ALL CELL PHONES AND ELECTRONIC DEVICES MUST BE
TURNED OFF IN THE COUNCIL CHAMBERS
AGENDA
REEDLEY CITY COUNCIL MEETING
7:00 P.M.
TUESDAY, JUNE 27, 2023
Meeting Held in the Council Chambers
845 "G" Street, Reedley, California
www .reedley.ca.gov
The Council Chambers are accessible to the physically disabled. Requests for additional accommodations for the disabled, including auxiliary aids or to request translation services, should be made 48 hours prior to the meeting by contacting the City Clerk at 637-4200 ext. 212.
Any document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such documents may be posted on the City's website.
Unless otherwise required by law to be accepted by the City at or prior to a Council meeting or hearing. no documents shall be accepted for Council review unless they are first submitted to the City Clerk by the close of business one day prior to said Council meeting/hearing at whjch the Council will consider the item to which the documents relate, pursuant to the adopted City Council Protocols.
The meeting will be webcast and accessed at: http://www.reedley.com/livestream.php *PLEASE SEE LAST PAGE OF AGENDA FOR ZOOM PARTICIPATION INSTRUCTIONS* Matthew Tuttle, Mayor Pro Tern
Mary Fast, Council Member
MEETING CALLED TO ORDER
INVOCATION- Russ Robertson
PLEDGE OF ALLEGIANCE
ROLL CALL
Anita Betancourt, Mayor
Suzanne Byers, Council Member
Scott Friesen, Council Member
AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
PRESENTATION
1. JULY IS PARKS & RECREATION MONTH PROCLAMATION - Community Services PUBLIC COMMENT - Provides an opportunity for members of the public to address the City Council on items of interest to the public within the Council's jurisdiction and which are not already on the agenda this evening. It is the policy of the Council not to answer questions impromptu. Concerns or complaints will be referred to the City Manager's office. Speakers should limit their comments to not more than three (3) minutes. No more than ten (10) minutes per issue will be allowed. For items which are on the agenda this evening, members of the public will be provided an opportunity to address the Council as each item is brought up for discussion.
NOTICE TO PUBLIC
CONSENT AGENDA items are considered routine and a recommended action for each item is included, and will be voted upon as one item. If a Councilmember has questions, requests additional information, or wishes to comment on an item, the vote should not be taken until after questions have been addressed or comments made, and the public has had an opportunity to comment on the Consent Agenda items. If a Councilmember wishes to have an item considered individually or change the recommended action, then the item should be removed and acted upon as a separate item. A Councilmember's vote in favor of the Consent Agenda is considered and recorded as a separate affirmative vote in favor of each action listed. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.
CONSENT AGENDA (Item 2-5)
2. APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 13, 2023 - (City Clerk)
Staff Recommendation: Approve
3. ADOPT RESOLUTION NO. 2023-038, OPPOSING INITIATIVE NO. 21-0042A1 THE
TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT-
(Administration)
Staff Recommendation: Approve
4. ADOPT RESOLUTION 2023-043 DECLARING LISTED VEHICLES AND EQUIPMENT AS SURPLUS-(Public Works)
Staff Recommendation: Approve
5. ADOPT RESOLUTION NO. 2023-045 APPROVING THE FINAL MAP FOR TENTATIVE PARCEL MAP NO. 2021-03 AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
SUBDIVISION IMPROVEMENT AGREEMENT BY AND BETWEEN THE CITY OF
REEDLEY AND THE UNITED HEAL TH CENTERS OF THE SAN JOAQUIN VALLEY - (Community Services)
Staff Recommendation: Approve
ADMINISTRATIVE BUSINESS
6. APPROVE AND AUTHORIZE CITY MANAGER TO EXECUTE ALL DOCUMENTS
PERTAINING TO A SOLE SOURCE PURCHASE AND INSTALLATION OF POLICE &
FIRE PUBLIC SAFETY RADIO COMMUNICATIONS SYSTEM UP TO A TOTAL COST OF 2 $1,262,575 WITH APPROPRIATIONS PREVIOUSLY APPROVED-(Administrative Services) Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate.
Staff Recommendation: Approve
7. ADOPT RESOLUTION NO. 2023-044 ACCEPTING AND APPROVING THE REEDLEY
DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA FUND STATUS AND PROPOSED ASSESSMENT INCREASE REPORT DATED JUNE 2023, AND SETTING
THE PUBLIC HEARING DATE TO CONSIDER THE PROPOSED ASSESSMENT FEE CHANGES-(Public Works) Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate.
Staff Recommendation: Approve
COUNCIL REPORTS
8. BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.
STAFF REPORTS
9. UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS.
ADJOURNMENT
I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing revised agenda was posted in accordance with the applicable legal requirements. Dated this 22th day of June 2023.
Zoom Participation:
The City Council is encouraging members of the public to observe and participate in the Council meeting virtually, to maximize the safety of all meeting participants. Reasonable efforts will be made to allow written and verbal comments from participants communicating with the host of the virtual meeting. To do so, participants may "raise their hand" during public comment portions of the meeting using the electronic feature on the zoom program, and the City Clerk will inform the Mayor of the participant's desire to provide public comment. Due to the new, untested format of these meetings, the City cannot guarantee that participants who wish to provide public comment will occur as expected.
The "chat" feature on Zoom will not be monitored or used during the meeting. Members of the public who wish to provide written comments are encouraged to submit their comments to the City Clerk at [email protected] by the close of business one day prior to the start of the meeting to ensure that the comments will be available to the City Council. Please indicate the agenda item number to which the comment pertains. Written comments that do not specify a particular agenda item will be marked for the general public comment portion of the meeting. A copy of any written comment will be provided to the City Council at the meeting. Please note that written comments received will not be read aloud during the meeting, but will be included with the meeting minutes.
Dates to Remember:
July 11, 2023 -Dark
July 25, 2023-Regular Council Meeting
3 JULY IS PARKS & RECREATION MONTH
WHEREAS, the Parks and Recreation profession in California "Creates Community through People, Parks and Programs"; and
WHEREAS, our parks help to preserve and protect the natural and cultural resources of California; and
WHEREAS, Parks and Recreation services support more produc;tive workforces, enhance the desirability of locations for business and families, and stimulate tourism revenues to increase a total community development model; and WHEREAS, Parks and Recreation strengthens community image and sense of place, and increases cultural unity; and
WHEREAS, Parks and Recreation promotes health and wellness and reduces health care costs; and
WHEREAS, Parks and Recreation fosters human development, helping young people develop and grow into healthy adults, and helping adults continue to live longer; and WHEREAS, Parks and Recreation facilitates community problem solving; and WHEREAS, Parks and Recreation strengthens safety and security and reduces juvenile crime; and
WHEREAS, hundreds of California children, adults and seniors' benefit from the wide range of services, facilities and programs provided by the City of Reedley Community Services Department;
NOW, THERE1 ORE be it resolved 'tbat ity Council fthe City of Reedley nrg aJJ residents tu enjoy and recognize the social. physical; mental. econ mic, environmental and community benefits derived from our community ,center, public parks, c mnnmity swim.ming programs and all services and programs offered through Community Services Departmenti whicl1 pr vide something of value to everyone, and recognize J uJ y as "Parks and Recreation Month".
DATED: June 27, 2023
Anita Betancourt
Mayor of the City of Reedley
REEDLEY CITY COUNCIL MEETING -June 13, 2023
A complete audio record ofthe minutes is available at www.reedlev.ca.gov The meeting of Reedley City Council called to order by Mayor Betancourt at 7:01 p.m. on Tuesday, June 13, 2023 in the City Hall Council Chambers, 845 "G" Street, Reedley, California.
INVOCATION - Ken Baker, Reedley Police Department Chaplain
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Fast
ROLL CALL
Council Members
Present:
Absent:
Suzanne Byers, Mary Fast, Scott Friesen, Matthew Tuttle, Anita Betancourt None.
AGENDA APPROVAL -ADDITIONS AND/OR DELETIONS
Council Member Tuttle motioned, Council Member Byers seconded to accept and approve agenda.
Motion unanimously carried.
PRESENTATION
I. PRESENTATION REGARDING THE 5 CITIES JOINT POWERS AUTHORITY BY THE FRESNO COUNTY
ECONOMIC DEVELOPMENT CORPORATION
PUBLIC COMMENT
Jose Plascencia with Allstate Insurance, Dr. Jerry Buckley with Reedley College and Neil Thonesen, Board Chair of Reedley Chamber of Commerce spoke regarding the proposed budget change to the Reedley Chamber of Commerce.
CONSENT AGENDA (Item 2-8)
Council Member Fast requested to discuss items 3 and 7 prior to the vote. Police Chief Garza and Public Works Director Russ Robertson answered Council Member Fast's questions.
Council Member Fast moved, Council Member Friesen seconded to accept, approve and adopt all items listed under the CONSENT AGENDA.
2. APPROVAL OF MINUTES OF THE REGULAR AND SPECIAL COUNCIL MEETINGS OF MAY 23, 2023 - Approved
3. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT ON BEHALF OF
THE CITY OF REEDLEY, BETWEEN THE CITY OF REEDLEY AND KINGS CANYON UNIFIED SCHOOL DISTRICT FOR THE RESTORATIVE JUSTICE INITIATIVE (RPBI) FOR THE 2023-2024 FISCAL YEAR - Approved
4. APPROVE AND AUTHORIZE CITY MANAGER TO EXECUTE A COMMUNICATIONS SITE LEASE
AGREEMENT WITH THE KINGS CANYON UNIFIED SCHOOL DISTRICT FOR INSTALLATION AND OPERATION OF THE TRANSPORTATION COMMUNICATIONS RADIO EQUIPMENT-Approved
5. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN THE SECOND AMENDMENT TO THE
CITY OF REEDLEY LEASE OF AIRPORT PREMISES FOR BICYCLE MOTOCROSS TRACK AGREEMENT-Approved
REEDLEY CITY COUNCIL MEETING -June 13, 2023
6. SECOND READING AND ADOPTION OF ORDINANCE 2023-006 AMENDING CHAPTER 2 OF TITLE 4 AND SECTION 10-16-11 OF CHAPTER 16 OF TITLE 10 OF THE REEDLEY MUNICIPAL CODE CONCERNING COST RECOVERY PROVISION FOR NUISANCE ABATEMENT ACTIONS- Approved
7. ADOPT RESOLUTION NO. 2023-037 AMENDING THE 2022-2023 ADOPTED BUDGET APPROPRIATING $51,000 FROM THE SEWER ENTERPRISE FUND BALANCE FOR THE EMERGENCY PLACEMENT OF
A CONCRETE BLOCK WALL AROUND THE REED A VENUE SEWER LIFT ST A TION TO PROTECT AGAINST POTENTIAL FLOODING FROM THE KINGS RIVER:-Approvetl 8, ADOPT RESOLUTION NO. 2023-042 ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNT ABILITY ACT OF 2017- Approvetl
ADMINISTRATIVE BUSINESS
9. ADOPTION OF 2023-2024 FISCAL YEAR BUDGET AND RELATED FISCAL ITEMS A. ADOPT RESOLUTION NO. 2023-039 OF THE CITY COUNCIL OF THE CITY OF REEDLEY,
ACTING IN ITS CAPACITY AS CITY COUNCIL TO THE CITY, SUCCESSOR AGENCY TO
THE FORMER REDEVELOPMENT AGENCY, AND AS THE BOARD OF THE REEDLEY
HOUSING AUTHORITY, ADOPTING THE FINAL BUDGET OF THE CITY OF REEDLEY FOR THE FISCAL YEAR JULY I, 2023 TO JUNE 30, 2024, PROVIDING FOR THE
APPROPRIATION AND EXPENDITURE OF ALL SUMS SET FORTH IN SAID FINAL
BUDGET, PROVIDING FOR THE TRANSFERS AND ADDITIONAL APPROPRIATIONS AND
REPEALING ALL RESOLUTIONS AND PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH, EXCEPT AS PROVIDED FOR BY MINUTE ORDER OF THE CITY COUNCIL ON JUNE 13, 2023
B. ADOPT RESOLUTION NO. 2023-040 OF THE CITY COUNCIL OF THE CITY OF REEDLEY
ADOPTING MASTER SALARY TABLES FOR ALL EMPLOYEES OF THE CITY OF
REEDLEY
C. ADOPT RESOLUTION NO. 2023-041 OF THE CITY COUNCIL OF THE CITY OF REEDLEY
ESTABLISHING A SALARY AND BENEFIT SCHEDULE FOR UNREPRESENTED
EMPLOYEES
D. APPROVE AND AUTHORIZE CITY MANAGER TO EXECUTE AMENDMENT #3 TO
PROFESSIONAL SERVICES AGREEMENT WITH THE GREATER REEDLEY CHAMBER OF COMMERCE, AMENDING ANNUAL COMPENSATION FROM $50,000 TO $75,000 FOR FY 2023-24, WITH FUTURE YEAR COMPENSATION SUBJECT TO ANNUAL CITY COUNCIL
APPROPRIATION
• APPROVE AND AUTHORIZE CITY MANAGER TO EXECUTE AMENDMENT #I TO
GOVERNMENT AFFAIRS CONSULTING AGREEMENT WITH TOWNSEND PUBLIC AFFAIRS, INC. AMENDING ANNUAL COMPENSATION FROM $42,000 TO $54,000, EFFECTIVE JANUARY I, 2024, AND APPROVAL BY MINUTE ORDER OF ADDITIONAL SUPPORTING FY 2023-24 BUDGET APPROPRIATIONS OF $6,000
F. APPROVE AND AUTHORIZE CITY MANAGER TO EXECUTE AN ADDENDUM TO AN
AGREEMENT WITH THE COUNTY OF FRESNO TO ADMINISTER AND RECEIVE UP TO AN ADDITIONAL $10,168 IN COMMUNITY DEVELOPMENT BLOCK GRANT
CORONA VIRUS RESPONSE FUNDS FOR SENIOR CITIZEN MEAL PROGRAM COSTS, AND APPROVAL BY MINUTE ORDER FOR THE FY 2023-24 ADOPTED BUDGET TO BE INCREASED BY $10,168 TO DEPLOY THE ADDITIONAL FUNDING IN THE SAME
MANNER AS WHAT WAS PREVIOUSLY APPROVED
APPROVAL BY MINUTE ORDER OF TWO (2) NEW FULL-TIME RECREATION SITE LEAD POSITIONS AT SALARY RANGE 37-U AND ADDITIONAL SUPPORTING BUDGET APPROPRIATIONS OF $213,135 IN THE GENERAL FUND FOR THE NEW POSITIONS AND
ADDITIONAL PART-TIME STAFF TIME AND SUPPLIES IN SUPPORT OF THE 2 REEDLEY CITY COUNCIL MEETING -June 13, 2023
PREVIOUSLY APPROVED MEMORANDUMS OF UNDERSTANDING WITH THE KINGS
CANYON UNIFIED SCHOOL DISTRICT AND FRESNO COUNTY SUPERINTENDENT OF SCHOOLS FOR EXPANDED LEARNING PROGRAMS AT T.L. REED AND WASHINGTON
SCHOOL SITES
1-1 . APPROVAL BY MINUTE ORDER OF ADDITIONAL SUPPORTING FY 2023-24 BUDGET APPROPRIATIONS OF $40,000 IN THE GENERAL FUND REPRESENTING GRANT
FUNDING FROM THE CALIFORNIA ENERGY COMMISSION FOR ACTIVITIES RELATED
TO ACQUISITION AND IMPLEMENTATION OF AUTOMATED ONLINE SOLAR
PERMITTING SOFTWARE
City Manager Nicole Zieba explained this item is the final action to adopt the city budget. Throughout the budget workshop sessions there has been opportunity to discuss changes in the proposed budget. Staff has not receive any changes from Council. The budget item is coming before Council during the first meeting in June so that way if there is any requested changes there is still time to change the budget and adopt the budget prior to the deadline of June 30, 2023.
