 contracts
averaged $31,055.

Claims Paid Over Full Contract Term
Costs are actual total repairs paid by NTP
on contracts reaching full term 2019-2023.
$5,000 +
61%
$1,000 -
$4,999
39%
© 2024 NTP
Costs of Major
Equipment Repairs
Aftertreatment/
Emissions
$ 3,000 / $ 12,500
Engines
$9,500 / $ 26,500
© 2024 NTP
Fuel Pump
$ 4,800 / $7,500
Class 5-7 Trucks

MEDIUM DUTY
Injectors
$5,300 / $10,300
Pistons
$13,000 / $ 15,000
Transmission
$6,500 / $12,000
Turbocharger(s)
$5,000 / $13,000
Radiator
$ 2,500 / $3,000
A component repair cost will vary based on the repair needed.

Source: Data is all claims paid by NTP in 2023.
/$9,500
Average Claim Paid For All
Repairs On That Component
$26,500
Average Claim Paid For Top 20
Repairs On That Component
CLAIMS PAID EXAMPLE (Engine):

Authorize the purchase of one refrigerated box truck for the Coachella V... Page 242 of 264 Mileage Surcharge >250,000 Miles
RATES
As Of August 1
, 2024
ULTRA 2
®
Equipment Protection Plans
For Penske
Model age must be 8 years or newer from current calendar year; start miles <350,000 miles; contract expires at 500,000 total miles. * Programs also available for “Green” vehicles. Ask your Sales Rep. ** Based on Program Term 877-950 -3200 [email protected] ntpwarranty.com
$350 deductible per occurrence
Additional Coverage Options
Rental Truck Program $159(7 Days) $319(14 Days)
Rapid Repair Guarantee Plus® INCLUDED IN

ALL PROGRAMS
Comfort Package®
(must match contract term) $799
36 Months
$699
24 Months
$499
12 Months
MEDIUM DUTY CLASS 5 -7
THE MOST COMPREHENSIVE COVERAGE, AT THE BEST VALUE!
COVERAGE + COST = BEST VALUE
Best Value Coverage: Engine, (including turbos, fuel injectors, fuel pump, water pump, ECM), Aftertreatment and Trans & Rears.

Our UL TRA 2 Equipment Protection Plans have no limits on engine, and trans and rear repairs.

Also included is Rapid Repair Guarantee Plus
®
and towing allowances. (See contract for details)
+ $595
Engine, Aftertreatment, Transmission & Rear Differential Engine, Transmission & Rear Differentials
36 Months / 150k Miles
Models 8 Yrs or Newer
(from current calendar year)
$7,295
$5,195
Your Cost / Mile**

4.9¢

3.5¢

BEST VALUE
Engine, Aftertreatment, Transmission & Rear Differential Engine, Transmission & Rear Differentials
12 Months / 50k Miles
*
Models 8 Yrs or Newer
(from current calendar year)
$4,495
$2,695
Your Cost / Mile**

9.0¢

5.4¢
Engine, Aftertreatment, Transmission & Rear Differential Engine, Transmission & Rear Differentials
24 Months / 100k Miles
*
Models 8 Yrs or Newer
(from current calendar year)
$5,995
$3,895
Your Cost / Mile**

6.0¢

3.9¢
CLASS 5-7 Pricing
See vehicle service contract for all details.

See back for coverage summary.

All costs are in US dollars.

