Monterey Park City Council
August 5, 2024

County of Yuba
Proposal from Sun Ridge Systems, Inc.

Sun Ridge Systems, Inc. Page 12
• Minimum Specifications – End-User Client Devices (workstations, mobiles and smartp hones)
PC Workstation Requirements
If using existing PCs:
• Intel 2Ghz+
• Windows 10 or later
• 8 GB Memory
• Any Size Disk
• 1920x1080 monitor resolution

If purchasing new PCs:
• Any Speed Processor
• Windows 10 or later
• 16 GB Memory
• Any Size Disk
• 1920x1080 monitor resolution

Mobile computers (minimum):
• Windows 10 or later
• Wireless based modem (for connectivity)
• Virus Protection Software
• 8 GB memory
• 2 or more USB ports
• Optional touchscreen
• Optional Magnetic Stripe Reader (USB)
• 1920x1080 monitor resolution

Mobile Devices

We have no specifications for these devices – smart phones and pads. While almost all IOS and Android models are acceptable, please check with us first regarding devices you might be considering.

• iPhones/iPads must be running IOS v14+
• Android must be running v.11+

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Proposal from Sun Ridge Systems, Inc.

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• System and Th ird-Party Software

ESRI ArcView: Assuming you will be using ESRI products for your mapping, our proposal does not include the ArcView software that is required for any workstation that will use RIMS In Station Mapping. If licenses are not already available in the County, you will need one copy of ArcView GIS v9.x that can be used for the first position, and then a copy of ArcGIS 9.x Runtime Engine for each additional in station workstation that will use RIMS Mapping.

Remote Access: We utilize Bomgar Remote Access software by BeyondTrust for installation and follow-on support services. There is no cost to your agency.

Unattended access is required for the duration of the project. After system acceptance, the County may revert to attended access but please note that our response to support requests may be delayed due to not having immediate access to your system.

Mobile Mapping: It is possible to use ESRI mapping in the car, but expensive, absent a site license. Google Maps is an option as well. There is no licensing cost from Sun Ridge for Google Maps.
• Performance Characteristics
Based on the minimum recommendations described here, we have clients who have been using RIMS for 3 0+ years who have not experienced performance issues attributable to RIMS.
• Please find our detailed resp onse to your req uirements as specifi ed in Appendix A – Form E in a separately attache d file .
• Mobiles and Report Writing
Officer report writing software is available in car . It essentially duplicates the entry process used at the station with RIMS.
• End User Devices Support ed
a. RIMS Client Desktops = Windows PC
b. RIMS Mobile Software = Windows PC
c. RIMS iRIMS/Law App = iOS/Android
• Will mobiles solutions run on Android/iO S?

County of Yuba
Proposal from Sun Ridge Systems, Inc.

Sun Ridge Systems, Inc. Page 14
Yes – iRIMS/Law

3. Performance and Reliability
• Back-up/Failover
This is a fu nction of the hardwar e and S QL configurations (Mirror ing, Failover, clustering, etc) that you choose to employ. RIMS functions in any of these environ ments. There are many solutions to this process. For examp le, the most common r edundancy used by our clients is just RAID-5 disk arrays with hot swap. This is typica lly a post-award discussion item of the vari ous possibilities and how much you are will ing to spend on your server/SQL environment . • Impact to systems during:
a. Server Upgrades /Replacement: This would be a process th at you would perform in conjunction with Sun Ridge tech support to perform. We include a dry run in the server move process to determine the approximate downtime f or users.
b. Application Up grades/Updates: RIMS updates are released periodically throu ghout the year and do not require downtime to install, how ever, users may be required to lo goff/lo gin from RIMS for the updates to install on their local client. Upgrades to a substantial new version are performed annually and are designed to minimize downtime. For upgrades (not updates), downtime may be 10 – 30 minutes.
• Concurrent Operat ion without Sys tem Integration
We would not have been in business for over 30 years if system performance degraded due to many applications /users being on the system a t the same time. We can ensure this by confirming with o ver 250 agencies who have never experienced ongoing unsatisfactory performance issues attributable to RIMS.
• System Availability of 99.99%.

The RIMS software is very highly reliable . It would be extremely rare for any software issue to take d own the entire RIMS application . In the event of such an occurrence Sun Ridge support p ersonnel would work aro und the clock t o correct it.

County of Yuba
Proposal from Sun Ridge Systems, Inc.

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More common are non-software related issue s, the most common being issues related to yo ur network .

Assuming that th e definition of “performance standards ” is 99.99% availability, if it were determined to be solely at tributable to the RIMS software, we would work within the parame ters of our Soft ware Supp ort Service s agreement to addres s the issue .

4. System Failover and R estoration
• Proposed Back -up/disaster recover y environment
Sun Ridge is not proposing a s pecific back -up/disaster recovery environ ment but is willing to meet with you to discuss options you have be considering . RIMS is not dependent on a specific back -up/disaster recovery solution . • Do operations autom atically failover ?
That depends on ho w the system is designed for a failover configuration . • What actions must be taken ?
That depends on ho w the system is desi gned for a failover configuration . • How much time unt il operations commen ce?
That depends on ho w the system is designed for a failover configurati on. • How will the backup process affect live operations ?
Sun Ridge is not proposing a recommended “System backup pro cess”.

That depends on ho w the system is design ed for a failover configuration .

If you ’re referring to data bac k-ups in this re quirement , they do not affect live operations.
c. Are all system fu nctions avai lable in a failover situation? That depend s on how the system is designed for a failover configurati on.

However, it has been our e xperiences that interfaces dependent on specific communication paths or IP addresses, suc h as CLETS, or physical connections such as an ANI/ALI contr oller, may be unable to automatically failover.

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Proposal from Sun Ridge Systems, Inc.

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If you are referring to data back-ups in this re quirement , all applications are available .
d. Tasks by County personnel and level of technical knowledge That depend s on how the system is designed for a failover configuration or data backup scheme they determine .
e. Are ba ckups o f an earl ier software version or hardware platform al ways available in the current s ystem?
You can certainly keep o lder versions of RIMS on your servers and revert to them if they are relatively recent . Sun Ridge cannot speak to the a vailability of older hardware platforms .

5. Network Compatibility
• Describe the network that w ill be necessary to provide connectivity to the application (s).

Typically, 100MB+ network is desired for connectivity . • Will a dedicated ne twork be required ?
Not necessarily, however, you will be required to meet DOJ standards. • Network requirements for Mobiles and Field Reporting
Of course you will want to use the highest connection /coverages available to you within your budget. LTE at a minimum .
• Can applications accessed through a web browser
No.
• Describe how the mobile dispatching sy stem works with intermittent connectivity .

The RIMS M obile software check s for connecti vity to the RIMS server and if/when it detects none, it saves the officers work to the local laptop. Once connecti vity is reesta blished, it automatically connects and send the la test data to the RIMS server. Any updates from CAD are resent to the mobile.

County of Yuba
Proposal from Sun Ridge Systems, Inc.

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• Functional limit ations in environment of intermittent connectivity Officers will be unable to receive updates from CAD. CAD wil l not receive updates from officer.
• Describe how mo bile Report Writing system works with intermittent connectivity
The RIMS M obile software chec ks for connecti vity to the RIMS server and if/when it detects none, it saves the officers work to the local laptop. Once connecti vity is reestablished, it automatically connects and send the la test data to the RIMS server.
• Functional limit ations in environment of intermittent connectivity A report may not be fully transmitted until connection is reestablished .

County of Yuba
Proposal from Sun Ridge Systems, Inc.

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5. System and Application Software

1. Operati ng System
a. Provide the name and version number of propo sed Operating Systems for:
• Servers: Windows Server Microsoft Windows 2016 Server or later (Data Center Edition)

• CAD Workstations: Windows 10 or later

• Mobiles/Report Writing: Windows 10 or later

• RMS Workstations: Windows 10 or later

• JMS Workstations: Windows 10 or later

2. System Software A pplicatio n and Utilities
a. Please find our detailed resp onse to your req uirements as specifi ed in Appendix A Form F in a separately attache d file .
• Database Management Tool: Recommended b ut not re quired SQL Server Management Studio
• Communications Protocol: NA
• Language/Development Tools: NA
• Utility/Report Writer Programs: NA
• Administrative Tools: NA
b. Tools for password re covery

RIMS password recovery is part of RIMS. If allowed by your department, user may reset their own password from the Sign-On screen. A SMS message containing a one-time password will be sent to the User's mobile phone number. After entering this reset one- time password, the User can then reset their own password. If not allowed by your department, the user will be required to contact their onsite RIMS administrator.

County of Yuba
Proposal from Sun Ridge Systems, Inc.

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3. Software License Agreement :
a. Our softw are license agreement may be found in Attachm ent 1. b. Type of licensing agr eements: All RIMS sof tware is sold as a site license . c. How many licenses are proposed per applications: Site license d. Does the Proposer provide a site li cense option : Yes

4. Major System Components

You will find our detailed response to your requirements as specified in Appendix B in a separately attached file.

5. Interfaces and Integration
a. Please find our detailed resp onse to your req uirements as specifi ed in Appendix A Form G in a separately attache d file .
b. Reporting tools native to application: The ability to search data and create reports is incorpo rated as part o f RIMS. The results of the se arch can be exported to standar d Microsoft Office products such as Excel or Word for further manipulation. In addition , SQL based reporti ng tools could be employed. c. Third-party reporting tools included: None
d. Additi onal (future) Interfaces
• Proposers appro ach: Interfaces that require S un Ridge ’s assistance require a request to Sun Ridge who will then scope the work and provide a quotation. • Is a repo sitory/warehouse offere d: Not by Sun Ridge but se veral of our agencies do employ third-parties for such. Some require assistance from Su n Ridge to obtain access to your data and some are able to access your data without Sun Ridge.
• What trainin g is provided for users to develop unique interfaces : None, we believe this is best left to the experts.

6. Security Features

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a. Describe level of depth security and permissions contr olled within the application View, modify, add, del ete and “c an do” capabiliti es are set up for each function for each security group. Users belong to a se curity group. Groups may be cloned and then rights added and/or subtra cted, renamed , and then applied to users. Security is controlled by local System Administr ators, not IT. The below screen shots represent an agency’s security groups, the menu items fo r the Officer security group, and the page for jus t the additional case rights. There are over 25 separate pages/grids of rights per security group:

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b. Describe auditi ng capabilities of the System (include scr eenshots ) Audit logs are available for cases, peo ple, property, vehicle s, offender rec ords, warrants, subpoenas, case investigation, officer case investigation, follow -ups, civil, and mor e. Below is an example of a pe rson record audit:

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c. Describe the process (and technical requirements) for which Proposer inten ds to access the proposed system to provi de remote diag nostics.

We use Bomgar by Beyond Trust for remote access to servers and workstations. Bomgar provides two-factor authentication along with encryption levels as required by FBI CJIS. d. Does the system support ac tive directory?: Yes
e. Are passwords enforced pe r CJIS security requirements ?: Yes f. Does the system support SAML authentication? : Not at this time g. Does the s ystem support MFA at the application level?: As required by CJIS for Mobile users, yes. Users in a secure network do not require MFA.

7. Geofile
a. Describe the process of the initial buil d of the map from County GIS source data:

Our ge ofile is loaded using th e agenc y supplied centerline map. From this map, we utilize ArcGIS to build cross streets tha t then is exported for us to process into a geofile d atabase of address ranges within RIMS. The agency is responsible for

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supplying any a dditional data within th e cente rline map, including the reporting districts.

For mapping purposes, the County will s upply all the layers t hey desire for use in ArcGIS Ar cMap. We initially build the map using ArcMap to create a n MXD file that has all the supplied layers. Our m apping product then loads this MXD for display and analysis usage.

Data sou rces ca n include f ile geodatabases, ArcS DE, or ArcGIS S ervers that are viewable from ArcMap’s MXD. Distributio n of the data depends on how the MXD and file s are located at the agency and is typically defined during implementation . b. What ESRI software and version is req uired.

Any workstation that will run the RIMS In -Station M apping Software must run the ESRI AcrView Run -time Engine. As least one position must run a full version of ArcView. Latest v ersions ar e supported.

ESRI is not required for the server .

In lieu of ESRI -based maps, the County may utilize Google maps. As a cost saving measure, this is suggeste d for RIMS Mobile Mapp ing running on the mobile laptops. c. What GIS data/ base map layers are require d for the g eofile? It’s important to understand t hat the “map” and the “geofile ” are two different things in R IMS. The “map” in generated using a County -provided map source , be it ESRI-based or Goo gle and any map layer s that the County wishes to display on the map.

The “geofile ” is a table within RIMS t hat includes the street name, cross street names, high/low addresses for blocks , intersections and responsible agencies. This is typically ge nerated f rom an ESRI-based street cent erline file , although other sources for the geofile may also be available.
d. What utilities are provi ded to m anage the geofile.

There are no “utilities”. It is managed within RIMS. Users (with proper authorization) may ad d or modify the geofile from within RIMS. e. Describe s ystem admin t ask require d to create, up date and maintain the g eofile.

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Because this is an import of GIS data into a RIMS specific g eofile, fu ture updates to the Geofile in RIMS is done via the RIMS screens. Our experience has shown that agencies th at create new streets and addresses, need to add them into the CAD and RMS systems way before the GIS department has added the streets to the GIS centerline file. As a result, a user would add new streets, block ranges, etc. through our applica tion via a simple series of scr eens i n RIMS , as samp le of which is provided below:

f. What is the process of s ynchronizing the geofile with the County ’s GIS database? This is a proc ess which you will need to determine. O ften times, the Sheriff ’s department s taff will ma ke modifications to the geofile in RIMS well in advance of the County GIS making those changes in their source data. Importing a “new” geofile from County GIS may no t incorporate all changes ma de by Sher iff’s users in the RIMS geofile and may overwrite updates they may have made . You will need to determine who contr ols the “master ” data set and the timing of how changes made

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by Sheriff ’s staff are conve yed to County GIS so that the y incorporate those changes into their latest update s.
g. What is the impact to the System w hen the g eofile is updated? In our 30+ years of experience, the g eofile is rarely , if ever , updated and replaced in its enti rety for the re asons s tated on above. There is not currently a mechanism to support a wholesale replaceme nt of the en tire geofile. h. Can the system integrate with intern et map service program s? Google = yes i. Does the System ad here to NENA addressing conve ntions /standards? Yes, ass uming your geofile source data does as well.

8. System Administration
a. Periodic Syste m management functions to maintain performance Promptly apply RIMS update s and upgrade s when w hat is fix ed or enhanced applies to the agency. Check user level security levels should a user change positions. Us e utilitie s to combine person r ecords and vehi cle records. Allow RIMS to purge certain old records that re quire your agreement via a config uration se tting. Pay attention to the load being placed on additional instances of virtual servers be yond the RIMS usage.

Monitor available disk space t o ensure you do not run out . Be wary of allowing database access to outside entit ies with whom you have contracted to extract data for analysis purposes . Employ general IT best practi ces for system backups . b. How much System Administr ator time is needed per week ? This would depend on what routine monitoring County IT employs and how much of those processes are a utomated. RIMS does not require a minimum or maximum amount of System A dministrator time per week. It many generally be close to zero hours.

The three most frequent IT -related problems we encount er are fail ure to make sure backups are occurri ng, running ou t of disk space, and making a change to the network that has unforeseen consequences .
c. Please find our detailed resp onse to your req uirements as specifi ed in Appendix A Form H in a separately attache d file .

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9. System Configuration
a. Describe how e ach system can be un iquely configured, specifically addressing:
• User interface : Dispatchers can custom ize the positioning of various windows in their user interface. Users system-wide are able to s elect various color schemes. Two fixed and one user -designed arrangement of RIMS screens are available.
• Code Tables: Sun Ridge tra iners will walk your staff thro ugh code table/data validation table se tup as part of t he insta llation process. There are more than 200 data validation/ pick list tables.
• Call types and dispositions: Yes, can be uniquely configured. • Function ke ys/commands: Function keys cannot be configured . CAD command line com mands can be configured to a certain extent . b. How does the system support the Department ’s specific workflow and approval processes?
This will be reviewed and defined as part of the conf iguration proce ss during installation.
c. How are configuration settings synchronized across all environ ments? RIMS has built in utili ties that do this with minimal user /IT intervention . d. Do code tables migrate during up grades?: Yes

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6. System Testing and Acceptance

• The County requires the defining of a review process to verif y the Proposer’s responses to all of the functi onal requirements and to confirm that the proposed software meets defined u ser requirements prio r to contra ct executio n. Describe your approach to confirm ing requirements, determining modifications necessary to meet the County ’s specificat ions and then addr essing those modifications .

We are more than willing to provide an onsi te demonstration of the p roduct prop osed.

We feel it ’s very import ant that you not only see but understand what you ’re purchasing in advance.

Please note that there i s only one version of RIMS that ’s it’s use by ALL of our 200+ customers. We don ’t provi de agency specific custom izations or modificatio ns except as may be not ed in our proposal or as a defined add itional cost item later . What you will find is that RIMS is hig hly configurable and meets the needs of every agency using it.

We strongly enco urage you to verify these statements when you talk to your many neighboring agencies that use RIMS.

Provide an ove rview of the roles and responsibility of the County and Propose r in designing and executing tes t plans.

Testing is c ompletely d efined by y ou. You are free to cond uct any ty pe of testing you feel you need , but we do not perform such formal tests . Remember, t here is only one version of RIMS with thousands of user s using it in a live en vironment eve ry day.

The County requires three (3) types of tests: Functional , Stre ss and Reliabilit y, and Performance Testing. Please note these tests include interfaces as wel l as system integration. The fo llowing questions are specif ic to each test :

Sun Ridge does not conduct formal functional, stress , and reliability tests. The RIMS you are buying is the exact same RIMS being used by thousands of users every day. It is pointless to test every function from the ground up when it i s happening literally continuously in real life. E ven every interface we are proposing is an installed product elsewhere.

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Interfaces, given the ir connection to the outside world and dependence on outside systems , are one place where we do test the installa tion to make sure communications and d ata transfer work as expected.

3. Functional Testing
• Describe h ow each req uirement in the functional requiremen ts matrix will be teste d.

Although this is up to you, per our standard acceptance test protocols, it’s accomplished by use of the so ftware in a live environment . • Describe how each interface will be tested.

Each interf ace is tested prior to system cuto ver. This also requires t hat each entity to which RIMS interface must be a ble to provide a test environ ment.

In our more than 30-years of project implementation experience, we have encountered many instances where the other p arty/vendor providing their portion o f the interface are unable to meet the ir part of the project schedule. It will be up to you to determine if you w ill compromise your project schedule until such time that these parties are able to provide their portion of the inter face for testing.
• Who wi ll be responsible for w riting the test scripts for each requirement?

The County , if county wants to do its own testing .
• Who will be responsib le for cond ucting the test scrip ts?

The County , if county wants to do its o wn testing .
• At what point in the implementation will thi s step occur?

Based on the questions asked in this section, it would be once all interfaces are available for testing and prior to system cu tover.

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• Are there any l imitations on time for completio n of testing?

See the acceptance test language below. Also note that Sun Ridge provides tra ining up to the day prior to system cutover. The re is no gap between the completion of training and system cuto ver to a ccommodate protracted testing without impacting the project schedule . You can of course do such testing post cutover if you like.
• Will all applications undergo functional testing?

If you are doing your own design ed functional test, that would be up to you.
• In the event that a functional requirement cannot be met, what is the remediation process that will be taken?

Please se e the acceptance test language below.

4. CAD Stre ss Testing
a. How will the CAD system undergo stre ss testing?
You are free to design your own stress test.
b. Will this is occur in the County ’s producti on env ironment? Yes
c. What acti ons will the Proposer ta ke in the even t the System fails stress testing? Please se e the acceptance t est language below.

5. Reliability and Performance Testing
a. What System performance requirements (e.g., transaction times) will be u tilized for baseline performance testi ng?

Clearly , it is possible to write poorly designed software that will have poor perform ance in terms of tr ansaction times. However, as opposed to the previous century , transaction times today are more affected by the design and performance of the netw ork and network traffic than the performa nce of the ap plication, the speed of the computer and the S QL

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database itself. Our existing customer s will a ttest that response times/transactions times have n ever been an issue with RIMS and that is why we never agree to do performance tests: It is pointless, time consuming, and expensive. If you wish to do your own performance testing you are of course welcome to do so. b. What to ols will be p rovided to measure the performance of the System a gainst the agreed -upon standards?

There are some too ls in SQL that you might be able to uti lize. Beyond that, there are no built-in features in RIMS to support such testing.
c. Will the Proposer agree to meet these performance requiremen ts over the :
• Warranty period?

Yes, our wa rranty c overs the perform ance of the RIMS applicat ion software , but not specific transaction times. Actions by the County, performance of the network, or performance due to third -party pr oducts or software would be ex cluded.
• Lifetime of the System?

There too many vari ables that can chan ge over the lifetime of t he system that go beyond the intrinsic performance of the ap plication software to make such guarantees.
d. For how long will the performance and reliability period last? The County desires a reliability period of 90 days.

Our standar d Acceptance T est is 30 days but w e would consi der a 90 day period. e. Describe the process should t he system fail during the reliability test period, as well as actions that will be taken by the Proposer (including time frames), as well as its effect on the length of t he testing period (e.g. , will testing be restar ted, paused, etc.).

See the Acceptance Test language in g. below .
f. Are any actions unique to the severity of the error?

Any and all repo rted errors are add ressed by both the proj ect and Support Services teams.

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g. The County will apply the Acceptance Test Pla n included in Appendix E. Does the Proposer accept thes e terms? If not, explain any exceptions and propose alternativ es. If an alt ernative is suggested, at a minimum, provide a sample of the plan that illustrates the process and parameters underlying it s test app roach.

For thir ty (30) days from the beginning of the County ’s Operational Use of the Software or forty ( 40) days after the comp letion of inst allation and trai ning by Sun Ridge, whichever comes first (the “Test Period”), the County shall test the system for defects and anomalies . “Operational Use” is defined as the County ’s use of the Sun Ridge Softwa re in the c ourse of the County ’s daily business activities. During the Test Period, Sun Ridge shall address and attempt to resolve issues with th e Software identified by the County under the Software Support Services Agreement . At the end of the Test Period, the County shall accept o r reject the Software as f ollows:

• If the County determines that the Software is performing to its satisfaction it shall immediately provide written notice to Sun Ridge of final acceptance of the Software (“Final Acceptance Notice). Any remaining issues with the Software shall be covered as part of the original cost of the system and handled as maintenance items under the Software Support Services Agreement.
• If the County decides to not accept the Software, then it must so notify Sun Ridge in writing within five (5) calendar days after the end of the Test Period (a “Rejection Notice”). If a Rejection Notice is given, this Agreement shall be automatically terminated and all payments already made by the County to Sun Ridge, less the cost of project management, installation, data conversion, and training services provided up to the date of termination shall be returned to the County by Sun Ridge within thirty (30) days after receipt of the notice. • If the County fails to provide a Final Acceptance Notice or a Rejection Notice within five (5) calendar days after the end of the Test Period, then the County’s final acceptance of the Software shall be considered to have occurred.