Council Member Tuttle asked for clarification on item D. Community Development Director, Rodney Horton explained item D and answered Council Member Tuttle's questions. Council deliberated and discussed tabling item D and bringing it back at a subsequent meeting.
Council Member Fast motioned for item A but added that she wanted to remove the additional $25,000 Council Member Friesen seconded to:
A. ADOPT RESOLUTION NO. 2023-039 OF THE CITY COUNCIL OF THE CITY OF REEDLEY,
ACTING IN ITS CAPACITY AS CITY COUNCIL TO THE CITY, SUCCESSOR AGENCY TO THE
FORMER REDEVELOPMENT AGENCY, AND AS THE BOARD OF THE REEDLEY HOUSING
AUTHORITY, ADOPTING THE FINAL BUDGET OF THE CITY OF REEDLEY FOR THE FISCAL YEAR JULY I, 2023 TO JUNE 30, 2024, PROVIDING FOR THE APPROPRIATION AND
EXPENDITURE OF ALL SUMS SET FORTH IN SAID FINAL BUDGET, PROVIDING FOR THE
TRANSFERS AND ADDITIONAL APPROPRIATIONS AND REPEALING ALL RESOLUTIONS
AND PARTS OF RESOLUTIONS IN CONFLICT HEREWITH, EXCEPT AS PROVIDED FOR BY MINUTE ORDER OF THE CITY COUNCIL ON JUNE 13, 2023
Motion unanimously carried.
Council Member Friesen moved, Council Member Byers seconded to B. ADOPT RESOLUTION NO. 2023-040 OF THE CITY COUNCIL OF THE CITY OF REEDLEY
ADOPTING MASTER SALARY TABLES FOR ALL EMPLOYEES OF THE CITY OF REEDLEY Motion unanimously carried.
Council Member Fast moved, Council Member Byers seconded to C. ADOPT RESOLUTION NO. 2023-041 OF THE CITY COUNCIL OF THE CITY OF REEDLEY
ESTABLISHING A SALARY AND BENEFIT SCHEDULE FOR UNREPRESENTED EMPLOYEES Motion unanimously carried.
D. APPROVE AND AUTHORIZE CITY MANAGER TO EXECUTE AMENDMENT #3 TO
PROFESSIONAL SERVICES AGREEMENT WITH THE GREATER REEDLEY CHAMBER OF COMMERCE, AMENDING ANNUAL COMPENSATION FROM $50,000 TO $75,000 FOR FY 2023-24, WITH FUTURE YEAR COMPENSATION SUBJECT TO ANNUAL CITY COUNCIL APPROPRIATION-Item tabled
Council Member Tuttle moved, Mayor Betancourt seconded to E. APPROVE AND AUTHORIZE CITY MANAGER TO EXECUTE AMENDMENT #1 TO
GOVERNMENT AFFAIRS CONSULTING AGREEMENT WITH TOWNSEND PUBLIC AFFAIRS, INC. AMENDING ANNUAL COMPENSATION FROM $42,000 TO $54,000, EFFECTIVE JANUARY I, 2024, AND APPROVAL BY MINUTE ORDER OF ADDITIONAL SUPPORTING FY 2023-24 BUDGET APPROPRIATIONS OF $6,000
Motion unanimously carried.
Council Member Tuttle moved, Council Member Byers seconded to REEDLEY CITY COUNCIL MEETING -June 13, 2023
F. APPROVE AND AUTHORIZE CITY MANAGER TO EXECUTE AN ADDENDUM TO AN
AGREEMENT WITH THE COUNTY OF FRESNO TO ADMINISTER AND RECEIVE UP TO AN ADDITIONAL $10,168 IN COMMUNITY DEVELOPMENT BLOCK GRANT CORONAVIRUS
RESPONSE FUNDS FOR SENIOR CITIZEN MEAL PROGRAM COSTS, AND APPROVAL BY MINUTE ORDER FOR THE FY 2023-24 ADOPTED BUDGET TO BE INCREASED BY $10,168 TO
DEPLOY THE ADDITIONAL FUNDING IN THE SAME MANNER AS WHAT WAS
PREVIOUSLY APPROVED
Motion unanimously carried.
Council Member Fast moved, Council Member Friesen seconded to G. APPROVAL BY MINUTE ORDER OF TWO (2) NEW FULL-TIME RECREATION SITE LEAD POSITIONS AT SALARY RANGE 37-U AND ADDITIONAL SUPPORTING BUDGET APPROPRIATIONS OF $213,135 IN THE GENERAL FUND FOR THE NEW POSITIONS AND
ADDITIONAL PART-TIME STAFF TIME AND SUPPLIES IN SUPPORT OF THE PREVIOUSLY
APPROVED MEMORANDUMS OF UNDERSTANDING WITH THE KINGS CANYON UNIFIED
SCHOOL DISTRICT AND FRESNO COUNTY SUPERINTENDENT OF SCHOOLS FOR EXPANDED LEARNING PROGRAMS AT T.L. REED AND WASHING TON SCHOOL SITES Motion unanimously carried.
Council Member Byers moved, Council Member Fast seconded to H. APPROVAL BY MINUTE ORDER OF ADDITIONAL SUPPORTING FY 2023-24 BUDGET APPROPRIATIONS OF $40,000 IN THE GENERAL FUND REPRESENTING GRANT FUNDING
FROM THE CALIFORNIA ENERGY COMMISSION FOR ACTIVITIES RELATED TO
ACQUISITION AND IMPLEMENTATION OF AUTOMATED ONLINE SOLAR PERMITTING
SOFTWARE
Motion unanimously carried.
COUNCIL REPORTS
JO. BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.
Council Member Friesen:
• Discussed the Memorial Day event he attended
Council Member Fast:
• Also discussed the Memorial Day event she attended
• Thanked staff for keeping parks clean
,. Attended employee luncheon
• Discussed John Urbano retirement event she attended
• Mentioned about the Reedley Remote Controlled Airshow that was at the airport 11 Shared about the Council of Governments meeting she attended and provided a brief update • Attended Good Morning Reedley that was put on by the Chamber of Commerce Council Member Byers:
• Discussed the Memorial Day event she attended
• Shared about a Reedley Peace Building Initiative meeting she attended at the Police Department Council Member Tuttle:
• Discussed the Memorial Day event at the cemetery
• Mentioned the Good Morning Reedley event he attended
Mayor Betancourt:
• Discussed the employee luncheon she attended
STAFF REPORTS
11. UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS. 4 REEDLEY CITY COUNCIL MEETING -June 13, 2023
,Cit~Manager Nicole Zieba:
• Discussed upcoming employee training hosted by the City • Provided and update on road closures that will be occurring soon • Mentioned the status of the improvement work that was occurring at the Opera House • Shared information regarding the water levels in the river and provided an update • Explained and provided updates to events the Police Department responded to in the past week Community Services Director Sarah Reid
• Provided and update regarding Sierra View Homes will operate as a cooling center this summer
ADJOURNMENT
Mayor Betancourt adjourned the regular meeting at 8:37 p.m.
Mayor Anita Betancourt
ATTEST:
Ruthie Greenwood, City Clerk
5 DATE:
TITLE:
APPROVED:
REEDLEY CITY COUNCIL
JUNE 27, 2023
'59., Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 3 ----
ADOPT RESOLUTION NO. 2023-038, OPPOSING INITIATIVE NO. 21- 0042A1 THE TAXPAYER PROTECTION AND GOVERNMENT
:::l:~N:::~~1:zyA::nager ~
RECOMMENDATION
Staff recommends Council adopt Resolution 2023-038, opposing Initiative No. 21-00 42A1, the Taxpayer Protection and Government Accountability Act.
EXECUTIVE SUMMARY
On Jan. 4, 2022, the California Business Roundtable filed the "Taxpayer Protection and Government Accountability Act" or AG# 21-0042A 1. The measure has qualified for the November 2024 ballot. The League of California Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly oppose this initiative. The League of California Cities has asked all cities to pass a formal Resolution in opposition to this deceptive Initiative.
Local government revenue-raising authority is currently substantially restricted by State statute and constitutional provisions, including the voter approved provisions of Proposition 13 of 1978, Proposition 218 of 1996, and Proposition 26 of 2010. The Taxpayer Protection and Government Accountability Act adds and expands restrictions on voters and local government tax and fee authority. The Taxpayer Protection and Government Accountability Act would amend the California Constitution with provisions that limit voters' authority and input, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws. The measure puts billions of local government tax and fee revenues at risk statewide with related core public service impacts.
The measure could have significant negative impacts on City of Reedley's operations and core service delivery that depends on user fees, and could dramatically expand the City's exposure to frivolous lawsuits regarding user fees and taxes.
The proposed constitutional initiative is sponsored by the California Business Round table.
MAJOR PBOYIS,IONS
Local governments levy a variety of fees and other charges to provide core public services.
Major examples of affected fees and charges are:
Nuisance abatement charges, such as for weed, rubbish, and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs. ,. Commercial franchise fees.
Emergency response fees, such as in connection with DUI. • Advanced Life Support (ALS) transport charges.
• Document processing and duplication fees.
• Transit fees, tolls, parking fees, and public airport and harbor use fees. • Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.
The Act contains the following provisions:
Fees and Charg_es:
~ Except for licensing and other regulatory fees, fees and charges may not exceed the "actual cost" of providing the product or service for which the fee is charged. "Actual cost" is the" minimum amount necessary." The burden to prove the fee or charge does not exceed "actual cost" is changed to "clear and convincing" evidence. • Requires fees and charges paid for the use of local and state government property and the amount paid to purchase or rent government property to be "reasonable." These fees and charges are currently allowed to be market-based. Whether the amount is "reasonable" (introducing a new legal standard aiming to force below market fee and charge amounts) must be proved by "clear and convincing evidence." This standard may significantly reduce the amount large companies (e.g., oil, utilities, gas, railroads, garbage/refuse, cable, and other corporations) will pay for the use of local public property.