Authorize the purchase of one refrigerated box truck for the Coachella V... Page 243 of 264 ULTRA 2
®
Equipment Protection Plan
For Penske
Model age must be 8 years or newer from current calendar year; start miles <350,000 miles; contract expires at 500,000 total miles. © 2024 National Truck Protection
NUlt2PenClass57RCBroch072524
*Please refer to your signed vehicle service contract for complete coverage language and Limits of Liability. The Total Aggregate Limits of Liability for all covered claims shall not exceed the actual cash value (ACV) of the vehicle. 877-950 -3200 [email protected] ntpwarranty.com
Engine Fuel Injectors,
Water Pump, Fuel Pump
& ECM
• Complete Injector
• Fuel Injector Hard Lines
• Fuel Injection Pump
• Fuel Pump
• Engine Control Module (ECM)
• Water Pump
Turbo(s)
• Bearings
• Internal Variable Vane Assembly
• Turbine and Turbine Shaft
• Turbo Actuator
Aftertreatment
(LOL: 12 and 24 mo. $8,000; 36 mo. $12,000)
• Aftertreatment Electronic Control Module (ACM)
• Back Pressure Control Valve (BPV)
• Diesel Exhaust Fluid (DEF) Module with
Injection Nozzle
• DEF Heater Control Relay
• DEF Dosing Module - Wiring Harness
• DEF Heated Lines (3)
• DEF Heater Coolant Control Valve
• DEF Heating Elements
• DEF Heating Fittings (3 on Supply Module)
• DEF Pump and Module
• DEF Solution Level/Temperature Sensor
• DEF Tank
• Diesel Oxidation Catalyst (DOC)
• Diesel Particulate Filter (DPF)
• DPF Air, Fuel, and Coolant Lines
• DPF Air, Fuel, Manifold Assembly
• DPF Dosing Module
• Exhaust Gas Recirculation (EGR) Valves
• EGR Actuator
• EGR Connecting Bellows and Clamps
• EGR Cooler(s)
• Exhaust Piping, Clamps, and Gaskets
• Exhaust Throttle Valve
• Hydrocarbon Doser Injector (HC Doser, 7th Injector,
ARD, AHI Module)
• Hydrocarbon Doser Valve - Air, Fuel, and Coolant
Lines; and Inline Air Filter
• Hydrocarbon Doser Valve (Voss Valve)
• Selective Catalytic Reduction (SCR) Catalyst
• SCR Decomposition Pipe and Pipe Elbows
• Sensor, BPV Pressure
• Sensor, Delta P (DPF Pressure)
• Sensor, DOC Inlet Pressure
• Sensor, DOC (Post) Temperature
• Sensor, DOC (Pre) Temperature
• Sensor, DPF Air Supply Pressure
• Sensor, DPF Back Pressure
• Sensor, DPF Fuel Pressure
• Sensor, Lambda (O2 Sensor)
• Sensor, NOx (2)
• Sensor, Pressure After Exhaust Throttle Valve
• Sensor, SCR (Post) Temperature
• Sensor, SCR (Pre) Temperature
• Wiring Harness - Emission Systems (including overlay) Differential
• Axle Housing
• Axle Shafts
• Bearings
• Bushings
• Carrier Case
• Gear Sets
• Limited Slip Clutch Pack
Power divider
includes:
• Bearings
• Gears
• Shafts
• Shift Forks
Transmission
• Bands
• Bearings
• Blockers
• Bushings
• Drums
• Gear Sets
• Governor
• Oil Pump
• Shaft(s)
• Shift Forks
• Synchronizers
• Thrust Washers
• Torque Converter
• Valve Body
• Camshaft and Cam Bearings
• Cam Followers
• Connecting Rods
• Connecting Rod Bearings
• Connecting Rod Caps and Screws
• Crankshaft
• Cylinder Block Casting
• Cylinder Head and Head Gasket
• Cylinder Liners
• Cylinder Head Bolts
• Hydraulic Lifters
• Injector Cups
• Intake and Exhaust Valves
• Intake and Exhaust Valve Guides
• Main Bearings
• Oil Cooler and Housing
• Oil Pan
• Oil Pump Pick Up Screen and Tube
• Oil Pump Pressure Relief
Springs and Valves
• Pistons, Piston Rings and
Piston Oil Cooling Jets
• Pushrods
• Rocker Arms and Rocker Arm Shafts
• Thrust Washers
• Timing Gears
• Timing Gear Cover and Housing
• Valve Cover
• Valve Retainers and Keepers (Locks)
• Valve Seats and Valve Springs
• Wrist Pins
“Non-oil” related components:
• Exhaust Manifold
• Flywheel Housing
• Intake Manifold
• Thermostat Housing
• Vibration Dampener
Engine
Progressive Damage,
Wearout & Carbon Packing
Please refer to your contract for details
on Progressive Damage, Wearout and
Carbon Packing coverage.

