CITY OF LOMA LINDA
CITY COUNCIL AGENDA
REGULAR MEETING
Tuesday, December 12, 2023, 7:00 PM
Council Chambers
25541 Barton Road
Loma Linda, CA 92354
Est. Duration: 2 hr 5 min
A regular meeting of the City Council of the City of Loma Linda is scheduled in the Council Chambers, 25541 Barton Road, Loma Linda, California. Under Municipal Code Section 2.08.010, study sessions or closed session items may begin at 5:30 p.m. or as soon thereafter as possible. The public meeting begins at 7:00 p.m.
Reports and Documents relating to each agenda item are on file in the Office of the City Clerk and are available for public inspection during normal business hours. The agenda and reports are also located on the City’s Website at www.lomalinda-ca.gov.
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office, 25541 Barton Road, Loma Linda, CA during normal business hours. Such documents are also available on the City’s website at www.lomalinda-ca.gov subject to staff’s ability to post the documents before the meeting.
Persons wishing to speak on an agenda item, including any closed session items, are asked to complete an information card and present it to the City Clerk before consideration of the item. When the item is to be considered, please step forward to the podium, the Chair will recognize you and you may offer your comments. The City Council meeting is recorded to assist in the preparation of the Minutes, and you are therefore asked to give your name and address before testifying.
The Oral Reports/Public Participation portion of the agenda pertains to items NOT on the agenda and is limited to 30 minutes; 3 minutes are allotted for each speaker. Under the Brown Act, no action may be taken by the City Council at this time; however, the City Council may refer your comments/concerns to staff or request that the item be placed on a future agenda.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (909) 799-2819. Notification 48 hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Later requests will be accommodated to the extent feasible.
A recess may be called at the discretion of the City Council.
Meetings are accessible to people with disabilities. Every attempt will be made to swiftly address each request. Requests in advance of the meeting will enable us to make reasonable arrangements to ensure accessibility to this meeting and the materials related to it. Individuals who need special assistance or a disability-related modification or accommodation to participate in this meeting, or who have a disability and wish to request an alternative format for the meeting materials, should contact the City Clerk at [email protected] or (909) 799-2819.
1: Call to Order
1A. Call to Order
1B. Roll Call
1C. Closed Session/Workshop - None
1D. Invocation and Pledge of Allegiance
1E. Items to be Added or Deleted
1F. Oral Reports/Public Participation - Non-Agenda Items (Each Speaker limited to 3 minutes. Pursuant to the Brown Act, no action or discussion can be taken by City Council) 1G. Conflict of Interest Disclosure
2: Scheduled and Related Items
2A. Proclamation - City of Collegedale, Tennessee
2B. Mission Elementary School Presentation [Chamber of Commerce] 2C. Water and Waste Water Rate Study Presentation by Tuckfield and Associates [Clayton Tuckfield] 3: Consent Calendar
3A. Demands Registers for November 28, and December 12, 2023 [Finance] 3B. Approval of Minutes 11-15-2023
3C. Treasurer's Report - November 2023 [Finance]
3D. Fire Department's Activity Report - November 2023 [Fire] 3E. Authorization to apply for the Emergency Management Performance Grant (EMPG) [Fire] — Authorize the Fire Department to apply for and appropriate the revenue of approximate $14,793.00 from the 2023 EMPG funds; and
— Authorize the City Manager to execute documents and to accept additional grant funding should it become available relating to EMPG funds.
3F. Approve Appropriation and Award Contract for 9 Additional LPR Cameras [Public Works] — Approve a Supplemental Appropriation of $33,200 from Citizens Option for Public Safety (COPS) Grant Fund Balance into the COPS Contractual Agreements Account No. 1355430-51830; and — Award a contract to Flock Group, Inc. for $75,650.00/year for five years for the installation and monitoring of 26 LPR cameras at various locations.
3G. Award Contract to Southcoast Lighting to Purchase Twelve Solar Walkway Lights [Public Works] — Award a contract to Southcoast Lighting of Noman, OK, in the amount of $16,616.80. 3H. Approve Purchase of 96 Domestic Water Meters from HydroPro Solutions, Inc. [Public Works] — Award a contract to HydroPro Solutions, Inc. of Ontario, CA, for $25,435.90 for purchase of 96 Allegro 4G domestic water meters.
3I. Change Order for the Audio/Visual Equipment in the Council Chambers [Information Systems] — Approve a change order in the amount of $18,800 for the contract with Western Audio Visual & Security for equipment upgrades.
3J. Approval of Agreement with Colantuono, Highsmith, and Whatley for Legal Services [City Attorney] — Authorize the City Attorney to enter into an agreement with the law firm of Colantuono, Highsmith & Whatley (CHW) for legal services primarily in connection with land use issues on an as-needed basis. 3K. Council Bill #R-2023-40 - Approving a Loan from Special Projects Construction Fund to Water Acquisition Fund [Finance]
— Adopt Council Bill #R-2023-40, approving a $4,350,000 loan from the City’s Special Projects Construction Fund to the Water Acquisition Fund; and
— Supplemental Appropriations into the following accounts; Infrastructure account in the amount of $2,008,800, General Fund Overhead account in the amount of $387,000, and Interest Expense account in the amount of $59,200.
4: Old Business
5: New Business
5A. Appoint Three Historic Commission Members Whose Terms Expired 6: Reports
6A. Reports of Council Members
6B. Reports Of Officers
7: Adjournment
POSTING
I, Lynette Arreola, City Clerk, do hereby certify and declare that, I caused this agenda to be posted at the following three (3) locations, to-wit:
Loma Linda Branch Library, 25581 Barton Road, Loma Linda, California City Council Chambers, 25541 Barton Road, Loma Linda, California U. S. Post Office Annex, Newport Avenue, Loma Linda, California Lynette Arreola, City Clerk
City of Loma Linda, California
Date Posted: December 8, 2023
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Proclamation - City of Collegedale, Tennessee
Meeting
Tuesday, December 12, 2023, 7:00 PM
Agenda Group
Scheduled and Related Items Item: 2A
From
Lynette Arreola, City Clerk
Attachments
Proclamation Collegedale TN.pdf
Mayor Dupper will present the Proclamation.
PROCLAMATION
IN RECOGNITION OF THE DISTINCTIVE CONNECTION AND SIMILARITIES BETWEEN THE
CITY OF COLLEGEDALE, TENNESSEE & CITY OF LOMA LINDA, CALIFORNIA WHEREAS, the City of Collegedale, Tennessee, was incorporated in 1968 and is home to Southern Adventist University, established in 1892 and affiliated with the Seventh-day Adventist Church, equipping students to embrace biblical truth, embody academic and professional excellence, and pursue Spirit-filled lives of service; and WHEREAS, the City of Loma Linda, California, was incorporated in 1970, and is home to Loma Linda University, founded in 1905 by the Seventh-day Adventist Church as a center for educating health professionals, offering a unique learning environment through the integration of health, science and faith; and WHEREAS, the City of Collegedale is home to Collegedale Academy, a Seventh-day Adventist school, grades K-12, established to educate, equip, and inspire students to be critical thinkers who serve others and reflect Christ's character; and WHEREAS, the City of Loma Linda is home to Loma Linda Academy, a Seventh-day Adventist school, grades K-12, which guides students to Grow in God’s Grace, Thrive Intellectually, Develop True Friendships, Embrace Healthful Living; and
WHEREAS, the City of Collegedale is a City nestled between the beautiful mountains of southeast Tennessee with a thriving economy, gracious living, excellent schools, premier shopping, fine dining, parks and recreation, and whose southern charm makes all the difference as they celebrate their success and treasure their past; and WHEREAS, the City of Loma Linda, meaning “Beautiful Hill” in Spanish, incorporates a third of its City to protected natural open space with several miles of pedestrian trails, known as the South Hills, with a growing community, excellent schools, parks and recreation, and a city identified as “Blue Zone”, where residents have one of the highest rates of longevity in the United States; and
WHEREAS, the Cities of Collegedale and Loma Linda have significant histories and have top private universities well known for their programs in health-science education, medicine, research, and service; and WHEREAS, the Cities of Collegedale and Loma Linda share similarities in faith, cultural matters, arts, sustainable development, humanitarian assistance, and healthy lifestyle living.
NOW, THEREFORE, BE IT RESOLVED THAT I, Phillip Dupper, Mayor of the City of Loma Linda, on behalf of the City Council and citizens of this community, proclaim the many similarities between the Cities of Collegedale and Loma Linda and encourage ongoing communication and collaboration between us, in such ways that we can improve our communities and strengthen the bond of mutual history and friendship between us.
PRESENTED this 12th day of December 2023.
Phillip Dupper, Mayor
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Mission Elementary School Presentation [Chamber of Commerce] Meeting
Tuesday, December 12, 2023, 7:00 PM
Agenda Group
Scheduled and Related Items Item: 2B
From
Lynette Arreola, City Clerk
No staff report.
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Water and Waste Water Rate Study Presentation by Tuckfield and Associates [Clayton Tuckfield] Meeting
Tuesday, December 12, 2023, 7:00 PM
Agenda Group
Scheduled and Related Items Item: 2C
From
T Jarb Thaipejr, City Manager
Accepted by City Council
Date:
RECOMMENDATION:
City Manager T Jarb Thaipejr will introduce Clayton Tuckfield from Tuckfield and Associates. No staff report.