Prohibits fees on new development based on vehicle miles traveled.
Taxes and fees adopted after Jan. 1, 2022, that do not comply with the new rules, are void unless reenacted
Invalidates the "Upland" court decision that allows a majority of local voters to pass special taxes. The measure specifies that taxes proposed by the initiative are subject to the same rules as taxes placed on the ballot by a city council.
Expressly prohibits local advisory measures which allow local voters to express a preference for how local general tax dollars should be spent.
Requires voter approval to expand existing taxes (e.g., Utility, Transient Occupancy) to new territory (e.g., annexations) or to expand the tax base (e.g., new utility service) New taxes can only be imposed for a specific time period.
Fines and Penalties:
'
1 May require voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.
FISCAL IMPACT
The Taxpayer Protection and Government Accountability Act will take billions of dollars away from local government services statewide. Reductions on local government tax revenues have impacts on core services and infrastructure including fire and emergency response, law enforcement, streets and roads, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention, and mental health services.
ATTACHMENT
Resolution no. 2023-038
Examples of Fees and Charges
California City Finance Analysis of 21-0042A1
EXAMPLES OF FEES AND CHARGES THAT ARE IMPACTED BY CBRT
o Category# 1 (Products and Services). Examples1:
Property development application processing fees
Plan Review
Gas and electricity service charges
Parks and Recreation classes and lessons
Child care services
Jail booking fees
Copies of police reports
Emergency services fees
o Category #2 (Regulatory and Licensing Activity). Examples:
Building permit fees
Sales tax audits
~ Abatement of weeds on private property
Conducting inspections of rental housing
• Fire inspections
o Category #3 (Entrance to or use of local government property, or the purchase, rental or lease of local government property.
Lease of city museum to non-profit organization
Use of Council Chambers by private groups
Use/lease of city-owned convention center
Use/lease of city-owned park or other recreation area
o Category #4 Fines and penalties for administrative Code enforcement o Category #5 Charges imposed as a condition of property development o Category #6 Charges covered by Proposition 218 (water and sewer rates, etc.) o Category #7 Charges for specific health care services RESOLUTION NO. 2023-038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY TO OPPOSE INITIATIVE 21-0042A1
WHEREAS, an association representing California's wealthiest corporations and developers is spending millions to push a deceptive proposition aimed for the November 2024 statewide ballot; and WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and WHEREAS, the measure creates new constitutional loop holes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure and our environment; and
WHEREAS, the measure may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to local services at risk and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and NOW, THEREFORE, BE IT RESOLVED that the City of Reedley City Council opposes Initiative 21- 0042A 1;
BE IT FURTHER RESOLVED, that the City of Reedley City Council will join the No on Initiative 21- 00 42A 1 coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state.
We direct staff to email a copy of this adopted resolution to the League of California Cities at BallotMeasu [email protected].
This foregoing resolution is hereby approved the 27th day of June, 2023, in the City of Reedley, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Anita Betancourt, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
EXAMPLES OF FEES AND CHARGES THAT ARE IMPACTED BY CBRT
o Category# 1 (Products and Services). Examples1:
,,,
Property development application processing fees
Plan Review
Gas and electricity service charges
Parks and Recreation classes and lessons
Child care services
Jail booking fees
Copies of police reports
Emergency services fees
o Category #2 (Regulatory and Licensing Activity). Examples:
Building permit fees
Sales tax audits
Abatement of weeds on private property
Conducting inspections of rental housing
Fire inspections
o Category #3 (Entrance to or use of local government property, or the purchase, rental or lease of local government property.
Lease of city museum to non-profit organization
Use of Council Chambers by private groups
Use/lease of city-owned convention center
• Use/lease of city-owned park or other recreation area o Category #4 Fines and penalties for administrative Code enforcement o Category #5 Charges imposed as a condition of property development o Category #6 Charges covered by Proposition 218 (water and sewer rates, etc.) o Category #7 Charges for specific health care services Ca{ifovVliaCityFiVlO.V\Ce.CoV\I\ Rev. January 14, 2023
Fiscal and Program Effects of
Initiative 21-0042A1 on Local Governments
If Initiative 21-0042A1 is placed on the ballot and passed by voters, it will result in:
• Over $20 billion of local government fee and charge revenues over 10 years placed at heightened legal peril. Related public service reductions across virtually every aspect of city, county, special district, and school services especially for drinking water, sewer sanitation, and public health and safety. • About $2 billion of revenues each year from fees and charges adopted after January 1, 2021 subject to legal peri/. 1
• Over $2 billion dollars of annual revenues from dozens of tax measures approved by voters between January 1, 2022 and the effective date of the act2 subject to additional voter approval if not in compliance with the initiative.
• Indeterminable legal and administrative burdens and costs on local government from new and more empowered legal challenges, and bureaucratic cost tracking requirements. • The delay and deterrence of municipal annexations.
• Substantially higher legal and administrative cost of public infrastructure financing which will delay and deter new residential and commercial development.
• Service and infrastructure declines including in fire and emergency response, law enforcement, public health, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention and mental health services.
1. Local Government Taxes and Services Threatened
With regard to taxes, Initiative 21-0042A 1:
• Prohibits advisory, non-binding measures as to use of tax proceeds on the same ballot.
Q Voters may be less informed and more likely to vote against measures. • Eliminates the ability of special tax measures proposed by citizen initiative to be enacted by majority voter approval (Upland). 3
o Because the case law regarding citizen initiative special taxes approved by majority vote (Upland) is so recent, it is unknown how common these sorts of measures might be in the future. This initiative would prohibit such measures after the effective date of the initiative. Any such measures adopted after January 1, 2022 through the effective date of the Act should it pass would be void a year after the effective date of the initiative. • Requires that tax measures include a specific duration of time that the tax will be imposed. This seems to require that all tax increases or extensions contain a sunset (end date). o This would require additional tax measures to extend previously approved taxes. • A city charter may not be amended to impose, extend, or increase a tax might interfere with the ability of cities that do not already have such authority in their charters to adopt Property Transfer Taxes. o There are no more than a few of these every few years, but it is a valuable tax for those that adopt it.
1 Assumes fee increases since January 1, 2022 would be subject to possible legal challenge if not adopted in compliance with the Initiative.
2 The effective date of the initiative would be sometime in December 2024, the date the California Secretary of State certifies the election results of the November 5, 2024 election,
·
1 Unlike the initiative 17-0050, this initiative does not eliminate that ability of cities and counties to adopt general taxes by majority voter approval.
2217 Isle Royale Lane• Davis. CA• 95616-6616
Phone. 530.758.3952 • Fax: 530.758.3952
- 2 rev January 14, 2023
• Requires that a tax measure adopted after January 1, 2022 and before the effective date of the initiative that was not adopted in accordance with the measure be readopted in compliance with the measure or will be void twelve months after the effective date of the initiative. o If past election patterns and elections in 2022 are an indication, over 200 tax measures approving more than $2 billion annual revenues to support local public services would not be in compliance and would be subject to reenactment. Most will be taxes without a specific end date and special taxes (including parcel taxes). Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, the measures would each require declaration of emergency and unanimous vote of the governing board to be placed on a special election ballot within a year for approval or the tax will be void after that date. I would expect most to succeed, but some will not, in particular citizen initiative majority vote special taxes which would have to meet a higher voter approval threshold to continue. • Requires voter approval to expand an existing tax to new territory (annexations). This would require additional tax measures and would deter annexations and land development in cities. o If a tax is "extended" to an annexed area without a vote after January 1, 2022, it will be void 12 months later until brought into compliance. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, such extensions would each require unanimous vote of the agency board to be placed on a special election ballot or would be void a year later.
1.a. Number of Measures and Value of Local Taxes at Risk4 Over a hundred local measures were approved in 2022 that likely do not comply with the provisions of Initiative 21-0042A 1. Nearly $2 billion of annual revenues from these voter approved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures. We can expect a similar volume of measures in 2024 and a similar volume of non-compliance. So the combined total of annual local funding directly affected by Initiative 21-0042A1 due to its retroactivity provision is about $4 billion.
Citizen Initiative Special Taxes in 2022.
Special taxes placed on the ballot by citizen initiative and approved after January 1, 2022 by a majority but less than two-thirds of the voters are out of compliance with Initiative 21-0042A 1.
On June 7, 2022, there were three local special tax measures placed on the ballot by citizen initiative. Two failed to get majority voter approval. A one percent transactions and use tax (sales tax) for the John C. Fremont Healthcare District in Mariposa County received 69.6 percent approval, over the two thirds needed for any special tax under California Constitution Article XIIIC. So this measure was passed in compliance with Initiative 21- 0042A 1.
June 2022 Initiative Special Taxes - majority voter approval Estimated
Agoncl£ ~[!le Tax/Fee Rate Annual Revenue Use Sunset YES% John C. Fremont
Mariposa Measure N
Trans actions I cent $ 150,000 hospital 40yrs 69.6% PASS Healthca re District & Use Tax County ofKings Kin gs Measure F Trans actions 1/2 cen t $ 11,700,000 fire m:me 37.6% FAIL & Us e Tax Manhattan Beach
Los Angeles Measure A
School Parce l $1095/yr $ 12,000,000 schools 12yrs 31.2% FAIL USD Tax On November 8, 2022, there were 14 local special taxes placed on the ballot by citizen initiative. Seven of these • Source: Compilation and summary of data from County elections offices.
CaliforniaCityFiVtaVtce.coM
rev January 14, 2023
measures failed with less than majority voter approval. The other seven measures received majority, but less than two-thirds, voter approval. These measures passed under current law but are out of compliance with Initiative 21- 0042A 1. Taken together these seven taxes will provide estimated annual revenues of from $900,000 to $1.4 billion in support of parks and recreation, zoo, library, affordable housing, transportation, homelessness prevention, and schools in these communities.
November 2022 Initiative Special Taxes - majority voter approval Estimated
AgencJl Name Counfy Tax/Fee Rate Annual Revenue Use Sunset YES¾ Crockett Communitv
Services District · Contra Costa Measure. L Parcel Tax $50/parcei $60,000 parks/recr none 62.8% PASS Oakland Alameda Measure Y Parcel Tax $68/parcel $ 12,000,000 mo 20yrs 62.5% PASS County of Mendocino Measure 0 Transactions 1/8 cent then 1/4 $4,000,000 library PASS & Use Tax cent in 2027 n9 11 ~ 60.8% Los Angeles Los Angeles Measure ULA Property 4% if>$5m, 5.5% $600 m to $11 b affordable 57.3% PASS Trans fer Tax if>$]0m housing li!ll1 ' County of Sacramento Measure A Transactions same 1/2 cent $212,512,500 transportati 40yrs 55.3% PASS & Use Tax San Francisco p . . M Business $2500-$5000/
ropoSitton Operations Tax vacant res id unit $ 20,000,000 housing J()yr.; 54.5% PASS schools,
Santa Monica Los Angeles Measure GS Property $56/$1000 if $ 50,000,000
homelessne
53.3% PASS Transfer Tax >$8m ss, afford. mm •
housing
Total $900,000 to
$1.4 billion
Estimated
Agencll Name Counfy Tax/Fee Bl!!!!. Annual Revenue Use ~ ~ County of Calaveras Measure A Transactions I cent $5,000,000 fire 49.4% FAIL & Use Tax UO l1 1l
South San Francisco San Mateo Measure DD School Parcel $2.50/sf $ 55,900,000 schools 47.2% FAIL (for Schools) Tax llll l1 ' County of Fresno (for CSU) Measure E Transactions 1/5 ct, $ 36,000,000 Calif State 20yrs 46.9% FAIL & Use Tax 1/40 ct (Reedley) Univ Santa Cruz Santa Cruz Measure N Parcel Tax $6k/vacant SFU vacant ";X 44.2% FAIL HO ert
County of Monterey Measure Q Parcel Tax $49/parcel $5,500,000 childcare IOyrs 4Ll% FAIL San Francisco City San Measure 0 School Parcel $150/sfu $37,000,000 schools !Oyrs 36.7% FAIL College Francisco Tax Morro Bay San Luis Measure B Parcel Tax $12o+/parcel $680,000 harbor 360% FAIL Obispo 11£1111!
lnvemess Public Marin Measure 0 Parcel Tax $0.20/st; $276,000 fJw li t Hl l;l 210% FAIL Utility District $150/vacant Non-Specific Tax Durations in 2022
Voters approved 106 measures in June 2022 (10) and November 2022 (96) that do not provide a specific duration of time that the tax will be imposed (end date). Typically, the ballot titles for these measures state that the tax would be imposed "until ended by voters." Four of these measures also did not include any estimate of the annual revenues that the tax would generate, another violation of initiative 21-0042A 1. Taken together, these approved local measures generate $561 million per year that will expire a year after the effective date of the initiative if Initiative 21-0042A1 passes.