Rapid Repair Guarantee Plus®
This program guarantees that once the claim
approval is complete, our National Repair
Network will have you on the road within 14
days, or we will pay you, or the lienholder,
half of your monthly truck payment, up to
$750. If repairs require more than 30 days
from the time the claim is approved, we will
pay you, or the lienholder, your total monthly
truck payment, up to $1,500.

INCLUDED
Comfort Package® (LOL $6,000)
• Alternator
• Charge Air Cooler
• Engine Air Compressor
• Fan Clutch
• Fuel Tanks, Cap, & Valve
• HVAC Air Compressor & Pulley
• HVAC Blower Motor & Resistor
• HVAC Fan Hub
• HVAC Heater Core
• HVAC Temperature Controls,
Control Head, & Control Valves
• Radiator & Radiator Cap
• Radio
• Starter & Starter Solenoid

OPTIONAL
Rental Truck Assistance
This program provides reimbursement for a rental truck while your truck is being repaired for a covered claim. We offer 7-day and 14-day programs and your rental days can be used as needed during your contract term. Rentals must be arranged with an authorized rental truck facility. Maximum reimburse- ment rates are speci/f_ied in your contract. Please contact an NTP Co. claims administrator prior to renting for other details. The driver renting the truck is responsible for showing proof of insurance, paying for fuel, mileage charges, and applicable vehicle damage that occurs during the rental period.

They may also be asked for a security deposit and proof of having their CDL for 2+ years.

OPTIONAL
Towing Bene/f_it
• Three $350 towing allowance per term
Terms & Deductibles
• Eligible trucks: 8 years and newer and less than 350K miles. • Total aftertreatment repair cap is $8,000 for the term of the contract on 12 and 24 months plans and $12,000 on 36 months plans.
• Aftertreatment coverage is one occurrence per component, per contract period.

Deductible: $350 per occurrence
• Engine, Transmission and Rears: Repair Cap of $25,000. • Exclusions: Progressive Damage, Repairs to all fuel delivery components, supply/mixer components, sensors, or spark ignition components. Any Failure due to improper fuel charge or mix.

Green Program Terms
National Truck Protection®
MEDIUM DUTY CLASS 5 -7
Covered Components Summary
$350 deductible per occurrence
LOL = Limits of Liability
Coverage Exclusions: Please refer to your vehicle service contract for complete list and details of covered and non-covered items.

UNDERWRITING
• NTP inspection process required
(NO LIMITS*)
(NO LIMITS*)
(NO LIMITS*)
(NO LIMITS*)
(NO LIMITS*)

Authorize the purchase of one refrigerated box truck for the Coachella V...Page 244 of 264 City of Indio
City Council
February 5, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Ian Cozens, Director of Information Technology Subject: Three-year Maintenance and Support Agreement for Laserfiche cloud and the associated support between the City of Indio and Complete Paperless Solutions in the amount of $99,750.00 purchased using the OMNIA Partners cooperative agreement.

RECOMMENDATION:

It is recommended that the City Council approve a three-year software maintenance and support agreement for Laserfiche Cloud, including VIP Support, in the amount of $33,250.00 per year for a total of $99,750.00 to be purchased as a sole source using the OMNIA Cooperative Purchasing Agreement through Complete Paperless Solutions.