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Demands Registers for November 28, and December 12, 2023 [Finance] Meeting
Tuesday, December 12, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: 3A
From
Sonia Fabela, Finance Director
Attachments
Demands Register 11-28-23 CC.pdf
Demands Register 12-12-23 CC.pdf
Approved/Continued/Denied by City Council
Date:
RECOMMENDATION:
It is recommended that the City Council approve the attached list of demands for payment.
VOUCHER DATE VENDOR VENDOR NAME INVOICE P.O. INVOICE DESCRIPTION AMOUNT 01‐6757655 CASHIER TEMP 11/13‐11/16/2023 $1,540.80
01‐6754380 CASHIER TEMP 11/6‐11/9/23 $1,538.87
$3,079.67
706278 11/28/2023 5502 FRONTIER COMMUNICATIONS 9097998064 November Phone costs 11/10‐12/09/2023 $43.52 $43.52
706279 11/28/2023 570 LOMA LINDA FIREFIGHTERS ASSN LLFA November 2023 LL Firefighters Association dues November 2023 $1,234.00 $1,234.00
706280 11/28/2023 3881 SB CO PROFESSIONAL FIREFIGHTER SBFF November 2023 SB County Firefighters dues Nov 2023 $3,847.90 $3,847.90
706281 11/28/2023 1245 SO CALIF EDISON 700228347138 October Electricity costs 10/11‐11/08/2023 $1,752.56 $1,752.56
706282 11/28/2023 7393 TEAMSTERS LOCAL 1932 PAEA Teamsters Nov23 PAEA Teamsters dues November 2023 $683.58 $683.58
706283 11/28/2023 7393 TEAMSTERS LOCAL 1932 PW Teamsters Nov 23 PW Teamsters dues Nov 2023 $1,617.82 $1,617.82
706284 11/30/2023 7123 CHARTER COMMUNICATIONS
HOLDINGS, LLC
0030597111023 1240178 Cable service for city hall 11/10/23 to 12/9/23 $35.17 $35.17
706285 11/30/2023 5673 CR&R OCT 2023 Refuse payments collected Oct 2023 $154,979.40 $154,979.40
706286 11/30/2023 5502 FRONTIER COMMUNICATIONS 9097997257 December Phone costs Corp Yard Fire Alarm 11/19‐12/18/2023 $43.52 $43.52
11/28/2023
706281 Total
CITY OF LOMA LINDA
VOUCHER LIST
12/12/2023
706282 Total
706283 Total
706284 Total
706285 Total
706286 Total
706277
706277 Total
706278 Total
706279 Total
706280 Total
5640 APPLEONE EMPLOYMENT SERVICES 1240405
VOUCHER DATE VENDOR VENDOR NAME INVOICE P.O. INVOICE DESCRIPTION AMOUNT
CITY OF LOMA LINDA
VOUCHER LIST
12/12/2023
706287 11/30/2023 6255 JENNINGS, MATTHEW 2023‐24 PropTax 1240496 Prop Taxes for Southhills area‐1st Installment $2,526.49 $2,526.49
706288 11/30/2023 5375 LEVEL 3 COMMUNICATIONS, LLC 664722419 1240197 Bandwidth Services 11/17/23‐12/16/23 $4,793.37 $4,793.37
706289 11/30/2023 5844 MCCARTHY BLDG CO, INC. 166126409 duplicate payment #166126409 $80.00 $80.00
706290 11/30/2023 876 SAN BERNARDINO MUNICIPAL
WATER
OCT 2023 SB Sewer payments collected Oct 2023 $252,744.89 $252,744.89
706291 11/30/2023 7083 SELF INSURED SERVICES COMPANY B0BWRZ Dental Insurance Premium December 2023 $4,450.00 $4,450.00
706292 11/30/2023 4787 SALVADOR M. SORIANO 12012023 Donation for DJ service for Dance 12/1/23 $100.00 $100.00
706293 11/30/2023 3294 US POSTAL SERVICE REQUEST 11/28/2023 Postage On‐Call account #47718562 $1,000.00 $1,000.00
706296 12/5/2023 134 CA FIRE CHIEFS ASSOCIATION 02824 1230429 2022 membership for Fire Chief, and 3 BC's $1,235.10 $1,235.10
706297 12/5/2023 7123 CHARTER COMMUNICATIONS
HOLDINGS, LLC
0020150111823 1240140 Cable srvc for station 251 11/18‐12/17/2023 $123.85 $123.85
706298 12/5/2023 7123 CHARTER COMMUNICATIONS
HOLDINGS, LLC
0212906111423 1240140 Cable srvc for station 252 11/14‐12/13/2023 $92.96 $92.96
706289 Total
706290 Total
706291 Total
706287 Total
706288 Total
706292 Total
706293 Total
706296 Total
706297 Total
706298 Total
VOUCHER DATE VENDOR VENDOR NAME INVOICE P.O. INVOICE DESCRIPTION AMOUNT
CITY OF LOMA LINDA
VOUCHER LIST
12/12/2023
706299 12/5/2023 5674 NATIONAL CONSTRUCTION
RENTALS,
5240841 6 FT TEMP PANELS $38.88
$38.88
706300 12/5/2023 7287 PAYMENTUS CORPORATION INV‐15‐141495 1240341 2023‐2024 IVR Payment processing Oct 2023 $1,293.85 $1,293.85
706301 12/5/2023 7047 SHI INTERNATIONAL CORP B17524714 1240384 PowerEdge R660 TM Servers $34,627.87 $34,627.87
706302 12/5/2023 5875 SUNGRYONG HONG 993763554 Refund Prepayment‐Closed Account $3.03 $3.03
12121787‐0001 Dec 23 Vision Insurance Premium Dec 2023 $833.06 12121787/0002 Dec 23 Vision Base Plan December 2023 $112.52 $945.58
706304 12/5/2023 5640 APPLEONE EMPLOYMENT SERVICES 01‐6763658 1240405 CASHIER TEMP 11/20‐11/22/2023 $1,155.60 $1,155.60
706305 12/5/2023 4197 C.A.P.F. December 2023 Long Term Disability December 2023 $826.00 $826.00
706306 12/7/2023 7047 SHI INTERNATIONAL CORP B17609334 1240439 SD cards for council chambers part of CIP 23‐856 $646.50 $646.50
706307 12/7/2023 7047 SHI INTERNATIONAL CORP B17596784 1240424 5 new computers for various depts Monitors $1,422.73 $1,422.73
706308 12/7/2023 2218 SONIA FABELA Adopt‐a‐Family2023 Reimbursement for Adopt‐A‐Family purchase $210.58 $210.58
706309 12/12/2023 5758 ALETHEA, INC. LL112024 1240185 Onsite or remote desk support Specialist November $15,455.00 706309 Total $15,455.00
12/5/2023
706308 Total
706303 Total
706304 Total
706305 Total
706306 Total
706307 Total
706299 Total
706300 Total
706301 Total
706302 Total
706303 1154 VISION SERVICE PLAN ‐ CA
VOUCHER DATE VENDOR VENDOR NAME INVOICE P.O. INVOICE DESCRIPTION AMOUNT
CITY OF LOMA LINDA
VOUCHER LIST
12/12/2023
706310 12/12/2023 7416 APPERSON, INC. INV114324 1240494 HR scantrons for employment recruitment $75.21 $75.21
706311 12/12/2023 3833 ATKINSON, ANDESLON, LOYA,
RUUD, & ROMO
697117 1240028 HR Legal fees for October 2023 $11,431.88 $11,431.88
706312 12/12/2023 7159 BOUND TREE MEDICAL LLC 85056286 1240275 EMS Medication $135.98 $135.98
831056 1240036 Oxy/acety tank refill grinding disc assc $136.10 831197 1240444 Millermatic 142 Mig Welder (replace stolen unit) $1,506.19 $1,642.29
1123143 Maint southside I‐10 Fwy ramps @ Mt View Ave Nov $350.00 1123144 Maint of southside I10 Fwy ramps@ Mt View Ave Nov $750.00 $1,100.00
6903‐1047795 Street light photo cells $99.94
6903‐1047794 Civic Center parking lot lights $347.72
$447.66
706316 12/12/2023 1279 DAILY JOURNAL CORPORATION B3754314 1240085 Legal advertisement: Notice of 2024 Elections $248.40 $248.40
706317 12/12/2023 7366 DENNIS GRUBB & ASSOCIATES 002‐30117 1240287 Fire Prevention Plan Ck Srvs Nov 2023 $1,685.00 $1,685.00
706318 12/12/2023 336 FEDEX 8‐328‐30030 1240006 Courier service returned tool for refurbishment $147.07 $147.07
23‐968582 FIRE Dept Fuel delivery 11/15/2023 $2,734.33
23‐973683 Diesel delivery for PW 11/22/23 $1,129.79
23‐973682 Fuel delivery for PW 11/22/23 $2,423.74
706313
706312 Total
706310 Total
706311 Total
124016912400711240008
CA TOOL & WELDING SUPPLY
CALIFORNIA HIGHWAY ADOPTION
COCONSOLIDATED ELECTRIC DIST‐SBFLYERS ENERGY, LLC
706313 Total
706314
706314 Total
706315
706315 Total
12/12/202312/12/202312/12/202312/12/2023
161539023095256
706316 Total
706317 Total
706319
706318 Total
VOUCHER DATE VENDOR VENDOR NAME INVOICE P.O. INVOICE DESCRIPTION AMOUNT
CITY OF LOMA LINDA
VOUCHER LIST
12/12/2023
23‐977325 FIRE Dept fuel delivery 11/29/2023 $1,898.41
$8,186.27
706320 12/12/2023 7325 GCI CONSTRUCTION, INC 1193 1230899 Pressure Regulating Valve Replacement @ Mtn View $157,795.00 $157,795.00
6627‐135682 P/W Generator $163.61
6627‐136377 Battery & deposit fee $82.65
6627‐136556 Screw for trailer $15.18
6627‐136557 ST466 Service oil filter $44.82
6627‐136588 Radiator caps $8.25
$314.51
9904733889 Filter replacement for mask $27.50
9907081773 Sand bags $234.69
9907081765 Plastic rain boots $31.76
9906281572 Rain gear $38.43
$332.38
706323 12/12/2023 402 HACH COMPANY 13822840 1240142 Sewer Flow Meter Monitoring Srv Contract $1,170.00 $1,170.00
706324 12/12/2023 5458 HIRSCH PIPE & SUPPLY 9243084 1240000 PVC40 Adaptor & regulator $710.21 $710.21
0014139 10 gal of graffiti paint & rollers $156.75
8531865 Lights, ribbons, & ornaments for Tree lighting $266.24 $422.99
706326 12/12/2023 3400 INFOSEND, INC. 249957 1240290 FY 2023‐2024 Utility bill printing & mailing Oct23 $1,758.33 $1,758.33
706327 12/12/2023 1728 INLAND LIGHTING SUPPLIES, INC. 281824A 1240479 Exterior soffit light & bulbs for Sr Ctr/City Hall $114.19 $114.19
706325 Total
706326 Total
124001012400111240001
706327 Total
GENUINE PARTS COMPANYGRAINGER, INC.