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7. Implementation and Project Management

e. Project Manage ment
a. Descri be the Proposer’ s approach to managin g an implementation of this magnitude . Address at a min imum:

Implementati on of the RIMS produ cts is rela tively si mple and straightf orward. It is a joint -venture bet ween vendor and clien t.

This mean s that the client must alloca te resource s and wo rk proactively with our deplo yment teams to me et proje ct schedules.

There may al so be dependencies o n third par ties that need to be identi fied and minimized as e arly as poss ible in the project. This is why strong project management is key.
• Project Communications: We feel that open communication between project tea m members working on shared tas ks is extremely important.
• Project Planning: Sun Ridge implements an average of 10-12 projects a year, with the majority of those being in Cal ifornia. Our project pro cess is prov en and repeat able resulting in succes s for each c ustomer.
• Schedule Management: You are our partner when is comes to schedule management. We will not dictate your project schedule but work with you as a team to help you iden tify your
dependencies a nd your role as well as help you understand Sun Ridge’s dependencies resulting in the t imely implementation of the system.
• Issue Manageme nt: Any issue tha t arises during the project is immediately brought to the attention of th e Sun Ridge Executive Project Manager for resolution.
• Scope Management: Changes to the Scope of Work are addressed via a formal contract change order.

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• Risk Management : Our years of industry experien ce and depth of our project management team means we ’re able t o advise you of potential r isks to your project frequently before you are even aware of such.
• Qualit y Assurance : As stated p reviously, there is one version of RIMS that’s in product ion use at more than 200 agencies. The software is fully test ed/vet ted before installation . • Project S tatus Reports: Our project management model precludes the need to for formal proje ct status rep orts because we are in constant communications with your project team and manage the status of th eir activities/tas ks required for timely and successful project completion as well as that of our team.
b. When configu ring/building the applications :
• Will t he County start with a “blank” system and expected to provide all code tables from scratch, or wil l a baseline set of codes be inst alled with the deliv ery of the system?

No, with 200+ agencies in CA, it comes preloaded with a baseline set of codes . You will, of course, be shown how to add you r local codes.
• Will the system come pre -built with all NIBRS -required fields and correspondi ng data elements ?

Yes
b. How will implementers ensure that the County ’s build team does not overwrite or delete NIBRS -required fields ?

NIBRS (CIBRS) code tables are protected against editing . • What type of forms will be provided to assist in the development o f code tables (e.g., Excel files)?
We provide training on how to do t his.

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c. Include a Statement of Work that breaks d own the System implementation by task s and delineates Proposer and the County ’s responsibilities within each task. • A sample Gantt Chart may be found in Attachment 2. A specific Statement of Work, based on the County ’s actual project, will b e incorporated into the contract between Sun Ridge and the County. d. Provide a l ist of all deliverables th at will be pr ovided over the course of the project.

Each deli verable listed should note the corresponding phase to which is pert ains. • A sample Gantt Chart may be foun d in Attachment 2. A specific Statement of Work, based on the County ’s actual project, will b e incorporated into the contract between Sun Ridge and the County . e. Include in this s ection a realistic implementation project schedule. For simplicity, assume a January 1 start date.
• Please see Attachment 2.
f. The implemen tation of a COTS solution is likely to greatly alter the County ’s business practices:
• Describe the process by which Pro poser will work with the County to identify and review c urrent business proces ses and provide recommendations to improve the overall officer efficiency by leveraging the functionality of the System.

Since Sun Ridge offers only a COTS solution , this is a pr ocess w e undertake with every projec ts. Our project in cludes a “RIMS Configu ration and Se tup” (RCS), a multi-day session w hereby our Deployment Project Manager steps your project team through the decision making process of how to confi gure RIMS to closely match your operations, or how to modify your operations to take full advantag e of RIMS functionality.
• What specific documentation will be provided to the County both during and after imp lementation regarding current and future business pr ocesses ?
The decisions made during the RCS are documented in a spreadsheet which also docu ments tasks and individuals assigned to those tasks to

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manage timely completion. Without knowing “future business process ”, we find that by the completion of a RIMS project, the Co unty will have the tools necessary to accommodate this.
• Provide sample documen tation of a previous cli ent in which a business process was analyzed and a new process was develop ed to leverage the propos ed soft ware.

Attachment 3 contains a spread sheet resulting from the RCS process .

2. Project Team
a. Identify a project manager will be the primary point of contact for the duration of the project through formal project acceptance. No te that this individual must be avail able for oral interviews .

Carol Jackson – Director of Implementation /Executive Project Manager Carol will se rve as your Executive Project Manager beginn ing dur ing the proposal and contract ne gotiation s process through final acceptanc e. Carol has nearly 40 years of experience specifically with public s afety software , including time as a management consultant . For nearly 30 of those years , Carol has been responsible for the manag ement of small to very large-scale public safety projects , the last 17 of those years with Sun Ridge Systems . b. Include in thi s section resumes for th e proposed personnel.

All Sun Ridge staff participating in this project ha ve at least one if more of the following qualifications:

• Real life experience in law enforcement
• Many years experience in the public safety software business • Highly specialized technical skills

These qualifications result in a well-rounded team that works well together, while each member has their specific areas of expertise.

Juleann Hunt -Osburn – Operations Project Manager/Sr. Training Specialist

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Juleann started as a dispatcher fo r a large Northern C alifornia she riff’s office before going to w ork for a publ ic safet y software vend or. Juleann has over 20 years of experience in public safety so ftware as a Project Manager and Trainer. She will be the “boots on the ground ” project manage r, managing the day to day activi ties of you r project team, a s well as a being a train er for your project. Juleann is also PMP Certified.

John Boren – Chief Technology Officer

John Bore n began his technical career in IT sup port before joining Sun Ridge Systems. He has more than 25 years of RIMS specific experience. John serves as our Chief Technol ogy Of ficer. All technical resources and produ ct managers report to John . He will be directly invol ved during the ins tallation of the various applica tions and will provide technical experti se as neede d for the duratio n of the project .

Lynette Mon ette – Installation and Techn ical Support

Lynette serves as the primary application insta llation engi neer f or the project. She has ex tensive e xperience with the various RIMS modules and interfaces. Prior to coming to Sun Ri dge, Lynette ha d extensive IT experie nce with a Bay Area sheriff ’s department.

Bob Perkins – Senior Conversion/Database Specialist
Bob has close to 40 years of prog ramming , database and data conversion experience . Bob has ex tensive first -hand experience converting re cords data from the mult itude of vendors th at Sun Ridge has rep laced over the ye ars.

Sara Jiang – Senior Database Engineer
Sara is a senior SQL specia list who wil l be working with Bob Perkins in support of the data conversion .

Michelle Edwar ds – Training /Project Specialist
Prior to joining Sun Ridge, Michelle served many years as a dispatch an d records superv isor and training for a northern California law enforcement

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agency . Michell e will serve as a train er on your projec t. She also happens to reside in Yuba City.

Jenn G ilmore – Training/ Project Spec ialist

Like Michelle, prior to joining Sun Ridge, Jenn served many years as a dispatch supervisor/agency training for a northern California law enforcement agency.

Jenn will serve as a trainer on your project.
c. Any personnel from the successful Proposer working directly on the project, or a ny third party who may be contracted to work on the project by the s uccessful propo ser will be subjec t to a backgr ound investigation and finger print check before being allowed to work with the City on the proposed syste m. Is there any reason that Proposer would object to this condition of the Contract?
No
d. Describe the process and action s available to the County should the assigned project manager not meet the performance expectations of the County, what alternatives are ava ilable to the County ?

Of course Sun Ri dge has never found itself in this situation . Carol Jackso n and Juleann Hunt -Osburn are our project managers. If one were to be removed, the other would be able to take over the project. e. Use the Implementation Staffi ng Form (Appendix A – Form I) to provide a description of t he County personnel required to imp lement the proposed system .

Please see Appendix A – Form I attached as a s eparate file .

3. Legacy Data Access
a. The County will require access to its leg acy data, up to 10 years, pursuant to internal contr ol policies, either by having that data available in the new system or available for querying purposes. The County is open to alternative prop osals, and expects to rely on the Proposer’s experience with accessing legacy data from its current system to identify the most effective manner in which t o access t he data. Provide a proposal for accessing legacy data. The proposal s hould describe:

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• Multiple approaches and the advantages and disadvantages of each approach

There are multiple options:

1) Retain your leg acy system so that you ’re able to acc ess your d ata with its software

* Would require you to continue to maintain t hat server/datab ase

* May require that you continue to pay s ome type of support fee to your current vendor.

2) Move that legacy data to some other server and access i t via a 3 rd- party p roduct .

3) Build some type of link between your legacy system and RIMS

* We have never done this. It would require con siderable software development and thus be very expens ive.

4) Have Sun Ridge convert your legacy data into RIM S. While still expensive, it guarantees the best result.
• Recommended approach

Our reco mmendation is Option 4, convert the legacy data into RIMS. In fact, we would not propose any other option.

Not only will that free you from the constraints of your current syste m, it will also allow that dat a to be integrat ed with your “new” data beginning immediately at system cutover. You’ll be able to use all of the RIMS features against th e legacy data.
• Proposer’s experience with the recomme nded approach

The Sun Ridge data conversion team is very good at what they do. All convers ion work in do ne in-house by Sun Ridge sta ff and not a 3 rd-party.

We recommend that yo u contact any of our agencies that have gone

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through the data conversion process and confirm this. Word o f our succes s in this service is widely known and roughly 80% of our projects include data conversion. Our senior data conversio n analyst has more than 20 years experience performing this particular task. • Include costs for each approa ch as options in t he Cost Proposal (Appendix A – Form O).

Sun Ridge has only included the cost of our re commen ded appro ach, d ata conver sion, on Form K.

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8. Documentation and Training

Documentation

1. What documentation will be provided as part of this Project?

Pdf copies o f user guides, online help, .pdf copies of module manuals. There are also online release no tes, help contents, help documents, and suppo rt files for IT.

2. Is the S ystem docume ntation c onsistent with instructions supplied by the online help for the proposed S oftware Applicatio ns? Describe any inconsistencies.

The documentation is generate d from the online help a nd is consistent with the v ersion of software you are using . However, there are data validation tables, checkboxes that turn off and on features a nd other configura tion decisions that are specific to an agency. Those configura tion specifics are not reflected in the documentation. Guides may be requested in Word form at so the agency may customize them with specifics.

3. Will all documentation be tailo red to include City-specific configuration, requirements or functionality developed d uring the implementation process?

No

4. Will the Proposer provide authority to copy documentation for internal use as necessary?
Yes

5. Will the Proposer be will ing to provide a complete set of us er documentation for the final ist evaluation phase?
Yes, upon s igning of a non -disclosure agreement .

6. Is documentation available with upgrades? If so, does the Proposer provide an entirely new set of documentation, or does the documen tation ref lect only the changes?

Yes, there is documentation for a nnual new -version upgrades and it i s a full document, not just changes.

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Training

1. Provide a training plan, including the approach to pr oviding System, Software Application and System Administration
training .

We have included a Sample Training Plan as Attachment 4. For t he sake of pricing, we are assuming all classes are end user training. However, we will work with yo u to finalize and format of th e classes as well as the num ber of classes needed.

2. Use the Training Hours Form (Appendix A – Form J) to provide a description of classes .

Please see our response to Appendix A – Form J attached as a separate file.

3. In total, how many ho urs are proposed for :
c. System Administrators

Sun Ridge identifies “system administrations ” as “RIMS Administra tors”. These are Sheriff ’s offic e staff and not IT , who are functional leads within their specific ar eas of exper tise w ithin the Sheriff ’s office and will be responsible for mak ing co nfiguratio n and operation al decisions in the use of R IMS. In the end, they will be your “super users ”.

Given that definiti on, their traini ng would con sist of the following:

- One of each of the class seen below plus
- RIMS Initial Set up (8 hours)
- 2 days of RIMS Configuration and Set -Up (RCS)
• CAD End Users
2 Days
• Mobiles End Users
Mobile training is p art of the Deputy tr aining described below.

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• Report Writing End Users ( “Deputy Training)
2 Days
d. RMS En d Users

1.5 days of Deputy Training plus an 1 additional day for specific records training
e. JMS End Users

1.5 days of Deputy Training plus an 1 additional day for specific jail management training
f. Other (Descri be)

- RIMS Administration - ½ day

a. Does the Proposer provide refresher trai ning?

Yes
• If yes, is the cost included as part of maintenance?

No. Although not included in th is proposal, many ag encies will opt to add the pri ce for such as part of their initial project costs. Otherwise, agencies contact us directly for a quote at the time they feel they require the refresher training.
• Does the Proposer provide any computer -based training options (either online or via USB) to br ing new employees up to s peed on the System? Yes. Sun Ridge has an onli ne “university ” with specific topics to choose from. Also, your RIMS will be configured with a separate full training system with its own d atabase as p art of your installation. Th e training system is an id entical copy of the live system so your new users will be able to train on your version of RIMS.

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9. Support, Warranty and Maintenance Provisions

a. Customer Support
a. Describe Customer Support opt ions t hat will be provided to the County , including:
• Telephone support

Sun Ridge provides a toll free phone number for the agencies to call whenever a covered problem occurs. Normal service hours will be Monday-Friday, 8AM- 5PM PST, with the exception of New Years Day, President’s Day, Memorial Day, July 4th, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving Day, and Christmas Day (“common holidays”). However, for instances when the system is completely inoperable due to a Sun Ridge software problem (“critical problems”) preventing basic system operation service will be available 24 hours, 7 days a week, common holidays included.

• Web-based support

In addition to the 1-800 support, you may also submit a support request via email. Additionally, we can remotely access your system via Bomgar Remote Support Software for this purpose. Bomgar software provides superior security and does so over an ordinary internet connection via a Sun Ridge server at the South San Francisco Police Department that hosts a Bomgar security hardware device.
• On-site support

On-site support is not provided by Sun Ridge. It’s not provided because it’s not required. Anything that would need to be done onsite can be accomplished remotely via Bomgar.
b. When does the County s tart paying the annual mainte nance fee or r ecurring costs? Sun Ridge has included the fi rst year of support an d updates in the proposal. This first year begins at system cutover/go live.

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c. Describe stand ard and optional Customer Support services that will be offered to the County.

Sun Ridge offers only one support plan.
d. Does the Proposer support User Groups? If so, describe the user group process as it pe rtains to futur e product enhancements.

Yes. Regard less of whether you are part of a us er’s group, or just an individual agency, all customers a re invit ed to partici pate in the annual “Wish List ” process.

Wish Lis t is the opportunit y for agenc ies to submit requests for new features to be added to RIMS or for exis ting features to be modi fied in RIMS . Wis hes are s ubmitted in advance of our annua l user’s conference , RIMSCON, at which time the wishes are present ed and t he attend ees vote on prioritizing w hich features are considered for inclusion in the next annual release of th e RIMS products. e. The County has included descriptions of the support procedures it expects to receive form the successful Proposer in Appendix E. Should y our firm take exception to any of the proc edures d escribed in Appendix E, pl ease identify the exceptions and proposal alternatives u sing the table below.

Appendix E appears to be Acceptance Test Requirements, however regardless , Sun Ridge provides the following support services.

Sun Ridge provides the followi ng support services:

Most problems will be resolved with the initial phone call.

For problems that cannot be immediately resolved, SRS will work to resolve the problem based on the severity of the problem and the urgency reported by Licensee.

For critical problems, SRS personnel will work with Licensee until the situation is resolved.

For problems that are not critical problems that have a lesser though continuing impact on operations of Licensee (“non-critical problems”), SRS will endeavor to provide a solution or work around within 72 hours of the problem being reported to SRS by the Licensee.

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For problems that are not critical problems and are not non-critical problems (“minor problems”) SRS may, at its discretion, either issue a near term "fix release" of the product or include the fix in the next scheduled product update. f. The County does not expect to pay for service it is not receivi ng and will expect performance credits and/or a return in fees for errors not resolved in a timely manner. Explain th e compensation the Proposer will offe r for:
• Errors not remedied within an agreed upon number of hours within a given quarter • Errors not remedied within an agreed upon number of hours of a given year • Errors not remedied with the next release fix

Some vendors may feel the need to offer such plans to pacify frustrated customers.

However, Sun Ridge does not accommodate this type of “compensation” system as part of our Support Services Agreement and none of our customers have ever asked us to do it.
g. Is 24x7x365 support standard or optional for the proposed systems? If it is optional, provide the cost for 24x7x365 in Appendix A, Form O Optional Costs. 24x7x365 support is available for system critical problems as part of our standard support offering.
b. Warranty
a. Provide in t his section a copy of the Proposer’s standard warranty .

Sun Rid ge warrants that upon delivery the So ftware substantially conforms to its Documentation and is free from defects that will materia lly impair its use. The County ’s sole and exclusive remedy for breach of this warranty will be repair or replacement of the S oftware. Sun Ridge will make reasonabl e efforts to correct errors in the Software, but does not warrant that the Software is erro r-free or will perform without interruption.
b. Will th e proposed System include a minimum f irst year warranty commencing at Fin al System Acceptance? If not, explain.

Yes
c. Does the Proposer warrant that the implemented System will co nform with its responses to the functional requirements in Appendix B?

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As responded to in Appendix B, y es.
• If not, explain .
• List any conditions of warranty .

The support you receive the firs t year is our s upport services agreement. It’s the same level of support that you’ll receive in Years 2 th rough Year X. d. Will the Propo ser agree to cover expenses to repairs made u nder warranty, including parts, software, travel expenses, meals , lodging and any other costs associ ated with the repair?
This type of response for a “repair ” be necessary fo r a COTS solution . Our approach to support is straightfo rward: I f you report an issue we respo nd by ver ifying there is a probl em and it is a software p roblem for which we are responsible. Then we wor k to fix it. We again str ongly encourage y ou to ask o ther agencies about our support. (Also, t ravel would never be involved .)
e. Do any Customer Support provisions differ during the Warranty Perio d (as compared to during the Maintenance Periods)?
No.
c. Software Application Mainte nance
e. Include in this section of copy of the P roposer’s standard m aintenance agreement.

Please refer to Attachment 5.
f. Describe how Proposer keeps clients apprised of software d evelopment and release plans.

Staff identified as your “RIMS Administrators ” will receive email notifications of software updates and upgrades. The email notifications contact release notes of what is included in the u pdate and we ll as a “What’s New” notification of what ’s included in the annual software upgrade .
g. What is the process for delivery and installation of fixes, upgra des, and new releases, specifically:

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• How often does the Proposer provide software updates and enhancements?

“Updates” are released as needed throughou t the year for a s pecific release level of the software. Although some “updates” may inclu de enhancements, the majo rity of enh ancements are release d in the annual new version upgrade .
• How are chang es to software te sted and documented?

All software updates are tested by Sun Ridge internally prior to general release.

Software upgrades are first tested inter nally by Sun Ridge. O nce it passes internal testing, i t is released to pre -selected beta -site customers who test. Once it has passed beta testi ng, it is p ublished for ge neral release .

All updates a nd upgrade s come wit h release notes. Additional ly, upgrades come with update d user document ation.

• Will interfaces be upgraded along with the standa rd applications? If so, how will Proposer e nsure that interfaces are not broken or compromised?
Yes. It is unusual for an update to break a random interface.

• If customizations are proposed, will they be upgraded along with the standard application s? If s o, how will the Proposer ensure that customizations are n ot lost or compromised?

No customiz ations h ave been proposed.
• How will software on the MDC’s be upgraded? Will updates be pu shed to the devices or will up dating the MDC ’s requ ire manual intervention? Updates are dow nloaded to the devices .
d. How are custom er requests for en hancements han dled?

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All customers are invit ed to partici pate in the “Wish List ” process. Wish Lis t is the opportunit y for agenc ies to submit request fo r new features to be added to RIMS or for exis ting features to be modi fied in RIMS . Wishes are s ubmitted in advance of our annua l user’s conference , RIMSCON, at which time the wishes are present ed and t he attend ees vote on prioritizing w hich features are in the next annual release of th e RIMS products.
e. Do system upgrades/enhancements requir e vendor intervention – either on -site installation or requir e the scheduling of resource s to assist with the install the upgrade /enhanceme nt?

Our support team will send out an update announcement to your designated RIMS Administrators. The updates are automatically downloaded to your server. Once there, the update is disseminated throughout your system simply by being downloaded to user PCs as users log into RIMS. The whole process is transparent to your agency.

For the annual new version upgrades, a gain, a notice w ill go out. Most upgrades require a s hort bit of do wntime, less than 30 minutes, during w hich time you will run an Install Shield installation program provid ed by us . Once it has completed, the user can again login and check the “update ” button. The instructions for performing the upgr ade are brief, but very detailed and do not require our participation .
f. Are upda tes provided to meet changes in federal and state requirements?

Yes
• Is there an additional charge for these updates?
As long as you are current on your su pport servic es agreement, federal and state reporting mandates are included. The exception has been the implementation of CIBRS, which requires a tremendous amount of software development and impl ementation support for whi ch the one- time cost is shared by all CA agencies.
• If there are additional charges, how are th ey determined ?

A scope of work is first develop ed from which a pric e (if any) would be determined.

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g. How long is main tenance continued for older releases? Will the County be required to upgrade to a latest release?

Current version + tw o previous version s.
h. What training as sistance for updates is provided?

Traini ng for updates is not provided nor necessa ry. Documentation is provided.

Training is available by request for additio nal fees .

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10. Contract Provisions

1. The successful Proposer will be required to sign a Contract for this engagement w ith the County . The County intends to incorporate the contract provisions provided i n the link in Section IV.
• Does the Proposer agree to incorporate th e County’s provided terms and condition s?
In its entirety, no .
• If the Proposer does not agree to incorporate the County ’s provided terms and conditions, identify any section number(s) that is not in concert with the Proposer’s provided Contract, describe the discrepancy, and submit the Proposer ’s alternative language .