Ca/iforniaCityFiV1.aV1.ce.coW1
-4- rev January 14, 2023
Measures in 2022 with Non-Specific Durations
Annual
AgencJl Name Counfy Tax/Fee Rate Revenue Use Sunset YES% Oakland Alamed a Measure T Business Tax \'~nrm~ $ 20,900,000 llil ll • 71.4% PASS General Cu lver City Los Angeles Measure BL Business Tax $ I 0,000,000 60.5% PASS General 'VIUIO!I~ IIOIIC El Segundo Los Angeles Measure BT Business Tax 'IUit>IIS $3,000,000 51.2% PASS General 11onc Pico Rivera Los Angeles Measure AB Business Tax various $5,800,000 75.5% PASS General 11011e Santa Ana Orange Measure W Business Tax v~rn1us neutral lllllle 64.8% PASS General Tracy San Joaquin Measure B Business Tax
General v:mnws $3,200,000 IIOU~ 72.6% PASS
Burlingame San Mateo Measure X
Business Tax $2,500,000 75.1% PASS General \'im~u~ none Los Gatos Santa Clara Measure J Business Tax .riou~ $ l,I00,000 53.4% PASS General none Santa Clara Santa Clara Measure H Business Tax $45/employee, $6,000,000 a oli tl 59.5% PASS General $15/rental unit Brisbane San Mateo Measure 0 Business Tax $2.50/mvday $250,000 69.2% PASS lodging busn 11011 1! E.as t Palo Alto San Mateo Measure L Business Tax 2.5% $ 1,480,000 69.9% PASS resid. rentals rossRcpts I'.[()~ Co unty of Santa Cruz Unincorporated Measure C Busn Tax- 12.Scents/cu p $700,000 rwnc 68.2% PASS dis cu s South Lake Tahoe El Dorado Measure G Busn Tax 6% retail, $950,000 62.9% PASS Cannabis 111anufacturin15 n•nc McFarland Kem Measure 0 Busn Tax 8% of gross $1,800,000 63.5% PASS Cannabis receiets retail, 11mie Avenal Kings Measure C Busn Tax $25+/s for $600,000 liOUe 61.8% PASS Cannabis 15% r re ts Baldwin Park Los Angeles Measure CB Busn Tax 4% $300,000 51.3% PASS Cannabis rossRc ts 11011c Claremont Los Angeles Measure CT Busn Tax 4%-7% gr $500,000 61.1% PASS Cannabis re ts, $1- 11onc County of Los Angeles Unincorporated Measure C Busn Tax 4% gross $15,170,000 60.1% PASS Cannabis receiets retail, none Cudahy Los Angeles Measure BA Busn Tax 15% $3,600,000 11llne 54.0% PASS Cannabis g rossRc ts El Segundo Los Angeles Measure Y Busn Tax 10% $ 1,500,000 72.8% PASS Cannabis GrossRc t, IHilll~ Hennosa Beach Los Angeles Measure T Busn Tax 10% $1,500,000 67.6% PASS Cannabis GrossRc t, IIOD Lynwood Los Angeles Measure TR Busn Tax 5%tol0% $3,000,000 66.4% PASS Cannabis IIODC Santa Monica Los Angeles Measure HM Busn Tax JO% gross $5,000,000 66.4% PASS Cannabis Rcets IIOM South El Monte Los Angeles Measure CM Busn Tax 6% special $126,000 53.7% PASS Cannabis excise tax on 110110 Monterey Monterey Measure J Busn Tax 6% gross Rcpt $1 ,300,000 65.2% PASS Cannabis nomi
Pacific Grove Monterey Measure N Busn Tax 6% gross Rcpt $300,000 none 70.8% PASS Cannabis Huntington Beach Orange Measure 0 Busn Tax
Cannabis
6% retail, 1% $600,000 other 11011\C' 54.7% PASS
CaliForniaCityFiV1.aV1.ce.colN\
- 5 - rev January 14, 2023
Measures in 2022 with Non-Specific Durations
Annual_
Me !lC1 Na_tru1 Tax/Fee Rate Revenue Use Sunset YES%
Laguna Woods Orange Measure T Busn Tax 4%-10"/o of $750,000 61.1% PASS Cannabis ross recei ts 11011e Corona Riverside Measure G Busn Tax 9% of gross $5,000,000 61.6% PASS Cannabis recei ts for none Montclair San Bernardino Measure R Busn Tax 7% $3,500,000 70.3% PASS Cannabis rossRc ts none County of San Diego Unincorporated Measure A Busn Tax 6% retail, 3% $5,600,000 57.4% PASS Cannabis distribution, ll(!n~ Encinitas San Diego Measure L Busn Tax 4%to 7%of $1,400,000 65.1% PASS Cllnn.11hi:i, r;;ms~ rc~c, IIOltll ~ Healdsburg Sonoma Measure M Busn Tax
8% gross Rcpt $500,000 72.7% PASS Cannabis non~
Exeter Tulare Measure B Busn Tax 10"/o retail and 7 66.5% PASS Cannabis other, $IO/sf 11onc ul1111: T11lr1rn. Measure Y Busn Tax I O"/o retail and 1 65.2% PASS Cannabis other, $10/sf 110!1~ Woodland Yola Measure K Busn Tax 10% 66.2% PASS Cannabis grossRcpts n1oni;, Redlands San Bernardino Measure J Busn Tax from$0.047/sf $530,000 53.5% PASS Distrib centers to $0. !05/s f lltln~ Arcadia Los Angeles Measure SW Busn Tax 5% n/a* IIOll~ 63.9% PASS Seorts BellmiJi l!.rossRcets
Albany Alameda Measure K Parce!Tax $0.074+/sf $1,950,000 frre/EMS none 76.0% PASS Cameron Park Airport El Dorado Measure J Parce!Tax by $600 to $117,900 airport/ 11011e 78.2% PASS District $900/e arcel streets Highlands Village El Dorado Measure L Parce!Tax $l4o+/parcel Lighting Benefit Zone $ l0,920 streets m111~ 86.3% PASS Knolls Property El Dorado Measure P Parce!Tax by $30o+to $8,400 streets 11011~ 75.5% PASS Owners CSD $60o+/earcel Sundance Trail Zone of El Dorado
Benefit Measure C ParcelTax $60o+/yr $24,000 roads 110~0 73.2% PASS South Pasadena Los Angeles Measure LL Parce!Tax = '} library oonr:i 86.2% PASS River Delta Fire District Sacramento Measure H Parce!Tax $90/yr $130,000 fire 11011e 72.1% PASS Emeryville Alameda Measure 0 PropTransITax
$15/$1000 if
$5,000,000 71.6% PASS $1m-$2m, mini,,
San Mateo San Mateo by !%to 1.5%
Measure CC PropTransITax if>$l0m $4,800,000 none 71.8% PASS Alameda Alameda Measure F TOT by 4%to 14% $910,000 llllll~ 59.2% PASS Clovis Fresno Measure B TOT by 2%to 12% $500,000 llollr~ 69.7% PASS Kenrnn Fresno Measure G TOT l0% $40,000 1101111° 62.3% PASS Trinidad Hunooldt Measure P TOT by4%to 12% $65,000 110111) 77.6% PASS lnl)erial Imperial Measure G TOT by 4%to 12% $600,000 lllll\e 56.2% PASS Arcadia Los Angeles Measure HT TOT by 2%to 12% $730,000 non~ 54.1% PASS Santa Monica Los Angeles Measure CS TOT by 1%,3%
home shares $4,100,000 m,mc 73.7% PASS
Notes
?= Ballot measure title did not include an estimate of annual revenues, also not in compliance with Initiative 21-0042A1. n/ a* = ,\rcadia i\Ieasure S\v' passed but sports betting remains illegal after the failure of Propositions 26 and 27 on the November statewide ballot.
CaliforniaCityFiVtaVtce.com
-6- rev January 14, 2023
Measures in 2022 with Non-Specific Durations
Annual
Age 11c11 Name County Tax/Fee Rate Revenue Use Sunset YES% Anaheim Orange Measure J online travel $3,000,000 59.2% PASS ~~rmeni~ none La Palma Orange Measure P TOT by 4%to 12% $200,000 110ne 71.1% PASS Colfax Placer Measure B TOT by 2%to10% $29,000 IIOIIC 73.5% PASS Rocklin Placer Measure F TOT by 2% to l0% $300,000 none 59.8% PASS Roseville Placer Measure C TOT by 4% to l0% $3,000,000 none 73.0% PASS Big Bear Lake San Bernardino Measure P TOT by 2%to l0% $1,300,000 IIOIIC 54.4% PASS Grand Terrace San Bernardino Measure M TOT new l0% $250,000 110IJ~ 51.9% PASS Yucca Valley San Bernardino Measure K TOT by 5%to 12% $1,300,000 non~ 71.9% PASS lrqierial Beach San Diego Measure R TOT ~ to 14% $400,000 11011~ 67.4% PASS El Paso de Robles San Luis Obis pc Measure F TOT by 1% to 11% $750,000 110 11~ 61.2% PASS Belmont San Mateo Measure K TOT by 2%to 14% $600,000 mmi:,; 79.3% PASS Millbrae San Mateo Measure N TOT by 2%to 14% $1,500,000 none 75.8% PASS County of Humboldt Unincorporated Measure J TOT by 2%to 12% $3,080,000 JIOIIC 63.3% PASS County of Placer- Measure A Tar by 2%to l0% $4,000,000 mm~ 90.0% PASS North Tahoe TOT Area County of Santa Cruz Un incorporated Measure B TOT by !%to 12% $2,300,000 ~olile 69.2% PASS County of El Dorado - Measure S TOT2/3 by 4%to 14% $2,500,000 IJIOll~ 81.8% PASS East Slo e Tahoe Chico Butte Measure H TrUT I cent $ 24,000,000 ITTOflC 52.4% PASS Mendota Fresno Measure H TrUT 1.25 cent $493,498 ilOll~ 57.2% PASS Blue Lake Huntioldt Measure R TrUT I cent $30,000 tio•~ 55.4% PASS Rio Dell Hurrtioldt Measure 0 'rrl 3/4cent $400,000 none 53.3% PASS County of Kem unincorporated areas Measure K TrUT I cent $ 54,000,000 ~Dile 50.8% PASS McFarland Kem Measure M TrUT I cent $579,662 i:101110 62.2% PASS Tehachapi Kem Measure S TrUT I cent $4,000,000 non~ 57.2% PASS ----- Avenal Kings Measure A TrUT I cent $500,000 !10[1~ 72.5% PASS Susanville Lassen Measure P TrlJT I cent $1,750,000 ~\In~ 54.7% PASS Baldwin Park Los Angeles Measure BP TrUT 3/4 cent $6,000,000 mma 58.1% PASS Malibu Los Angeles Measure MC TrUT 1/2 cent $3,000,000 non-a 52.6% PASS Monterey Park Los Angeles Measure MP TrUT 3/4 cent $6,000,000 ti('lll ~ 58.5% PASS Torrance Los Angeles Measure SSl TrUT l/2cent $ 18,000,000 ~011 ~ 55.0% PASS Larkspur Marin Measure G TrUT 1/4 cent $700,000 IIDN~ 59.4% PASS Sand City Monterey Measure L Tr T by 1/2cent to
I.Scents $1,400,000 ~am~ 68.7% PASS
Herrel Riverside Measure H TrUT sa1re I cent $ 15,000,000 110~~ 58.0% PASS Elk Grove Sacramento Measure E TrUT I cent $21,000,000 'ITOtlC 54.1% PASS Galt Sacramento Measure Q TrUT I cent $3,600,000 mu1~ 52.4% PASS Colton San Bernardino Measure S TrUT I cent $9,500,000 11 01!~ 66.8% PASS Ontario San Bernardino Measure Q TrUT I cent $ 95,000,000 llDll~ 53.2% PASS Solana Beach San Diego Measure S TrUT I cent $ 3.000,000 IIDR~ 66.7% PASS Brisbane San Mateo Measure U TrUT 1/2 cent $2,000,000 none 63.9% PASS Goleta Santa Barbara Measure B TrUT I cent $ l0,600,000 11ona 64.7% PASS Solvang Santa Barbara Measure U TrUT I cent $1,600,000 IHllLC 63.1% PASS CaliforniaCityFiV1.aV1.ce.coW\
-7- rev January 14, 2023
Measures in 2022 with Non-Specific Durations
Annual
Agencll Name, Coull'ly Tax/Fee ~ Revenue Use Sunset YES% Watsonville Santa Cruz Measure R TtlIT 1/2 cent $5,000,000 none 64.4% PASS Vallejo Solano Measure P 1'r1 rr 7/8 cent $ 18,000,000 ncm~ 54.7% PASS ---- Modesto Stanislaus Measure H TrUT I cent $ 39,000,000 lmn~ 62.8% PASS County of Colusa Measure A TrUT 2/3 1/2 cent $2,400,000 EMS none 69.4% PASS Atwater Merced Measure B TrUT2/3 same I cent $4,000,000 police/fire llOll'~ 73.7% PASS Truckee Nevada Measure U Trtrr v by 1/4 cent to $3,000,000 open space nune 76.4% PASS 1/2 cent / trails
Palo Alto Santa Clara Measure L Utility Trans fer 18% gas $7,000,000 110111! 77.7% PASS Santa Clara Santa Clara Measure G UtilityTrans fer 5% $ 30,000,000 no n<i 84.2% PASS Hercules Contra Costa Measure N UUT 8% $3,600,000 nomi 69.3% PASS Carson Los Angeles Measure UU ULrr 2% electr, gas $8,000,000 11 0-IlC 78.4% PASS Sebastopol Sonoma Measure N UUT 3.75% (same) $700,000 IIC,Hll! 83.5% PASS Co-temporal Advisory Measures in 2022
At the November 2022 election, there was just one local general tax measure that was accompanied by an advisory measure as to the use of funds. The City of Santa Monica's Measure DT property transfer tax failed with just 34 percent approval as voters instead chose the citizen initiative Measure GS.