706325 HOME DEPOT CREDIT SERVICES
706319 Total
706320 Total
706321
706321 Total
706322
706322 Total
12/12/202312/12/202312/12/2023
7286389435
706323 Total
706324 Total
VOUCHER DATE VENDOR VENDOR NAME INVOICE P.O. INVOICE DESCRIPTION AMOUNT
CITY OF LOMA LINDA
VOUCHER LIST
12/12/2023
706328 12/12/2023 7418 INLANDCON CORP 000025‐0001 Refund hydrant meter deposit 03/22/23 #000025‐0001 $600.00 $600.00
706329 12/12/2023 4896 INTERFACE SECURITY SYSTEMS, LLC 20593450 1240320 Alarm monitoring Sr Center & Heritage Park Nov $421.98 $421.98
706330 12/12/2023 6071 KELLERMEYER BERGENSONS
SERVICE
INV90002406811 1240167 Community Room Cleaning for Oct 2023 $1,305.00 $1,305.00
706331 12/12/2023 7421 KOBY NITSUA HERAMIL 16606 UB 266208001 25778 CHULA VISTA $40.07 $40.07
706332 12/12/2023 7417 LIEBERT CASSIDY WHITMORE 253921 1240499 Payroll assessment $1,653.00 $1,653.00
11283803 HVAC Maint for Heritage Park 11/21/23 $77.18
11160260 HVAC Maint for Heritage Park Qtr 2 $154.35
10951492 HVAC Maint at 11097 Mesquite Qtr 2 $76.03
10951748 HVAC Maint at 26057 Lawrence Qtr 2 $76.03
10951876 HVAC Maint at 11673 Bryn Mawr Qtr 2 $76.03
$459.62
78354 Batteries and garage remote $141.97
75228 Electrical extension cord adaptor $5.06
77817 Bags of concrete $220.01
79107 Trash cans $84.67
97033 Staples, marker, staple gun $69.6725460 11/29/23 Electrical outdoor outlet repair $110.96 25763 12‐2‐23 tape measure, cleaning supplies, rope, drano $88.46 74661 12‐1‐23 3M Command strips, door stop $13.39
$734.19
1240218
706334 1240038
706334 Total
LOMA LINDA HEATING & AIR
CONDITIONING, INC.
LOWE'S COMPANIES, INC.
1240213
706328 Total
706329 Total
706330 Total
20451733
12/12/202312/12/2023
706331 Total
706332 Total
706333
706333 Total
VOUCHER DATE VENDOR VENDOR NAME INVOICE P.O. INVOICE DESCRIPTION AMOUNT
CITY OF LOMA LINDA
VOUCHER LIST
12/12/2023
706335 12/12/2023 662 MULTI W SYSTEMS, INC. 32331276 1240298 Repair sewer lift station pump $6,556.50 $6,556.50
6160‐178844 Floor degreaser $21.54
6160‐177062 Oil filter, clamp, & motor oil $53.81
6160‐179748 Mini bulb $3.76
6160‐180491 MK Saw Belts $34.44
6160‐180650 Rear brake pads $45.76
6160‐180562 Oil filter $46.59
$205.90
340519843001 Returned clipboards, Credit Memo ‐$7.53
340525043001 Returned Daily planner, Credit Memo ‐$49.99 339496687001 1240477 Corp Yard Office Supplies $481.76
$424.24
250684092 Pest control Svc STA 252 srvc date 11/16/23 $125.99 250685335 Pest control Svc STA 251 svc date 11/16/2023 $149.00 256974979 1240497 Seal up 4 holes 2 week rodent traps at STA252 $525.00 $799.99
137 1240476 Install new lighting for Corp Yard Fuel Station $2,950.00 134 1240428 EOC Rooftop Antenna electrical repair $1,685.00 $4,635.00
102023903 1240330 Parking Permit Management 10/2023 $1,646.14 102023143 1240329 Delinquent parking ticket recovery progm 10/2023 $1,611.21 1020231143 1240331 Code & Animal Admin Citation collection 10/2023 $183.62 $3,440.97
706341 12/12/2023 5772 QUINN COMPANY PCA00394449 1240054 Oil filter $16.13 $16.13
O'REILLY AUTO ENTERPRISES, LLC
ODP BUSINESS SOLUTIONS, LLCORKIN SERVICES OF CALIFORNIA, INC.PAUL MCLAUGHLINPHOENIX GROUP INFORMATION
SYST
706335 Total
706336
706336 Total
124004912400481240204
71937176728271841592
706337
706337 Total
706338
706338 Total
706339
706339 Total
12/12/202312/12/202312/12/202312/12/2023
706340 12/12/2023
706340 Total
706341 Total
VOUCHER DATE VENDOR VENDOR NAME INVOICE P.O. INVOICE DESCRIPTION AMOUNT
CITY OF LOMA LINDA
VOUCHER LIST
12/12/2023
PCI00035692 P/W Generator oil filter $20.92
PCA00394448 CAT Keys $82.22
$103.14
706343 12/12/2023 7127 SCA OF CA, LLC 157548PS 1240501 Street Sweeping Srvs FY 2023‐24 Nov $6,094.08 $6,094.08
706344 12/12/2023 3698 SCOTT ZEHM 11‐14‐2023 1240168 City Hall Fountain Maintenance Svc for Nov 2023 $145.00 $145.00
706345 12/12/2023 7047 SHI INTERNATIONAL CORP B17681547 1240424 5 new computers for various depts $3,917.09 $3,917.09
136504817‐001 PVC, Coupling valve key, & swivel hose $152.76 136732240‐001 Park inventory 7 squirrel bait for vari. locations $433.02 136756345‐001 Squirrel bait for various parks $380.32
136857251‐001 Gopher bait inventory $37.92
136732028‐001 Weed barrier $156.77
$1,160.79
3551927675 Calendars, note pads, fasteners $151.66
3552365452 2024 Calendar $24.23
3552365454 Mesh holder, tissues, fan, mouse pads $75.17 $251.06
706348 12/12/2023 5561 STATEWIDE TRAFFIC SAFETY &
SIGNS
13011665 1240065 Street name signs bracket $13.26
$13.26
706349 12/12/2023 1989 SWRCB FEES SW‐0273408 1240489 7/1/23‐6/30/24 SWRCB ANN PERM/FAC #836M1000274 $10,602.00 $10,602.00
706350 12/12/2023 237 THE COUNSELING TEAM, INC. 89115 1240310 Behavioral health wellness srvs Nov 2023 $600.00 $600.00
706346 Total
706347 1356 1240064
706347 Total
706348 Total
706349 Total
706350 Total
QUINN COMPANY
SITEONE LANDSCAPE SUPPLY, LLC
12400541240063
5772451
706344 Total
706345 Total
706346
12/12/202312/12/202312/12/2023 STAPLES BUSINESS ADVANTAGE 706342
706342 Total
706343 Total
VOUCHER DATE VENDOR VENDOR NAME INVOICE P.O. INVOICE DESCRIPTION AMOUNT
CITY OF LOMA LINDA
VOUCHER LIST
12/12/2023
8267637 Gopher control svcs for Bailey Pk 11/16/23 $200.00 8272602 Gopher control svcs for BB Fields 11/2023 $300.00 8272734 Gopher control svcs for Elmer Digneo 11/2023 $200.00 8267178 Gopher control svcs for Hulda Crooks 11/2023 $300.00 8266571 Gopher control svcs for Bryn Mawr 11/2023 $200.00 8273093 1240254 Gopher control services for Civic Center 11/2023 $300.00 $1,500.00
706352 12/12/2023 5516 TRI‐STATE MATERIALS, INC. 109394 1240077 DG for Wellesley Proj $314.33 $314.33
706353 12/12/2023 5019 TUCKFIELD & ASSOCIATES 714 1240175 Prepare a Water & Sanitary Sewer Rate Study $5,600.00 $5,600.00
1120230145 1240149 Dig Alert Tickets for Nov 2023 $169.25 23‐241709 1240150 Dig Alert State Regulatory Fee Nov $38.63 $207.88
706355 12/12/2023 1414 UNION PACIFIC RAILROAD
COMPANY
329546273 1240488 Annual Lease for berm and sound barrier wall $2,600.00 $2,600.00
706356 12/12/2023 7355 UNIVERSAL CONSTRUCTION AND
ENGINEERING
2316‐3R 1240257 ADA Ramps/Sidewalks CIP 23‐114 Release 12/21/23 $18,234.50 $18,234.50
706357 12/12/2023 7415 UPDOG INC 9528 1240493 Replacement signage for hall and IS main door $210.49 $210.49
706358 12/12/2023 1885 VISTA PAINT CORPORATION 2023‐249206‐00 1240080 Paint brush $13.57 $13.57
706359 12/12/2023 1977 VULCAN MATERIALS 73850772 1240082 Agg & asphalt $192.49 $192.49
706351 7199 THE 12/12/2023 LLOYD PEST CONTROL CO, INC. 1240253 12/12/2023
706355 Total
706356 Total
706357 Total
706358 Total
706359 Total
706351 Total
706352 Total
706353 Total
706354
706354 Total
1854 UNDERGROUND SERVICE ALERT OF
VOUCHER DATE VENDOR VENDOR NAME INVOICE P.O. INVOICE DESCRIPTION AMOUNT
CITY OF LOMA LINDA
VOUCHER LIST
12/12/2023
13006 2 Jugs of bar oil $45.79
12990 Labor for sharpening chains $120.00
$165.79
706361 12/12/2023 5989 WILLIAM BAKER EMTCertReimbWBaker 1240492 CA Paramedic & ICEMA licenses reimb W Baker $320.00 $320.00
706362 12/12/2023 4353 WITTMAN ENTERPRISES, LLC 2310069 1240308 Medical billing services Oct 2023 $1,544.39 $1,544.39
706363 12/12/2023 7420 ZOU, XUFAN 16605 UB 253175100 25506 LOMAS VERDES $63.76 $63.76
Grand Total $753,953.00
706360 12/12/2023
706360 Total
706361 Total
706362 Total
706363 Total
1917 WILBUR E & JUNE PURVIS 1240090