We look forward to discussing the County ’s terms and conditions with the County. Since this is a general purpose contract, it would require the addition of multi ple sections dealing with the p urchase of software license s.

D.4 Indemni ty. We will reques t wording changes.

This list is not all inclusive and the entire Agreement may need to be revised to ensure a mutually acceptable contract. Or perhaps the County would consider starting with a different baseline contract provided by the vendor and specific to this type of project.

2. Provide a copy of the Proposer’s travel policy (e.g., restrictions, per diem, etc.).

This is not relevant because this is a fixed price contract .

3. Insurance Requirement s: The County requires , at minimum, the insurance provisions of Attachment E – Insurance Provisions, provided in the link in Section IV of t he RFP.

4. Contractor Responsibilities:
• Provide County with proof of insurance on an annual basis.

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• Provide all Contractor personnel with the right tools, equipment, and materials necessary for work to be completed.
• All equipment and tools which shall be the appropriate type for the task and shall be well maintained, calibrated, and in proper working order before use in the performance of the work.
• Contractor shall guarantee all work against any defects in workmanship; and shall satisfactorily correct, at no cost to the County, any such defect that may become apparent within a period of one year after completion of work .

Sun Ridge has provided our warranty language in a previous section.

5. County Responsibili ties
The items listed in the RFP (provide power and water source) do not seem to be applicable for this kind of project. A project scope of work which includes details of the County ’s respons ibiliti es will be included in the contra ct.

6. Contractor Deliverab les
• Hardware and Software Installation
Installation of hardware an d system software in not included in our proposal. Installation of the RIMS application software and its requi site databases is included.
• System Training
Training on the RI MS applica tion software has been i ncluded. • System Configuration
Training of County staff on the c onfiguration of the RIMS application software has been included.
• System Testing
As defined in previous sections.
• Project Mana gement
Included

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11. Cost Proposal

Our res ponses to this section are provided in response to Appendix A, Form s K – Q are provided as a separate file.

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Attachment 1 – Software License Agreement

The fol lowing is Sun Ridge ’s software license agre ement, which is typically incorpor ated into our standard contra ct (which can be found in Attachment 6). The version in this section is if the License Agreement is presented as a stand alone d ocument.

SUN RIDGE SYSTEMS SOFTWARE LICENSE AGREEMENT

PLEASE READ THE TERMS AND CONDI TIONS OF THIS SOFT WARE LICENSE AGREEMENT CAREFULLY. BY ACCEPTING AND USING THE SOFTWARE PROVIDED TO YOU BY SUN RIDGE SYSTEMS, INC. (“ SUN RIDGE”), YOU (“LICENSEE”) ARE AGREE ING

TO THE TERMS AND CONDIT IONS OF THIS SOFTWARE LICEN SE AGREEMENT AND TO

BE BOUND UNDER SUCH TERMS AND CONDITIONS WITH RESPECT TO YOUR USE AND POSSESSION OF THE SOFTWARE.

RECITALS

1. SUN RIDGE owns, or has licensed fr om the owner, certain computer software collectively known as “RIMS” (the “SOFTWARE”).

2. LICENSEE enters into this SOFTWARE LICENSE AGREEMENT (“LICENSE AGREEMENT”) because it desires to obtain the right to use the SOFTWARE, subject to the terms, conditions, and limitations set forth herein below.

Accordingly, the parties to this LICENSE AGREEMENT covenant and agree as follows:

3. DEFINITIONS. The terms enumerated in this Section have the following meanings when used in this LICENSE AGREEMENT:

3.1. “Confidential Information” means any and all confidential information of a party to this LICENSE AGREEMENT that is not generally known to or by businesses that compete with such a party, including but not limited to source code for the SOFTWARE.

3.2. “Documentation” means those visually readable materials devel oped by or for SUN RIDGE fo r use in connection with th e SOFTWARE, in either written or digital form.

4. LICENSE

4.1. SUN RIDGE grants to the LICENSEE a nonexclusive and non -transferable license to use the SOFTWARE in connec tion with LICENSEE’s normal and customary daily operations substan tially as they exist as of the date of

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commencement of t he TERM as describ ed below (the “LICENSE”). LICENSEE shall acquire no ownership or other rights in or to the SOFTWARE except for the LICENSE granted hereunder, and title to the SOFTWARE shall at all times remain with SUN RIDGE . Pursuant to the LICENSE, L ICENSEE may do the following:

4.1.1. Use the SOFTWARE on all computers in LICENSEE’s agency and in any other agencies explicitly agreed to in writing by SUN RIDGE;

4.1.2. Make a copy of the SOFTWARE for backup or modification purposes only in support of LICENSEE’s a uthorized use of t he SOFTWARE hereunder; and

4.1.3. Modify the SOFTWARE and/or merge it into other software only in support of LICENSEE’s authorized use of the SOFTWARE hereunder.

4.1.4. No one using the SOFTWA RE, and no one for whose be nefit the SOFTWARE is being used, shall provide or otherwise make available the SOFTWARE or any part or copies thereof to any third party.

4.1.5. The Licensee shall not use the Software to disrupt, disable, or otherwise harm the operations, software, hardware, equipment, and/or systems of a business, institution, or other entity, including, without limitation, exposing the business, institution, or other enti ty to any computer virus, or other harmful, disruptive, or unauthorized component.

4.1.6. The Licensee shall not embe d the Software in any third -party applications, unless expressly permitted under this Agreement or otherwise authorized in writing in advance by an authorized officer of Sun Ridge.

4.1.7. The LICENSE grant ed under this LICENSE AGREE MENT shall apply only to the object code for th e SOFTWARE. No one using the SOFTWARE, and no one for whose benefit the SOFTWARE is being used shall have the right to use or have access to the source code for the SOFTWARE, and ne ither LICENSEE nor anyone u sing the SOFTWARE pursuant to this LICENSE will modify, change, merge, adapt, translate, reverse engineer, decompile, disassemble or prepare derivative works based upon the SOFTWARE.

4.1.8. LICENSEE acknowledges that the SOFTWARE and the Documentation constitute trade secrets of SUN RIDGE. LICENSEE agrees to maintain the confidentiality of the SOFTWARE and the Documentation, and shall take commercially reasonable steps to preserve that confidentiality.

5. TERM

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5.1. The term of this LICENSE AGREEMENT, and of the LICEN SE granted hereunder, shall commence upon installation of the SOFTWARE at LICENSEE’s business location and shall continue until this LICENSE AGREEMENT is terminated (the “TERM”).

5.2. SUN RIDGE may immediat ely terminate this LICENSE AGREEMENT and the LICENSE in the event of any failure by LICENSEE to compl y with the terms or conditions of this LICENSE AGREEMENT by giving written notice of such termination to LICENSEE. Upon such termination, LICENSEE shall i mmediately cease further us e of the SOFTWARE and will cause all copies of the SOFTWARE to be destroyed or returned to SUN RIDGE.

5.3. LICENSEE may terminate this LICENSE AGREEMENT and the LICENSE at any time by giving wri tten notice thereof to SUN RIDGE and by destroying or returning to SUN RIDGE all copies of the SOFTWARE.

5.4. Upon any termina tion or expiration of this LICENSE AGREEMENT, an authorized representative of LICENSEE shall certify in writing to SUN RIDGE that all copies of the SOFTWARE which were the s ubject of the LICENSE have either been destroyed or returned to SUN RIDGE as required above.

6. INDEMNITY

6.1. INDEMNIFICATION OF SUN RIDGE BY LICENSEE. LICENSEE hereby agrees to indemnify, defend, and hold harmless SUN RI DGE and its officers, directors, shareholders, employees, and agen ts (the SUN RIDGE Indemnifi ed Parties”) from any and all claims, demands, liabilities, and costs, including attorney’s fees, arising out of or relating to LICENSEE’s or any of its directors, officers’, employees’ or agents’ use o r misuse of the SOFTWARE. This indemnity obligation s hall survive the expiration, cancellation or te rmination of this LICENSE AGREEMENT.

6.2. INDEMNIFICATION OF LICENSEE BY SUN RIDGE. SUN RIDGE agrees to indemnify, defend, and hold harmless the LICENSEE and its officers, directors, shareholders, employees, and agents (the LICENSEE Indemnified Parties”) from any and all claims, demands, liabilities, and costs, including attorney’s fees, arising out of or relating to (i) any actual infringement of a third-party’s intellectual property or (ii) the gross negligence or willful misconduct of any employee or agent of SUN RIDGE. This indemnity obligation shall survive the expiration, cancellation or termination of this LICENSE A GREEMENT. Notwithstanding the foregoing, LICENSEE expressly waive s, releases, and agrees tha t neither SUN RIDGE nor any of the SUN RIDGE Indemnified Parties shall have any liability for any individual’s or entity’s lost business, direct damages, incidenta l or consequential damages, or any other claim arising out of or r elated to the use or implementation of the SOFTWARE.

7. WARRANTY/DISCLAIMER OF LIABILITY

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SUN RIDGE warrants that upon delivery the SOFTWARE substantially conforms to its Documentation and is free from defects which will materially impair its use. The LICENSEE’s sole remedy for breach of this warranty will be re pair or replacement of the SOFTWARE. SUN RIDGE will make reasonable efforts to correct errors in the SOFTWARE, but does not warrant t hat the SOFTWARE is error -free or will perform without interruptio n. LICENSEE has relied sol ely upon its own investigatio n and judgment in selecting the SOFTWARE, and not upon any representations or promises of SUN RIDGE except as may be expressly stated herein.

THIS WARRANTY IS IN LIEU OF AL L OTHER WARRANTIES, EXPRESS OR

IMPLIED, AND SUN RIDGE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL SUN RIDGE BE LIABLE FOR LOST BUSINESS, DIRE CT,

SPECIAL, INCIDENTAL, OR CONSEQUENTI AL DAMAGES, HOWEVER CAUSED,

WHETHER FOR BREACH OF WARR ANTY, CONTRACT, TORT (INCLUDI NG

NEGLIGENCE, STR ICT LIABILITY, OR OTHERWISE) ARISING OUT OF THE QUALITY, CONDITION OR USE OF THE SOFTWARE. IN NO EVENT WILL SUN

RIDGE BE LIABLE FOR ANY AMOUNT WHICH EXCEE DS THE AMOUNT PAID BY THE LICENSEE FOR THE SOFTWARE.

8. UPDATES

SUN RIDGE may, at it s option, release updates to or new versions of the SOFTWARE.

If LICENSEE elects to obtain any update or new version of the SOFTWARE, the use of such update or new version will be subject to the term s and conditions of this LI CENSE AGREEMENT.

9. OWNERSHIP

Except as expressl y provided in this LICENSE AGREEMENT, SUN RIDGE retains all intellectual property rights and other rights to the SOF TWARE, Documentation, and the source code for the SOFTWARE.

10. CONFIDENTIALITY

Each party agre es to protect the other party ’s Confidential In formation. Confidential Information will not be used or disclosed except as authorized by the providing party.

Confidential Information will be disclosed to employees of the receiv ing party only on a “need t o know” basis and only after such employees are informed of the confidential nature of the information and obligated to maintain confidentiality. Confidential Information shall not include information that is now or becomes part of the public domain, was already known by the receivin g party at the tim e of disclosure, is independently developed by the receiving party without any use of Confidential Information, or is lawfully obtained from a third party.

11. GENERAL TERMS

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11.1. GOVERNING LAW. This LICENSE AGREEMEN T will be construed by and enforced in accordan ce with the laws of the state of California, exclusive of choice of law or conflicts of law rules or principles.

11.2. ARBITRATION. If a dispute arises from or related to this LICENSE AGREEMENT or the breach of th is LICENSE AGREEMENT and if s uch dispute cannot be settled through direct discussions, the parties agree to first endeavor to settle the dispute in an amicable man ner by mediation to be held in Sacramento, California, under the C ommercial Mediation Rules o f the American Arbitration Association before resorting to arbitration. Thereafter, any unresolved controversy or claim arising from or relating to this LICENSE A GREEMENT, or breach of this LICENSE AGREEMENT, shall be settled in arbitration to be held in Sacramento, California. The arbitration will b e governed by the Commercial Arbitration Rules of the American Arbitration Association, and the parties shall be allowed discovery in accordance with the C alifornia Code of Civil Pro cedure. If SUN RIDGE and LICENSEE cannot jointly select a single arbitrator to determine the matter, one arbitrator shall be chosen by each of SUN RIDGE and LICENSEE (or, if a party fails t o make a choice, by the American Arbitr ation Association on behalf of such party) and the two arbitrators so chosen will select one additional arbitrator. The decision of the single arbitrator jointly selected by SUN RIDGE and LICENSEE, or, if three arbit rators are selected, the decision of any two of them will be final and binding on the parties and the judgment of a court of competent jurisdiction may be entered on such decision. The prevailing party shall be entitled to recover reasonable fees and expe nses resulting from any arbitration proceeding.

11.3. SEVERABILITY. If any provision of this LICENSE AGREEMENT shall be held to be invalid, ille gal, or unenforceable, such finding shall not affect the validity, legality, or enforceability of the remaining provisions.

11.4. ASSIGNMENT. LICENSEE may not transfer, assign, or sublic ense this LICENSE AGREEMENT , any license hereunder, or a ny of its rights o r duties hereunder to any other person, firm or corporation without the prior written consent of SUN RIDGE. Any att empted transfer, assignment, or sublice nse made without SUN RIDGE’s prior written consent shall be completely void.

11.5. INDEPENDENT CONTRACTORS. The parties to this LICENSE AGREEMENT shall constitute independent contractors. Nothing in this LICENSE AGREEMENT shall be construed as establishing an y employment, partnership, joint venture or similar ar rangement between the parties , and no party has any authority to commit any other party to any obligation to any other person or entity, unless expressly agreed to in writing signed by such party.

11.6. FORCE MAJEURE. SUN RIDGE shall not be responsible for int erruption of, interference with, diminution of, or suspension of any of its products or services, including performance failure, which are caused by strike, lockou t, riot, epidemics, war, government reg ulation, fire, flood, natur al disaster, acts of God, utility failures, losses or in juries arising dir ectly or indirectly from criminal acts,

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negligent acts of others, malfunctions or inadequacies of equipment or servi ce not directly within the control of SUN RIDGE.

11.7. AUTHORIZATION/ENTIRE AGREEMENT/MODIFICATION . This LICENSE AGREEMENT will be effective upo n delivery of this LICENSE AGREEMENT to LICENSEE. This LICENSE AGREEMENT is the complete and final LICENSE AGREEMENT of the parties relating to the subjec t of this LICENSE AGREEMENT and it replaces and supers edes any prior or contemporan eous oral or written understandings or agreements. This LICENSE AGREEMENT may be amended only by a writing signed by the duly authori zed representative of the party to be charged.

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Attachment 2 – Sample Project Gantt Chart

The following is a sample project Gantt Chart based on a project similar in size and scope to yours. This Gantt chart is provided for illustrative purposes only and does not represent the specific tasks, resource assignments or dates for your specific project. A final project plan, with your input, will be developed as soon as possible after contract signing.

Task Name Duration Start Finish Resource Names
Sample RIMS Project Plan 251 days Fri 1/1/21 Fri 12/17/21 Contract Signing 1 day Fri 1/1/21 Fri 1/1/21
Project Kickoff Meeting 1 day Fri 1/15/21 Fri 1/15/21
Servers/Network/Hardware 50 days Mon 1/4/21 Fri 3/12/21 RIMS Server 30 days Mon 2/1/21 Fri 3/12/21 County IT
SQL Server 30 days Mon 1/4/21 Fri 2/12/21 County IT
Mobiles/Interfaces Server 30 days Mon 1/4/21 Fri 2/12/21 County IT Mobiles/Laptops 1 day Mon 1/4/21 Mon 1/4/21 County IT/SRS IT Sun Ridge Has Server Access 1 day Mon 2/15/21 Mon 2/15/21 County IT Installation of at least 1 RIMS Workstation 14 days Tue 2/16/21 Fri 3/5/21 County IT/SRS IT Initial Setup/Configuration 67 days Mon 1/4/21 Tue 4/6/21 Identify RIMS Administrators/Super Users 5 days Mon 1/4/21 Fri 1/8/21 County Identify Conversion Review Team 5 days Mon 1/4/21 Fri 1/8/21 County Install RIMS Software 1 day Tue 1/5/21 Tue 1/5/21 SRS IT Install RIMS Train/Live/Test Databases 1 day Tue 1/5/21 Tue 1/5/21 SRS IT Initial Setup Training 22 days Mon 3/8/21 Tue 4/6/21
Setup and Configuration Document
Delivered 1 day Mon 3/8/21 Mon 3/8/21 SRS IT
Initial Setup ConCalls 2 days Mon 3/8/21 Tue 3/9/21 County Admins/SRS Complete Initial Setup Requirements 20 days Wed 3/10/21 Tue 4/6/21 County Admins/SRS RIMS Config and Setup (RCS) 52 days Mon 1/4/21 Tue 3/16/21 RCS Location Prep 50 days Mon 1/4/21 Fri 3/12/21
Identify Training Location 1 day Mon 1/4/21 Mon 1/4/21 County Admins Install Additional RIMS Clients at
Location 4 days Mon 3/8/21 Thu 3/11/21 County IT
Confirm Ability to Log In to RIMS from
Training Workstations 1 day Fri 3/12/21 Fri 3/12/21 County Admins Install PC Projector with RIMS
Workstation 1 day Fri 3/12/21 Fri 3/12/21 County IT
RCS 2 days Mon 3/15/21 Tue 3/16/21 County Admins/SRS

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Products 128 days Fri 1/1/21 Tue 6/29/21
CAD 102 days Mon 1/18/21 Tue 6/8/21
Identify Street File Source 30 days Mon 1/18/21 Fri 2/26/21 County Load Updated Street File 2 days Mon 3/1/21 Tue 3/2/21 County/SRS IT Configuration 60 days Wed 3/17/21 Tue 6/8/21 County Admins RMS 96 days Tue 2/16/21 Tue 6/29/21
Configuration 75 days Wed 3/17/21 Tue 6/29/21 County Admins Mobiles 1 day Tue 2/16/21 Tue 2/16/21
Installation On Mobile Server 1 day Tue 2/16/21 Tue 2/16/21 SRS IT In-Station Maps 110 days Fri 1/1/21 Thu 6/3/21 SRS IT
Identify Map Data Source 1 day Wed 3/3/21 Thu 4/22/21 County Sun Ridge Builds Map 5 days Thu 4/22/21 Thu 4/29/21 SRS IT Procure ArcView Licenses if Required 20 days Fri 1/1/21 Thu 1/28/21 County Install ArcView on Clients (if required) 30 days Thu 4/22/21 Thu 6/3/21 County Jail Management 97 days Tue 2/16/21 Tue 6/30/21
Configuration 75 Days 3/18/31 6/30/21
Install All Remaining Products 10 days 6/1/21 6/11/21 County IT/SRS IT Interfaces 169 days Mon 1/4/21 Thu 8/26/21
CLETS 159 days Mon 1/18/21 Thu 8/26/21
Notify DOJ Of Vendor Change 3 days Mon 1/18/21 Wed 1/20/21 City Complete Upgrade Application 60 days Thu 1/21/21 Wed 4/14/21 City Application Approved by DOJ 90 days Thu 4/15/21 Wed 8/18/21 DOJ Schedule Test/Approval with DOJ 5 days Thu 8/19/21 Wed 8/25/21 City IT/SRS IT Determine Go Live Date 1 day Thu 8/26/21 Thu 8/26/21 City/DOJ Interface #1 - x 95 days Mon 1/4/21 Fri 5/14/21
Contact Vendor 3 days Mon 1/4/21 Wed 1/6/21 County Admins Determine Connectivity Requirements 30 days Thu 1/7/21 Wed 2/17/21 County IT Install SRS Portion of Interface 1 day Thu 2/18/21 Thu 2/18/21 SRS IT Determine Go Live Date 1 day Fri 2/19/21 Fri 2/19/21 County Schedule Test 1 day Fri 5/14/21 Fri 5/14/21
County
Admins/County
IT/SRS
Data Conversion 164 days Mon 3/15/21 Thu 10/28/21
Determine Method for Obtaining Data
(e.g. Link Server) 4 days Mon 3/15/21 Thu 3/18/21 County IT/SRS Data Extract Provided to Sun Ridge 15 days Fri 3/19/21 Thu 4/8/21 County IT/SRS County Provides Screen Shots of Current
System as Needed 110 days Fri 3/19/21 Thu 8/19/21 County Admins Deputies Users Converted into RIMS 10 days Fri 4/9/21 Thu 4/22/21 SRS

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Convert Data 130 days Fri 4/23/21 Thu 10/21/21 SRS
Review Data 130 days Fri 4/23/21 Thu 10/21/21 County Admins/SRS Correct Data 130 days Fri 4/23/21 Thu 10/21/21 County Admins/SRS Prepare for Final Conversion Extract 5 days Fri 10/22/21 Thu 10/28/21 County IT/SRS IT Training/Conversion Review 173 days Wed 3/17/21 Fri 11/12/21 End User Training Prep 65 days Wed 3/17/21 Tue 6/15/21
Identify Training Location(s) 1 day Wed 3/17/21 Wed 3/17/21 County Install RIMS Clients at Location(s) 14 days Wed 5/26/21 Mon 6/14/21 County Confirm Ability to Log In to RIMS from
Training Workstations 1 day Tue 6/15/21 Tue 6/15/21 County Admins Install PC Projector with RIMS
Workstation 1 day Tue 6/15/21 Tue 6/15/21 County IT
End User Training/Conversion Review
(Class Dates TBD During RCS) 11 days Fri 10/29/21 Fri 11/12/21 Conversion Review #1 1 day Fri 10/29/21 Fri 10/29/21 City Admins/SRS CAD Sessions 1 - x 2 days Mon 11/1/21 Tue 11/2/21 RIMS
Trainer/County
Deputies Sessions 1 - x 2 days Wed 11/3/21 Thu 11/4/21 RIMS Trainer/County
Records #1 1 day Thu 11/11/21 Thu 11/11/21 RIMS
Trainer/County
Jail Sessions 1 - x 1 day Fri 11/12/21 Fri 11/12/21 RIMS Training/County
Admin Review 0.5 days Mon 11/15/21 Mon 11/15/21 RIMS
Trainer/County
IT Session 0.5 days Mon 11/15/21 Mon 11/15/21 County IT/SRS IT Go Live 3 days Mon 11/15/21 Wed
11/17/21

Final Data Extract 1 day Mon 11/15/21 Mon 11/15/21 County IT/SRS IT Final Conversion 1 day Tue 11/16/21 Tue 11/16/21 County IT/SRS IT Conversion Completion Sign Off 1 day Tue 11/16/21 Tue 11/16/21 County Go Live Support 2 days Tue 11/16/21 Wed 11/17/21
County/RIMS
Trainer/County

IT/SRS IT
Final Acceptance Period 22 days Thu 11/18/21 Fri 12/17/21 RIMS Support/County

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Attachment 3 – Business Process Decision
Documentation

The following is the documentation use d by our staff to review and document the operationa l and functional decisions made by an agency during the RIMS Configuration an d Setup session. This is provided for illustrative purposes only and ma y not repre sent all items included in this propos al.