There was also just one such tax use advisory measure on the June 2022 election. Susanville's voters passed Measure P, a 1 percent transactions and use (sales) tax that generates $1. 75 million per year5 for general city services. The measure was accompanied by advisory Measure Q, accompanied the city's It asked, "If Measure P passes, should the revenues be used to balance the budget to maintain and enhance existing public safety services (police and fire), and provide funding to support street infrastructure improvements and provide funding to support economic development efforts designed to increase businesses, jobs and visitors to Susanville?'' Both measures passed. Under Initiative 21-0042A 1, the tax will expire a year after the effective date of the initiative (i.e., in December 2025).
1.b. Additional Costs and Public Service Effects of the Tax Provisions Assuming a similar volume of local measures through 2024 as we saw in 2022, there will be over 200 local measures that will need to be redrafted to comply with the Initiative and placed back on the ballot for the taxes to continue after December 2025. The costs of re-drafting, re-placing and re-voting on these measures, previously legally approved by voters, will be in the tens of millions in total statewide.
2. "Exempt Charges" (fees and charges that are not taxes) and Services Threatened With regard to fees and charges adopted after January 1, 2022, Initiative 21-0042A 1:
• Subjects new fees and charges for a product or service to a new "actual and reasonable test." • Subjects fees and charges for entrance to local government property; and rental and sale of local government property to a new, undefined, "reasonable" test. • Allows legal challenge to any tax adopted before the effective date of the initiative and after January 1, ' The Susanville measure also did not include a specific end date and so is included in the list and totals of those measures.
CaliForniaCityFiV\aV\ce.coVV\
- 8- rev January 14, 2023
2022. Such a lawsuit could enjoin (stop) the enactment of the tax pending the outcome of the legal challenge.
• Subjects a challenged fee to new, higher burdens of proof if legally challenged.
2.a. Value on New Local Gove.rnment Fees and Charges at Risk6 Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies and increases in those fees simply to accommodate inflation, the amount of local government fee and charge revenue placed at risk is about $2 billion per year including those adopted since January 1, 2022. Of $2 billion, about $900 million (45 percent) is for special districts, $800 million (40 percent) is cities, and $300 million (15 percent) is counties.7 Major examples of affected fees and charges are:
1. Certain water, sanitary sewer, wastewater, garbage, electric, gas service fees.
2. Nuisance abatement charges - such as for weed, rubbish and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs. 3, Emergency response fees - such as in connection with DUI.
4. Advanced Life Support (ALS) transport charges.
5. Business improvement district charges.
6. Fees for processing of land use and development applications such as plan check fees, use permits, design review, environmental assessment, plan amendment, subdivision map changes.
7. Document processing and duplication fees.
8. Facility use charges, parking fees, tolls.
9. Fines, penalties.
10. Fees for parks and recreation services.
2.b. Additional Costs and Public Service Effects of the Fee/Charge Provisions In addition to service delays and disruptions due to fee and charge revenues placed at greater legal risk, there would be substantial additional costs for legal defense. The risk to fees and charges will make infrastructure financing more difficult and will deter new residential and commercial development. r, Source: California State Controller Annual Reports of Financial Transactions concerning cities, counties and special districts, summarized with an assumed growth due to fee rate increases (not population) of 2 percent annually. 7 School fees are also affected but the amount is negligible by comparison.
Ca I iFovVti aC ity FiVtaVtce.col-V\
June 27, 2023
REEDLEY CITY COUNCIL
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: _4 __
DATE;
TITLE: ADOPT RESOLUTION 2023-043 DECLARING LISTED VEHICLES AND
EQUIPMENT AS SURPLUS
SUBMITTED: Heather Kredit, Senior Management Analyst ~
REVIEWED: Russ Robertson, Public Works Director
APPROVED: Nicole R. Zieba, City Manager
RECOMMENDATION
It is recommended that the City Council adopt Resolution 2023-043 declaring the vehicles and equipment listed below as surplus. City policy requires the Council to adopt a resolution identifying all equipment and vehicles valued at over $1,000 before it can be surplused.
EXECUTIVE SUMMARY
Staff is requesting that the following list of vehicles and equipment be declared as surplus:
Public Works:
Ford F 150 pickup truck
VIN: 1FTZF1763WKB51997
Year: 1998
Model: F-150
This 25-year-old unit is beyond its useful life and has been placed out of service.
Ford F 150 pickup truck
VIN: 1FTRX12W96NA48103
Year: 2006
Model: F-150
This 17-year-old unit is beyond its useful life and has been placed out of service.
Ford F 350 pickup truck
VIN: 1 FDSF30589EA66845
Year: 2009
Model: F350
This 14-year-old unit is beyond its useful life and has been placed out of service.
Ford F Ranger pickup truck
VIN : 1FTYR14D19PA0410
Year: 2009
Model: Ranger
This 14-year-old unit is beyond its useful life and has been placed out of service.
Ford F 350 pickup truck
VIN: 1 FDWF36P66EA98375
Year: 2006
Model: F350
This 17-year-old unit is beyond its useful life and has been placed out of service.
Yamaha golf cart
Serial: 401851
Year: 1999
Model:JN8
This 24-year-old unit is beyond its useful life and has been placed out of service.
Yamaha golf cart
Serial: 401833
Year: 1999
Model:JN8
This 24-year-old unit is beyond its useful life and has been placed out of service.
Yamaha golf cart •
Serial: 40193
Year: 1999
Model:JN8
This 24-year-old unit is beyond its useful life and has been placed out of service.
Yamaha golf cart
Serial: 401972
Year: 1999
Model:JN8
This 24-year-old unit is beyond its useful life and has been placed out of service.
Yamaha golf cart
Serial: 401668
Year: 2013
Model:JW9
This 10-year-old unit is beyond its useful life and has been placed out of service.
Schneider Remote graphic display terminal
Year: 2008
Model: BW3Z1101
This equipment has been superseded by updated technology and is beyond its useful life.
,
Schneider Power IGBT Module
Year:2008
Model: VZ31M2195M127
This equipment has been superseded by updated technology and is beyond its useful life. (6) Schneider Control Terminal Board kit
Year: 2008
Model: VX4A71100Y
This equipment has been superseded by updated technology and is beyond its useful life. (3) Schneider Altivar 71 Control Board
Year: 2008
Model: VX4A 1104
This equipment has been superseded by updated technology and is beyond its useful life. (3) Schneider Altivar 61 Control Board
Year: 2008
Model: VX4A 1104
This equipment has been superseded by updated technology and is beyond its useful life. (9) PRX USA 18 Pulse Inverter
Year: 2008
Model: X349262G84
This equipment has been superseded by updated technology and is beyond its useful life. (9) Power OHM 400W Resistor
Year: 2008
Model: 2WR500-B2-N
This equipment has been superseded by updated technology and is beyond its useful life.
Trenco 125 HP 18 Pulse Auto Transformer
Year: 2008
Model: 18324
This equipment has been superseded by updated technology and is beyond its useful life. (8) Trenco 75HP 18 Pulse Auto Transformer
Year: 2008
Model: 18318
This equipment has been superseded by updated technology and is beyond its useful life. (2) Schneider Altivar 61 5.5KW-7.5HP VFD
Year: 2008
Model: ATV61 HU55N4
This equipment has been superseded by updated technology and is beyond its useful life. (4) Schneider Altivar 61 30KW-50HP VFD
Year: 2008
Model: ATV61 HU30N4
This equipment has been superseded by updated technology and is beyond its useful life.
(2) Schneider Altivar 61 37KW-50HP VFD
Year: 2016
Model: ATV61HU37N4
This equipment has been superseded by updated technology and is beyond its useful life.
Schneider Altivar 61 55KW-75HP VFD
Year: 2008
Model: ATV61 HU55N4
This equipment has been superseded by updated technology and is beyond its useful life. (3) Schneider Altivar 71 37KW-50HP VFD
Year: 2008
Model: ATV61HU37NA
This equipment has been superseded by updated technology and is beyond its useful life.
Fire Department:
Pierce Quantum Firefighting Pumper
Year: 1999
VIN# 4PICT02S8XA001220
This unit was replaced in February 2023 and is no longer in service. The surplus value is low due to expired technology and non-existent replacement parts. The Valley ROP has expressed interest in this unit for their Urban-Rural Firefighting Program. VROP states they are capable of maintaining the pumper in an acceptable condition that will meet their current needs. If Council declares the 1999 Fire Pumper as surplus and authorizes the donation to VROP, Reedley Fire Chief Isaak will arrange for the transfer of ownership at a future Council meeting.
FISCAL IMPACT
Revenues generated from the sale of surplus property will revert back to the appropriate City Department funds.
ATTACHMENTS
Resolution 2023-043
RESOLUTION NO. 2023-043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY
DECLARING THE FOLLOWING EQUIPMENT AND VEHICLES AS
SURPLUS
BE IT RESOLVED by the City Council of the City of Reedley as follows:
1. That the following City of Reedley vehicles and equipment are hereby declared as surplus:
• Ford F150; Unit# 462
Vin No. 1FTZF1763WKB51997
• Ford F150; Unit #134
Vin No. 1 FTRX 12W96NA48103
• Ford F350; Unit #197
Vin No. 1 FDSF30589EA66845
• Ford Ranger; Unit#166
Vin No. 1FTYR14D19PA04140
~ Ford F350; Unit#176
Vin No. 1 FDWF36P66EA98375
• Yamaha Golf Cart - 5 Units
Four (4) 1999 Model No. JN8, One (1) 2013 Model No. JW9 • Remote Graphic Display terminal
Schneider 2008 Model No. VW3Z110
• Power IGBT Module
Schneider 2008 Model No. VZ31M2195M127
• Control Boards - 12 Units
Three (3) 2008 Schneider Altivar 61 Model No. VX4A611 OOY Three (3) 2008 Schneider Altivar 71 Model No. VX4A71100Y Six (6) 2008 Schneider Control Terminal Board Kit Model No. VX4A1104 • Inverters - 9 Units
Nine (9) 2008 PRX USA 18 Pulse Inverter Model No. X349262G84 • Resistors - 9 Units
Nine (9) 2008 Power OHM 400W Resistors
• 18 Pulse Transformers - 9 Units
Eight (8) Trenco 75HP, One (1) 125HP
• Variable Frequency Drives - 12 Units
Nine (9) Schneider Altivar 61, Three (3) Altivar 71
BE IT FURTHER RESOLVED by the City Council of the City of Reedley as follows:
a. That the 1999 Pierce Quantum Fire Pumper VIN
#4PICT025S8XA001220 is declared surplus; and
b. Said surplus fire pumper is authorized for donation to the Valley Regional Occupation Program at such time as deemed
convenient and appropriate by the Reedley Fire Chief.
2. That the Purchasing Manager, or designee, is hereby authorized to proceed with public surplus of these items to the best advantage for the City of Reedley.
The foregoing resolution is hereby approved on June 27, 2023 by the following vote:
AYES:
NOES:
ABSTAIN :
ABSENT:
APPROVED:
Anita Betancourt, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
DATE: June 27, 2023
REEDLEY CITY COUNCIL
IZ] Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: . 5 --- -
TITLE: ADOPT RESOLUTION NO. 2023-045 APPROVING THE FINAL MAP FOR TENTATIVE PARCEL MAP NO. 2021-03 AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A SUBDIVISION IMPROVEMENT AGREEMENT
BY AND BETWEEN THE CITY OF REEDLEY AND THE UNITED HEAL TH
CENTERS OF THE SAN JOAQUIN VALLEY
SUBMITTED: Rodney L. Horto~ : h,;k,-
Community Dev~f6~m;nt Director
Marilu Morafes. \ .·. l. .. t\ ·.
City EngineerJ"'V"'~
APPROVED: Nicole R. Zieba
City Manager
RECOMMENDATION
Adopt Resolution No. 2023-045, approving the Final Map for Tentative Parcel Map Application No. 2021-03, and authorize the City Manager to execute a Subdivision Improvement Agreement by and between the City of Reedley and the United Health Centers of the San Joaquin Valley.