SUMMARY:

The proposed agreement includes a three-year subscription to Laserfiche Cloud services, along with VIP Support. These services will be procured as a sole source purchase through Complete Paperless Solutions (CPS) under the OMNIA Cooperative Purchasing Agreement. OMNIA Partners public agency contracting model, ensures all cooperative contracts are compliant with public purchasing regulations and are competitively solicited for better efficiency and benefits to state and local governments procurement strategies. Sole sourcing using through the OMNIA Partners Cooperative Purchasing Agreement ensures the procurement process complies with competitive bidding requirements while allowing for the sole source acquisition of this critical solution. VIP Support skill continuous staff, for resources ensuring unlimited to access provides training development and the ability to leverage the platform's advanced features. The agreement also includes hands-on offering Conference, Empower Laserfiche to passes annual unlimited the training, insights into the latest product innovations, and networking opportunities with industry peers. The conference pass has a value of $1299.00 per person. Additionally, VIP Support ensures expedited responses to technical inquiries and access to dedicated support channels, minimizing downtime and ensuring continuity of operations

BACKGROUND INFORMATION:

The City of Indio has been using Laserfich for around twelve years. Two years ago, the City of Indio moved its Laserfiche repository to the Laserfiche Cloud. Laserfiche Cloud has enabled the City of Indio to streamline and enhance compliance with records retention policies and improve access to critical information across departments. Within the last year the City of Indio has named Laserfiche as its trusted system of record, meaning that it can store public records.

FINANCIAL SUMMARY:

AGENDA ITEM #10.10
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Impact:
$33,250.00 In current year budget:

Current FY General
Fund Impact:

Budget adjustment:

Next FY Financial
Impact:
$33,250.00 Strategic Objective:

Source of funds: Information Technology ISF Fund-Org-Object Reference:
602-531018

ATTACHMENTS:

Software Maintenance and Support Agreement 2025-2028

APPROVAL(S):

Ian Cozens, Director of Information Technology Approved - 24 Jan 2025 Jennifer A. Mizrahi, Assistant City Attorney Approved - 28 Jan 2025 Ruby D. Walla, Director of Finance Approved - 28 Jan 2025 Bryan H. Montgomery, City Manager Approved - 28 Jan 2025

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VIP Software Maintenance and Support Agreement

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Complete Paperless Solutions Maintenance and Support Agreement

This Agreement entered into between Complete Paperless Solutions, a California Limited Liability Company, ("CPS" or “Consultant”) at 5130 E. La Palma Avenue, Suite 206 Anaheim, California, 92807, and the City of Indio ("City”) at 100 Civic Center Mall, Indio, CA 92201 is for the Period of March 21, 2025, to March 20, 2028.

CPS shall provide maintenance and support services (“Services”) to the City as defined in this Agreement for the following Software and Hardware described as follows:

No. Description Qty

1. Laserfiche Business users* 25

2. Laserfiche Vault 1

3. CPS VIP Support 1
*Incl.: 1 database, Workflow, Forms Professional, Forms Portal, Web Client, Advanced Audit Trail, Records Management, Unlimited Public Portal, Snapshot, Email, Office integration, SDK/API, Digital Signatures, DocuSign integration, and 10 Quick Fields Complete.

Refer to Exhibit “A” for Project Description of Services

1. Annual Fee. City agrees to pay CPS in accordance with Exhibit “C” Compensation and Attachment 1 (Software Items, Details and Costs).

2. Period of Performance . CPS shall provide maintenance and support services to City, upon payment by City of the annual fee, for a period of one (1) year, starting with the date of this Agreement. This annual term may be extended each year, upon payment by City for the subsequent year as provided in Exhibit “ B” Contract Term and Exhibit “C” Compensation.

3. Maintenance. CPS shall use commercially reasonable best efforts to identify and resolve bugs, errors and other problems with the Product, whether discovered by CPS or reported by customers or from any other credible source. CPS may also elect to provide enhancements, updates or other changes to the Product at CPS’ sole discretion. CPS shall publish maintenance updates for Product at least annually to City, along with release notes, itemization of known problems or system errors, updates to product documentation and other data necessary for City to implement the update.