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RIMS Initial Setup and RCS OUTLINE

Sample City
SRS Prep:
• What was contracted: CAD, RMS, Mug, Mobiles, E911, CLETS, In Station Mapping, Mobile Mapping, Prop Room, Text Paging, CopLink, CopLogic, Citizen RIMS, AutoCite, iRIMS, TIMS, etc…. • Sent Setup/BPR document: ??
• Conversion from: ??

Who from RIMS doing what:
• Does SRS have data and Officers loaded into RIMS (if doing conversion)? • Geo/street file: Source: ___________________________ Loaded?:______________________ • Is nightly copy job set up to run?
• Has App Notify been set up with their Agency data to receive updates?

Room Prep:
• Need RIMS (and Choose RIMS) and PropRoom (?) loaded on workstation to be used for Initial Setup/RCS

Install Setup:
• System Management|Config
• Never Change Comm Center name! (or sync with Agency name) • System Parameters – only top section with Comm Center Name • Agency
• Never change agency name!! (or sync with Comm Center Name on Config) • Verify data is correct, fill out Page 1 data (NCIC Agency ID is used in App Notify for RIMS updates) • Case Type format: ??
• Get .bmp file for logo
• CJIS Security Statement

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# Instructions Who? Agency Notes
Database Set Up
User 9 #1 - Same as Officer ID (so not use SSN or any
part; ID CAN NEVER CHANGE)

Message Group DV: used for RIMS Mail
Security Groups • • Discussion item
Officer/Deputy #2 - Same as User (cannot change); put in Unit IDs after they have been defined (for Mobiles)
- Add Officer 1, tie to SRS Users

Units 6 #3 – used as call sign on radio – discuss
alpha/numeric vs only numeric; no punctuation
- Add Unit 1, tie to Officer 1

Unit Type DV
Station DV
Team
Streets What will be source of street file? Map?
Will they be using Unit Recommendation?
John
City DV: need to verify /update: zip codes
Area/Run Cards Need to verify
Premises
Premise Hazard Type DV
System Management
Workstations - Mobiles if running CLETS
- All devices that will be running iRIMS

Security
Security Groups - - Will be covered during Admin Training prior to GoLive

- - Create group for Prop Room (?)

CAD
Unit Statuses (do not use red!) RIMS/System Mgmt/Unit Statues Special Cirm – Inc DV – attaches to Inc Type

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Incident Types 8 DV; including Questions - verify
Incident Dispos 2 DV

Cases
Offense Codes for Cases RIMS/System Mgmt Need to add muni codes and review ‘plain text’ codes; verify
that PURGED and VOIDED
defined
RIMS/Administration
Vehicle Maintenance If multi-agency, need to be logged in as that Agency to enter Vehicles

Property Room Is PropRoom enabled? Is Case # format? Do they need MultiAgency?

Property Locations Doing conversion?? If so, these
need to be loaded from source
Property Status
Property Dispos
Property Color

Incidents
Incident Types Check all that should be on Daily Crime Log

Cases
Offense Codes for Cases Need to add F, M or I for all to go to Crime Log Special Circumstances -
Cases
DV need to add codes defined in the Help Doc
Special Circumstances -
Arrests
DV need to add codes defined in the Help Doc
# Instructions Who? Agency Notes
TIMS Set Up
Agency: Import POST? Client needs to obtain files from POST Rep approx. 1-2 weeks prior to training
- Email client files needed

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- Dale to import

Email – Configuration tab -
Agency – Email Settings
Do they have email for employees?
- If so, need to obtain email server
information from IT
- Need Host/Port/Username/Password
- SSL/TSL Encryption?

Employee List
Train ID Update each employees POST or Training ID
prior to POST upload and training

Hire Date If not copied over from RIMS – update hire date For each employee prior to POST upload and
training

TIMS Admin Check for employees in training dept who need system access

Data Validation
Training Special Categories DV need to create with client during training Training Workgroups DV need to create with client during training

• MISC Info:
• Discuss these items being completed prior to BPR
• Discuss Nightly Copy Job – tables vs files
• Discuss conversion process (if applicable)

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RCS

• Overview: What we are covering
• RCS Location:??

• System Management|Config
• Never Change Comm Center name! (or sync with Agency name) • Use Windows Authentication – ***not supported on mobiles • Go through all tabs
• CAD: Must check unit/state for CLETS
• Records: Use Narrative Security… discuss as described in Help document • Records: Keep some person…?? For how many days?
• Image Size: what limits does IT want, if any?

• Agency
• Never change agency name!! (or sync with Comm Center Name on Config) • Verify data is correct
• Texting: is agency using? Has it been set up?

• Data Conversion (what are we converting? How this ties to data validation):

1. Data Mapping

2. Side by comparison

3. Sign off prior to GoLive

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Instructions Who? Agency Notes
Database Set Up
Premises Done during Initial Setup
Alarm Classifications DV <Premise: Alarm tab>
Alarm Types DV <Premise: Alarm tab>
Premise Watch Type DV <Premise: Premise Watch>
Premise Attach Type DV <Premise: Attachments>
Divisions Used in Cases & Users
Police Plans Used for Police Unit Recommendation;
defines Beats

Incident Response Types Used for Police Unit Recommendation; ties to Incident Type

Fire Station Run Cards Used for Fire Unit Recommendation; defines Station Run Order

Fire Response Types Used for Fire Unit Recommendation; ties to Incident Type

Tow Companies Will default display in alphabetic order for District

Texting
Narrative Text Used in Case Narratives
Inc Reference Docs Used with Incident Types
Agency Attach Forms
Special Skills Used in User

System Management
Workstations Verify assigned security groups Verify

CAD
Using Custom Mode? Need other agencies and 1 unit per to show outside calls

Incident Types DV; all checkboxes - verify Verify
Questions
Special Circ: Incidents DV

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Incident Attachment Types DV

People
Ethnicity Not used in CA
Gender <People: Page 1>
Social Networking Types Is this being used? <People: Associated Persons>

Officer Safety Category <People: Notes tab>
Special Attributes For Person <People: Page 2>

Vehicles
Vehicle values DV
Vehicle Makes/Model DV Update RFM/All Forms; update Makes/Models in RIMS

Cases
Offense Codes for Cases RIMS/System Mgmt Verify on RCS
Case Type DV
Case Status DV
Case Dispo DV
Solvability Factors DV
Special Circumstances - Cases DV (CLERY definitions)
Alarm Types DV <Case: Page 2>
DA Disposition DV <Case: Page 2>
DA Reason to not Prosecute DV <Case: Page 2>
Connection to Case ** Only with SRS help**
Special Circumstances - Arrests DV (CLERY definitions)
Vehicle Status DV <Case: Vehicles>
Judicial District DV Used by Cites, 555, Subpoenas,
Warrants

Route To DV <Case: Officer tab>
Case Print Reason DV <Print>
Controlled Document Stamp DV
Case Photo Categories DV <Case: Photo tab>

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Case Attachment Category DV <Case: Attachment tab>
Case Item Codes DV; Use on Case Kickbacks

Case Investigation
Case Inv Dispo DV; must have a code of ‘Pending’

RIMS Menu
Shift Bulletin
Media Bulletin

Records: using which apps?
Citations
Citation Violations DV; Muni codes? Create from Offense Codes for Cases Citation Classification DV
Citation Status, Type and Dispo DV
Citation Court Disposition DV
Citation Attachment Categories DV
FI
FI Type DV
Warrants
Warrant Type DV
Warrant Charge Level DV
Warrant Status DV
Warrant Reason DV
Warrant Attachment Type DV
Search Warrants
Subpoena
Subpoena Type DV
Judicial District DV
Subpoena Attachment Type DV
Citizen Subpoena
Citizen Subpoena Type/Service
Dispo and Attachment
DV
Civil

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Civil Status /Type and Dispo DV
Protection Orders
Protection Order
Status/Type/Attachment
DV

Offenders
Sex
Sex Offender Category DV
Known/Narcotics/Arson Reg
Parolee/Probationer
Probation Category DV
Gangs

Gang Offender
Trespass Must have Premises entered first
Trespass Status DV
PRCS
Abandoned Vehicles
Abandoned Veh Dispo
Abandoned Veh Attach Cat
Missing Persons
BOLOs
CCW Permits
CCW License Type DV
Firearm Purchase Denials

Doc Release Log
Document Release Type DV
Notifications Will discuss during Admin Trng

Pawn
Pawn Shops DV
Pawn Purchase Category DV

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RIMS/Administration
Vehicle/Parking Permits
Parking Permit Type DV
Permits
Permit Type
Visitor Passes Uses the same printer/labels as PropRoom Bicycle Licensing
Pet Licensing
Pet Status DV
Vehicle Maintenance Verify
Asset Mgment Vehicle Maint must be entered first
Inventory Mgmt –
Location/Type/Status
DV

Other
Phone List
Phone List Categories DV
Ready Ref e.g., Call Out Lists, gate codes, procedures
Ready Ref Categories DV

Property Room (2 hours)
PropRoom:Agency: Future Purge (does not include evidence) PropRoom:Agency: Future Auction
PropRoom:Agency: Future Destroy
Disallow Changing Prop Item # (rec: yes)
Clear Officer When.. (rec: ??)
Clear Reminder… (rec: yes)
Custom Labels: (rec: no)
DV: PropAttachmentCategory
DV: PropCourtDispo (shared/date on prop record)
DV: PropLabDispo
DV: PropRemoveItem (sub category to Dispo) Needs to be defined after Prop Dispo DV: PropRoomLoc **Agency specific; desc prints on label; max of 9 char

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Merge Data Values (locations & statuses): (used for conversion

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Who from RIMS doing what:
• Training workstation checklist signoff. (email to IT) • Training Plan: Who completed? Sent? Sign Off returned? • Documentation- Word format documents; Sent?

• Business Processes:
• Format for ½ addresses: in Apt # field or 123.5 in address • Who is adding case #: dispatch (command line) or ‘Add Case’ • Can Incident have more than 1 case #?
• From DOJ: New Case# for a Warrant Arrest vs. Warrant of Arrest: if no new charges can be under ‘old case #’; if new charges are added (including FTA), needs new case #
• Who does Voided Cases?
• Adding information to old Cases not in RIMS/Adding old Cases in entirety • Restricted Cases/Agency Confidential/Division Restricted • Case Attachments/Photos – what types:??? How many photos??? • Printing Case reports, Routing and the Audit Trail
• Who prints reports/forwards to DA?
• Electronic Case submission to DA??
• Collisions
▪ DUI Accident – 1 case # or 2?
▪ Person license fields – what do you want entered?
▪ Business Name – what do you want entered?
▪ Sketches?
• People
▪ Unknown Suspect – 1) How referenced? 2) Do you need to still see Unknown on case if they become known?
▪ Combine People Records – who?
▪ Comment/Officer Safety – who?
• Supplements for Follow-up vs. Case Investigation Log
• Case Management:
▪ One Supervisor vs All Supervisors (enter Supe ID if should go to one Supervisor) ▪ Records Review vs. Sgt Review
• Property

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o Who is printing labels?
o What is used in the Code field?
o Who does CLETS entry for Stolen?
• Mobiles – Doing FR from field?
• Maps: ESRI or Google: In Station? In mobile?

• MCC Settings:
• When?
• Setup up Email mail server
•

State Switch:
- Routing to DOJ?
- What is the status of the application
- Will lines be moved over prior to GoLIVE?

• Training Logistics:
• Where to stay?
• Dress code/Jean ok?
• Internet connection (for trainer)
• Location/Computers/room setup
• Schedule/who is attending (who will be the driver?)/must have Commander person

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Attachment 4 – Sample Training Plan

The foll owing sample t raining plan document provi ded for illus trative purposes only and does not necessarily reflect th e types of classes p roposed.

XXX Sheriff’s Office
RIMS Sample Training Plan

Introduction:

The purpose of this document is to provide your agency with information regarding the upcoming RIMS training. It provides information regarding the classes that will be provided and is meant to assist you in setting up your training facilities and ensuring that the appropriate staff is scheduled into the correct classes.

General Training Environment:

Training is best achieved in a classroom or briefing room setting. Workstations must be set up on the network, connected to the RIMS server and loaded with the RIMS client software, the ‘Choose RIMS’ icon (provides access the different RIMS databases) and, if purchased, the RIMS Mobile client software. Prior to the arrival of the students and before the start of each training session, please test the Choose RIMS icon by logging into the workstation with a non-Admin Username/Password and then access each database in the Choose RIMS selection menu. Little to no outside interruption is important for student success. No more than 1 student per computer for the Dispatch training and no more than 2 students per computer for all other classes is advised.

The term ‘RIMS administrator’ is referenced throughout this document. For RIMS, the RIMS administrator(s) is not IT staff per se, but supervisors and staff who will become ‘RIMS super users’ or will have long-term responsibility for RIMS table maintenance and user security setup.

Full days of training begin at 8 a.m. and may last until 5 p.m., based on the trainer’s discretion.

Lunch is generally scheduled from 11:30 a.m. – 12:30 p.m. Half day classes (if applicable) begin at 8 a.m. with a duration of up to 4 hours, typically with a second 4-hour session starting at 1 p.m.

If there are multiple sessions of the same class, be advised they are covering the same material so students need to attend only one session. This is particularly true of repetitive sessions such as Dispatch and Officer Training.

NOTE: It is required that a RIMS Admin is in attendance during ALL scheduled training class.

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Course Descriptions:

RIMS Configuration Setup (RCS):

This session continues the system setup that was started with the Initial Setup web sessions.

Agencies will be instructed on how to configure RIMS to most closely meet the desired procedures of the agency. In some cases, agencies may find that modifying existing procedures may be desired in order to take full advantage of RIMS functionality. The agency will additionally be instructed/assisted in setting up the remaining tables and values needed for the modules the agency will be using. Discussions will include:

• Customization of drop-down menu choices for 100+ fields • Agency records decisions
• Agency dispatch decisions
• Paper flow vs paperless vs less paper for records
• Property Room decisions
• Selection of case format type
• Review of data conversion processes and implementation; we will be reviewing data and starting data translations if data is available.

Dispatch/CAD Training:

This class covers common features of RIMS dispatch. Students are all dispatch personnel as well as those identified as RIMS administrators, or other staff who may have dispatch responsibilities. It includes taking calls for service, dispatching calls for service and Officer initiated activity. The basics from taking the call to dispatching and dispositioning the call are the primary training focus. Agencies are encouraged to explore additional CAD functionality to determine how RIMS CAD may best be used in your center. Role playing is included to reinforce real-life situations with the students.

Deputy Training:

This class will cover the following topics:

• Case Entry
• Case Management
• RIMS Mobile Computer Overview

The course is geared towards Officers and investigators however, since it is such an integral part of RIMS RMS, records staff must attend the Case Entry and Case Management portions as well.

Records Training (CIBRS Session):

This class/session specifically focuses on the Records Review/Case Management and the CIBRS reporting aspects of the RIMS Records system.

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It is MANDATORY that records staff attend one of the Officer Training Sessions prior to the Records Training. Officer Training is a prerequisite to the Records Training session.

Records Training (General Session):

This class focuses on all other aspects of the RIMS Records system.

It is MANDATORY that records staff attend one of the Officer Training Sessions prior to the Records Training. Officer Training is a prerequisite to the Records Training session.

RIMS Administration/Review:

This session has two parts: first is a review of outstanding system setup items and ensures that the tables, user security and the street file are ready for production use. Post GoLive activities such as technical support are also discussed. Attendees are the designated RIMS administrators.

Second, at the Agency’s request it can also include a review of high-level functions such as statistical reports and searches. Attendees of this portion would be higher-ranking Agency personnel.

RIMS InCustody Jail Management Training:

This class will cover the following topics:

• Person Entry
• Case Entry
• Case Management

The course is geared specifically towards Jail Deputies that will also be attending the Jail Deputy Training.

Jail Deputy Training:

This class will cover managing a booking from start to finish including Person records, admissions, inmate movement, offense management, questionnaires, releases, and reports.

Additionally, users will learn how to create and manage inmate incidents and run inmate reports.

Attendees MUST have previously attended the Jail RMS Training.

Conversion Review:

Working with the Sun Ridge conversion specialist, Records personnel and/or RIMS Administrators will continue the review of the translation tables, the mapping of data into RIMS and validation of converted data itself. After the final conversion review (prior to RIMS GoLive), you will be asked to sign a data-conversion-completion letter with the understanding that any errors found after GoLive are the agency’s responsibility to correct.

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In the essence of time due to the COVID delay of the project all Conversion Review days (defined below) will be handled through web sessions. These conversion review times will be with the Sun Ridge conversion specialist remotely accessing the system working with the agency’s RIMS Admin/system matter experts.

Property Room Setup/Training:

This training is geared specifically to property room staff. Property room staff is also required to attend at least Day 1 of the Officer Training.

GoLive:

GoLive for RIMS includes onsite support from four (4) Sun Ridge staff members for one (1) day.

Support consists of answering questions and guiding staff during their real time use of the system.

GoLive Support:

GoLive Support for RIMS includes continued onsite support from two (2) Sun Ridge staff member for the day after GoLive. Support consists of answering questions and guiding staff during their real time use of the system.

IT Session:

The IT Session will cover managing the server components (Mobile Controller, RIMS State Switch, E911, etc), as well details about updating software and obtaining support from Sun Ridge Systems.

Training Schedule:

RIMS Configuration Setup (Completed):

When: Wednesday, & Thursday, (0800 – ~1700)
Duration: Up to 16 hours
Attendees: Supervisors/RIMS Administrators

CAD Training – Session #1:

When: Tuesday, (0800 – ~1700) & Wednesday, (0800 – ~1700) Duration: Up to 16 hours
Attendees: Dispatchers/RIMS Administrators from RCS

Officer Training – Session #1:

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When: Thursday, (0800 – ~1700) & Friday, (0800 – ~1700) Duration: Up to 16 hours
Attendees: Deputies/RIMS Administrators from RCS and Records

Officer Training – Session #X:

When: Saturday, (0800 - ~1700) & Sunday, (0800 – ~1700) Duration: Up to 16 hours
Attendees: Officers/RIMS Administrators from RCS and Records (that did not attend Session #1)

Onsite Conversion Review (Final) #2:

When: Tuesday, (0800 – ~1200)
Duration: Up to 4 hours
Attendees: RIMS Administrators/Data Conversion Team

RIMS Administrative Review:

When: Tuesday, (1300 – ~1700)
Duration: Up to 4 hours
Attendees: RIMS Administrators

Records:

When: Wednesday, (0800 – ~1200)
Duration: Up to 4 hours
Attendees: Records staff that does Records Review and UCR

Property Room Setup/Training:

When: Wednesday, (0800 - ~1500)
Duration: Up to 7 hours
Attendees: Property Room Staff (must have already attend an Officer Training Session)

I/C Lite Train-the-Trainer Training:

When: Wednesday, (0800 - ~1700)
Duration: Up to 8 hours
Attendees: RIMS Administrators, Agency FTOs for I/C (must have already attend an Officer Training Session)

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GoLive:

When: Thursday, (0800 – 1700)
Duration: Up to 8 hours
Attendees: Agency’s Users as needed/RIMS Administrators

GoLive Support:

When: Friday, (0800 – 1700)
Duration: Up to 8 hours
Attendees: Agency’s Users as needed/RIMS Administrators

IT Session:

When: Friday, (early afternoon via websession, TBD)
Duration: Up to 2 hours
Attendees: RIMS Administrators (if desired), the Agency’s IT staff that will be maintaining RIMS

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Attachment 5 – Sun Ridge Support Services
Agreement

As requested, the following is Sun Ridge’s Support Services Agreement.

This Software Su pport Services Agreement (the “Sup port Services Ag reement”) sets forth a description of the software support, maintenance, and enhancement services to be provided by Sun Ridge Systems, Inc. (“ Sun Ridge”), to the Cities (“Licensees”) as part of the Software and Services Agreement to which i t is attached as an ex hibit (the “Agreemen t”). This Support Services Agreement covers all RIMS public safety software (Softwa re) licensed by the Licensee and is effective on the date of signing of the Agreement.

Under this Support Services Agreement, Sun Ridge agrees to provide the following services and products to Licensee:

1. Coverage Hours. Sun Ridge will provide a toll -free phone number for Licensee to call whenever a covered problem occurs. Normal service hours will be Monday-Friday, 8AM- 5PM PST, with the exception of New Year’s Day, President’s Day, Memorial Day, July 4th, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving Day, and Christmas Day (“c ommon holidays”). However, f or instances with the Licensee’s system is complete inop erable due to a Sun Ri dge software problem (“critical probl ems”) preventing basic system operat ion service will be available 24 hours, 7 days a week, common holidays included.

2. Sun Ridge’s Response to reported problems . Sun Ridge agrees to provide serv ice and assistance as expeditiously as possible as follows:
a. Most problems will be resolved with the initial phone call.

b. For problems that cannot be imm ediately reso lved, Sun Ridge will work to resolve the problem ba sed on the severity of the problem and the urgency reported by Licensee.
● For critical problems, Sun Ridge personnel will work with Licensee until the situation is resolved.

● For problems that are not critical problems that have a lesser though continuing impact on operations of Licensee (“non -critical p roblems”), Sun Ridge will endeavor to pro vide a solution or work around within 72 hours of the problem being reported to Sun Ridge by the Licensee.

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● For problems that a re not critical problems and a re not non -critical problems (“minor problems”) Sun Ridg e may, at its dis cretion, either issue a near term "fix release" of the product or include the fix in the next scheduled product update.