EXECUTIVE SUMMARY
The owner of Tentative Parcel Map Application No. 2021-03 is requesting the City Council approve the final map associated with the application in accordance with Section 11-3-13 of the Reedley Municipal Code .
. BACKGROUND
Tentative Parcel Map Application 2021-03 was approved by the Reedley Planning Commission on September 15, 2022 (via Resolution No. 2022-11 ); consisting of the subdivision of approximately 19±_ acres of commercially zoned land located at 1790 E.
Manning Avenue (363-070-49) and includes easement dedication to accommodate ten (10) parcels and one (1) storm water basin. Proposed Parcel 10 would encompass the existing building of the clinic that is owned and operated by the United Health Centers of the San Joaquin Valley. There is also a proposed thirty-foot (30') easement for a public open space
trail proposed on the north and east side of the entire site. Also proposed are cross-access easements to provide access to land-locked parcels within the project site. The tentative parcel map application was previously deemed to be consistent with both the Reedley General Plan and Reedley Municipal Code. At this time, the developer has submitted a final map for the project site for City Council's approval in accordance with Section 11-3-13 of the Reedley Municipal Code.
Due to the nature of the parcel map, public improvements are proposed and a Subdivision Improvement Agreement, in accordance with Section 11-211 of the Reedley Municipal Code, has been prepared for the dedication of rights of way for streets, public places, and easements as delineated and shown on the proposed final parcel map.
Similar to all actions previously taken by the Reedley Planning Commission and City Council related to this project, all approvals must be, and are, consistent with the approval/completion of Annexation Application No. 2017-02, which was subjected to the Local Agency Formation Commission (LAFCo) application process and approved by said Commission on November 14, 2018. It should be noted that since that time, the United Health Centers of the San Joaquin Valley has opened a full-service clinic and Community Development Department staff have approved Site Plan Review Application No. 2022-05 on March 10, 2023. Site Plan Review Application No. 2022-05 pertains to the construction of a mixed-use project consisting of seventy-one (71) units of affordable senior housing and one (1 )-manager's unit, which is a total of seventy-two (72) units.
The City Surveyor and staff have reviewed the final parcel map submission for conformance to boundaries, public easement locations, dedications, closure calculations and other required information. The Community Development Director has consequently found the map to be in substantial compliance to the tentative map approval, with engineering staff having determined that the identified easements will allow for the required improvements. As such, staff submits said map and the accompanying subdivision improvement agreement for consideration of approval.
FISCAL IMPACT
All fees associated with the processing of Tentative Parcel Map Application 2021-03 were paid prior to Planning Commission action.
PRIOR COUNCIL ACTIONS
On June 12, 2018, via Resolution 2018-060, the City Council adopted Environmental Assessment No. 2017-07, a Mitigated Negative Declaration, dated April 26, 2018, prepared for Annexation Application No. 2017-02, Site Plan Review Application No. 2017-03, and Change of Zone (Pre-Zone) Application No. 2017-02. On that same date, via Resolution 2018-062, City Council requested the LAFCo take proceedings to annex the project area into the City of Reedley. Approval of such items took place at LAFCo public hearings on November 14, 2018. Approval of this final parcel map is consistent with previous local approvals, as well as LAFCo actions.
ATTACHMENTS
1. Resolution No. 2023-045
2. Subdivision Improvement Agreement
a. Cost Estimate
3. Tentative Parcel Map 2021-03 Exhibit
RESOLUTION NO. 2023-045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY APPROVING THE FINAL MAP FOR PARCEL MAP NO. 2023-045 AN
AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBDIVISION
IMPROVEMENT AGREEMENT BY AND BETWEEN THE CITY OF
REEDLEY AND THE HEAL TH CENTERS OF THE SAN JOAQUIN VALLEY.
WHEREAS, Tentative Parcel Map Application No. 2021-03, on APN 363-070-49, was approved by the Reedley Planning Commission on September 15, 2022; and WHEREAS, the owner of Tentative Parcel Map Application No. 2021-03 is requesting the City Council approve the final map for the project in accordance with Reedley Municipal Code 11-3-13; and
WHEREAS, the approval of this parcel map is sought to allow for the individual purchase and subsequent development of each parcel associated with Tentative Parcel Map Application No. 2021-03, which was approved by the Reedley Planning Commission on September 15, 2022, by Resolution No. 2022-11; and
WHEREAS, public improvements are proposed and a Subdivision Improvement Agreement, in accordance with Section 11-211 of the Reedley Municipal Code, has been prepared for the dedication of rights of way for streets, public places, and easements as delineated and shown on the proposed final parcel map.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Reedley using their independent judgment hereby resolves as follows:
1. That certain final map of Tentative Parcel Map Application No. 2021-03, has been reviewed by the City Engineer, that all provisions of law and of Chapters 1 through 5 of Title 8 of the Reedley City Code, have been complied with, and that said parceling as shown is substantially the same as it appears on the tentative map thereof, as approved by the Planning Commission on September 15, 2022, by Resolution No. 2022-11, is hereby approved and the dedication of easements and right-of-ways made on said map are hereby accepted subject to the installation of improvements therein, and technical corrections made, in accordance with the following conditions:
All required easements required for ultimate placement of public services, based on the approved Tentative Parcel Map Application No. 2021-03 for which this parcel map follows the proposed lines thereof, are properly identified and listed on the parcel map; and
Technical corrections relating to monument placement and notation, closure calculations, and other minor drafting notations as deemed appropriate by the City Engineer; and
2. Be it further resolved that the City Engineer and Community Development Director shall review the technical corrections made to the map, and provide concurrence that all required corrections have been made to said map; and
3. Be it further resolved that the City Council of the City of Reedley directs the Clerk of the City of Reedley to execute the Final Map and transmit said Final Map to the Fresno County Recorder's Office for recordation.
This foregoing resolution is hereby approved the 27th day of June, 2023, in the City of Reedley, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Anita Betancourt, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
Recorded by and for the
benefit of, and When
Recorded Mail to:
City of Reedley
Community Development Department
1733 9th Street
Reedley, CA 93654
Exempt from recording fees - Gov. Code Section 27383 SPACE ABOVE THIS LINE FOR RECORDER'S USE SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP NO. 2021-03 (UNITED HEAL TH CENTERS OF THE SAN JOAQUIN VALLEY)
This Subdivision Improvement Agreement ("Agreement") is made and entered into effective on _________ • 2023 ("Effective Date"), by and between the City of Reedley, a municipal corporation, hereinafter referred to as "City" and the United Health Centers of the San Joaquin Valley, a California Corporation, hereinafter referred to as "Subdivider." RECITAL,.~
Whereas, a final parcel map (Parcel Map No. 2021-03), has been filed with the City Clerk of the City of Reedley for presentation to the City Council for its approval, which map is hereby referred to and by such reference incorporated herein; and WHEREAS, the City requires, as a condition precedent to the acceptance and approval of said parcel map, the dedication of such rights of way for streets, public places, and easements as are delineated and shown on said parcel map, and deems the same as necessary for the public use, and also requires that any and all rights of way for streets, public places, and easements delineated and shown on said final map shall be improved by the construction and the installation of the improvements hereinafter specified; and WHEREAS, Section 11-211 of the Reedley Municipal Code allows, as a condition to City's approval of the parcel map, for the Subdivider to enter into a subdivision improvement agreement which provides for the Subdivider to complete improvements within a reasonable time following approval of the parcel map.
NOW, THEREFORE, in consideration of the foregoing recitals which are a substantive pmt of this Agreement, Subdivider and the City do hereby mutually agree as follows:
AGREEMENT
1. Subdivider shall, at its own cost and expense, construct all of the improvements, furnish all the materials and do all the work herein above hereinafter mentioned, all in accordance with Standard Specifications of the City, and in accordance with and to the extent provided in those certain plans entitled "Construction Plans for United Health Centers of the San Joaquin Valley" prepared by Tri City Engineering, approved by the City Engineer and by the City Council by Resolution No. 2023- 045 and now on file in the office of the said City Engineer ("the Plans"), to which Plans reference is herby made, and the same are herby adopted and incorporated herein the same as if fully set forth herein verbatim, and in compliance with the provisions of Title's 8 and 11 of the Reedley Municipal Code relating to regulations and standards of the subdivision of land in said City and for preparation and presentation of subdivision maps therefor and in accordance wjth the listed items set forth on the Engineer's Cost Estimate "Engineers Cost Estimate UHC-Parcel Map No. 2021-03 Buttonwillow and Manning Off-Site Civil Improvements" dated May 25, 2023, attached hereto and made a part hereof as Exhibit "A".
Subdivider hereby agrees that the improvements required to be installed as set forth herein are necessary and will materially benefit the property within the parcel site and shall complete the same no later than two (2) years from the Effective Date of this Agreement. Prior to recordation of the parcel map, Subdivider shall (i) petition and request that the City annex the parceled land into City's Landscape, Lighting and Maintenance District ("LLMD"), as determined by the City Engineer, for the maintenance and operation of landscaping and lighting facilities. Annexation of the property comprising the parceled land into the City's LLMD is a condition precedent to the City's obligation to issue a building pennit for development or improvement of any parcel within any portion of the parceled land.
The Subdivider shall provide on-site improvements subject to review and approval of the City of Reedley. For purposes of this agreement, the term "improvements" shall mean only improvements in the public rights-of-way easements and property for streets, sidewalks, storm drains, sewer mains, water mains, landscaping, utilities and related facilities.
The Subdivider shall install all improvements specified in the Plans. In addition to said improvements, Subdivider shall install all improvements required by and otherwise comply with the Conditions of Approval adopted by the Reedley Planning Commission by Resolution No. 2022-11. 2- Any work required under this Agreement and not mentioned in the above-described Plans and specifications shall be constructed in accordance with the Standard Specifications of the City of Reedley. If the City has no Standard Specifications for any of said work, it is agreed that the same shall be done and performed in accordance with the most current "Standard Specifications of the State of California, Division of Highways". All of said work, improvements and materials shall be completed, performed and installed under the supervision of and to the satisfaction of the City Engineer of the City of Reedley.
3. Subdivider shall provide for the installation of all gas, electric, telephone, Cable T.V., private irrigation pipelines and other public utility lines and facilities and shall grant easements therefor. All underground utilities and improvements in streets and alleys shall be installed before surfacing of said streets and alleys. The Subdivider shall comply with all requirements of Title 11 of the Reedley Municipal Code concerning installation of Cable T. V. lines and facilities, and shall give all notices required by that title.
4. Prior to the approval of said parcel map by the City Council, and as a condition precedent to the recordation thereof, and in order to secure for the City the faithful performance by Subdivider of all work and the construction of all improvements mentioned in this Agreement including the placement of all monuments as per said parcel map, with in the time herein specified, Subdivider shall furnish the foUowing to the City:
1. a good and sufficient surety bond or other security acceptable to City securing the faithful performance of all work and the construction of aU improvements herein mentioned in this agreement within the time specified and in the sum of eight hundred seventy-six thousand thirty-five US dollars and fifty US cents ($876,035.50); plus an amount for cost and reasonable expenses and fees, including reasonable attorney's fees incurred by the City to enforce the secured obligation; and
11. a good and sufficient surety bond or other security acceptable to City securing the payment by Subdivider of all bills for labor, work and materials incurred in the construction of all said improvements and the performance of all work herein agreed to be done by said Subdivider, and amounts due under the Unemployment Insurance Act with respect to such work or labor, the amount of said bond to be four hundred thirty-eight thousand seventeen US dollars and seventy-five US cents ($438,017.75); plus an amount for cost and reasonable expenses and fees, including reasonable attorney's fees inc111Ted by the City to enforce the secured obligation.
Before acceptance of the subdivision improvements and the release of the faithful performance bond and the labor and materials bond, the Subdivider shall file with the City Clerk a surety bond or other security acceptable to the City to guarantee the repair of any of the improvements which may be found to be defective in work, labor, or materials within one (1) year after the written acceptance of the improvements by the City. Said Security shall be for eighty-seven thousand six hundred three US dollars and fifty-five US cents ($87,603 .55); plus an amount for cost and reasonable expenses and fees, including reasonable attorney's fees incuITed by the City to enforce the secured obligation; and All bonds required by this section shall be issued by a corporate surety authorized to do surety business in California and shall be on forms acceptable to the City.
5. The Subdivider shall protect, indemnify, and hold harmless the City of Reedley, its Council, officers, officials, employees and volunteers thereof from any and all liability or claims (in contract, tort, strict liability or otherwise, including but not limited to personal injury, death at any time or property damage), because of or arising out ofSubdivider's performance of this Agreement, or out of, any accident, occurrence, loss, damage or happening occurring upon or arising out of the construction of any of the improvements herein or the use by any person of any patent or patented articles in the construction of said work or improvements. The forgoing obligations shall survive completion or termination of this Agreement. The Subdivider agrees that the use of any and all streets and improvements herein above specified shall be, at all times prior to the final acceptance of said improvements by the City Council, the sole and exclusive risk of the Subdivider. The issuance of any occupancy permits by City for dwellings located within the said subdivision shall not be construed in any manner to be an acceptance and approval of any or all of said streets and/or improvements in said subdivision.