4. Support. CPS shall provide phone support to City from 7:00 AM to 6 :30 PM P ST on normal business days, excluding normal and customary holidays. CPS shall respond to City within 2 hours for VIP support, and shall provide a resolution or workaround within 24 hours for critical issues affecting system operation. CPS shall use commercial reasonable best efforts to answer questions, identify and resolve problems with the Product, and assist with operational procedures or work-arounds.

5. Service Limitations. CPS shall be under no obligation to provide Services as a result of (a) the operation of Product outside normal configurations described in Product documentation unless such configuration was approved in writing by CPS; (b) City’s material failure to maintain Product according to industry standards and conventions or

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VIP Software Maintenance and Support Agreement

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as required by Product documentation provided CPS has given City written notice of such failure and a reasonable opportunity to cure; (c) customization of Product by anyone other than CPS or its authorized representatives.

6. Brokers. CPS acknowledges, represents and warrants that CPS has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.

7. Termination. Any discretionary or vested right of renewal notwithstanding, this Agreement may be terminated upon ninety (90) days written notice by the City.

However, CPS shall be compensated for all authorized work satisfactorily performed prior to the effective date of termination. CPS shall remit a prorated refund of the annual payment within thirty (30) days of the date of termination.

8. Conflict of Interest. CPS acknowledges, represents and warrants that CPS shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. CPS further acknowledges, represents and warrants that CPS has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. CPS acknowledges that in the event that CPS shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one (1) year.

9. Non Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.

10. Compliance with Laws. CPS shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement.

11. Subcontracting and Assignment. Neither party shall assign its rights without the written consent of the other party. The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty five percent (25%) or more of the ownership interest in CPS or twenty five percent (25%) or more the voting control of CPS shall constitute an assignment for purposes of this Agreement.

12. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.

13. Confidentiality. To the extent permissible under law, CPS shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder. This confidentiality obligation shall survive the termination of this Agreement. CPS shall ensure that any permitted subcontractors are bound by equivalent confidentiality obligations.

14. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Riverside.

15. Attorneys’ Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled

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to reasonable attorneys’ fees (including expert witness fees) and costs. This provision shall survive the termination of this Agreement.

16. Claims. Any claim by CPS against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six (6) months after accrual of the cause of action.

17. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed, and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.

18. Limitation of Liability. CPS’ liability under this Agreement shall be limited to direct, objectively measured damages, provided that such limitation shall not apply to damages resulting from CPS' gross negligence, willful misconduct, or breach of its confidentiality obligations. In no event shall either party have any liability to the other for any indirect, consequential, special, incidental or speculative damages whether arising under contract, tort or statute, including without limitation, loss of use, business interruptions, loss or corruption of data, claims of infringement, loss of good will and loss of profits.

19. License. The support and maintenance services provided under this Agreement are subject to the software license agreement for Product (Laserfiche Cloud Subscription Agreement and Laserfiche Cloud SLA).

20. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference.

21. Insurance. CPS shall maintain Insurance in accordance with the requirements set forth in Exhibit “D”.

22. Certificate of Insurance. See Exhibit “E”.

23. Invoice. See Exhibit “F”.

24. Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Indio is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of CPS warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of CPS, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of CPS.

SIGNATURES ON NEXT PAGE

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VIP Software Maintenance and Support Agreement

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IN WITNESS WHEREOF, the parties have executed this Agreement in Indio, California, as of this 21 st day of March 2025.

AUTHORIZED SIGNATURES

Complete Paperless Solutions: City of Indio

Signature Signature

Claude Schott
Name Name

Chief Financial Officer
Title Title

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Exhibit “A”

Project Description of Services

CPS agrees to provide the maintenance and support services described below with respect to the following described software.

No. Description Qty

1. Laserfiche Business users 25

2. Laserfiche Vault 1

3. CPS VIP Support 1

CPS shall promptly notify City of any material defects or malfunctions in the Software or documentation which it learns from any source.