VOUCHER DATE VENDOR VENDOR NAME INVOICE P.O. INVOICE DESCRIPTION AMOUNT 511388 11/15/2023 454 Missionsquare 2023111500511388 457 Plan Contributions-10/22 through 11/4/2023 $28,125.63102491600 11/9/2023 771 PERS 1002491600/01/02/03 Retirement Contributions-10/08 through 10/21/2023 $74,529.23102487216 11/9/2023 773 PERS 1002487216 Health Insurance Premium-November 2023 $71,540.82 Total Wires: $174,195.68
Total Checks (Total from previous page): $753,953.00
Grand Total = $928,148.68
PAYROLL: 12/07/2023 $370,517.87CLAIMS VOUCHER APPROVALSonia Fabela, Finance DirectorRecommend that City Council approve for payment.T. Jarb Thaipejr, City Managerto pay except as noted.Phillip Dupper, Mayor
CITY OF LOMA LINDA
VOUCHER LIST
12/12/2023
I have reviewed the above listing of payments on check nos. 706277 through 706293 and 706296 through 706363 and wire nos. 511388, 102491600 and 102487216 for a total disbursement of $928,148.68 and to the best of my knowledge, based on the information provided, they are correct and are recommended for payment.Approved by the City Council at their meeting held on December 12, 2023 and the City Treasurer is City of Loma Linda
Regular City Council Staff Report
Prepared By:
Approval of Minutes 11-15-2023
Meeting
Tuesday, December 12, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: 3B
Attachments
Regular City Council-11-15-2023-minutesDraft.pdf
Approval of Minutes for Regular City Council held on November 15, 2023 **The Following Document is a draft of the minutes and not the official approved minutes**
Minutes for the Regular City Council
25541 Barton Road, Loma Linda, CA, 92354
November 14, 2023, 7:06 PM - November 14, 2023, 8:43 PM Roll Call: (The following members were in attendance)
Phillip Dupper, Mayor
Ronald Dailey, Mayor pro tempore
Bhavin Jindal, Councilmember
John Lenart, Councilmember
Rhodes Rigsby, Councilmember
1. Call to Order
1A. Call to Order- 7:06 PM
1B. Roll Call- 7:07 PM
Staff Present:
1C. Closed Session/Workshop- 7:07 PM
None.
1D. Invocation and Pledge of Allegiance - Councilman Rhodes Rigsby- 7:07 PM Mayor pro tempore Ronald Dailey led the Invocation and Pledge of Allegiance for Councilman Rigsby. 1E. Items to be Added or Deleted- 7:08 PM
No items were added or deleted.
1F. Oral Reports/Public Participation - Non-Agenda Items- 7:08 PM [Councilman Rigsby arrived 7:09pm]
Andrea Leishman stated that, in the past year, her neighbor's four large dogs bark constantly day and night. Her neighbor did nothing after speaking with her. She submitted a complaint to the Code Enforcement Department in February of 2023. She noted that the Code Enforcement (CE) Officer was T. Jarb Thaipejr, City Manager
Diane Robbins, City Attorney
Lynette Arreola, City Clerk
Sonia Fabela, Finance Director
Dan Harker, Fire Chief
Lorena Matarrita, Community Development Director
Lt. Kaysie Smith, SB County Sheriff's Department
Kyle MacGavin, Information Systems Analyst III
rude to her and, instead, assisted her neighbor on how to circumvent the City's Code; that the CE Officer would not return her calls; that she contacted the SB County Sheriff's Department but nothing was accomplished; and that she spoke with the CE Officer's supervisor, Tom Ingalls, who was very responsive and is taking steps to address this matter. She noted that City ordinances were put in place to protect the community. She said she does not feel safe or protected in her home.
Tushar Oza has lived in the City for 2 years and is inquiring why the City is not promoting or utilizing its designation as being a Blue Zone City, which is one of five cities. He noted the City's website does not acknowledge the designation. He expressed disappointment that the City is not doing much to promote the Blue Zone. He would like to place this item on the agenda for further discussion. He would like to be more involved in the discussions.
Brianna Egan, a medical student, shared a policy brief she prepared on bicycle safety, discussing that bicycle crashes and injuries are significant but are preventable; and that there is a need for safer biking infrastructure. She requested that the City consider developing an Active Transport Action Plan.
Dick Wiley thanked and wanted to honor all Veterans who have served our county. He expressed his gratitude for their service. He suggested the City proclaim a First Responders Day and celebrate annually.
Joe Frink stated that he has a vested interest in the Adobe house on Mission Road and expressed concern about the difficulty obtaining funding information allocated for the maintenance of the property. He requested that there be more transparency from the City. He pointed out that Councilman Jindal provided budget information to him. He had several questions as to when the property would be turned over to TCC and if the HomeOwners Association of that development could donate a small amount of their fees for maintenance of the property. Mayor Dupper suggested that he submit a list of questions to the City Attorney for response.
Mayor Dupper reminded the public that per the Brown Act, the City Council cannot speak or take action on non-agenda items. He said that the public can follow up with City staff. 1G. Conflict of Interest Disclosure- 7:31 PM
There were no foreseen conflicts of interest.
2. Scheduled and Related Items
2A. Discussion of Activities and Programs of the Senior Center [City Manager]- 7:31 PM City Manager Thaipejr presented the report into evidence, stating that, since the reopening, several of the programs/activities before the pandemic have returned; and that staff is working to expand on the programs/activities. He discussed the Senior Center budget, noting that it is mainly for maintenance and operations and does not have enough funds for personnel.
Carol Oza stated she is a new resident of the City and is retired. She expressed disappointment with the lack of programs at the Senior Center. She is currently going to the Senior Center in Redlands, which has more activities and provides hot lunches. She feels the services at the Loma Linda Senior Center are lacking. She is willing to assist in expanding the programs and activities to make the Center more appealing.
Karen W., Co-President of the Loma Linda Art Association, thanked and appreciated the City's support in assisting the Art Association's return to the Senior Center for classes and monthly meetings. She noted that she is a former public health nurse and is willing to reach out to the Public Health Department to partner with the Senior Center.
Joan, Co-President of the Loma Linda Art Association, discussed further the monthly meetings where they have award-winning artists demonstrate their particular media. She noted that their meetings are on the 1st Sunday of every month and invited all to attend. She thanked the City for allowing their artists to display their art in City Hall and at the Senior Center. In speaking of the Blue Zone, she spoke of a member, Helen Dalgleish, who turned 100 years old and still attends all meetings.
She pointed out that art is great for people and stimulates your mind.
Councilman Jindal presented Ms. Dalgleish with a Proclamation from the City. He viewed her artwork and suggested showcasing her work.