6. Subdivider, before commencing work pursuant to this Agreement, shall obtain and maintain in full force and effect during the performance of the work at his own expense and risk, policies of insurance as follows and shall furnish evidence of such insurance by filing a cetiificate of insurance with the City Clerk. Such insurance shall name the City of Reedley, its Council, officers, officials, employees and volunteers as insured or additional insureds, and shall indemnify the City and said persons against liability for loss or damage for personal injury including death, and property damage occasioned by the operations of the Subdivider or its employees, contractors or subcontractors under the terms of this agreement in the minimum limits as follows:
I. a) General Liability. $2,000,000 combined single limit per occuITence for bodily injury, personal injury and prope1iy damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occuITence limit.
b) Automobile Liability. $2,000,000 combined single limit per accident for bodily injury and property damage.
c) Worker's Compensation and Employer's Liability . Worker's compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident.
11. The policies are to contain, or be endorsed to contain, the following provisions:
a) General Liability and Automobile Liability Coverages. i) The City, its Council, officers, officials, employees and volunteers are to be covered as insureds as respects liability arising out of activities performed by or on behalf of the Subdivider, products and completed operations of the Subdivider, premises owned, occupied or used by the Subdivider, or automobiles owned, leased, hired or borrowed by the Subdivider. The coverage shall contain no special limitations on the scope of protection afforded to the City, its Council officers, officials, employees, or volunteers.
ii) The Subdivider's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or selfinsurance maintained by the City, its Council, officers, officials, employees, or volunteers shall be excess of the Subdivider's insurance and shall not contribute with it.
iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its Council officers, officials, employees or volunteers.
iv) The Subdivider's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
b) Worker's Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work perfonned by the Subdivider under this agreement.
c) All Coverages. Each insurance policy required by this clause shall be issued by a corporate insurer authorized to do insurance business in California and shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thi1ty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Such notice requirement shall not contain "shall endeavor", "best efforts" or similar qualifiers. 111 . Verification of Coverage. Subdivider shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Where by statute the City's worker's compensationrelated fo1ms cannot be used, equivalent fonns approved by the Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, ce1tified copies of all required insurance policies, at any time. If such insurance is provided in either case by a policy or certificate which covers the Subdivider or other entity or person than the City of Reedley, such policy shall contain the standard fonn of cross liability endorsement. Such insurance shall also specifically insure contractual liability assumed by Subdivjder under the terms of this agreement.
7. Time is of the essence of this Agreement; provided, however, that in the event good cause is shown therefor to the City by Subdivider, City may extend the time in which the aforementioned improvements may be made and completed under this agreement. Said extensions oftime, if any, may be granted without notice to the surety and any extensions so granted shall not relieve the surety bond or other security deposited with the City given to secure Subdivider's perfonnance under this agreement. City shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension of time hereunder.
8. All pipes and monuments shown on the final map hereinafter referred to which are destroyed or displaced during construction operations shall be replaced by Subdivider by the time of the final inspection of the improvements hereunder by the City.
9. It is agreed that title and ownership of any improvements constructed hereunder by Subdivider shall vest absolutely in City upon completion and acceptance of such improvements by the City Council.
10. It is mutually understood and agreed that neither Subdivider nor any of its agents, employees or contractors are or shall be considered to be agents of the City of Reedley in connection with the perfonnance of Subdivider's obligations under this agreement.
11. Subdivider shall pay to the City, for all engineering, inspection and other services provided by City in accordance with this Subdivision, amounts as set fotth by adopted City ordinance and resolution in effect at time of payment. City shall, at the completion of the improvements provided for herein, furnish the Subdivider with a statement of all charges for services performed by the City in the event said actual costs exceed the payment previously made by Subdivider for such services. The Subdivider shall complete payment for such charges within thirty (30) days after receipt of such statement of actual costs.
12. Subdivider agrees that if, within a period of one ( 1) year after final acceptance of the work done under this Agreement, any improvements or part of any improvement furnished and/or installed or constructed or caused to be constructed by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the Plans and other plans and specifications referred to herein, Subdivider shall, without delay and without any cost to the City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or pmis of the work or improvements. The terms of this section shall not apply to any damage caused by acts of God. Should Subdivider fail to act promptly or in accordance with this requirement, or fail to do the construction as agreed upon herein, or should the exigencies of the case require repairs or replacements to be made before the Subdivider can be notified, the City may, at its option, make the necessary repairs or replacements or perform the necessmy work and the Subdivider shall pay to the City the actual cost of such repairs plus thi1iy percent (30%) to cover the City's indirect and overhead costs. If the Subdivider fails to pay to the City the cost repairs plus thirty percent (30%), the City may, without limiting the Subdivider's liability therefor, file a claim against the bond posted to guarantee and warrant the work.
13. The Subdivider and his/her contractors shall pay when due for any materials, wages, subcontracts, labor, provisions, or other supplies and items used in conjunction with the work performed for the subject subdivision including, but not limited to, unemployment insurance and any other incidentals arising out of any necessary work or labor.
14. The Subdivider shall comply with all Street, Plumbing, Building, Electrical, Zoning Codes and any other applicable Codes, ordinances, standards and regulations of the City. Subdivider shall submit the proposed conditions, covenants, and restrictions to sales oflots within this subdivision to the City of Reedley for review and approval prior to any execution thereof.
15. If Subdivider fails to construct the improvements upon the tenns and within the time required, City may complete or cause completion of the required improvements and assess the actual cost of completing the required improvements and file a claim against the bond posted to secure faithful perfonnance of the works.
16. When the improvements are completely installed and accepted by the City Council and there is full performance pursuant to this agreement, City agrees to release Subdivider and the described prope1iy from fu1iher obligation under this Agreement, except for those obligations, including but not limited to Section 6 and 13, that by their nature continue after tennination or completion of th is Agreement.
17. All covenants in this Agreement shall pe1iain to and run with the described real prope1iy and shall apply to, bind, and inure to the parties and the contractors, heirs, executors, administrators, assigns or successors in interest of the respective parties hereto.
18. Any notice required by law or by this Agreement shall be given by personal delivery of first class U.S. Mail. Notice by personal delivery will be effective on delivery and notice by mail will be considered effective three days after it is deposited in the U.S. Mail, postage paid, addressed to the City of Reedley, 1733 Ninth Street, Reedley, CA 93654 or to Subdivider, United Health Centers of the San Joaquin Valley, 3875 West Beechwood Avenue, Fresno, CA 93722, at their respective addresses as of the date of this Agreement, unless written notice of change of address has been received by the other party. If any action is required to enforce the provisions of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney fees to be detennined by a Court.
19. The Subdivider shall have a record drawing prepared by a civil engineer which denotes the final disposition of the improvements as constructed for water, sewer, storm drain, curb and gutter, and streets.
Said "as-built" drawing shall be prepared and submitted to, and approved by, the City Engineer prior to the City Council's acceptance of the improvements.
IN WITNESS WHEREOF, the patties have signed this agreement to be effective as of the Effective Date in the opening paragraph.
CITY OF REEDLEY, a municipal corporation
BY: _____________ _
Nicole R. Zieba, City Manager
(Notary Acknowledgement to be Attached)
ATTEST:
BY: ---------------
Ruthie Greenwood, City Clerk
APPROVED AS TO FORM:
BY:
---------------
Laurie Avedisian-Favini, City Attorney
UNITED HEAL TH CENTERS OF THE SAN
JOAQUIN VALLEY, a California Company
BY: --------------
Justin Preas, President & Chief Executive
Officer
(Notary Acknowledgement to be Attached)
RECOMMEND APPROVAL:
BY: ___________ _
Rodney L. Horton,
Community Development Director
engineers ~ surveyors
ENGINEERS COST ESTIMATE
UHC - PARCEL MAP NO. 2021-03
BUTTONWILLOW AND MANNING
OFF-SITE CIVIL IMPROVEMENT PLANS
OFFSITEIMPROVEMENTS
EXHIBIT "A"
- -
4630 W. Jennifer Ave. Suite 101
Fresno, CA 93722-6415
(559) 447-9075
Fax: (559) 447-9074
www.TriCityEngineering.com
Item No. Descrrption Unit Quantity Unit Price Extension 1 2" DOMESTIC WATER SERVICE W/ METER BOX EA
2 4" DOMESTIC WATER SERVICE W/ METER BOX EA
3 8" WATER MAIN FIRE SERVICE LATERAL LF
4 FIRE HYDRANT ASSEMBLY EA
5 12" C900 PVC DR14 WATER MAIN LF
6 DOUBLE DETECTOR CHECK ASSEMBLY FIRE SERVICE EA
7 4" SEWER LATERAL SERVICE LINE CONNECTION '=A
8 48" STORM DRAIN MANHOLE EA
9 48" SEWER MANHOLE EA
10 18" PVC SOR 26 SEWER MAIN LF
11 2" BLOW OFF ASSEMBLY WITH CAP EA
12 TYPE A STORM DRAINAGE INLET ,A
13 LED STREET LIGHT - SINGLE HEAD EA
14 CALTRANS NO. 3-1 /2 PULL BOX EA
15 2" SCH. 40 PVC ELECTRICAL CONDUIT LF
16 SAW CUTTING LF
17 ROADWAY EXCAVATION AND GRADING CY
18 HOT MIX ASPHALT TYPE A (HMA-A) TON
19 TYPE II SLURRY SEAL SY
20 AGGREGATE BASE CLASS 11 TON
21 CONCRETE SIDEWALK SF
22 STAMPED CONCRETE MEDIAN SF
23 COMMERCIAL DRIVE APPROACH EA
24 CURB AND GUTTER LF
25 MEDIAN CURB LF
26 NATIVE SOIL BACKFILL CY
27 STRIPING, MARKINGS, & SIGNAGE LS
16 $ 3,000.00
2 $ 4,000.00
125 $ 35.00
$ 10,000.00
381 $ 50.00
i $ 2,800.00
6 $ 1,200.00
2 $ 7,000.00
2 $ 7,000.00
402 $ 80.00
1 $ 3,500.00
1: $ 8,000.00
g $ 8,500.00
9 $ 600.00
1,158 $ 25.00
6122 $ 2.00
980 $ 25,00
980 $ 160.00
1,140 .oil
1,310 $ 35.00
11714 f: 10.00
5015 $ 15.00
5 $ 4,500.00
1206 $ 35.00
1470 s 30.00
62 $ 30.00
1 $ 15,500.00
CONSTRUCTION TOTAL
$
$
$
$
$
$
$
$
$
$
$
$
$
$
s
$
$
$
$
s
$
$
$
s
$
$
48,000.00
8,000.00
4,375.00
40,000.00
19,050,00
5,600.00
6,000.00
14,000.00
14,000.00
32,160.00
3,500.00
8,000.00
76,500.00
5,400.00
28,950.00
12,244.19
24,500.00
156,800.00
4,560.00
45,850.00
117,136.97
75,225.79
22,500.00
42,208.95
44,114.59
1,860.00
15,500.00
$876,035.50
Printed:
5/25/2023 2:52 PM
03/27/2023
PARCEL MAP NO. 2021-3 NORTH QUARTER CORNER SEC. 24,
T15S/R23E, FOUND 1", INSIDE DIA. IP,~
DN 0.8', TAGGED "RCE 13352".
SEE C.R. No. 8206 i \
WEST QUARTER CO~NER SEC. 24, Consisting of Two Sheets "'? c- EAST QUARTER CORNER T15s/R23E 3 1/2 F.c.B.c.M. Sheet Two of Two I-:-~ sEc 24 T15s/R23E FD [
STAMPED FOR CORNER, SET IN io . st: r-: • . ' " '
CONCRETE, FLUSH WITH ASPHALT. C! j i;,n 1 IP DN 7 BELOW SEE C.R. No. 8077. ~ _ ~~ )ASPHALT, TAGGED LS 7058
/1 - .. - .. - .. - .. - .. - . --. . - .. - .. - .. - .. - .. EAS!~~_RLI~_R_".-YEN_~~ ~LIG_~ME_~~ .. - .. - . · 131ui((N89"50'W 1311:3')) .. - .. - .. - .. - .. - .. - .. - .. - .. - .. - .. - .. - .. - .. - .. -~~9"32_'04"Yi -=-~~5.1~: _5_s~_9·3~--~-;~~~23~~-~3~((N89;50'W 13·1·1~•~4~-2622.39'(2s22j9'5. ·-.f--. -=-· SEE C.R. No. 9119 1 ~ 2622·
74' <22;.2-55') ~ i
1 ~CALC POSITION OF THE
.-.. •a,: : P CENTER QUARTER OF SEC.