CPS shall provide City with copies of the software and documentation revised to reflect any and all updates and enhancements if any to the software made by CPS during the maintenance and support period. Such enhancements shall include all modifications to the Software which increase the speed efficiency or ease of operation of the Software or add capabilities to or otherwise improve the functions of the Software.

Support shall include the correction of material errors within a reasonable time and with reasonable effort. Support does not include correction of errors caused by unauthorized modification made to the Software. CPS is not obligated by this Agreement to undertake any such updates or infringements.

Software and documentation for updates and enhancements shall be provided to the City for installation in diskette form, CD -ROM or DVD for installation by City and shall be installed by CPS only if necessary and requested in writing by City.

CPS shall provide telephone support on a reasonable and necessary basis between the hours of 7:00AM and 6:00PM Monday through Friday excluding bank holidays, or through written correspondence unless otherwise specified.

CPS shall use best efforts to respond to City’s requests and problems within a time frame that reasonably reflects the urgency of the resolution of the request. CPS shall use reasonable efforts to give the most appropriate advice but the responsibility for acting on or implementing such advice shall remain with City.

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CPS shall provide on -site support within 24 hours or within a mutually agreed time frame.

Exhibit “B”

Contract Term

The term of this Agreement shall commence on March 21, 2025 and continue through to March 20, 2028 (“Term”) unless otherwise terminated as herein provided. The Agreement may be renewed for a subsequent annual term by a written mutual amendment executed by both the City and CPS, and approved by City Council.

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Exhibit “C”

Compensation

Provided CPS is not in default under this Agreement, CPS shall be compensated as provided below.

1. Payment:

a. Annual Payment: CPS shall be paid a fixed fee in the amount of $33,250.00 for the first year in accordance with Exhibit “F” within thirty days (30) of the execution of this Agreement and receipt of CPS’ Invoice and $33,250.00 for subsequent years.

b. Subsequent Years: In the event this Agreement is renewed in accordance with Exhibit “B”, CPS may request reasonable price adjustments to the annual fee for the renewed term. However, no price adjustments shall be effective unless a written amendment to this Agreement is executed by both parties and approved by the City.

c. Additional Fees:

i. Hourly Rate: The hourly rate for professional services shall be $200.00 per hour.

ii. Daily Rate: The daily rate beyond sixteen days shall be $1,800.00 per day.

iii. All charges shall be agreed to in writing by both parties prior to commencement of any on-site support.

2. Schedule for Payment: CPS shall invoice City for the annual maintenance and support fee each following year no later than 30 days before the annual term expires, for the subsequent term. City may accept or decline the payment. If City elects not to pay the annual fee, CPS shall have no obligation under this Agreement for the subsequent year.

3. Method of Payment: CPS shall provide invoices to City for approval and payment.

Invoices must be itemized, adequately detailed, based on accurate records, an in a form reasonably satisfactory to City. CPS may be required to provide back-up material upon request.

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Exhibit “D”

INSURANCE REQUIREMENTS FOR CONSULTANTS

Without limiting Consultant’s indemnification obligations under this Agreement, Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

Minimum Scope of Insurance

Coverage shall be at least as broad as:

Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

Workers’ Compensation insurance as required by the State of California.

Employer’s Liability Insurance.

Minimum Limits of Insurance

Consultant shall maintain limits no less than:

General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project.

Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

Deductibles and Self-Insured Retentions

Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees and volunteers or (2) the

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Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Other Insurance Provisions

The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Endorsement:

General Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of work performed by or on behalf of the Consultant. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance, or as a separate owner’s policy.

Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant.

For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.

Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.

Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Consultant’s part.

Acceptability of Insurers

Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.

Verification of Coverage

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Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City’s requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements shall be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

Subcontractors

Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

Risk Management

Consultant acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.

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Exhibit “E”

Certificate of Insurance

See attached.

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Exhibit “F”

Invoice

See attached.

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City Council
February 5, 2025

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Bryan H. Montgomery, City Manager
Subject: Consideration of names for the conference rooms at the new City Hall.