Mayor Dupper commented that the researcher who established the Blue Zone researched government public records; however, for Loma Linda, the researcher obtained records directly from the Adventist Church and not from the government side as with the other Blue Zone cities. He noted that the City does have a history of longevity among Loma Linda residents, and he said it is something to consider to capitalize. He went on to say that the City has a Budget Committee that meets every year to review the City's budget and is made up of professionals in their field. He noted that the City's budget is very tight and has to be mindful of how money is allocated, which are difficult decisions. He noted that Senior Centers in neighboring cities are operated with significant budgets and with designated staff to manage the centers.
Councilman Dailey stated that his wife is a retired Pediatrician. She has gotten involved with online color painting. He will inform her of the upcoming Art Association meeting.
Councilman Jindal stated that even though the Senior Center may not have a big budget, he noted other ways to promote and improve the programs at the Senior Center that would include advertising on social media, now that the City will launch the City's social media sites; working with local non-profits organizations; obtaining more volunteer help; and looking into charging the groups using the senior center. In regards to the Blue Zone, he spoke with the Community Development Director Lorena Matarrita and she is working on good ideas to promote the Blue Zone that will be coming. He noted that there will be improvements but it may not happen overnight.
Touchar Oza stated that he supports the City in forming a senior advisory committee to help develop, promote, and advertise programs for the Senior Center.
Discussion ensued. City Manager Thaipejr stated that since the Senior Center just opened, he asked the Council if they can allow additional time for the City to work to expand on program. It was the consensus of the Council to allow City staff additional time to expand on the senior programs.
3. Consent Calendar
Mayor pro-tempore Dailey asked for clarification on 3G, 3H, 3I, and 3M. City Manager Thaipejr explained the operations of telemetry for item 3G, explained the need for the sewer lift station for 3I and that the City will use the TDA Grant funds to install the slabs at the bus stops for 3M. Kyle MacGavin, Information Systems Analyst III, explained the request for internet service item 3H.
Motion by Ronald Dailey, seconded by John Lenart, and passing by a vote of 5-0-0-0 To Approve the Consent Calendar as submitted.
3A. Demands Registers - October 24 and November 14, 2023 [Finance]- 8:10 PM Approved the Demands Registers dated:
3B. Approval of Minutes 10-11-2023- 8:10 PM
Approved the minutes of October 11, 2023, as submitted. 3C. Treasurer's Report - October 2023 [Finance]- 8:10 PM Accepted for filing the Treasurer's Report for October 2023. 3D. Fire Department's Activity Report - October 2023 [Fire]- 8:10 PM Accepted for filing the Fire Department's Activity Report for October 2023. 3E. Award Bid to Purchase One F350 Dump Truck [Public Works]- 8:10 PM Awarded the bid to Fairview Ford of San Bernardino to purchase one (1) Ford F350 vehicle for a total of $76,510.85.
3F. Award Bid to Purchase One F350 Lift Gate Truck [Public Works]- 8:10 PM Awarded the bid to Fairview Ford of San Bernardino to purchase one (1) Ford F350 vehicle with a lift gate and stake bed for a total of $64,652.69.
3G. Award Contract for Replacement Telemetry Panel at Richardson Well #3 [Public Works]- 8:10 PM Awarded a contract to Cricket Consulting of Anaheim for telemetry panel replacement totaling $12,800.00 and authorized a contingency allocation of $1,300.00. 3H. Award Contract to Charter Communications Operating LLC for the 10 Gigabyte Bandwidth Circuit [Information System]- 8:10 PM
Awarded a contract to Charter Communications Operating, LLC, to install a 10-gigabyte bandwidth circuit at $3,500.00 per month from the Contractual Services 51830 account allocated among City Department budgets.
3I. Authorize Purchase of Sewer Lift Station Package to be installed at the end of Juanita St. [Public Works]- 8:10 PM
October 24, 2023, with a commercial demand totaling $2,521,136,79 and a payroll demand dated October 12, 2023, totaling 420,175.31; and
November 14, 2023, with a commercial demand totaling $1,372,342.85, and two payroll demands dated October 26, 2023, totaling $387,445.08, and November 9, 2023, totaling $357,734.22.
Authorized the purchase of a sewer lift station package by Multi W Systems, Inc. of El Monte, to be installed at the end of Juanita Street for an amount of $166,002.48 and approved contingency of $16,600.00.
3J. Supplemental Appropriate and Extend Contract Agreement for Record Management Services [Administration]- 8:10 PM
Approved a supplemental appropriation of $10,000 from the General Fund fund balance into Professional Services account no. 0011940-51820 to complete the implementation phase of the contract, and approved the extension of the contract agreement with the new service provider, Vital Records Control, for software implementation and annual licensing and maintenance support services of the Laserfische records management software. 3K. Supplemental Appropriation for Professional Services Contract for the Council District Implementation [Administration]- 8:10 PM
Approved the Supplemental Appropriation of $42,800.00 from the General Fund fund balance into Professional Services account 0011940-51820 for the Professional Service Contract with National Demographics Corporation (NDC) for the By-District plan development and implementation for electing City Officials.
3L. Agreement with Willdan Engineering for Building and Engineering Plan Check Services [Community Development]- 8:10 PM
Authorized the agreement with Willdan Engineering for Building and Engineering plan check services on an as-needed basis. The initial agreement will last two years and may be extended for three (3), two-year periods with consent from both parties.
3M. Council Bill #R-2023-38 - Adopt a Resolution Accepting Revenue and Approving the Appropriation for TDA Article 3 Grant [Public Works]- 8:10 PM
Adopted Council Bill #R-2023-38 a Resolution accepting the revenue of $50,122.00 and Approved the appropriation of the $50,122.00 into account no. 1375360-58500 for TDA Article 3 Grant for installing 11 bus stop shelters at various locations in the City.
RESOLUTION NO. 3202
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA, CALIFORNIA, AUTHORIZING
SUBMITTAL OF A CLAIM TO SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY FOR TRANSPORTATION DEVELOPMENT ACT, ARTICLE 3, FUNDS FOR ACCESSIBILITY IMPROVEMENTS AT VARIOUS BUS STOPS CITYWIDE PROJECT.
3N. Authorization to apply for 2024 Urban Areas Security Initiative (UASI) grant [Fire]- 8:10 PM Authorized the Fire Department to apply for the 2024 Urban Areas Security Initiative (USAI) grant; appropriated the revenue received from USAI and authorized the City Manager to execute the related grant documents and to accept additional grant funding should it become available. 3O. Accept Street Right-of-Way Easement at the west side of California Street and north of Mission Road [Public Works] - 8:10 PM
Accepted the easement offered by Richard and Terri Kunihira Living Trust for street and utility purposes on California Street and authorized the City Manager to sign the Certificate of Acceptance document for recordation.
3P. Surplus Items for Disposal [Public Works]- 8:10 PM
Declared the attached list of vehicles, equipment, and miscellaneous items surplus and authorized the items to be appropriately disposed of and auctioned off. 3Q. Notice of Completion - Anderson Way Storm Drain Modification [Public Works]- 8:10 PM Accepted as completed and authorized recordation of Notice of Completion for the Anderson Way storm drain modification with a final project total of $10,000.00; TK Construction, Contractor. 3R. Supplemental Appropriation and Notice of Completion for the ADA Ramps and Sidewalks at Various Locations (CIP 23-114) [Public Works]- 8:10 PM
Approved a Supplemental Appropriation in the amount of $27,800 from CDBG Grant and $47,000 from Measure I fund balance; Accepted project as completed and authorized recordation of Notice of Completion for the ADA ramps and sidewalks at various locations with a final project total of $364,690.00; Universal Construction and Engineering, Contractor.
4. Old Business
4A. Adopt Council Bill #O-2023-02 of a Comprehensive Code Update to Title 17, Zoning (Second Reading and Roll Call Vote) [Administration]- 8:19 PM
Amending Title 17 (Zoning) of the Loma Linda Municipal Code by standardizing administrative processes, expanding permitted land uses, modifying fence regulations, and correcting certain inconsistencies and outdated language throughout the Development Code.
Community Development Director Matarrita stated there were no changes to the report since the first hearing on October 10, 2023.
Motion by Ronald Dailey, seconded by Rhodes Rigsby, and passing by a vote of 5-0-0-0 to Adopt the Council Bill, Waiving the reading in its entirety, and Reading by Title only ORDINANCE 778 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT NO. P23-139, WHICH AMENDS TITLE 17 (ZONING) OF THE LOMA LINDA
MUNICIPAL CODE BY STANDARDIZING ADMINISTRATIVE PROCESSES, EXPANDING PERMITTED LAND USES,
MODIFYING FENCE REGULATIONS, AND CORRECTING CERTAIN INCONSISTENCIES AND OUTDATED LANGUAGE THROUGHOUT THE DEVELOPMENT CODE (Council Bill #O-2023-02)
5. New Business
5A. Historic Commission Member Appointment and Notice of Expired Members Terms [Administration]- 8:21 PM
City Manager Thaipejr explained that the Historic Commission had one vacant seat; that the City received an application from Scott Hepburn; that the application was reviewed by City Staff; and that Staff is recommending appointing Mr. Hepburn to the Historic Commission. He went on to say that there are three member seats whose terms have expired; that notices of the vacancies were posted and published in the paper; and that, if sufficient applications are received, the appointments will be scheduled for the December City Council meeting.