3. Licensee equipment and software responsibilities. Licensee agrees to have a means available for Sun Ridge to remot ely connect to Li censee’s system when a p roblem is reported. The software product used by Sun Ridge is Bomgar Remote Support Software, chosen because it provides su perior security and does so over an ordinary internet connection via a Sun Ridge server that hosts a security hardware device. - Sun Ridge will use this line only with the Licensee’s permission.

- Sun Ridge will use this link to connect to Licensee's system to examine data files, update and repair them when necessary, and download maintenance-related logs automatically maintained by the Software. Sun Ridge will also use this line to upload fixes to problems to Licensee’s system when appropriate.

4. Provision of software updates. Sun Ridge will provide at no additional cost all new enhanced and updated versions of software licensed to Licensee. This software will be provided with detailed installation instructions for installation by Licensee. If desired, Licensee may retain Sun Ridge to perform any installation at additional cost to be determined on a per case basis. Updates are distributed via download from Sun Ridge’s ftp web site. Sun Ridge will not be obligated to provide service for release versions that are more than two annual release versions older than the current release.

5. Cost. The cost of the services and software to be provided under this Support Services Agreement is _______.

6. Term. The initial term of this Support S ervices Agreement shall be one year from the commencement of the Initial Test Period as set forth in the Agreement, and s hall be subject to automatically renewal for another year (the “Renewal Term”) upon payment of invoice. Payment for the year is due in advance of the da y the services begin. Non - payment of the support invoice within forty -five (45) days of the commencement of the Renewal Term s hall be cause for terminating the Support Services Agreement by Sun Ridge upon written notice to the Licensee unless the non -payment is cured within ten (10) days from the License’s receipt of such written notice.

8. Termination. Licensee may terminate this Support Services Agreement with or without cause upon thirty (30) days written notice to Sun Ridge. If terminated, Licens ee is entitled to a prorated r efund for the service days not consumed beginning on the last

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day of the month the written notice is received by Sun Ridge to the end of the remaining term of the Support Services Agreement.

9. Limitations. Sun Ridge a grees to provide support only for Software provided by Sun Ridge. Other software used by Licensee (wor d processing, spreadshee t, etc.) is not included in this Support Services Agreement. PC and network operating system software and Mic rosoft SQL Server d atabase system software is sim ilarly not included, although Sun Ridge may assist Licen see in isolating problems to this softwar e. Also specifically excluded is responsibility for administration, support, or maintenance of your server, computer network, operating systems, or database (Microsoft SQL Server).

Licensee may purchase support ser vices outside the limitations of this agreement at the then current Sun Ridge’s hourly labor rate.

This Support Services Agreement does not include eq uipment maintenanc e or assistance in diagnosing hardware problems including but not limited to PCs, prin ters, network, scanners and other compute r peripheral devices with the exception that Sun Ridge will assist Licensee in determining whether a problem is RIMS application software in nature.

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Attachment 6 – Sun Ridge Standard Agreement

As requested, the following is Sun Ridge’s Standard Agreement which includes the licensing agreement language in Attachment 1.

SUN RIDGE SYSTEMS, INC.

SOFTWARE AND SERVICES AGREEMENT

This Software and Services Agreement (“Agreement”) is executed in duplicate as of __________, 2016, between Sun Ridge Systems, Inc., a California corporation (“Sun Ridge”), and __________, a political subdivision of the State of _________ (“the City”) located at _______________, __________, __________.

Section 1. Agreement. That for and in considerati on of payments an d agreements hereinafter mentioned to be made and performed by the Ci ty, and under the conditions set forth in this Agreement, Sun Ridge agrees to p rovide computer software (“Software”) an d services (“ Services”) to the City as described in Exhibit A , Scope of Work, attached hereto and inco rporated herein. The Software supp ort and maintenance services to be provided by Sun Ridge as part of the Service s are more specifically described in Exhibit C attached hereto and incorporated herein (“So ftware Support Services Agreement”).

Section 2. City Project M anager. Sun Ridge shall work under the general direction of ______________ in fulfilling this Agreement.

Section 3. Scope of Work. The project that is the subject of this Agree ment shall consist of the delivery by Sun Ridge to the City of the Software and Services (the “Project”) described in Exhibit A.

Section 4. Payment Schedule . In consideration for the Software and Services to be provided by Sun Ridge under this Agreement, the City agrees to pay Sun Ridge the Total Contra ct Amount (“Cont ract Amount”) given in Exhibit B according to the following schedule (“Payment Schedule”):

Milestone Amount of Payment
Contract Signing 25% of Contract Amount
Software Installation Complete 25% of Contract Amount
Training Complete 25% of Contract Amount
Final Acceptance 25% of Contract Amount

The City shall not be entitled to withhold or delay payments due to Sun Ridge pursuant to the above Payment Schedule due to delay in the delivery, in stallation, or testing of Software items described in Exhibit A where the delay is the result of actio n or inaction or breach of this

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Agreement by the City, its agents or employees or the action or inaction of a thir d party which is not within Sun Ridge's reasonable control.

Section 5. Invoices. Invoices shall be sent to:
________________________
________________________
________________________
Upon receipt of the invoice, the City shall verify that the invoice has been prope rly prepared and that the conditions of payment have been fulfilled. If the payment conditions have been fulfilled, the invoice shall be processed and paid by the City within thirty (30) days after the City’s receipt thereof.

In addition to any other amou nts for which City is liable under this Agreement, Ci ty agrees to pay to Sun Ridge a late c harge equal to one percent (1%) of the amount due if Cit y fails to pay Sun Ridge any a mount that is due and owing pursuant to this Agreement within sixty (60) days a fter City’s receipt of an invoice from S un Ridge. In addition, any invoiced amounts that are due and owing under this Agreement which City fails to pay to Sun Ridge within ninety (90) days after C ity’s receipt of an invoice from Sun Ridge shall thereafter bear interest at the rate of twelve perc ent (12%) per annum or the highest interest rate allowed by applicable law, whichever is less.

Section 6. Term of Agreement. Unless terminated earlier in accordance with the provisions of this Agreement or applicable law, the term of this Agreement (“Term”) shall be from the date shown on the first page of this Agre ement through completion of the Project. Completion of the Project means the installat ion by Sun Ridge of all of the Software, the completion by Sun Ridge of all tra ining and other Services and the payment by the City to Sun Ridge of the entire Contract Am ount. The Project schedule is to be separately gene rated and agreed to between the par ties. Notwithstanding the foregoing, the License described in Section 9 below will remain in effect until it is terminated pursuant to Section 9.

Section 7. Warranty/Disclaimer of Liability.

Sun R idge warrants that upon delivery t he So ftware substantially conforms to its Documentation and is free from defects that will materially impair its u se. The City’s sole and exclusive remed y for breach of this warranty will be repair or rep lacement of the Software. Sun Ridge will make reasonable efforts to correct errors in the Software, but does not warrant that the Software is error -free or will per form without interruption.

The City has relied solely upon its own investigation and judgme nt in selecting t he Software and not upon any representations or promises of Sun Ridge except as may be expressly stated in this Agreement.

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THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES

PERTAINING TO THE SO FTWARE, EXPRESS OR IMPLIED, AND SUN RI DGE

SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES O F MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL SUN RIDGE BE LIABLE FOR LOST BUSINESS, DIR ECT,

SPECIAL, INCIDENTAL, OR CONSEQ UENTIAL DAMAGES, H OWEVER CAUSED,

WHETHER FOR BREACH OF W ARRANTY, CONTRACT , TORT (INCLUDING

NEGLIGENCE, STRI CT LIABILITY, OR OTHERWISE) ARISING OUT OF THE

QUALITY, CONDITION OR USE OF THE SOFTWARE OR ANY OTHER PART OF THE PRODUCT. IN NO EVENT WILL SUN RIDGE BE LIABLE FOR AN Y AMOUNT WHICH EXCEEDS THE AMOUNT PAID BY THE CITY FOR THE PRODUCT.

Section 8. Final Acceptance. For thirty (30) days from the beginni ng of Agency’s Operational Use of the Software or forty (40) days after the com pletion of installation and training by Sun Ridge, whichever comes first (the “Test Period”), Agency shall t est the system for defects and ano malies. “Operational Use” is defin ed as the Agency’s use of the Sun Ridge Software in the course of the Agency’s daily business activities. During the T est Period, S un Ridge shall address and attempt to resolve issues wi th the Software identified by Agency under the Software Support Servi ces Agreement (Exhibit C). At the end of the Test Period, Agency shall accept or reject the Software as follows:

If City determines that the Software is performing to it s satisfaction it shall immediately provide written notice to Sun Ridge of final accep tance of the Software (“Final Acceptance Notice”), and upon receipt of a valid invoice from Sun Ridge, shall proce ss and pay the final milestone of the Contract Amount in cluding any additional outstanding milestone Payment Amounts. Any remaining issues wi th the Software shall be covered as part of the original cost of the system and handled as maintenance items under the Software Support Services Agreement (Exhibit C).

If City decides to not accept the Software, then it m ust so notify Sun Ridge in writing within five (5) calendar days after the end of the Test Period (a “Rejection No tice”). If a Rejection Notice is g iven, this Agreeme nt shall be automatically terminated a nd all payments a lready made by City to Sun Ridge, less the cost of project management , installation, data conversion, and training services provided up to the date of termination shall be returned to City by Sun Ridge within thirty (30) days after receipt of the notice.

The terms of Section 11 and all ot her provisions of this Agreement th at expressly survive such termination shall apply.

If City fails to provide a F inal Acceptance Notice or a Rejecti on Notice within f ive (5) calendar days after the end of the Test Period, then City’s final acceptance of t he Software shall be considered to have occurred and City and Sun Ridge shall proceed as described in section 8.a above.

Section 9. Software License. Subject to the terms, conditions, limitations and restrictions set forth in this Agreement, Sun Ridge grants to the C ity a nonexclusive and

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non-transferable license, effective upon the City’s Final Acceptance of the Software pursuant to Section 8 above, to use the Softwa re in c onnection with the City’s normal and customa ry daily operatio ns substantially as they exist as of the date of commencement of the Term as described below (the “License”). The City shall acquire no ownership o r other rights in or to the Software exc ept for the L icense granted hereunder, and title to the Software shall at all times remain with Sun Ridge.

The following additional terms, conditions and limitations apply to the License:
• The City may use the Softwar e on all computers in the City’s agency and in any other agencies explicitly agreed to in writing by Sun Ridge; • The City may make a copy of th e Software for backup or modificati on purposes only in support of the City’s authorized use of the Software hereun der as Sun Ridge has expressly authorized; and
• No one using the Software, and no one for wh ose benefit the S oftware is being used, shall sublicense, resell, distribute, market, provide or otherwise make available the Software or any part or copies thereof to any third party. • The City shall not transfer, use, or export the Software in violation o f any applicable laws, rules, or regulations of any government or governmental agency. • The City shall not use the Software to disrupt, disable, or otherwise harm th e operations, software, hardware, equipme nt, an d/or sy stems of a business, institution, or o ther entity, incl uding, without limitation, exposi ng the business, institution, or oth er entity to any computer virus, trojan horse, or other harmful, disruptive, or unauthorized component.
• The City shall not e mbed the Software in any third -party applications, unless expressly permitted under this Agreem ent or otherwise authorized in writing in advance by an authorized officer of Sun Ridge.
• The License granted under this Agreement shall apply only to the o bject code for the Software. No one using the Soft ware, and no one for whose benefit the Software is being used, shall have the right to use or have access to the source code for the Software, and neither the City nor anyone using the Software pursuant to this License will modify, change, merge, adapt, tr anslate, reverse engineer, decompile, disassemble or prepare derivative works based up on the Software.
• The City acknowledges that the Software and the Documentation constitute trade secrets of Sun Ridge. The Ci ty agree s to maintain the confidentiality of t he Software and t he Documentation, and shall take commercially reasonable steps to preserve that confidentiality pursuant to Section 12 of this Agreement.

The term of the License shall commence upon Final Acceptance of the Software by the City, and shall continue until the License is terminated as provided below.

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• Sun Ridge may immediately t erminate the License in the event of any failure by the City to comply with the terms or conditions of this Agreement by giving written notice of such termination to the City. In the eve nt the City has leased the Software from Sun Ridge, the License will terminate automatically upon termination of the lease. Upon such termination , the City shall immediately cease further use of the Software and will cause all copies of t he Software to be destroyed or returned to Sun Ridge.
• The City may terminate the License at any time by giving written notice thereof to Sun Ridge and by destroyin g or returning to Sun Ridge all copies of the Software. The City acknowledges and agrees tha t any election by the City to terminate the License hereunder will not entitle the Cit y to any refund of amounts paid or compensation of any kind from Sun Ridge.
• Upon any termination or expiration of the L icense, an au thorized representative of the City shall certify in writing to Sun Ridge that all copi es of the Software and the Documentat ion which were the subject of the License have either been destroyed or returned to Sun Ridge as required above.
• The pr ovisions of S ections 7 and 1 1 through 13, inclusive , shall survive t he expiration or termination of this Agreement.

Sun Ridge may, at its option, release updates to or new versions of the Software. If the City elects to obtain any update or new version of the Software, the use of such update or new version will be subject to the terms and conditions of this Agreement.

Except as expressly p rovided in this Agreement, Sun Ridge retains all intellectual property rights and other rights to the Software, Documentation (as defined below), and the source code for the Software.

Section 10. Indemnity and Insurance.

Sun Ridge agrees to indemnify, defend, and hold harmless the City and its officers, directors, shareholders, employees, and agents (the “City Indemnified Parti es”) from any and al l claims, demands, liabilities, and co sts, including attorney’s fees (“Claims”), arising out of or relating to (i) any actua l infringement of a third -party’s intellectual property rights or (ii) the ne gligence or willful misconduct of a ny employee or agent of Sun Ridge occurring during or as a result of Sun Ri dge’s performance of its obligat ions hereunder, provided that Sun Rid ge shall have no indemnity or other obligations to the City hereunder to the extent any such Claims arise from o r are t he result of the negligence or other fault of the C ity or its employ ees, agents or other contractors nor shall the foregoing indemnity an d hold harmless obligations of Sun Ridge extend to or cover any Claims arising from or relating to claims of defects or errors in the Software or the City’s use or inability to use the Software. This indemnity obligation shall survive the expiration, cance llation or termination of this Agreement. Notwithstanding the foregoing, the City expressly waives, releases, a nd agrees that neith er Sun Ridge nor Sun Ridge’s officers, directors, share holders, employees, agents and a ffiliates shall

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have any liability for any individual’s or entity’s lost business, direct damages, incidental or consequential damages, or any other Claims arising out o f or related to the use or implementation of the Software.

During the term of this Agre ement, Sun Ridge shall comply with th e following insurance requirements:
• Workers’ Compensation. Sun Ridge shall f ully comply with the terms of the l aw of California concerning workers’ compensation. Said c ompliance shall i nclude, but not be limited to, m aintaining in full force and effect o ne or more policies of insurance insuring against any liability Sun Ridge may have for workers’ compensation. Sa id poli cy shall also include employer’s liability coverage of $1,000,000 per accident for bodily injury or disease.
• General Liability Insurance . Sun Ridge shall obtain at its sole cost and keep in full force and effect during the term of this Agreement commercial general liability insurance in the amount of $1,0 00,000 per occurr ence for bodily injury, and property damage personal injury; coverage includes products and completed operations,. Said insurance shall provide ( 1) that the City, its officers, and employees shall be included as additional insureds under the policy, and (2) that the policy shall operate as primary insurance, and non-contributory. • Automobile Liability Insurance . Sun Ridge shall obtain at its sole c ost and keep in full force and effe ct duri ng the term o f this Agreement business automobile liability insuranc e in the amount of $1,000,000 co mbined single limit per occurrence for bodily injury and property damage. Said insurance shall provide (2) that the policy shall operate as primary insurance, and non-contributory. • Certificates of Insurance. Sun Ridge shall file with City upon the execution of this Agreement, certificates o f insurance which shall provide that no cancellation, major change in coverag e, expiration, or nonrenewal will b e made during the term of this agreement, without thirty ( 30) days written notice to the City prior to the effective date of such cancellation, or change in coverage.

Section 11. Termination Rights. Either party may terminate this A greement upon material breach of any of the terms of this Agreement by the other Party, after first giving the other party written notice of s uch breach and thirty (30) days to c ure. If the breaching party does not cure the breach within the allotted time , the Agreement will be terminated. Upon Termination, each party will return, delete, or de stroy any copies, whether tangible or electronic, of Confidential Information obtained from the other party pursuant to this Agre ement, including but not limited to any Documentation and any Confidential Information stored on any equipment that may be retu rned, and certify to the other party in writing wi thin five (5) business days of the t ermination date that it has done so.

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Section 12. Confidential Information. “Confidential Information” means any and all confidential information of a party to this Agreement that is not generally known to or by members of the public, including but not limited to businesses that compete with such a party, including but not limited to the Software and the Documentation pertaining thereto. Confident ial Information shall not include info rmation that is n ow or becomes part of the public domain, is required by applicable la w to be disclosed, was already known by the receiving party at the time of dis closure, is independently developed by the receiving p arty without any use of Confidential I nformation, or is lawfully obtained from a third p arty. “Documentation” means those visually readable materials developed by or f or Sun Ridge for use in connection with the Software, in either written or electronic form.

Each party agrees to protect the o ther party ’s Conf idential Information. Confidentia l Information will not be used or di sclosed except as authorized by the providi ng party.

Confidential Information will be disclosed to employees of the re ceiving party only on a “need to know” basis and on ly after such emp loyees are informed of the confid ential nature of the information and obligated to maintain confidentiality.

If a party or any party acting on its behalf is required to disclose by order o f a court of competent jurisdiction, administrative agency or govern mental body, or by subpoena, summons or other legal process, or by la w, rule or regulation, or by applicable regulatory or professional standards to produce Confidential Information, that party shall promptly (and prior to such disclosure) notify the other party in writing of such demand or requirement whereupon the parties shall cooperate and take all reasonable acts (without significant cost or exp ense to the notifying party) to exhaust t he legal avenues available to maintain the confiden tiality of such C onfidential Information, unless t he party whose Confidential Informat ion is at issue consents to the producti on and disclosure of such Confidential Information. In all events, only that p ortion of the Confidential Information specifically requested by the tribunal or person compelling such disclosure shall be provided and no interpretation or analysis of such da ta prepared for the purpose of such di sclosure shall be disclosed unless approv ed the party whose Confidential Information is at issue or required by law.

Section 13. General Terms.

Governing Law. This Agreement will be constru ed by and enforced in accordance with the laws of the state of California.

Arbitration. If a dispute arises from or re lated to this Agreement or the breach of this Agreement and if such dispute cannot be settled through direct discussions, the parties agree to first endeavor to settle the dispu te in an amicable manner by mediation to be held in Sacramento, California, und er the Commercial Mediation Rules of the American Arbitration Associ ation before resorting to arbitra tion. Thereafter, any unresolved controversy or claim arising from or relati ng to this Agreement, or breach of thi s Agreement, shall be settled in arbitrat ion to be hel d in Sacramento, California. The arbitration will be go verned by the Commercial Arbitrat ion Rules of the American

County of Yuba
Proposal from Sun Ridge Systems, Inc.

Sun Ridge Systems, Inc. Page 92
Arbitration Association, and the parties shall be allowed discovery in accordance with the California Code of Civil Procedure. I f Sun Ridge and the City cannot jointly select a single arbitrator to determine the matter, one arbit rator shall be chosen by each of Sun Ridge and the City (or, if a party fail s to make a choice, by the American Ar bitration Association on behalf of such p arty) and the two arbitrators so chosen will select one additional arbitrator. The decision of the s ingle arbitrator jointly selected by Sun Ridge and the City, or, if three ar bitrators are selected, the decision o f any two of them will be final and bindi ng on the par ties and the judgment of a court of co mpetent jurisdict ion may be entered on such decisi on. The prevailing party shall be en titled to recover reasonable fees and expenses resulting from any arbitration proceeding.

Severability. If any provisi on of this Ag reement shall be held to be invalid, i llegal, or unenforceable, such finding shall not a ffect the validity, legality, or enf orceability of the remaining provisions.

Assignment. Parties may not transfer, assign, or sublicense this Agreement, any license hereunder, or any of its rights or duties hereunder to any other person, site or corporation without the prior written consent of the other party. Any attempted trans fer, assignment, or sublicense made without prior written consent shall be completely void.

Notice. Any notice requested or permi tted to be given hereunder shall be sent prepaid, certified mail, return receipt reque sted, and shall be deemed to have been g iven on the third (3 rd) business day a fter mailing to the other party as follow s: to the Ci ty at the address indicated in the ini tial paragraph of this Agreement or to Facsimile N o. ______________________; to Sun Ri dge Systems at P.O. Box 5071, El Dorado Hills, CA 95762, Facsimile No. (530) 6 72-2385. Notices may be given by facsimi le transmission to such number as may be specified by the party for such purpose and shall be deemed to have been given when transmitted to such number with confirmation of a successful transmission.

Independent Con tractors. The parties to this Agreement shall constitute independent contractors. Nothing in this Agreement shall be construed as establishi ng any employment, partnership, joint venture or similar arrangement between the parties, and no party has any aut hority to commit any other party to any o bligation to any other person or entity, unless expressly agreed to in writing signed by such party.

Force Majeure. Sun Ridge shall not be responsible for interruption of, interference with, diminution of, or suspe nsion of any of its products or services, including performance failure, which are caused by strike, lockout, riot, epidemics, war, government regulation, fire, flood, natural di saster, acts of God, utility failures, l osses or injuries arising directly or indirectly from criminal acts, negligent acts of others, malfunctions or inadequacies of equipment or service not directly within the control of Sun Ridge.

Authorization/Entire A greement/Modification. This Agreement wi ll be effective upon signing by the Ci ty and Sun Ridge. This Agreement is the complete and final Agreement of the parties relatin g to the subject of this Agreement and it replaces and supersedes any prior or contemp oraneous oral or written understandings or

County of Yuba
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agreements. No alteration or variat ion to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto.

This Agreement has been executed b y the parties hereto, from the date shown on the first page.

SUN RIDGE SYSTEMS, INC.

By:
__________________________________
Anthony B. Richards
Its: President
[customer name]

By:
__________________________________

Its:

City Council Staff Report
DATE: August 5, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Safe, Clean Water Program Fund Transfer Agreement RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorizing the City Manager to execute a Safe, Clean Water Program Fund Transfer Agreement with the Los Angeles County Flood Control District, in a form approved by the City Attorney, for the City’s Stormwater Program;

2. Adopting a Resolution to add stormwater projects to the Fiscal year 2024- 25 Capital Improvement Program;

3. Appropriating $596,767 in Measure W funds for the proposed Capital Improvement Projects; and

4. Taking such additional, related, action that may be desirable.

EXECUTIVE SUMMARY:

The City receives funds from the Safe, Clean Water (SCW) Program, also known as Measure W. On August 5, 2020, City Council approved a Transfer Agreement to receive funds through FY2023-24. It is recommended, that City Council approve a new Transfer Agreement for receipt of funds through FY 2027-28.