RECOMMENDATION:

Confirm the names for the conference rooms at the new City Hall.

SUMMARY:

There are six conference rooms in the new City Hall (see attachment) that could use names for functionality and identification purposes. Staff has discussed some options with the Council over the last few months, including the option of naming the rooms after local shrubs and trees, names of the festivals in Indio, stages at the most popular festivals, varieties of dates, and names of people that have had a positive impact on the history of Indio. A consensus emerged to name the conference rooms after people who lived in and had an impact on the Indio community.(A nice photo and plaque could go in each conference room to explain and educate about the person). The purpose of this agenda item is to formally review the options and receive final direction on the naming of the conference rooms at the new City Hall.

BACKGROUND INFORMATION:

The naming of the conference rooms at the new City Hall is important for identification purposes and can also be a means of recognizing some people that have had a significant impact on the community. A request was made of the Community Services Commission for recommended names of individuals that have had such an impact (this list is attached). While the names presented by the Commission were recommendations for parks, streets, and other City facilities, the names were sent to the City Council for consideration for the naming of the conference rooms.

Also discussed as possible ideas were naming the conference rooms after local trees and shrubs (Date, Mesquite, Yucca, Palo Verde, etc); the stages at the Coachella and Stagecoach Festivals (Sahara, Gobi, Mojave, Palomino, etc.); the varieties of dates (Medjool, Deglet Noor, Barhi, Abbata, Barhi, Zahidi, Khadrawi); and, the names of our festivals (Coachella, Stagecoach, Date, Tamale).

An informal consensus arrived at utilizing names of people of historical significance in Indio, and the goal of this agenda item is to discuss the possible names and formally confirm the names for the conference rooms.

Attached is a three-page pdf file showing the conference rooms from the floor plan - there are six conference rooms to be named. You will note that there is one additional room on the 1st floor but it is very small and not a formal conference room. There is a conference room within the Human Resources area, but it would appear functionally best to just name that the “Human Resources AGENDA ITEM #11.1
Consideration of names for the conference rooms at the new City Hall (Br... Page 259 of 264 Conference Room.” Likewise, the antechamber meeting room next to the Council Chambers could be just called the “Antechambers”.

and informally Council the others and names that the of review the on Based suggested independently provided, below is the list that you are asked to formally consider. (Any names not selected could certainly be considered in the future for streets, parks and other City facilities).  AG Tingman
 Edith Ross
 June McCarrol
 Reynaldo Carreon
 Al McCandless
 LeRoy Pawley
 Jacqueline Bethal
 Doug York
 Cherry Ishimatsu
 Bruce Clark

ALTERNATIVES:

Not provide formal names for the conference rooms. (The default would likely be naming each room after the nearest/adjacent City department).

ATTACHMENTS:

City Hall Conference Rooms
CommServicesComm Names

Consideration of names for the conference rooms at the new City Hall (Br... Page 260 of 264 Community Development
Public Works/Engineering
City Clerk
Finance (some)
Very small, 2-3 person room

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City Manager
City Attorney
Economic
Development

IT
HR
PIO/Marketing & Events
HR Conference Room

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ANTECHAMBERS

Consideration of names for the conference rooms at the new City Hall (Br...Page 263 of 264 List of names recommended by Community Services
Commission for City Council consideration for the nam-
ing of streets, parks and other City facilities:

• Benjamin Montoya
• Abi Carter
• Joel Diaz
• Antonio Diaz
• Dr. June McCarroll
• Doug York
• Jacqueline Cochran
• Ralph P Cousins
• John F Mealy
• Nadia Villagran Walsh
• Ed White
• Tony Reagins
• Patricia Laflin
• Dave Ison
• Glenn Southard
• Tom Ramirez
• Jim Ducatte
• Grady Gordon
• Linda Beal
• Jacqueline Bethel
• Lana Hall
• Jim Collins
• David Hernandez

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