Councilman Jindal asked if some of the Committees and Commissions can be consolidated. City Manager Thaipejr stated that he appreciates all the boards, committees, and commission members; however, he noted that each group has its own unique tasks. He said it would be challenging to staff additional committees.
Motion by John Lenart, seconded by Bhavin Jindal, and passing by a vote of 5-0-0-0 to Appoint Scott Hepburn to the Historic Commission.
6. Reports
6A. Reports of Council Members- 8:29 PM
Mayor Dupper commended the Loma Linda Fire Department for their Leadership Academy at Mission Elementary School. They have been mentoring students and is an amazing program.
Councilman Jindal discussed electrical vehicle charging stations. City Manager Thaipejr stated that the City is working on the project, but it is at the beginning stages. 6B. Reports Of Officers- 8:29 PM
City Manager Thaipejr was pleased to announce that the City qualified for the GFOA's Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting. He stated that the City has received this award 19 years in a row. He commended the Finance Director, Sonia Fabela, and the finance team for their hard work and efforts to achieve this accomplishment.
Finance Director Fabela thanked her entire Finance Team, especially Anna Briones, Sr.
Accountant/Financial Analyst, and Kaveeta Prasad, Accounting Specialist I, who both put a lot of work and effort into compiling information for the report. She thanked the departments who assisted in providing the required information. She noted that the City has a good team.
City Manager Thaipejr stated that the City held an art competition with the students of Loma Linda Academy. The Parks Recreation and Beautification Committee, Planning Department Staff, the artist who put the artwork, and himself. He noted that the artwork that was selected was put on wraps and placed on intersection controllers at s/e corner of Barton Rd. and Campus St. and s/e corner of Redlands Blvd. and Anderson St. He went on to present donkey artwork that he proposed to be placed on the southwest corner of Barton Rd. and Campus St., Barton Rd. and Newport Ave.
7. Adjournment
7A. Meeting adjourned to the meeting of December 12, 2023.- 8:43 PM The City Council meeting adjourned at 8:43pm.
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Treasurer's Report - November 2023 [Finance]
Meeting
Tuesday, December 12, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: 3C
To
City Council
From
Sonia Fabela, Finance Director
Attachments
Nov 23 TREAS REPORT.pdf
Accepted for filing by City Council
Date:
RECOMMENDATION:
It is recommended that the City Council receive the report for filing.
DEMAND DEPOSIT ACCOUNTS
CITY - BANK OF AMERICA - MAIN CHECKING ACCOUNT $ 5,293,731.04 Outstanding Checks as of month-end (3,689,889.72)
CITY - MAIN CHECKING ACCOUNT AVAILABLE BALANCE 1,603,841.32 $ BANK OF AMERICA - PAYROLL $ 13,473.41
HOUSING AUTHORITY - BANK OF AMERICA - CHECKING ACCOUNT 227,052.77 Outstanding Checks as of month-end (35,635.88)
HOUSING AUTHORITY - CHECKING ACCOUNT AVAILABLE BALANCE 191,416.89 $ SUCCESSOR AGENCY - BANK OF AMERICA - CHECKING ACCOUNT 8,593.79 Outstanding Checks as of month-end -
SUCCESSOR AGENCY - CHECKING ACCOUNT AVAILABLE BALANCE 8,593.79 $ DEMAND DEPOSIT ACCOUNTS - TOTAL $ 1,817,325.41
YIELD
LOCAL AGENCY INVESTMENT FUND (LAIF)
CITY 3.670% * 47,398,079.67 $
CITY - Former RDA Bond Proceeds 3.670% * 478,979.54
CITY -Total 47,877,059.21
SUCCESSOR RDA 3.670% * 186,483.25
HOUSING AUTHORITY 3.670% * 1,350,278.27
INVESTMENTS TOTALS $ 49,413,820.73
OTHER CASH
IMPREST ACCOUNT $ 500.00
CASH ON HAND 1,350.00
OTHER CASH TOTAL $ 1,850.00
CASH AND INVESTMENTS - GRAND TOTAL 51,232,996.14
PREVIOUS MONTH 54,769,790.96
CHANGE +/(-) $ (3,536,794.82)
All investments are in accordance with the City Investment Policy, and as such, sufficient funds are available to meet the cash flow requirements of Loma Linda, including the next thirty days' obligations.
Treasurer
* LAIF Yield interest rate shown is for October 2023 as the November 2023 Rate has not been released as of 12/7/2023 November 2023
CITY OF LOMA LINDA
COMPOSITION OF CASH
INVESTMENTS
-
10,000,000.00 20,000,000.00 30,000,000.00 40,000,000.00 50,000,000.00 60,000,000.00 70,000,000.00 11/22 12/22 1/23 2/23 3/23 4/23 5/23 6/23 7/23 8/23 9/23 10/23 11/23
CITY OF LOMA LINDA
MONTHLY TREASURER'S REPORT 11/22-11/23
CITY, SUCCESSOR RDA & HA - TOTAL CASH AVAILABLE CITY- FORMER RDA BOND PROCEEDS BASELINE City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Fire Department's Activity Report - November 2023 [Fire] Meeting
Tuesday, December 12, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: 3D
To
City Council
From
Nataly Alvizar, Executive Aide
Via
Dan Harker, Fire Chief
Attachments
November 2023 Fire Department Activity Report.pdf
Accepted for filing by City Council
Date:
RECOMMENDATION:
It is recommended that the City Council receive the report for filing. 1 of 1
SUBJECT: November 2023 Fire Department Activity Report
Operations Division:
The Fire Department’s Operations Division responded to 462 incidents in November 2023. Of the 462 incidents, 32 calls were given in Mutual/Automatic Aid. The alarm types are broken down as follows:
Fire & Rescue Month YTD
Medical Aid (MA) 322 69.7% 3158 67.5%
Traffic Collision (TC) 9 1.9% 136 2.9%
MA + TC 331 71.6% 3294 70.4%
Hazardous Conditions 4 2.40% 23 0.70%
Hazardous Material 1 0.40% 13 0.40%
Public Assistance 26 6.90% 191 5.50%
Rescue 3 0.90% 22 0.60%
Structure Fire 3 2.10% 36 1.00%
Cooking 1 0.00% 2 0.10%
Vegetation Fire 3 0.40% 24 0.70%
Vehicle Fire 1 0.00% 4 0.10%
Refuse Fire 5 1.10% 48 1.40%
All Fires 13 3.60% 114 3.30%
Good Intent/Dispatched
& Cancelled Enroute 35 7.6% 485 10.4%
Fire Alarm Activation* 17 3.7% 158 3.4%
*Note: Includes accidental activation, burnt food, system malfunction, malicious, etc.
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Authorization to apply for the Emergency Management Performance Grant (EMPG) [Fire] Meeting
Tuesday, December 12, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: 3E
To
City Council
From
Dan Harker, Fire Chief
Via
Tom Ingalls, Fire Marshal
Approved/Continued/Denied by City Council
Date:
RECOMMENDATION:
It is recommended that the City Council authorize the Fire Department to apply for and appropriate the revenue from the 2023 Emergency Management Performance Grant (EMPG) funds into account 0010000-49334; and to authorize the City Manager to execute related documents. It is also recommended that the City Manager be able to accept additional grant funding should it become available.
BACKGROUND:
On an annual basis, the Emergency Management Performance Grant (EMPG) funds are distributed through the State's Office of Emergency Service regions and awarded to jurisdictions within the Operational Areas. If approved the anticipated amount will be approximately $14,793.00.
ANALYSIS:
EMPG funds will be utilized to train City staff on the updated Emergency Operations Plan (EOP), and Emergency Operations Center (EOC) position-specific training. Instructions will be delivered via a consultant.
ENVIRONMENTAL IMPACT:
N/A
FINANCIAL IMPACT:
The grant proceeds will decrease the financial impact on the City by offsetting the total cost of the consultant's fees by $14,793.00. The EMPG grant is a matching grant, City will be responsible for matching the amount used for EMPG funds.
Grant Manager's hourly rate can be used to help match by tracking hours spent on grant planning, training, and delivery.
The grant revenue will be appropriated to account 0010000-49334.
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Approve Appropriation and Award Contract for 9 Additional LPR Cameras [Public Works] Meeting
Tuesday, December 12, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: 3F
To
City Council
From
Jeff Peterson, Associate Engineer
Via
T Jarb Thaipejr, City Manager
Approved/Continued/Denied by City Council
Date:
RECOMMENDATION:
It is recommended that the City Council approve a supplemental appropriation of $33,200 from Citizens Option for Public Safety (COPS) Grant Fund Balance into the COPS Contractual Agreements Account No. 1355430-51830, and award a contract to Flock Group, Inc., for the installation and monitoring of 9 additional LPR cameras at various locations.
BACKGROUND:
In January 2023, the City Council awarded a contract for the installation and monitoring of 17 LPR cameras. This initial phase has met with great success in identifying and apprehending criminals within the City and surrounding coordinated communities. Several crimes, including grand theft auto and hit-and-run auto accidents, have been solved with this technology. Staff has been working with the County Sheriff for further deployment of this technology to continue reducing crime. Currently, we have an agreement for one year with a 30-day data storage limit to service 17 LPR cameras with the surrounding communities' coordination. The updated and continuing agreement will be for five years with data storage of one year rolling forward.