BACKGROUND:

In November 2018, voters approved the SCW Program, a special parcel tax based on impermeable areas within the jurisdiction of the District. The SCW Program funds stormwater initiatives that improve water quality, increase local water supply, and provide community benefits, like green spaces and parks. Revenues derived from the tax are allocated to projects and programs implemented by the District (10%) , municipalities (40%), and regional watershed-based projects and programs (50%).

To participate in the program the City must have a Transfer Agreement with the District and submit an annual plan for use of funds. The City first received annual Measure W funds in FY2020-21. Funds disbursed to the City have been used towards the management of its stormwater program, catch basin maintenance, and for Capital Improvement projects such as the East LA Sustainable Median Stormwater regional project, and installation of catch basin trash capture devices. It is recommended that the City enter into a new Transfer Agreement to continue receiving funding for future programs and projects through FY2027- 28. The City anticipates receiving $730,000 for FY2024-25.

Consent Calendar - 3D

Staff Report

August 5, 2024
2024-25 STRATEGIC PLAN GOAL:

This agreement meets the City’s goal to maintain, build and modernize infrastructure and facilities to support the current and future needs of the community. Prioritization of stormwater projects aims to improve water quality in the City.

FISCAL IMPACT:

The City’s stormwater program activities and projects are primarily funded by Measure W funds. It is recommended that $596,767 be appropriated to the FY2024-25 budget for the following Capital Improvement Projects.

Capital Improvement Project FY24-25 Budget
Storm Drain Master Plan $146,767
Catch Basin CPS Units $100,000
Stormwater Infiltration
Trenches/Demonstration Garden
$350,000
Respectfully submitted by: Prepared by:

Shawn Igoe
Director of Public Works
Xochitl Tipan
Administrative Manager
Reviewed by:

Martha Garcia
Director of Finance
Approved by: Reviewed by:

Inez Alvarez
City Manager
Solange Fortenbach
Deputy City Attorney
ATTACHMENT:

1. Transfer Agreement

2. Resolution

Staff Report
August 5, 2024
ATTACHMENT 1
Transfer Agreement

TRANSFER AGREEMENT BETWEEN

THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND MONTEREY PARK AGREEMENT NO. 2024MP54
SAFE, CLEAN WATER PROGRAM – MUNICIPAL PROGRAM
This Transfer Agreement, hereinafter referred to as “Agreement,” is entered into as of by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and Monterey Park, hereinafter referred to as "Municipality." WHEREAS, District, pursuant to the Los Angeles Region Safe, Clean Water (SCW) Program ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District;
WHEREAS, pursuant to Section 16.04.A.2. of the Los Angeles County Flood Control District Code, forty percent (40%) of annual SCW Program tax revenues shall be allocated to Municipalities within the District, in the same proportion as the amount of revenues collected within each Municipality, to be expended by those cities within the cities' respective jurisdictions and by the County within the unincorporated areas that are within the boundaries of the District, for the implementation, operation and maintenance, and administration of Projects and Programs, in accordance with the criteria and procedures established in this Chapters 16 and 18 of the Los Angeles County Flood Control District Code; WHEREAS, pursuant to Section 16.05.A.1. of the Los Angeles County Flood Control District Code, prior to their receipt of SCW Program funds, Municipalities must enter into an agreement with the District to transfer SCW Program funds;
WHEREAS, the County of Los Angeles Board of Supervisors has approved a standard template Agreement, as required by and in accordance with Section 18.09 of the Los Angeles County Flood Control District Code, for the transfer of SCW Program funds to Municipalities.

NOW, THEREFORE , in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Municipality, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:

I. DEFINITIONS
The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code shall apply to this Agreement. In addition, the following definitions shall also apply:
“Agreement” means this Transfer Agreement, including all exhibits and attachments hereto. “Annual Plan” means the plan referred to in Section 18.09.B.5 of the Code that includes the contents specified in Exhibit A.
"Code" means the Los Angeles County Flood Control District Code. “Days” means calendar days unless otherwise expressly indicated.
“Fiscal Y ear” means the period of twelve (12) months terminating on June 30 of any year. “Safe Clean Water (SCW) Program Payment” means the Municipality's annual allocation of SCW Program funds as described in Section 16.04.A.2. of the Code disbursed by the District to the Municipality. “Y ear” means calendar year unless otherwise expressly indicated.

II. PARTY CONTACTS
The District and the Municipality designate the following individuals as the primary points of contact and communication regarding the Municipal Program and the administration and implementation of this Agreement.

Los Angeles County Flood Control District Municipality: Monterey Park Name: Haris Harouny Name:

Address: 900 S Fremont Ave, Alhambra, CA
91803
Address:

Phone: (626) 300-2620 Phone:

Municipal Program
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Email: [email protected] Email:

Either party to this Agreement may change the individual identified as the primary point of contact above by providing written notice of the change to the other party.

III. EXHIBITS INCORPORATED BY REFERENCE
The following exhibits to this Agreement, including any amendments and supplements hereto, are hereby incorporated herein and made a part of this Agreement:

EXHIBIT A – ANNUAL PLAN CONTENTS
EXHIBIT B – GENERAL TERMS AND CONDITIONS
EXHIBIT C – NATURE-BASED SOLUTIONS (Best Management Practices) EXHIBIT D – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT

IV. MUNICIPAL PROGRAM IMPLEMENTATION
A. The Municipality shall annually prepare and submit to the District, an Annual Plan. The Annual Plan shall be submitted not later than 90-days prior to the start of the Fiscal Y ear for which the Plan is prepared.

B. The Municipality shall utilize the SCW Program Payments in compliance with Chapters 16 and 18 of the Code.

C. The Municipality shall comply with the terms and conditions in Exhibits B, C, and D, of this Agreement, and all applicable provisions of Chapters 16 and 18 of the Code, specifically including, without limitation, Section 18.06.

V. SCW PROGRAM PAYMENTS TO MUNICIPALITIES
A. SCW Program Payments will generally be available for disbursement by December 31, provided a duly executed transfer agreement is in effect and subject to the Municipality's compliance with the conditions described in paragraph B, below; however the District may, in its discretion, change the date and number of the actual disbursements for any Fiscal Y ear based on the amount and timing of revenues actually collected by the District.

B. The District shall disburse the Municipality's SCW Program Payment upon satisfaction of the following conditions: (1) the District has received the Annual Progress/Expenditure Report required pursuant to Section

18.06.D of the Code; (2) the District has received Municipality's Annual Plan for that Fiscal Y ear, and (3) the Municipality has complied with the audit requirements of Section B-6 of Exhibit B.

C. Notwithstanding any other provision of this Agreement, no disbursement shall be made at any time or in any manner that is in violation of or in conflict with federal, state, County laws, policies, or regulations.

D. All disbursements shall be subject to and be made in accordance with the terms and conditions in this Agreement and Chapters 16 and 18 of the Code.

VI. TERM OF AGREEMENT
This Agreement shall expire at the end of the 2027-28 Fiscal Y ear. The parties shall thereafter enter into a new agreement based on the most recent standard template agreement approved by the Board.

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IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

By:

Name:

Title:

Date:

LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:

By:

Name:

Title:

Date:

Municipal Program
Agreement No.2024MP54

EXHIBIT A – ANNUAL PLAN CONTENTS
A-1. Description of all projects anticipated to be funded using the SCW Program Payment. Include a discussion of how the projects will result in the achievement of one or more SCW Program Goals, including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.

A-2. Description of all programs anticipated to be funded using the SCW Program Payment. Include a discussion of how the programs will result in the achievement of one or more SCW Program Goals; including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.

A-3. Description of all operation and maintenance activities anticipated to be funded using the SCW Program Payment.

Include a discussion of how those activities will result in the achievement of one or more SCW Program Goals.

Additional operation and maintenance activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.

A-4. Description of the stakeholder and community outreach/engagement activities anticipated to be funded with the SCW Program Payment, including discussion of how local NGOs or CBOs will be involved, if applicable, and if not, why. Additional outreach/engagement activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.

A-5. Description of post-construction monitoring for projects completed using the SCW Program Payment. Additional post-construction monitoring activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.

A-6. Provide the status of any projects that have been awarded (or are seeking award of) Institute for Sustainable Infrastructure (ISI) verification, if applicable.

A-7. Provide the budget for the activities described in provisions A1 through A-5 SCW Program Payment.

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EXHIBIT B – GENERAL TERMS AND CONDITIONS
B-1. Accounting and Deposit of Funding Disbursement

1. SCW Program Payments distributed to the Municipality shall be held in a separate interest-bearing account and shall not be combined with other funds. Interest earned from each account shall be used by the Municipality only for eligible expenditures consistent with the requirements of the SCW Program.

2. The Municipality shall not be entitled to interest earned on undisbursed SCW Program Payments; interest earned prior to disbursement is property of the District.

3. The Municipality shall operate in accordance with Generally Accepted Accounting Principles (GAAP).

4. The Municipality shall be strictly accountable for all funds, receipts, and disbursements for their SCW Program Payment.

B-2. Acknowledgement of Credit and Signage
The Municipality shall include appropriate acknowledgement of credit to the District’s Safe, Clean Water Program for its support when promoting activities funded with SCW Program funds or using any data and/or information developed SCW Program funds. When the SCW Program Payment is used, in whole or in part, for construction of an infrastructure Project, signage shall be posted in a prominent location at Project site(s) or at the Municipality’s headquarters and shall include the Safe, Clean Water Program color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” At a minimum the sign shall be 2’ x 3’ in size. The Municipality shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.

When the SCW Program Payment is used, in whole or in part, for a scientific study, the Municipality shall include the following statement in the study report: “Funding for this study has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” The Municipality shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.

B-3. Acquisition of Real Property - Covenant
Any real property acquired in whole or in part with SCW Program funds shall be used for Projects and Programs that are consistent with the SCW Program Goals and with the provisions of Chapter 16 and 18 of the Code.

Any Municipality that acquires the fee title to real property using, in whole or in part, SCW Program funds shall record a document in the office of the Registrar-Recorder/County Clerk containing a covenant not to sell or otherwise convey the real property without the prior express written consent of the District, which consent shall not be unreasonably withheld.

B-4. Amendment
Except as provided in Section II of the Agreement, no amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. No oral or written understanding or agreement not incorporated in this Agreement is binding on any of the parties.

B-5. Assignment
The Municipality shall not assign this Agreement.

B-6. Audit and Recordkeeping

1. The Municipality shall retain for a period of seven (7) years, all records necessary in accordance with Generally Accepted Accounting Principles to determine the amounts expended, and eligibility of Projects implemented using SCW Program Payments. The Municipality, upon demand by authorized representatives of the District, shall make such records available for examination and review or audit by the District or its authorized representatives. Records shall include accounting records, written policies and procedures, contract files, original estimates, correspondence,
change order files, including documentation covering negotiated settlements, invoices, and any other supporting evidence deemed necessary to substantiate charges related to SCW Program Payments and expenditures.

2. The Municipality is responsible for obtaining an independent audit to determine compliance with the terms and conditions of this Agreement and all requirements applicable to the Municipality contained in chapters 16 and 18 of the Code. Municipality shall obtain an independent audit of their SCW Program Payments every three (3) years. Audits shall be funded with Municipal Program funds.

3. Municipality shall file a copy of all audit reports by the ninth (9) month from the end of each three (3) year period to detail the preceding three (3) years of expenditures. Audit reports shall be posted on the District’s publicly accessible website. Due date example below.
th
Municipal Program
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Every Third Fiscal Year
Fiscal Year Audit Begins Audit Report Due to District
2023-24 7/1/2027 No later than 3/31/2028

4. Upon reasonable advanced request, the Municipality shall permit the Chief Engineer to examine the infrastructure Projects using SCW Program Payments. The Municipality shall permit the authorized District representative, including the Auditor-Controller, to examine, review, audit, and transcribe any and all audit reports, other reports, books, accounts, papers, maps, and other records that relate to the SCW Program Payments. Examination activities are considered District administration of the SCW Program.

5. Expenditures determined by an audit to be in violation of any provision of Chapters 16 or 18 of the Code, or of this Agreement, shall be subject to the enforcement and remedy provisions of Section 18.14 of the Code.

B-7. Availability of Funds
District’s obligation to disburse the SCW Program Payment is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason including, but not limited to, failure to fund allocations necessary for disbursement of the SCW Program Payment, the District shall not be obligated to make any disbursements to the Municipality under this Agreement. This provision shall be construed as a condition precedent to the obligation of the District to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Municipality with a right of priority for disbursement over any other Municipality. If any disbursements due to the Municipality under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the District that such disbursement will be made to the Municipality when sufficient funds do become available, but this intention is not binding. If this Agreement’s funding for any Fiscal Y ear is reduced or deleted by order of the Board, the District shall have the option to either cancel this Agreement with no liability occurring to the District or offer an amendment to the Municipality to reflect the reduced amount.

B-8. Choice of Law
The laws of the State of California govern this Agreement.

B-9. Claims
Any claim of the Municipality is limited to the rights, remedies, and claims procedures provided to the Municipality under this Agreement. Municipal expenditures of a SCW Program Payment that involves the District shall utilize a separate and specific agreement to that Project that includes appropriate indemnification superseding that in this Agreement.

B-10. Compliance with SCW Program
The Municipality shall comply with and require its contractors and subcontractors to comply with all provisions of Chapters 16 and 18 of the Code.

B-11. Compliance with Law, Regulations, etc.

The Municipality shall, at all times, comply with and require its contractors and subcontractors to comply with all applicable local, state and federal laws, rules, guidelines, regulations, and requirements.

B-12. Continuous Use of Municipal Projects; Lease or Disposal of Municipal Projects The Municipality shall not abandon, substantially discontinue use of, lease, or dispose of all or a significant part or portion of any Project funded in whole or in part with SCW Program Payments during the useful life (defined as 30 years unless specified otherwise in annual plans and subsequent reports) of the Project without prior written approval of the District.

Such approval may be conditioned as determined to be appropriate by the District, including a condition requiring repayment of a pro rata amount of the SCW Program Payments used to fund the Project together with interest on said amount accruing from the date of lease or disposal of the Project.

B-13. Disputes
Should a dispute arise between the parties, the party asserting the dispute will notify the other parties in writing of the dispute. The parties will then meet and confer within 21 calendar days of the notice in a good faith attempt to resolve the dispute.

If the matter has not been resolved through the process set forth in the preceding paragraph, any party may initiate mediation of the dispute. Mediation will be before a retired judge or mediation service mutually agreeable to the parties.

All costs of the mediation, including mediator fees, will be paid one-half by the District and one-half by the Municipality.

SCW Program Payments shall not be used to pay for any costs of the mediation.

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The parties will attempt to resolve any dispute through the process set forth above before filing any action relating to the dispute in any court of law.

B-14. Final Inspection and Certification of Registered Professional Upon completion of the design phase and before construction of a project, the Municipality shall provide certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist) that the design has been completed.

Upon completion of the project, the Municipality shall provide for a final inspection and certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Agreement.

B-15. Force Majeure.

In the event that Municipality is delayed or hindered from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials not related to the price thereof, riots, insurrection, war, or other reasons of a like nature beyond the control of the Municipality, then performance of such acts shall be excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay.

B-16. Funding Considerations and Exclusions

1. All expenditures of SCW Program Payments by Municipality must comply with the provisions of Chapters 16 and 18 of the Los Angeles County Flood Control District Code, including but not limited to the provisions regarding eligible expenditures contained in Section 16.05.A.2 and the provision regarding ineligible expenditures contained in Section 16.05.A.3.

2. SCW Program Payments shall not be used in connection with any Project implemented as an Enhanced Compliance Action ("ECA") and/or Supplemental Environmental Project ("SEP") as defined by State Water Resources Control Board Office of Enforcement written policies, or any other Project implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; provided, however, that SCW funds may be used for a Project implemented pursuant to a time schedule order ("TSO") issued by the Los Angeles Regional Water Quality Control Board if, at the time the TSO was issued, the Project was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit.

B-17. Indemnification
The Municipality shall indemnify, defend and hold harmless the District, the County of Los Angeles and their elected and appointed officials, agents, and employees from and against any and all liability and expense, including defense costs, legal fees, claims, actions, and causes of action for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage, arising from or in conjunction with: (1) any Project or Program implemented by the Municipality, in whole or in part, with SCW Program Payments or (2) any breach of this Agreement by the Municipality.

B-18. Independent Actor
The Municipality, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the District.

The Municipality shall not contract work with a contractor who is in a period of debarment from any agency within the District. (LACC Chapter 2.202)
B-19. Integration
This is an integrated Agreement. This Agreement is intended to be a full and complete statement of the terms of the agreement between the District and Municipality, and expressly supersedes any and all prior oral or written agreements, covenants, representations and warranties, express or implied, concerning the subject matter of this Agreement.

B-20. Lapsed Funds

1. The Municipality shall be able to carry over uncommitted SCW Program Payments for up to five (5) years from the end of the fiscal year in which those funds are transferred from the District to the Municipality.

2. If the Municipality is unable to expend the SCW Program Payment within five (5) years from the end of the fiscal year in which those funds are transferred from the District to the Municipality, then lapsed funding procedures will Municipal Program
Agreement No.2024MP54

apply. Lapsed funds are funds that were transferred to the Municipality but were not committed to eligible expenditures by the end of the fifth (5th) fiscal year after the fiscal year in which those funds were transferred from the District.

3. Lapsed funds shall be allocated by the Watershed Area Steering Committee of the respective Watershed Area to a new Project with benefit to that Municipality, if feasible in a reasonable time frame, or otherwise to the Watershed Area.

4. In the event that funds are to lapse, due to circumstances beyond the Municipality’s control, then the Municipality may request an extension of up to twelve (12) months in which to commit the funds to eligible expenditures.

Extension Requests must contain sufficient justification and be submitted to the District in writing no later than three (3) months before the funds are to lapse.

5. The decision to grant an extension is at the sole discretion of the District.

6. Funds still uncommitted to eligible expenditures after an extension is granted will be subject to lapsed funding procedures without exception. Example Below.

Fiscal Year
Transferred
Funds Lapse
After
Extension
Request Due
Commit By
2019-20 6/30/2025 No later than
3/31/2025
No later than
6/30/2026

B-21. Municipal Project Access
Upon reasonable advance request, the Municipality shall ensure that the District or any authorized representative, will have safe and suitable access to the site of any Project implemented by the Municipality in whole or in part with SCW Program Payments at all reasonable times.

B-22. Non-Discrimination
The Municipality agrees to abide by all federal, state, and County laws, regulations, and policies regarding non- discrimination in employment and equal employment opportunity.

B-23. No Third-Party Rights
The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein B-24. Notice

1. The Municipality shall notify the District in writing within five (5) working days of the occurrence of the following:
a. Bankruptcy, insolvency, receivership or similar event of the Municipality; or b. Actions taken pursuant to State law in anticipation of filing for bankruptcy.

2. The Municipality shall notify the District within ten (10) working days of any litigation pending or threatened against the Municipality regarding its continued existence, consideration of dissolution, or disincorporation.

3. The Municipality shall notify the District promptly of the following:
a. Any significant deviation from the submitted Annual Plan for the current Fiscal Y ear, including discussion of any major changes to the scope of funded projects or programs, noteworthy delays in implementation, reduction in benefits or community engagement, and/or modifications that change the SCW Program Goals intended to be accomplished.
b. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Municipality agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the District has determined what actions should be taken to protect and preserve the resource. The Municipality agrees to implement appropriate actions as directed by the District. c. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by District representatives with at least fourteen (14) days’ notice to the District.

B-25. Municipality’s Responsibility for Work
The Municipality shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Municipality shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project.

The District will not mediate disputes between the Municipality and any other entity concerning responsibility for performance of work.

B-26. Reporting
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The Municipality shall be subject to and comply with all applicable requirements of the District regarding reporting requirements. Municipalities shall report available data through the SCW Reporting Module, once available.

1. Annual Progress/Expenditure Reports. The Municipality shall submit Annual Progress/Expenditure Reports, using a format provided by the District, within six (6) months following the end of the Fiscal Y ear to the District to detail the activities of the prior year. The Annual Progress/Expenditure Reports shall be posted on the District’s publicly accessible website and on the Municipality’s website. The Annual Progress/Expenditure Report shall include:
a. Amount of funds received;
b. Breakdown of how the SCW Program Payment has been expended; c. Documentation that the SCW Program Payment was used for eligible expenditures in accordance with Chapters 16 and 18 of the Code;
d. Description of activities that have occurred, milestones achieved, and progress made to date, during the applicable reporting period including comparison to the Annual Plan and corresponding metrics; e. Discussion of any existing gaps between what was planned and what was achieved for the prior year, include any lessons learned;
f. Description of the Water Quality Benefits, Water Supply Benefits, and Community Investment Benefits and a summary of how SCW Program Payments have been used to achieve SCW Program Goals for the prior year, including graphical representation of available data and specific metrics to demonstrate the benefits being achieved through the years’ investments.
g. Discussion of alignment with other local, regional, and state efforts, resources, and plans, as applicable. This includes discussion of opportunities for addressing additional SCW Program Goals, leveraging SCW Program Goals, and increasing regional capacity to supplement the SCW Program. h. Additional financial or Project-related information in connection with activity funded in whole or in part using SCW Program Payments as required by the District.
i. Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), that projects implemented with SCW Program Payments were conducted in accordance with Chapters 16 and 18 of the Code.
j. Report on annual and total (since inception of program) benefits provided by programs and projects funded by SCW Program Payment. This includes comparisons to annual plans and alignment with corresponding specific quantitative targets and metrics (note that SCW Reporting Module will facilitate calculation of benefits and graphical representation of pertinent data):
i. Annual volume of stormwater captured and treated
ii. Annual volume of stormwater captured and reused
iii. Annual volume of stormwater captured and recharged to a managed aquifer iv. Annual creation, enhancement, or restoration of Community Investment Benefits. If none, discuss considerations explored and reasons to not include.
v. Annual acreage increases in Nature-Based Solutions and claimed level of NBS (with matrix demonstrating determination of good, better, best, as outlined in Exhibit C). If none, discuss considerations explored and reasons to not include.
vi. Annual expenditures providing DAC Benefits. If none, discuss considerations explored and reasons to not include.