ANALYSIS:
The software system and technology of the LPR camera system are impressive at real-time identification and coordination of reducing criminal activity. Their software user interface allows for unlimited user licenses for City staff and the Sheriff’s Dept. Adjacent cities, such as Colton, Redlands, and Moreno Valley use the Flock Group LPR system.
This appropriation will cover the one-time cost for the additional cameras, installation, and monitoring to finish out the fiscal year. The continuing cost beginning in FY 24-25 will be $72,800.00/year for five years.
The Sheriff’s Department has identified several more intersections that would benefit from this technology. The project will be funded by the State Citizens Options for Public Safety (COPS) Grant program. This phase is to add 9 LPR cameras to our system for a total of 26 and extend the support and coordination for a total of five (5) years. This economy of scale reduces the annual cost of software licenses and support. Flock Group, Inc., the vendor, is expected to continue to develop and improve the technology over this period. We should benefit from this relationship with updates in software and hardware.
The City Manager and/or Sheriff's representative may wish to add to this report.
ENVIRONMENTAL IMPACT:
Attachments
CA-City of Loma Linda - Law Enforcement Agreement.pdf
FLOCK CAMERA LOCATIONS.pdf
N/A
FINANCIAL IMPACT:
A Supplemental Appropriation of $33,200.00 from the COPS Grant fund balance into the COPS Contractual Agreements Account No. 1355430-51830.
Flock Safety + CA-City of Loma Linda
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:
Tonia Crump
[email protected]
4049329942
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 privatepublic partnershipsincident alerts / minute 1B+ vehicles detected / month
<60% local crime reduction
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
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.
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.
Software Add-Ons
Advanced Search Package Unlock more leads and build stronger cases with minimal evidence on the front-end of your investigations with
Advanced Search features:
● Visual Search - Upload any digital image and
transform it into an investigative lead
● Multi-Geo Search - Link a single suspect vehicle to
multiple crimes, even without a vehicle description
or plate number
● Convoy Analysis - Detect suspect vehicles
frequently traveling together to identify
accomplices to serial or organized crimes
Software Integrations
Access real-time incident data in a single ESRI-based map by layering intelligence from your existing data streams into your Flock Safety software experience.
● Computer-Aided Dispatch (CAD) Integration -
Provide your Dispatchers and Patrol Officers with
real-time incident context from 911 calls. Display
CAD events in your Flock Safety Map, including
important incident information like location,
priority, and event type.
● Automatic Vehicle Location (AVL) Integration -
Bring live patrol locations and status into a single
map view, giving dispatchers and patrol officers
more context to deploy resources effectively and
decrease incident response times.
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.
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.
EXHIBIT A
ORDER FORM
Customer: CA-City of Loma Linda Initial Term: 60 Months Legal Entity Name: CA-City of Loma Linda Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 25541 Barton Road Loma Linda, California
92354
Billing Frequency: Annual Plan - First Year Invoiced at Signing.
Retention Period: 365 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $72,800.00
Flock Safety Flock OS
FlockOS ™ Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 26 Included
Flock Safety Platform Add Ons
Extended data retention (Up to 1 Year) $300.00 26 $7,800.00 Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Standard Implementation Fee $650.00 3 $1,950.00 Professional Services - Existing Infrastructure
Implementation Fee $150.00 6 $900.00
Subtotal Year 1: $75,650.00
Annual Recurring Subtotal: $72,800.00
Discounts: $65,000.00
Estimated Tax: $0.00
Contract Total: $366,850.00
Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $75,650.00
Annual Recurring after Year 1 $72,800.00
Contract Total $366,850.00
*Tax not included
Discounts
Discounts Applied Amount (USD)
Flock Safety Platform $65,000.00
Flock Safety Add-ons $0.00
Flock Safety Professional Services $0.00
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.
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 Vehicle Fingerprint Search Search footage using Vehicle 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 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.
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: CA-City of Loma Linda
By:
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Name:
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Title:
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Date:
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PO Number:
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 28 day of November 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 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).
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 (“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 (“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 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 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) 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 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.
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. 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.
7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 11.1 and
11.6. 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 WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
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
GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS 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 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.
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.
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 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]
Customer NOTICES ADDRESS:
ADDRESS:
ATTN:
EMAIL:
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 (v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Award Contract to Southcoast Lighting to Purchase Twelve Solar Walkway Lights [Public Works] Meeting
Tuesday, December 12, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: 3G
To
City Council
From
Jeff Peterson, Associate Engineer
Via
T Jarb Thaipejr, City Manager
Approved/Continued/Denied by City Council
Date:
RECOMMENDATION:
It is recommended that City Council award a contract to Southcoast Lighting of Noman, OK in the amount of $16,616.80 to purchase twelve solar powered bollard style walkway lights. City staff will provide installation, inspection and project management.
BACKGROUND:
The City Manager directed staff to purchase materials and equipment to provide walkway lighting along the SCE easement between Mission Road and Van Leuven Street. The project is to utilize the similar equipment that was used for Barton Road demonstration project.
ANALYSIS:
Staff prepared and solicited informal bids for this purchase. Three (3) bids were submitted and compared, results attached.
The cost is within the budgeted amount and compares favorably with the demonstration project costs.
ENVIRONMENTAL IMPACT:
N/A
FINANCIAL IMPACT:
Funding is available in Account No. 0013030-58240, Streets & Traffic Safety – General Capital Improvements.
Attachments
Bollard Lights 2023.pdf
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Approve Purchase of 96 Domestic Water Meters from HydroPro Solutions, Inc. [Public Works] Meeting
Tuesday, December 12, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: 3H
To
City Council
From
Jeff Peterson, Associate Engineer
Via
T Jarb Thaipejr, City Manager
Attachments
Approved/Continued/Denied by City Council
Date:
RECOMMENDATION:
It is recommended that the City Council award a contract for $25,435.90 to HydroPro Solutions, Inc. of Ontario, CA for purchase of 96 Allegro 4G domestic water meters.
BACKGROUND:
The on hand supply of domestic 1” 4G water meters is low. Lennar Homes is in the process of completing another phase of single family residences. This purchase from our current approved vendor should cover the immediate need as well as near term needs. The Utility Superintendent has reviewed the cost and determined that it is competitive and in line with similar purchases.
ANALYSIS:
Staff requested costs for 96 water meters from our current vendor. The cost to repair is $25,435.90 which includes tax. As this is a purchase only no contingency allocation is requested.
ENVIRONMENTAL IMPACT:
N/A
FINANCIAL IMPACT:
Funding is available in account no. 4657030-51300.
20231205142926003.pdf
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Change Order for the Audio/Visual Equipment in the Council Chambers [Information Systems] Meeting
Tuesday, December 12, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: 3I
To
City Council
From
Lynette Arreola, City Clerk
Via
T Jarb Thaipejr, City Manager
Approved/Continued/Denied by City Council
Date:
RECOMMENDATION:
It is recommended that the City Council approve a change order to the contract with Western Audio Visual & Security for $18,800 to upgrade functions on monitors at the dias and add accessible network connections and switches.
BACKGROUND:
In April of this year, the City Council awarded Western Audio Visual & Security a contract to upgrade the audio and visual equipment in the City Council Chambers. Following the work, there were requests to add additional monitor functions for Council Members and provide similar monitor functions for City Staff that would allow staff electronic access to the agenda packets and presentations during the meetings. Providing staff with electronic agenda packets during meetings would reduce paper consumption and be more sustainable.
The City also experienced some technical problems with the monitors that required resetting/rebooting the controllers; however, the monitor controllers were inaccessible and located behind panels at the dias. The electrical breakers were used to reset the system. The change order would modify the network connections and install network switches, enabling staff access to the monitor controllers for technical issues.
ANALYSIS:
During construction, there were change orders to the project that involved using a different manufacturer for some equipment items, which ultimately reduced the cost of the contract amount by approximately $13,500. After the work was completed, the project cost remained $13,500 under the contract amount. The City Council also approved a 10% contingency allocation of $25,000. Those funds were not spent.
This change order request is less than 10% of the total project cost. The savings from the initial change orders and unspent contingency allocation are sufficient to fulfill this Change Order request.
ENVIRONMENTAL IMPACT:
None
FINANCIAL IMPACT:
Attachments
Wesertn AV Change Order 12-07-2023.pdf
Funding for the Change Order amount of $18,800 is available in Account No. 0011940-58845.
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Approval of Agreement with Colantuono, Highsmith, and Whatley for Legal Services [City Attorney] Meeting
Tuesday, December 12, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: 3J
From
Diane E. Robbins, City Attorney
Approved/Continued/Denied by City Council
Date:
RECOMMENDATION:
Authorize the City Attorney to enter into an agreement with the law firm of Colantuono, Highsmith & Whatley (CHW) for legal services primarily in connection with land use issues on an as-needed basis.
BACKGROUND:
From time to time, the City is in need of specialized services in connection with land use issues. Recent legislation has been enacted that affects housing requirements and the City is required to navigate through these requirements. The City has used the legal services of CHW in the past and the firm's legal services have been excellent, and their attorneys have responded promptly to staff's requests for assistance.