2. Documentation of the Community Outreach and Engagement utilized for and/or achieved with the SCW Program Payment described in the Annual Plan Exhibit A. This information must be readily accessible to members of the public.

3. As Needed Information or Reports. The Municipality agrees to promptly provide such reports, data, and information as may be reasonably requested by the District including, but not limited to material necessary or appropriate for evaluation of the SCW Program or to fulfill any reporting requirements of the County, state or federal government.

B-27. Representations, Warranties, and Commitments
The Municipality represents, warrants, and commits as follows:

1. Authorization and Validity. The execution and delivery of this Agreement, including all incorporated documents, by the individual signing on behalf of Municipality, has been duly authorized by the governing body of Municipality, as applicable. This Agreement constitutes a valid and binding obligation of the Municipality, enforceable in accordance with its terms, except as such enforcement may be limited by law.

2. No Violations. The execution, delivery, and performance by the Municipality of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument to which the Municipality is a party or by which the Municipality is bound as of the date set forth on the first page hereof.

3. No Litigation. There are no pending or, to the Municipality’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which affect the Municipal Program
Agreement No.2024MP54

Municipality's ability to complete the Annual Plan.

4. Solvency. None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of the Municipality. As of the date set forth on the first page hereof, the Municipality is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Municipality is able to pay its debts as they become due.

5. Legal Status and Eligibility. The Municipality is duly organized and existing and in good standing under the laws of the State of California. The Municipality shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority.

6. Good Standing. The Municipality must demonstrate it has not failed to comply with previous County and/or District audit disallowances within the preceding five years.

B-28. Travel
Any reimbursement for necessary ground transportation and lodging shall be at rates not to exceed those set by the California Department of Human Resources; per diem costs will not be eligible expenses. These rates may be found at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel amounts that are current as of the date costs are incurred by the Municipality. No travel outside the Los Angeles County Flood Control District region shall be reimbursed unless prior written authorization is obtained from the Program Manager.

B-29. Unenforceable Provision
In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

B-30. Withholding of Disbursements and Material Violations Notwithstanding any other provision of this Agreement, the District may withhold all or any portion of the SCW Program Payment for any Fiscal Y ear in the event that:

1. The Municipality has violated any provision of this Agreement; or

2. The Municipality fails to maintain reasonable progress in achieving SCW Program Goals, following an opportunity to cure.

3. Failure to remain in Good Standing, described in Section B-26 of Exhibit B.

4. Failure to submit annual reports on meeting SCW Program Goals.

Municipal Program
Agreement No.2024MP54

EXHIBIT C – NATURE BASED SOLUTIONS (NBS) BEST MANAGEMENT PRACTICES Municipalities shall consider incorporation of Nature-based solutions (NBS) into their projects. NBS refers to the sustainable management and use of nature for undertaking socio-environmental challenges, including climate change, water security, water pollution, food security, human health, and disaster risk management. As this environmental management practice is increasingly incorporated into projects for the SCW Program, this guidance document may be expanded upon to further quantify NBS practices based on benefits derived from their incorporation on projects.

The SCW Program defines NBS as a Project that utilizes natural processes that slow, detain, infiltrate or filter Stormwater or Urban Runoff. These methods may include relying predominantly on soils and vegetation; increasing the permeability of Impermeable Areas; protecting undeveloped mountains and floodplains; creating and restoring riparian habitat and wetlands; creating rain gardens, bioswales, and parkway basins; enhancing soil through composting, mulching; and, planting trees and vegetation, with preference for native species. NBS may also be designed to provide additional benefits such as sequestering carbon, supporting biodiversity, providing shade, creating and enhancing parks and open space, and improving quality of life for surrounding communities. NBS include Projects that mimic natural processes, such as green streets, spreading grounds and planted areas with water storage capacity. NBS may capture stormwater to improve water quality, collect water for reuse or aquifer recharge, or to support vegetation growth utilizing natural processes.

Municipalities are to include in each Annual Progress/Expenditure Report whether and how their project achieves a good, better, or best for each of the 6 NBS methods in accordance with the guidance below. Additionally, Annual Progress/ Expenditure Reports should include discussion on any considerations taken to maximize the class within each method. If at least 3 methods score within a single class, the overall project can be characterized as that class.

Municipalities must attach a copy of the matrix for each project with the good, better, or best column indicated for each method, to facilitate District tracking of methods being utilized.

METHODS GOOD BETTER BEST
Vegetation/Green
Space
Use of climate
appropriate, eco-friendly
vegetation
(groundcover, shrubs, and
trees) / green space 5%-
15% covered by
new climate-appropriate
vegetation
Use of native, climate
appropriate, eco-friendly
vegetation
(groundcover, shrubs, and
trees) / green space 16%-
35% covered by new
native vegetation
Establishment of plant
communities with a
diversity of native
vegetation
(groundcover, shrubs, and
trees) / green space that is
both native and climate-
appropriate
More than 35% covered by
new native vegetation
Increase of
Permeability
Installation of vegetated
landscape – 25%-49%
paved area removed
Redesign of existing
impermeable surfaces
and/or installation of
permeable surfaces (e.g.
permeable pavement and
infiltration trenches)
Installation of vegetated
landscape – 50%-74%
paved area removed
Improvements of soil health
(e.g., compaction
reduction)
Installation of vegetated
landscape – 75%-100%
paved area removed
Creation of well-connected
and self-sustained natural
landscapes with healthy
soils, permeable surfaces,
and appropriate vegetation
Protection of
Undeveloped
Mountains &
Floodplains
●Preservation of native
vegetation
●Minimal negative impact
to existing drainage
system
●Preservation of native
vegetation
●Installation of new
feature(s) to improve
existing drainage system
●Creation of open green
space
●Installation of features to
improve natural hydrology
Municipal Program
Agreement No.2024MP54

Creation &
Restoration of
Riparian Habitat &
Wetlands
●Partial restoration of
existing riparian habitat
and wetlands Planting of
climate appropriate
vegetation between 11 and
20 different climate
appropriate or native plant
species newly planted
●No potable water used to
sustain the wetland
●Full restoration of existing
riparian habitat
and wetlands
●Planting of native
vegetation - between 21
and 40 different native
plant species newly
planted
●No potable water used to
sustain the wetland
●Full restoration and
expansion of existing
riparian habitat and
wetlands Planting of plant
communities with a
diversity of native
vegetation – between 41
and 50 different native
plant species newly
planted
●No potable water used to
sustain the wetland
New Landscape
Elements
Elements designed to
capture runoff for other
simple usage (e.g. rain
gardens and cisterns),
capturing the 85th
percentile 24-hour storm
event for at least 50% of
the entire parcel
Elements that design to
capture/redirect runoff and
filter pollution (e.g.
bioswales and parkway
basins), capturing the 85th
percentile 24-hour storm
event from the
entire parcel
Large sized elements that
capture and treat runoff to
supplement or replace
existing water systems
(e.g. wetlands, daylighting
streams, groundwater
infiltration, floodplain
reclamation), capturing the
90th percentile 24-hour
storm event from the entire
parcel and/or capturing off-
site runoff
Enhancement of Soil
Use of soil amendments
such as mulch and
compost to retain moisture
in the soil and prevent
erosion
Planting of new climate
appropriate vegetation to
enhance soil organic
matter
Use of soil amendments
such as mulch and
compost that are locally
generated to retain
moisture in the soil, prevent
erosion, and support locally
based composting and
other
soil enhancement
activities
Planting of new native,
climate-appropriate
vegetation to enhance soil
organic matter
Use of soil amendments
such as mulch and
compost that are locally
generated, especially use
of next-generation design
with regenerative
adsorbents (e.g.
woodchips, biochar) to
retain moisture in the soil,
prevent erosion, and
support on-site
composting and other
soil enhancement
activities
Planting of new native,
climate appropriate
vegetation to enhance soil
organic matter

Municipal Program
Agreement No.2024MP54

EXHIBIT D – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT Municipalities shall operate and maintain infrastructure projects for the useful life of the project and are to consider using the following guidance for operations and maintenance for infrastructure projects. Operational maintenance is the care and upkeep of Projects that may require detailed technical knowledge of the Project’s function and design. Project specific operational and maintenance plans shall consider the activities listed below and set forth specific activities and frequencies (not limited to those below) as determined to be appropriate by the Municipalities and best practices, including stakeholder engagement as applicable. Operational maintenance is to be performed by the operator of the Project with a purpose to make the operator aware of the state of readiness of the Project to deliver stormwater and urban runoff benefits.

1. Litter Control
• Regular removal of litter, nonhazardous waste materials, and accumulated debris near planted areas, rock areas, decomposed granite areas, rest areas, fence perimeters, adjoining access roads and driveways, drains, pedestrian trails, viewing stations, shelter houses, and bicycle pathways. • Regular inspection and maintenance of pet waste stations. • Maintaining trash receptacles.
• Removal of trash, debris, and blockages from bioswales. • Inspection and cleaning of trash booms.
• Inspection of weir gates and stop logs to clean debris, as required.

2. Vegetation Maintenance
• Weed control
o Recognition and removal of weeds, such as perennial weeds, morning glory, vine-type weeds, ragweed, and other underground spreading weeds.
o Avoiding activities that result in weed seed germination (e.g. frequent soil cultivation near trees or shrubs).
o Regular removal of weeds from landscape areas, including from berms, painted areas, rock areas, gravel areas, pavement cracks along access roads and driveways, drains, pedestrian trails, viewing stations, park shelters, and bicycle paths.
• Tree and shrubbery trimming and care
o Removal of dead trees and elimination of diseased/damaged growth. o Prevent encroachment of adjacent property and provide vertical clearance. o Inspect for dead or diseased plants regularly.
• Wetland vegetation and landscape maintenance
o Installation and maintenance of hydrophytic and emergent plants in perennially wet and seasonal, intermittent habitats.
o Draining and drawdown of wetland and excessive bulrush removal o Weed and nuisance plant control.
o Removal of aquatic vegetation (e.g. algae and primrose) using appropriate watercraft and harvesting equipment.
o Wildflower and meadow maintenance.
o Grass, sedge, and yarrow management.
o Removal of unwanted hydroseed.

3. Wildlife Management
• Exotic species control.
• Provide habitat management; promote growth of plants at appropriate densities and promote habitat structure for animal species.
• Protect sensitive animal species (e.g. protection during critical life stages including breeding and migration).
• Avoid disturbances to nesting birds.
• Avoid spread of invasive aquatic species.

4. Facility Inspection
• Inspect project sites for rodent and insect infestations on a regular basis. • Inspect for and report graffiti in shelter houses, viewing stations, benches, paving surfaces, walls, fences, and educational and directional signs.
• Inspect facilities for hazardous conditions on roads and trails (e.g. access roads and trails, decomposed granite pathways, and maintenance roads).

Municipal Program
Agreement No.2024MP54

• Inspect shade structures for structural damage or defacement. • Inspect hardscapes.
• Inspect and maintain interpretive and informational signs. • Inspect site furnishings (e.g. benches, hitching posts, bicycle racks). • Maintain deck areas (e.g. benches, signs, decking surfaces). • Visually inspect weirs and flap gates for damage; grease to prevent locking. • Inspect all structures after major storm events, periodically inspect every 3 months, and operate gates through full cycles to prevent them from locking up.

5. Irrigation System Management
• Ensuring automatic irrigation controllers are functioning properly and providing various plant species with proper amount of water.
o Cycle controller(s) through each station manually and automatically to determine if all facets are functioning properly.
o Inspection should be performed at least monthly.
o Recover, replace, or refasten displaced or damaged valve box covers. o Inspect and repair bubbler heads.
o Repair and replace broken drip lines or emitters causing a loss of water (to prevent ponding and erosion).
o Maintain drip system filters to prevent emitters from clogging. Inspection and cleaning should occur at least monthly.
o Inspect and clean mainline filters, wye strainers, basket filters, and filters at backflow devices twice a year.
o Maintain and check function of the drip system.
• Keeping irrigation control boxes clear of vegetation. • Operating irrigation system to ensure it does not cause excessively wet, waterlogged areas, and slope failure.
• Utilizing infrequent deep watering techniques to encourage deep rooting, drought tolerant plant characteristics to promote a self-sustaining, irrigation free landscape. • Determine watering schedules based on season, weather, variation in plant size, and plant varieties. At least four times a year (e.g. change of season), reschedule controller systems. • Turn off irrigation systems at the controller at the beginning of the rainy season, or when the soil has a high enough moisture content.
• Use moisture sensing devices to determine water penetration in soil.

6. Erosion Management and Control
• Inspect slopes for erosion during each maintenance activity. • Inspect basins for erosion.
• Take corrective measures as needed, including filling eroded surfaces, reinstalling or extending bank protection, and replanting exposed soil.

7. Ongoing Monitoring Activities
• Monitor controllable intake water flow and water elevation. • Examine inflow and outflow structures to ensure devices are functioning properly and are free of obstructions.
• Water quality sampling (quarterly, unless justified otherwise). • Checking telemetry equipment.
• Tracking and reporting inspection and maintenance records.

8. Vector and Nuisance Insect Control
• Monitoring for the presence of vector and nuisance insect species. • Adequate pretreatment of influent wastewater to lessen production of larval mosquitos. • Managing emergent vegetation.
• Using hydraulic control structures to rapidly dewater emergent marsh areas. • Managing flow velocities to reduce propagation of vectors.

Municipal Program
Agreement No.2024MP54

Staff Report
August 5, 2024
ATTACHMENT 2
Resolution

1 RESOLUTION NO.

A RESOLUTION AMENDING RESOLUTION NO. 2024-R48 TO ADD

STORMWATER PROJECTS TO THE CAPITAL IMPROVEMENT PLAN
(“CIP”) AND FINDING SUCH AMENDMENT CONFORMS WITH THE
GENERAL PLAN.

BE IT RESOLVED by the City Council of the City of Monterey Park as follows:

SECTION 1: The City Council finds and declares as follows:

A. Pursuant to Monterey Park Municipal Code (“MPMC”) § 2.56.020(B), the City Council is the Monterey Park Planning Agency for purposes of this Resolution.

B. The Storm Drain Master Plan, Catch Basin CPS Units, and Stormwater Infiltration Trenches/Demonstration Garden Projects (“Projects”) were not previously included within the Capital Improvement Plan (“CIP”) as approved by Resolution No. 2024- R48 on June 18, 2024.

C. This Resolution amends Resolution No. 2024-R48 to add the Projects to the CIP.

D. The City reviewed this Resolution’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”), the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et set., the “CEQA” Guidelines”), and the City’s Environmental Guidelines.

E. This Resolution is adopted based upon the entirety of the administrative record including, without limitation, the staff report submitted by the Director of Public Works.

SECTION 2: Findings. Pursuant to Government Code § 65401, the City Council finds that the CIP, as amended by adding Projects, is consistent with the Monterey Park General Plan. Among other things the CIP meets the following goals in the General Plan:

• Goal 2.0 of the Circulation Element: Provide a local street system that accommodates current and future traffic volumes;

• Goal 5.0 of the Circulation Element: Create and maintain a connected system of bicycle routes and pedestrian facilities that meets the need of City residents;

• Goal 6.0 of the Circulation Element: Ensure that all development projects provide well -designed parking facilities that are safe, convenient, and attractive;

• Goal 9 of the Safety Element: Protect public and private properties from

2 geologic hazards associated with steep slopes, unstable hillsides, and liquefaction-prone areas;

• Goal 20 of the Safety Element: Provide adequate sewer, water, and drainage systems to meet the needs of City residents and businesses; and

• Goal 4.0 of the Resources Element: Conserve and protect groundwater supply and water resources.

SECTION 3: Design Immunity; City Engineer . The City Council wishes to obtain the immunities set forth in Government Code § 830.6 regarding the plans and construction of the Project s. Accordingly, in addition to the other projects in the CIP, the City Council authorizes the City Engineer to exercise discretionary approval for plans or designs for the Projects in advance of the construction or improvement as set forth in Resolution No. 2024- R48.

SECTION 4: Environmental Assessment. The City reviewed the environmental impacts of the Project under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). CEQA Guidelines §§ 15060(c)(2), 15061(b)(3), and 15378 exempt activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, activities where there is possibility that it may have a significant effect on the environment, and activities that do not constitute a “project” as defined, respectively. This activity is primarily a legislative tool to assess legislative and budgetary priorities and does not approve any of the specific projects for constr uction, and therefore does not have the potential to have a significant effect on the environment.

Accordingly, no further review is required.

SECTION 5: Notice of Exemption. The Director of Public Works, or designee, is directed to file a Notice of Exemption in accordance with CEQA §§ 15062, and any other applicable law.

SECTION 6: Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts were made to form accurate assumptions.

Somewhat related to this are the limitations on the Ci ty's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.

SECTION 7: Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

SECTION 8: Construction. This Resolution must be broadly construed to achieve the

3 purposes stated in this Resolution. It is the City Council’s intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.

SECTION 9: Severability. If any part of this Resolution or its Application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.

SECTION 10: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 11: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or her duly appointed deputy, may attest thereto.

SECTION 12: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

PASSED AND ADOPTED this 5TH day of August, 2024.

Thomas Wong, Mayor
ATTEST:

Maychelle Yee, City Clerk
APPROVED AS TO FORM:

KARL H. BERGER, City Attorney
By: __________________________________
Solange Fortenbach, Deputy City Attorney

City Council Staff Report
DATE: August 5, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Monterey Pass Road Overlay – Reject All Submitted Bids RECOMMENDATION:

It is recommended that the City Council consider:

1. Rejecting all bids for Capital Improvement Project (CIP) No. 9 6046 – Monterey Pass Road Overlay; and

2. Taking such additional, related action that may be desirable.

EXECUTIVE SUMMARY
Per Resolution No. 2023-R52, the Public Works Director solicited bids for CIP 960 46 – Monterey Pass Road Overlay project . The bid opening was held on July 10, 2024. The City received four bids from California contractors. Staff recommends rejection of all bids due to lack of responsible bidders and cost proposal exceeding the City’s budget for this project.

BACKGROUND
On June 5, 2024, staff advertised the bid for CIP 96046 – Monterey Pass Overlay project.

The bid opening was held on July 10, 2024, by the City Clerk’s Office and Public Works staff and four bids were received from California contractors. The proposed scope of work includes the application of Asphalt Rubber Hot Mix and AC Overlay along Monterey Pass Road between Vagabond Drive and Floral Drive.

RANK BIDDER BASE BID
AMOUNT
1 All American Asphalt $1,174,082.17
2 Onyx Paving $1,196,735.13
3 Hardy & Harper $1,280,964.77
4 Toro Enterprises $1,396,473.98
The apparent lowest bidder, All American Asphalt, submitted a bid for $1,174,082.17 . All American Asphalt’s
proposal exceeds the City’s $1 ,064,000 budget for this project and was missing
required federal forms making them non-responsive. The second lowest bidder, Onyx Paving, was also deemed non-responsive for failure to provide active Sams.gov registration which is required to bid on any federal project. The third lowest bidder, Hardy & Harper, exceeds the project’s budget by $220,000 and Toro Enterprises exceeds our budget by
over $300,000. Therefore, staff recommends that
Consent Calendar - 3E

Staff Report
August 5, 2024

the City Council reject all bids. Staff will be re-advertising the project and contacting all contractors to make it a more competitive project. The rejection of bids will postpone project start date for approximately 2 months. This action will not impact any deadlines. 2024-25 STRATEGIC PLAN GOAL:

This project meets the City’s goal to maintain, build and modernize infrastructure and facilities to
support the current and future needs of our city and community as it continues the resurfacing of a major city roadway. Additionally, re-advertisement of the project supports the City’s goal to maintain fiscal stability of the city’s financial resources by seeking competitive bids that meet the project’s budget.

FISCAL IMPACT
There is no fiscal impact associated with the rejectio
n of all submitted bids.

Respectfully submitted by:

Shawn Igoe
Director of Public Works
Approved by: Reviewed by:

Inez Alvarez
City Manager
Justin A. Tamayo
Deputy City Attorney

ATTACHMENT
None

City Council Staff Report
DATE: August 5, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Memorandum of Agreement for Regional Food Recovery Program RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorizing the City Manager to execute a Memorandum of Agreement with the San Gabriel Valley Council of Governments, in a form approved by the City Attorney, for the City’s participation in the San Gabriel Valley Regional Food Recovery Program for an amount of $148,146.95;

2. Appropriating an additional $31,527.95 from SB1383 Grant Funds (Fund 282) to the Fiscal Year 2024-25 budget for participation in the Regional Food Recovery Program; and

3. Taking such additional, related, action that may be desirable.

EXECUTIVE SUMMARY:

Since 2021, the City has participated in the San Gabriel Valley Regional Food Recovery Program, known as FRESH SGV, for compliance with Senate Bill 1383 (SB1383). As a participating agency, the City receives support for required inspections and enforcements of edible food generators and food recovery organizations, public outreach and engagement for businesses subject to SB1383 requirements, and access to food recovery hub resources. To continue participating in the program, it is recommended that City Council authorize the City Manager to execute a Memorandum of Agreement with the San Gabriel Valley Council of Governments (SGVCOG), in the amount of $148,146.95 for food recovery program activities. The City was recently awarded SB1383 grant funds from CalRecycle that will be used for participation in the program.

BACKGROUND:

In September 2016, the passage of SB1383 established statewide targets to reduce the disposal of organic waste from landfills and increase recovery of currently disposed edible food for human consumption. To recover 20 percent of edible food that would otherwise be sent to landfills by 2025, SB 1383 requires local jurisdictions to establish food recovery programs and strengthen their existing food recovery networks.

Consent Calendar - 3F

Staff Report

August 5, 2024
Since 2021, the City has been working with the SGVCOG to provide a regional approach for SB 1383 compliance. The Regional Food Recovery Program, known as FRESH SGV, was established to help member agencies comply with SB 1383's food recovery mandates and reduce food waste in the San Gabriel Valley. The program helps identify commercial edible food waste generators in participating cities, develops partnerships with local food recovery organizations, implements outreach and education efforts, and develops and implements inspection protocols. Last year, the SGVCOG issued grant awards to God’s Pantry located in Pomona, Heart of Compassion located in Montebello, and Foothill Unity Center located in Monrovia to develop regional “food hubs” which help recover and redistribute excess edible food to people experiencing food insecurity. While all recovery hubs can support Monterey Park businesses, Heart of Compassion serves as the dedicated food recovery center for the City. To continue participating in FRESH SGV, the City needs to enter into a new MOA with SGVCOG. The proposed MOA begins on July 31, 2024, and shall continue through the completion of all work for a total cost of $148,146.95.
2024-25 STRATEGIC PLAN GOAL:

The proposed MOA meets the City’s goal to enhance access to resources for mental health, social services, and unhoused needs. Participation in the Regional Food Recovery Program provides businesses resources to recover the maximum amount of edible food to donate to food recovery organizations. In turn, food recovery organizations serve the community by providing food resources to those in need.

FISCAL IMPACT:

The City received $161,611 in grant funds from CalRecycle for compliance with SB1383 regulations. The City’s Fiscal Year 2024 -25 included a $116,619 budget for the Food Recovery Program. An additional appropriation of $31,527.95 from SB1383 grant funds (Fund 282) is required for the execution of the MOA and continued participation in the Regional Food Recovery Program.

Respectfully submitted by: Prepared by:

Shawn Igoe
Director of Public Works
Xochitl Tipan
Administrative Manager
Reviewed by:

Martha Garcia
Director of Finance

Staff Report

August 5, 2024
Approved by: Reviewed by:

Inez Alvarez
City Manager
Solange Fortenbach
Deputy City Attorney
ATTACHMENT:

1. Memorandum of Understanding

Staff Report
August 5, 2024
ATT
ACHMENT 1
Memorandum of Understanding

1596561.1

MEMORANDUM OF AGREEMENT

BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF

GOVERNMENTS AND THE CITY OF MONTEREY PARK FOR

PARTICIPATION IN THE SAN GABRIEL VALLEY REGIONAL FOOD

RECOVERY PROGRAM
This Memorandum of Agreement (“MOA”) is dated for identification purposes as of ________, 2024 by and between the City of Monterey Park, a municipal corporation (“City”), and the San Gabriel Valley Council of Governments, a California joint powers authority (“SGVCOG”). City and SGVCOG may be referred to herein collectively as the “Parties” or individually as a “Party.” RECITALS:

A. The passage of SB 1383 (Lara, 2016) implemented statewide targets to reduce statewide disposal of organic waste and increase recovery of currently disposed edible food for human consumption. Specifically, SB 1383 aims to recover at least 20% of currently disposed edible food for human consumption by 2025. The California Department of Resources Recycling and Recovery (CalRecycle) has developed regulations entitled “Short-lived Climate Pollutants: Organic Waste Reductions” (hereafter “SLCP Regulations”), which regulations are codified at Chapter 12 of Division 7 of Title 14 of the California Code of Regulations, sections 18981.1 et seq.1 B. To recover 20% of edible food that would otherwise be sent to landfills by 2025, SB 1383 requires local jurisdictions to establish food recovery programs and strengthen their existing food recovery networks.

C. The SGVCOG was established to have a unified voice to maximize resources and advocate for regional and member interests to improve the quality of life in the San Gabriel Valley . SGVCOG was created by the member cities and other local governmental agencies and has established a Regional Food Recovery Program (the “Program”) which is still being administered.

D. City and the SGVCOG previously entered into a Memorandum of Agreement (“Original MOA”) to provide Program services , wherein the SGVCOG coordinated such services and was reimbursed by the City. The City received OWR 4 CalRecycle 1383 Local Assistance Grant for Program services . The City has expressed its desire to continue to receive such Program services, which will be administered by the SGVCOG.

E. City and SGVCOG desire to set forth the terms of their ongoing collaboration with respect to this effort in this MOA and further agree as follows:

I. RECITALS
The above Recitals are made a substantive part of this MOA. 1 All Section references herein are to Title 14 of the California Code of Regulations unless otherwise stated.

1596561.1
II. TERM:

The term of this MOA shall commence on July 31, 2024 , and shall continue through the completion of all work completed under this MOA. The term of this MOA may be extended by mutual written MOA of the Parties.

III. RESPONSIBILITIES OF THE PARTIES:

A. SGVCOG Responsibilities:

1. Undertake procurement and management of consultant(s) to complete the Program set forth in the Program’s Scope of Work (Attachment A), including the execution of a contract with the consultant for the development of the Program.

2. Manage all invoicing and payments to be made to consultant.

3. Review draft deliverables prepared by the consultant for accuracy.

4. Coordinate with the consultant to ensure consultant’s participation in calls and meetings.

5. Manage ongoing coordination of calls with the Parties and the consultant throughout the development of the Program.

6. Review and provide comments on draft communications and documents related to the Program.

7. Provide support to the selected regional food recovery hub(s) as described further in the Scope of Work

8. Submit one invoice to the City , in a total amount that does not exceed $148,146.95. The invoice includes both consultant fee and SGVCOG project management fee. Any unexpended funds held by SGVCOG at the termination of this MOA will be rolled -over to cover expenses in any subsequent MOA.

City may request in writing a refund or credit of any unexpended funds by the SGVCOG, in accordance with the budget in Attachment B.

B. City Responsibilities:

1. Designate a point -of-contact with name, title, and contact information who will serve as the City’s technical representative throughout the development of the Program. If the point-of-contact is reassigned or no longer with the City, a new point-of-contact will be designated within fourteen (14) calendar days.

2. Actively engage in the development of the Program including, but not limited to, promptly responding to all correspondence (phone calls and e -mail communications), responding to data requests, and attending any necessary meetings.

3. Review and provide comments to consultant on deliverables as necessary.

4. Participate in check-in calls and/or meetings with the consultant and with all Parties, as necessary.

5. Approve within five (5) business days any deliverables that can be approved by staff or ten (10) business days any items that need to be approved by city

1596561.1
attorney or city manager.

6. Pay invoices referenced in III.A.8 above within thirty (30) days of receipt.

III. AMENDMENTS:

A. For any change which materially affects the project scope of work, or in any way modifies any term or condition included under this MOA, an amendment to the MOA shall be prepared and executed by the City and by the SGVCOG for such change to be effective.

B. Minor changes to the project scope of work or budget may be approved by the SGVCOG’s Project Manager, who shall in writing and , in his or her reasonable discretion, determine whether the change is minor. Any increase that exceeds the amount of this MOA shall require an amendment.

IV. PROJECT MANAGEMENT:

A. Project Managers.

1. For the purposes of this MOA, SGVCOG designates the following individual as its Project Manager: Mackenzie Bolger, Principal Management Analyst , whose contact information is set forth below.

2. For the purposes of this MOA, the City designates the following individual as its representative: Xochitl Tipan, whose contact information is set forth below.

Either Party may change the designations set forth herein upon written notice to the other Party.

V. DEFAULT; REMEDIES:

A. Default. A “Default” under this MO A is defined as any one or more of the following: (i) failure of either Party to comply with the terms and conditions contained in this MO A; and/or (ii) failure of either Party to perform its obligations set forth herein satisfactorily or make sufficient progress towards completion of the Regional Food Recovery Program.

B. Remedies. In the event of a Default by either Party, the non-defaulting Party will provide a written notice of such Default and thirty (30) days to cure the Default.

In the event that the defaulting Party fails to cure the Default, or commits to cure the Default and commence s the same within such 30 -day period and to the satisfaction of the non-defaulting Party, the non-defaulting Party may terminate this MOA. Such termination shall be effective immediately upon the provision of written notice by the non -defaulting Party to the defaulting Party . The remedies described herein are non-exclusive. In the event of a Default by either Party, the non-defaulting Party shall have the right to seek any and all remedies available at law or in equity.

1596561.1
V. INDEMNIFICATION:

A. City agrees to defend, indemnify, and hold free and harmless the SGVCOG, its member agencies, and their respective elected and appointed boards, officials, officers, agents, employees, and volunteers, at City’s sole expense, from and against any and all claims, actions, suits, or other legal proceedings brought against the SGVCOG, its member agencies, and their respective elected and appointed boards, officials, officers, agents, employees, and volunteers aris ing out of or relating to the acts or omissions of City in connection with this MOA.

B. SGVCOG agrees to defend, indemnify, and hold free and harmless the City, its employees, and volunteers, at SGVCOG’s sole expense, from and against any and all claims, actions, suits, or other legal proceedings brought against the City, its employees, and volunteers arising out of or relating to the acts or omissions of SGVCOG in connection with this MOA.

VII. INSURANCE:

A. City and SGVCOG shall maintain and keep in full force and effect during the term of this MOA insurance or a program of self -insurance against claims for injuries to persons or damages to property which may arise in connection with City’s or SGVCOG’s performance of its obligations hereunder.

VIII. OTHER TERMS AND CONDITIONS:

A. Notices. All notices required herein shall be sent by email, except for a notice of termination, default, or failure to cure, which shall be sent by certified mail, postage pre-paid, return receipt requested. Either Party may change its Project Manager or contact upon written notice to the other Party and shall promptly update the other Party in writing of any such changes.

To SGVCOG: Mackenzie Bolger
Principal Management Analyst
1333 S. Mayflower Ave., Suite 360
Monrovia, CA 91016
(626) 457-1800
[email protected]
with a copy to: Marisa Creter
Executive Director
1333 S. Mayflower Ave., Suite 360
Monrovia, CA 91016
(626) 457-1800
[email protected]
To City: Xochitl Tipan
Administrative Manager

1596561.1
320 W. Newmark Ave
Monterey Park, CA 91754
(626) 307-1383
[email protected]

with a copy to: Inez Alvarez
City Manager
320 W. Newmark Ave
Monterey Park, CA 91754
(626) 307-1497
[email protected]

B. No Partnership. This MOA is not intended to be, and shall not be construed as, an agreement to form a partnership, agency relationship, or a joint venture between the Parties. Except as otherwise specifically provided in the MOA, neither Party shall be authorized to act as an agent of or otherwise to represent the other Party.

C. Entire MOA. This MOA constitutes the entire understanding between the Parties with respect to the subject matter herein and supersedes any and all other prior writings and oral negotiations. This MOA may be modified only in writing and signed by the Parties in interest at the time of such modification.

D. Governing Law. This MOA shall be governed by and construed under California law and any applicable federal law without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this MOA, the Parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.

E. Excusable Delays . Neither Party shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, floods, earthquakes, fires, acts of a public enemy, pandemic, epidemic, and government acts beyond the control and without fault or negligence of the affected Party. Each Party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this MOA.

F. Waiver. Waiver by any Party to this MOA of any term, condition, or covenant of this MOA shall not constitute a waiver of any other term, condition, or covenant. No waiver of any provision of this MOA shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought.

1596561.1
G. Headings. The section headings contained in this MOA are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate.

H. Assignment. Neither Party may assign its interest in this MOA, or any part thereof, without the prior written consent of the other Party. Any assignment without consent shall be void and unenforceable.

I. Severability. If any provision of this MOA is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

J. Authority to Execute . The person executing this MOA on behalf of a Party warrant that they are duly authorized to execute this MOA on behalf of said Party, and that by doing so said Party is formally bound to the provisions of this MOA.

K. Counterparts. This MOA may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.

L. Electronic Signatures. This MOA may be executed with electronic signatures in accordance with Government Code Section 16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature. [Signature page to follow.]

1596561.1
IN WITNESS WHEREOF, the Parties hereto have caused this MOA to be executed and to be effective on the date it has been fully executed by the Parties as set forth below.

FOR THE CITY OF MONTEREY PARK:

By:___________________________
Inez Alvarez
City Manager
Date:__________________________
ATTEST:
______________________________
Maychelle Yee
City Clerk
APPROVED AS TO FORM:
_______________________________
Solange Fortenbach
Deputy City Attorney

FOR THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS:

By: ____________________________
Marisa Creter
Executive Director
Date:___________________________
APPROVED AS TO FORM:
________________________________
David DeBerry
General Counsel

ATTACHMENT A - SCOPE OF WORK

The SGVCOG Regional Food Recovery Program services under this agreement include the following:

Program Management
SGVCOG will organize meetings with the City and SGVCOG representatives to discuss the project deliverables and receive feedback on the project progress. The SGVCOG will also the following program management duties:
• Oversee consultant work,
• Track program budget for City, and
• Monitor, amend, and enforce contracts
Inspections and Enforcement
• Identification of food recovery organizations (FROs) and Tier 1 and Tier 2 edible food generators (EFGs) within the City
• Annual inspections of Tier 1 and 2 EFGs and FROs in the City, with reports of inspection outcomes
• Assessment of total amount of edible food generated by Tier 1 and 2 EFGs and available capacity of FROs to accept edible food
Public Outreach and Engagement
• Regional workshops to educate grocery stores, restaurants, and food recovery organizations on regulations and to share best practices and resources • Development of outreach materials, such as SB 1383 fliers • One-on-one engagement with Tier 1 and Tier 2 EFGs and FROs to provide education and guidance on 1383 compliance
Food Recovery Hub Development/FRO Support
• Coordination with and support of food recovery hubs to expand the region’s capacity to recover food and address food insecurity
• Support to smaller food recovery organizations to allow more local groups to sustain operations and comply with SB 1383

ATTACHMENT B - BUDGET AND INVOICING

The budget to complete the Tasks is shown in Table 1.

Table 1. Budget

Category Total Funds
Program Management 24,030.95
Inspection and Enforcement 76,086.00
Food Recovery Hub Development $48,030.00
Total Budget 148,146.95

City Council Staff Report
DATE: August 5, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Emergency Repair of Water Main on Brightwood Street – Adopt a Resolution authorizing the City Manager to execute a Public Works contract with W.A. Rasic without the need for competitive bidding to complete emergency water main repairs
RECOMMENDATION:

It is recommended that the City Council consider:

1. Adopting a Resolution authorizing the City Manager to execute a Public Works contract with W.A. Rasic Construction Company, Inc., in the amount of $115,000, without the need for competitive bidding to complete emergency repairs of the water main on Brightwood Street;

2. Appropriating $115,000 to the FY 2024-2025 Budget from the Water Operation Fund for the cost of the repair work; and

3. Taking such additional, related action that may be desirable.

CEQA (California Environmental Quality Act):

Since the proposed work is a minor alteration to an existing public facility, this project is Class 1 Categorically Exempt pursuant to the California Environmental Quality Act (CEQA).

EXECUTIVE SUMMARY
On June 12, 2024, Public Works staff identified a water main leak on the 1100 block of Brightwood Street. Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Public Works contract with W.A. Rasic Construction Company, Inc. for water main line repair work, at Brightwood Street, without the need for competitive bidding. The contract would be for an amount not to exceed $115,000.

BACKGROUND
On June 12, 2024, Public Works staff successfully shut down the water valve at 1100 block of Brightwood Street and identified the extent of a water main leak on the existing 14-inch transmission main, affecting several fire hydrants and fire lines within the area .

Due to the complexity of the necessary repairs, it requires extended shutdown of the water main during the work. The area affected by t he shutdown includes nineteen fire hydrants, seven fire lines and over 250 residences and many commercial properties. The nineteen hydrants that will be out of service during repairs and the circumstance of failed valves put the neighborhood at potential risk. Additionally, the water leak that was initially New Business - 5A

Staff Report

August 5, 2024

minor is now a more significant leak. Due to the extent of the impacts to the area, it is essential to expedite the necessary repairs to the water mainline.

City staff contacted W.A. Rasic Construction Company, Inc. to inspect the site and provide a quote for the repair cost. W.A. Rasic was selected because it has an existing agreement with the City (Agreement No. 2382 -A, dated August 7, 2023) for water infrastructure maintenance.

W.A. Rasic's scope of work includes temporary traffic control, saw cut and removal of existing asphalt, digging and exposing pipe, making repairs with a 16 -inch butt-strap or repair clamp, backfill with sand and base, compaction test, and restoration. W.A. Rasic will also remove and replace two butterfly valves that are damaged and no longer operable. The replacement will be with steel fittings and replacing inoperable valves will significantly reduce the loss of fire protection for an extended period . The total cost for the main line repair and valve replacement is $115,000.

The City must comply with this project's competitive bidding requirements of the California Public Contracts code. However, due to the immediate need to respond to the water leak and impacts of water valve shutdown during the work , competitive bidding for these repairs would have been ineffective and impractical for the protection of public health and safety. W.A. Rasic is already vetted by City staff and under contract for water infrastructure maintenance and will perform the work within the competitive un it prices listed in the existing maintenance agreement.

Staff requests the City Council adopt a resolution authorizing the City Manager to execute the public works contract with W.A. Rasic Construction Company, Inc. without the need for competitive bidding for the emergency water main repair at Brightwood Stree t.

Additionally, the staff requests the appropriation of $ 115,000 for costs associated with this repair.

2024-25 STRATEGIC PLAN GOAL:

The proposed Resolution supports the City’s strategic goal to maintain, build and modernize infrastructure and facilities to support the current and future needs of the City and community. Repairs of the water main line are required for public health and safety.

FISCAL IMPACT
Staff recommends the appropriation of $ 115,000 to the FY 2024-2025 Budget from the water operations fund to cover the costs associated with executing this public works contract.

Staff Report

August 5, 2024
Respectfully submitted and prepared by: Reviewed by:

Shawn Igoe
Director of Public Works
Martha Garcia
Director of Finance
Approved by: Reviewed by:

Inez Alvarez
City Manager
Justin A. Tamayo
Deputy City Attorney

ATTACHMENT

1. Resolution

2. Declaration of Emergency

Staff Report
August 5, 2024
ATTACHMENT 1
Resolution

RESOLUTION NO. XXX

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
STANDARD PUBLIC WORKS AGREEMENT WITH W.A. RASIC
CONSTRUCTION COMPANY, INC. WITHOUT THE NEED FOR

COMPETITIVE BIDDING FOR THE EMERGENCY REPAIR OF THE

WATER MAIN AT BRIGHTWOOD STREET
The City Council does resolve as follows:

SECTION 1: The City Council finds and declares as follows:

A. On June 12, 2024, the City identified a water main break on the existing 14-inch transmission main at the 1100 block of Brightwood Street;
B. To respond to the needs for the Project, the Public Works Department contacted W.A Rasic Construction Company, Inc. (“Rasic”) to provide a quote for immediate repair of the Brightwood Street Water Main Repair (the “Project”). Rasic was selected because it has an existing agreement with the City (Agreement No. 2382-A, dated August 7, 2023) for water infrastructure maintenance;
C. Ordinarily, the City would need to comply with the competitive bidding requirements set forth in the California Public Contracts Code for this type of project;
D. The purpose of such bidding requirements is to guard against favoritism, improvidence, extravagance, fraud and corruption, to prevent waste of public funds, and to obtain the best economic result for the public;
E. The facts and circumstances of this Project, however, demonstrate that competitive bids would be unavailing or would not produce an advantage, and the advertisement for competitive bid would thus be undesirable and impractical for the following reasons:

1. The Project constituted an emergency at the time that Public Works personnel contacted W.A. Rasic and requires an
immediate response to protect public health and safety;

2. Rasic is already vetted by the City, is under contract for purposes of water infrastructure maintenance, and includes competitive unit prices as part of the existing maintenance agreement; and

3. The Contractor is registered with the Department of Industrial Relations (“DIR”); has the required insurance and bonding; is

properly licensed; and is prepared to execute the City’s standard agreement for public works projects
F. In waiving the competitive bid requirements otherwise required by the Public Contract Code, the City Council takes note of the analysis and decisions set forth in Graydon v. Pasadena Redevelopment Agency (1980) Cal.App.3d 631; Hodgeman v. City of San Diego (1942) 53 Cal.

App.2nd 610; Orange County Water Dist. v. Bennett (1958) 156 Cal.

App.2nd 745; and Los Angeles G&E Corp. v. City of Los Angeles (1922) 188 Cal. 307.

SECTION 2: Environmental Assessment. The Project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). The Project results in minor alterations to existing public facilities involving no significant expansion of the existing use. The project is not anticipated to have any significant impacts with regard to traffic, noise, air quality, or water quality. There are adequate utilities and public services to serve the project.

SECTION 3: Declaration of Emergency. Based upon the entirety of the administrative record, the City Council finds that as of June 12, 2024, the water main leak on the 100 block of Brightwood Street (the “Emergency”) constitutes an imminent threat to public health and safety that requires immediate action. Accordingly, the City Council authorizes the City Manager to take all steps necessary to protect public health, safety and welfare including, without limitation, awarding contracts in accordance with PCC § 22050 and MPMC Chapter 2.52.

SECTION 4: Actions; Authorizations. The City Council takes the following actions:

A. The City Manager is authorized to execute a standard public works agreement with W.A. Rasic for completion of the Project in a form approved by the City Attorney without the need for additional bidding; and
B. The City Manager, or designee, is authorized to execute change orders – in accordance with the terms of the public works agreement – as necessary to complete the Project.

SECTION 5: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 6: If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.

SECTION 7: This Resolution will become effective immediately upon adoption.

PASSED, APPROVED, AND ADOPTED this 5th day of August, 2024. ____________________________________
Thomas Wong, Mayor
ATTEST:
______________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:

Karl H. Berger, City Attorney
______________________________
Justin A. Tamayo, Deputy City Attorney

Staff Report
August 5, 2024
ATTACHMENT 2
Declaration of Emergency

DECLARATION OF EMERGENCY
The City Manager finds:

Pursuant to Monterey Park Municipal Code § 2.52.060(a)(1), a local emergency is proclaimed to exist within the City of Monterey Park beginning on July 31, 2024.

On June 12, 2024, Public Works staff identified a water main leak on the 1100 block of Brightwood Street. The water main leak affected several fire hydrants and fire lines within the area. Due to the complexity of the necessary repairs, it requires extended shutdown of the water main during the work. The area affected by t he shutdown includes nineteen fire hydrants, seven fire lines and over 250 residences and many commercial properties. The nineteen hydrants that will be out of service during repairs and t he circumstance of failed valves put the neighborhood at potential risk. Additionally, the water leak that was initially minor is now a more significant leak. Due to the extent of the impacts to the area, it is essential to expedite the necessary repairs to the water mainline.

The foregoing conditions constitute the existence of conditions presenting a real and present concern of extreme peril to the safety of persons and property within the City of Monterey Park, which conditions are likely to be beyond the control of the services, personnel, equipment and facilities of the City. I am authorizing the execution of the public works contract with W.A. Rasic Construction Company, Inc. without the need for competitive bidding for the emergency water main repair at Brightwood Street.

Inez Alvarez, City Manager
August 1, 2024 at 11:38 a.m.

Date/Time

CITY OF MONTEREY PARK
City Manager’s Office