ANALYSIS:
CHW has an outstanding reputation as one of the top law firms in the practice of municipal law. Colantuono, Highsmith & Whatley is a municipal law firm with offices in Pasadena, Grass Valley, Sacramento, Solana Beach, and Sonoma that represents public and private clients throughout California in municipal law, including public revenues, land use, elections, labor and employment, post-redevelopment, housing, public works contracting, utility services, the California Environmental Quality Act (CEQA), the Cortese-Knox-Hertzberg Act regarding Local Agency Formation Commissions, and associated litigation.
The firm was recognized as one of California's Top Ranked Law Firms by Martindale-Hubbell in 2014 and Michael Colantuono, Terri Highsmith, Jenni Pancake, Michael Allderdice, Jeffrey Walter and Scott Howard have each achieved the highest AV rating from Martindale-Hubbell. Michael (2011-2013) and Holly Whatley (2013) have been listed as among the Top Municipal Lawyers in California by the Daily Journal newspaper. Michael was awarded the 2010 Public Lawyer of the Year Award by the California State Bar, is a former President of the City Attorneys Department of the League of California Cities, former President and Chair of the Board of Trustees of the State Bar, and Secretary/Treasurer of the California Academy of Appellate Lawyers-a prestigious organization of about 100 of the most respected appellate advocates in our State. Michael is also certified as an Appellate Specialist by the California State Bar’s Board of Legal Specialization.
ENVIRONMENTAL IMPACT:
None.
FINANCIAL IMPACT:
Attachments
CHW Agreement.pdf
CHW will bill for the legal services rendered on an hourly basis at $405 to $425 per hour, and in response to staff requests for legal assistance as authorized by the City Manager and the City Attorney.
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Council Bill #R-2023-40 - Approving a Loan from Special Projects Construction Fund to Water Acquisition Fund [Finance]
Meeting
Tuesday, December 12, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: 3K
From
Sonia Fabela, Finance Director
Approved/Continued/Denied by City Council
Date:
RECOMMENDATION:
It is recommended that the City Council adopt Council Bill #R-2023-40, approving a $4,350,000 loan from the City’s Special Projects Construction Fund to the Water Acquisition Fund as well as Supplemental Appropriations into the following accounts; Infrastructure account in the amount of $2,008,800, General Fund Overhead account in the amount of $387,000, and Interest Expense account in the amount of $59,200.
BACKGROUND:
During the process of updating the City’s Development Impact Fee (DIF) Study and Master Plan, a future need for additional water storage capacity, specifically in the southeast quadrant of town was identified. On March 14, 2023, the City Council awarded contracts totaling $6,302,836 to several companies as well as authorized a contingency amount of $567,000 to initiate the construction of a 1.6 Million Gallon (MG) reservoir. As the construction spanned over two fiscal years, the majority of the work is being completed in fiscal year 2023-2024. The adopted budget for the fiscal year 2023- 2024 included an appropriation of $4,500,000 for the construction of a 1.6 MG reservoir as well as $738,100 for the installation of the waterline at Beaumont and Nevada St. for a total of $5,238,100 in the Water Acquisition Infrastructure expense account. Fund balance, estimated development impact fees of $979,600, interest revenue, and an estimated loan from the Special Projects Construction Fund in the amount of $2,500,000 were expected to cover construction costs. Upon review of the anticipated DIF, it was noted that only about 25% of the anticipated revenue will be received by the end of fiscal year 2023-2024.
ANALYSIS:
After analysis of both projects, the year-end estimated amount increased to $6,241,900 for the $1.6 MG reservoir and $1,005,000 for the waterline installation. Due to the increased costs, General Fund Overhead of 19.5% also must be increased by $387,000. As a result of the reduced estimated DIFs as well as increased construction costs and overhead, the loan amount has increased from $2,500,000 to $4,350,000. The requested loan and accrual of interest will commence upon the approval from City Council. Interest will accrue at the Local Agency Investment Fund (LAIF) rate averaged over a six-month period and prorated based on when payments are made. Payments are to be made as DIF funding is available.
The estimated accrued interest expense for Fiscal Year 2024 is $59,200.
Attachments
Resolution - Loan Spec Proj.pdf
ENVIRONMENTAL IMPACT:
No environmental impact.
FINANCIAL IMPACT:
Approval of the $4,350,000 loan from the Special Projects Construction fund will ensure available funds for the construction completion of the $1.6 MG reservoir. Approval of supplemental appropriations into the following Water Acquisition accounts:
4387200-51900 General Fund Overhead $387,000
4387200-58500 Infrastructure $2,008,800
4387200-58845 Interest Expense $59,200
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA,
CALIFORNIA, APPROVING A LOAN FROM THE SPECIAL PROJECTS
CONSTRUCTION FUND TO THE WATER ACQUISITION FUND
WHEREAS, the City of Loma Linda is desirous to completing the building of a 1.6 Million Gallon reservoir; and
WHEREAS, the Water Acquisition fund is lacking $4,350,000 to complete the reservoir, and therefore requires a loan to accomplish the payment;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LOMA LINDA CITY COUNCIL THAT:
Section 1. The foregoing recitals are true and correct and constitute a substantive part of this Resolution.
Section 2. The City of Loma Linda hereby approves a loan in the amount of $4,350,000 from the Special Projects Construction Fund to the Water Acquisition Fund. Outstanding principal on the amounts loaned hereunder shall accrue interest at the Local Agency Investment Fund (“LAIF”) rate pursuant to Section 16429.1 et seq. of the California Government Code and as computed by the City Treasurer until such amounts have been fully repaid.
Section 3. Said loan shall be repaid to the City’s Special Projects Construction Fund at such time as receipts from development impact fees in the Water Acquisition Fund shall permit.
Section 4. This Resolution shall be effective immediately upon adoption.
Section 5. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 12th day of December 2023 by the following vote to wit:
Ayes:
Noes:
Abstain:
Absent:
Phillip Dupper, Mayor
ATTEST:
Lynette Arreola, City Clerk
COUNCIL BILL #R-2023-40
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Appoint Three Historic Commission Members Whose Terms Expired Meeting
Tuesday, December 12, 2023, 7:00 PM
Agenda Group
New Business Item: 5A
To
City Council
From
Lynette Arreola, City Clerk
Via
T Jarb Thaipejr, City Manager
Approved/Continued/Denied by City Council
Date:
RECOMMENDATION:
Make three (3) appointments or reappointments to the Historical Commission as the City Council deems appropriate.
BACKGROUND:
The Historical Commission consists of eight (8) members who serve four-year terms. The Commission prepares recommendations to the City Council pertaining to buildings and sites in the City of historical significance to further preserve the history of the City. A historical preservation ordinance has been adopted by the City Council and the Commission is working on various aspects of the ordinance for implementation. A Historic District has been established.
The Historical Commission normally meets bi-monthly (Jan., Mar., May, July, Sept., Nov.) on the first Monday of the month at 5:30 p.m. in the Community Room of the Civic Center.
The Notice and summary of the three (3) member terms of the Historical Commission expiring is attached. The Notice was posted at the three required locations - Civic Center, Library, and Post Office as well as the City's website.
The three members whose terms have expired are: William Coffman, Joseph Frink, and Michael Stewart. The three incumbents expressed interest in reappointment.
The City received four (5) applications:
ANALYSIS:
N/A
William Coffman
Joseph Frink
Leland Lubinsky
W. Michael Stewart
James Watson
Attachments
Annual Appointment Notice Historic Commission 10-18-2023.pdf NOTICE
LOCAL APPOINTMENTS LIST
PLEASE TAKE NOTICE that pursuant to Government Code Sections 54970 et seq., attached is the Historical Commission information, which are appointed by the City Council of the City of Loma Linda, including a list of appointive terms which expired in July 2023, the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position.
APPLICATIONS to serve on the Historical Commission may be obtained from the City Clerk or the City’s Website: www.lomalinda-ca.gov and submitted to the City Clerk, City of Loma Linda 25541 Barton Road, Loma Linda, CA 92354. Resumes are encouraged. Application deadline is November 22, 2023.
COMMITTEE APPOINTMENTS will be scheduled for the City Council meeting of December 12, 2023.
HISTORICAL COMMISSION
Vacancies: None
Terms Expired: July 1, 2023
Name Appointed/Re-appointed
William Coffman 12/13/1994; 8/10/1999; 5/28/2002; 8/22/2006; 8/24/2010; 6/24/2014; 7/10/18; Joseph Frink 12/8/20 (alternate); 5/11/2021
Michael Stewart 10/26/1999; 5/27/2003; 6/26/2007; 6/28/2011; 6/23/2015 The Historical Commission consists of eight (8) members who serve four-year terms. The Commission prepares recommendations to the City Council pertaining to buildings and sites in the City of historical significance to further preserve the history of the City. An historical preservation ordinance has been adopted by the City Council and the Commission is working on various aspects of the ordinance for implementation. A Historic District has been established.
The Director of Community Development is the City’s staff liaison member. The Commission normally meets bi-monthly (Jan., Mar., May, July, Sept., Nov.) on the first Monday of the month at 5:30 p.m. in the Community Room of the Civic Center. Commission Members are required to file a Statement of Economic Interests pursuant to the City's adopted Conflict of Interest Code as mandated by the Political Reform Act and enforced by the Fair Political Practices Commission (FPPC). Statements of Economic Interest are public records.
October 18, 2023
A:\AGENDA\Agenda Reports.Council\Committees\Appointments\Annual Appointment Notice Historic Commission 10-18-2023.docx