;., O!I CALC POSITION OF THE NORTHWEST CORNER OF THE o I o ~ 24, T15S/R23E. ~ ~: SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER ~: ~ ~
: :~o~ SEC 2~ T1SS/R2JE- .. - .. - .. - .. - .. - .. - .. - .. - .. - .. - .. - .. - .. - .. - .. - ss9·2•:•1"E _1_>.12.34' .l(NB~5J.'!_ 1J12.J2')). - .. - .. - .. - .. - .. - .. - .. - . . - .. - .. - .. - .. - .. - .. - .. - .. - .. - .. - .. - . 4,; -t ;., N 0
N b b o
0 z ~ z ~
~ ~
;....
Ol
,..j
I')
<0
N
w
"' "v ~ ~I
N ~:
~ '°I
<0
;;;1
~ ~-r -- 0 , 53. so·~~ ·- b
0 178.44' 224.17' 155.58'
S89"29'41"E 1312.81'
1259.31'
432.75'
-30'-trlr
-·; ·- 268.37'
-:.,.
~I
co.
I').
'°1
z
~ -r-------------------- ------------------------------ ------------------------------------- -- -----------------------------------------------7 w
::::,
z
w
~
$
g
...I
-
$
z
0 I=
::::,
a::i
I
I-
::::,
0 l/l
ro
Ol
<0 '
1 I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
~
I')
1 7'-
-:.,.
<0
<xi
~
<0
30 .
,_
i ~3.50'*
PARCEL 1
54.631 S.F.
1.25:f ACRES
__ 1_17• EASEMENT GRANTED
1 TO GENERAL TELEPHONE
I COMPANY OF CALIFORNIA i PER DOCUMENT No. 11809
: RECORDED IN BOOK 5761,
1 AT PAGE 559, F.C.R.
I
I
I
- i-10· I
I
.., l
0 I
PUE
w
• Ol
~
0 I')
b
z
NI I II
0 · :-1 177.79' -. -.-
I co ' . I w i 't·- ,. I
'~
PARCEL 2
68.757 S.F.
1.58:f ACRES
224.17'
N89'29' 41 "W 557 .54'
°N OUTLOTA ~
co FOR STORM
I')
0 WA1ER BASIN
w 47,720 S.F. ~ 1.10:f ACRES ~
0 I')
b
z
I -- ·-- 155.58'
°N
~
co
0 I')
io
0 oi
~
w
• I Ol --.:. T"""
__ .,,,. 0 ,..,
b
z
PARCEL J
190,064 S.F.
4.J6:f ACRES
io
~
~ w
•
Ol
~
0 I')
b
z
PARCEL 4
11 B.209 S.F.
2.71± ACRES
I
0 ;.,
N
b
z -trl(30•-,---
PARCEL 10
155,291 S.F.
J.56:f ACRES
°N
0 ,,. ---- 134.39
167.02' -· 32.6:?- \'·- 202.06'
N89'27' 17"W 836. 76'
432.75'
117.65' -;· ··.:-
i....: Ol N N .
I_
OU."1-1 172Jl6' 92,::i::i --:,.·• y-
~ 0 O N N
I I~ w PARCEL 9 ~ PARCEL 8 r-: PARCEL 7 ~ PARCEL 6 ~ : * ~ J2,906 S.F. - J9,809 S.F. ~ 2J, 179 S.F. ~ J4,076 S.F. ~ 1-42•-- a 0.76:f ACRES .1-1-1 0.91:f ACRES J-u 0.5J:f ACRES w 0.78% ACRES w - - i-1 O' PUE ~ ~ lCl 'in 'in
269.62'
177.07'
PARCEL 5
J4,B87 S.F.
0.80:f ACRES
-.. . .._ I
I -·.~.:.
l -1 1
I
I
°N
0 i....:
Ol
0 Ol
i....:
~
I')
~
b
0 Vl
~
Iz
w
:a
z
(!)
1--1
...I
<(
w
::::,
z
w
>
<(
~ <(
$
:a
::::,
N
I
I-
::::,
0 l/l
1 SPECIFIC PLAN LINE FOR MANNING z o !.'l !.'l n
: AVENUE PER DOCUMENT No. 42511, ~ ~ ~ ~ SOUTH QUARTER CORNER SEC. 1 RECORDED MAY 11, 1981 IN- z ~ ~ b
\t l VOLUME 6, PAGES 1 THUR 4, F.C.R. 10' PUE 10' PUE 2 24, T15S/R23E, FD. 3 1/2" \,_~1-~----,1~----~:----__ ------------- ?Tl ..,,,_,------------ -::~ - ___ ------ 1 fl7 n?'C_ __ -- -.':;_ -------?n? ni,.T _________ -- -!-:;_----117-.,,:r---::I:- -::: __ [ ___ 1-'i"""""-------:::- ~----- -----177/'i?'----~ -~- fi~~?-R~· N~~- 8~-~~- IN ASPHALT. t -.... __ , f N89'27'17"W 1114.12' f t t o
40'* l EAST MANNING AVENUE 40'* -3-tr 40'* ~
~-SOUTHWEST CORNER. SEC. 2:. 15S/R23E- .. - .. - .. - .. - .. - .. - .. - .. - . . . N~:.~~:~~~(~i:~F ~i~f ~:~"W- 2626·63'). - .. - .. - .. - .. - .. - . . l .. - .. - .. - .. - . . - .. - .. - t . --,It .. --./'- .. - · 1 ·~3_.;31.'._ .. - . :-\
\_FD. 3 1/2" F.C.B.C.M. STAMPED FOR 40' STRIP OF LAND CONDEMNED AND TAKEN CORNER, DN 0.2' IN ASPHALT. _FOR PUBLIC USE PER DOCUMENT No. 128768 SEE C R No. 8079 RECORDED DECEMBER 1, 1977 IN BOOK 6925, . . AT PAGE 510, OFFICIAL RECORDS
18 -N
-1()
I:;;
·<0
"N
!~
·<0
10 b
:o
18 .......
11ri
:i....:
1:2
. N
i~
-~
-~
i"~
·b
i~
i~
-~
·n
I~
CURVE TABLE
CURVE LENGTH RADIUS DELTA
C1 34.04' 21.71' 89"50'24•
LINE TABLE
LINE LENGTH BEARING
L1 97.56' N89"27' 17"W
L2 29.08' S65"05'08"E
Legend
( (
0 *
FOUND MONUMENT AS DESCRIBED, ACCEPTED
FOR THIS SURVEY, UNLESS NOTED OTHERWISE
SET 3/ 4" I.D. STEEL PIPE, 15" LONG (MIN)
ACCORDING TO ST-41 OF CllY STANDARDS,
TAGGED LS 5503
RECORD DATA PER RECORD OF SURVEY
RECORDED IN BOOK 57 OF RECORD OF
SURVEYS AT PAGE 41-4 7, F.C.R.
)) RECORD DATA PER RECORD OF SURVEY
RECORDED IN BOOK 15 OF RECORD OF
SURVEYS AT PAGE 34, F.C.R .
HEAVY SOLID LINE INDICATES THE LIMITS OF
THIS SUBDIVISION.
INDICATES AREA NOW OFFERED FOR
DEDICATION FOR PUBLIC STREET EASEMENT
PURPOSES.
INDICATES AREA GRANTED TO COUNlY PER
DOC. No. 90026076 RECORDED 03.07.1990.
* INDICATES AREA NOW OFFERED FOR DEDICATION
FOR PUBLIC OPEN SPACE TRAIL EASEMENT
PURPOSES.
*
PUE
INDICATES AREA PREVIOUSLY OFFERED FOR
DEDICATION FOR PUBLIC STREET EASEMENT
PURPOSES.
INDICATES AREA NOW OFFERED FOR DEDICATION
FOR PUBLIC UTILllY EASEMENT PURPOSES .
F.C.R. FRESNO COUNlY RECORDS
O.R.F.C. OFFICIAL RECORDS OF FRESNO COUNlY
* DISTANCES NOT MONUMENTED ARE
CALCULATED.
** ALL DISTANCES ARE IN FEET AND
DECIMAL FEET THEREOF.
Notes:
SET 3/ 4" I.D. STEEL PIPE, 30" LONG (MIN.),
6" DOWN, ACCORDING TO ST-41 OF CllY
STANDARDS, TAGGED LS 5503 AT ALL LOT
CORNERS AND AT THE BEGINNING AND END
OF ALL CURVES.
Basis of Bearings
THE SOUTH LINE OF THE SOUTH WEST QUARTER
OF SECTION 24, TOWNSHIP 15 SOUTH, RANGE 23
EAST, MOUNT DIABLO BASE AND MERIDIAN, TAKEN
TO BE NORTH 89'27' 17" WEST, PER RECORD OF
SURVEY FILED IN BOOK 57, PAGES 41-47 F.C.R.
REEDLEY CITY COUNCIL
DATE: June 27, 2023
D Consent
~ Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: (p ~- --
TITLE: APPROVE AND AUTHORIZE CITY MANAGER TO EXECUTE ALL DOCUMENTS
PERTAINING TO A SOLE SOURCE PURCHASE AND INSTALLATION OF POLICE & FIRE PUBLIC SAFETY RADIO COMMUICATIONS SYSTEMS UP TO A TOTAL COST OF $1,262,575 WITH APPROPRIATIONS PREVIOUSLY APPROVED SUBMITTED: Paul A. Melikian, Assistant City Manager ~
APPROVED: Nicole R. Zieba, City Manager
RECOMMENDATION
Approve and authorize the City Manager to execute all documents pertaining to a sole source purchase and installation of Police and Fire Public Safety radio communications systems for up to a total cost of $1,262,575 with appropriations previously approved in the FY 2023-24 Adopted Budget.
EXECUTIVE SUMMARY
In 2020, State Senator Melissa Hurtado (then representing Reedley) submitted several budget requests on behalf of the City of Reedley, including a request for $1.5 million to replace and upgrade Reedley's aging police & fire public safety communications equipment. After some time had passed, the City was informed in the spring of 2022 that the request was included in the FY 2022-23 State budget, and funded from the record budget surplus that was projected at that time.
The attached quotations from Motorola Solutions, HCC Tactical and Vincent Communications, Inc. cumulatively total $1,262,575, and covers the full radio communications systems upgrades for the police and fire departments. The Police Department's portion of the upgrade cost is anticipated to cost $1,103,224 and the Fire Department's portion at $159,351, which will replace every pager, handheld, mobile and base radio at the Fire Department.
BACKGROUND
The City's goal in this project is to create well-maintained infrastructure and provide an efficient, safe, connected, and prepared first responder radio communications network. This project is critical to public safety, response times to emergency calls and first responder safety. A fast, reliable, clear and encrypted communications network, with up-to-date software, hardware and virus protection will provide not only safety and expediency, but also compliance with State regulations regarding public safety communications.
The majority of the Kenwood multi-band radios currently being used by the Police Department were purchased in 2011 and have exceeded their useful life, and do not have the ability to operate on a digital compliant radio system with encryption capabilities. The department also currently utilizes a combination of Kenwood and Motorola portable radios that do not have multi-band capabilities or encryption mode.
Additionally, radio replacement parts will no longer be manufactured, making radio repairs nearly impossible. Furthermore, radios will need to be encryption enabled to be compliant with the California Department of Justice mandates that all transmissions of personal identifiable information and criminal justice information be encrypted to reduce the unauthorized use of confidential information over the public safety radio systems statewide.
Purchasing Authority
Reedley Municipal Code Section 1-9B-3 stipulates that single purchases in excess of $75,000 are to be authorized by the City Council and made pursuant a formal bid procedure, unless the purchase can be made under specified bidding exceptions, which includes cooperative and sole source purchasing. The majority of this purchase - for the police department radio upgrade specifically - is being done under a sole source purchase as J's Communications, Inc. in Fresno is the premier, local Motorola certified dealer and installer with the experience, knowledge and capabilities to effectively install, maintain and update a multiple site, repeated and voted public safety radio system. The relationship between the Police Department and J's Communications, Inc. has been a service partnership for over 20 years. They have maintained the City's public safety base station radio systems, tower installations and maintenance and expansion into a voted repeater system with the implementation of the Sports Park water tower radio site several years ago.
Locally, the Visalia Police Department and Dinuba Police Department have upgraded their entire public safety radio systems with the newest, state of the art Motorola digital equipment, with encryption capabilities. J's Communications, Inc. was the sole service provider and installer for those projects.
Their close working relationship with Motorola, and ability to troubleshoot issues and have a direct working relationship with the hardware manufacturer is invaluable when implementing such a complex system, with multiple base station radio sites. They also have expertise in our local terrain and topography, which is critical to site placement for radio antennas and planning for expansion sites as the City's sphere of influence continues to grow.
Public Safety Communications Tower
In March 2022, the City Council awarded a construction contract to J's Communications, Inc. for a new public safety communications tower at the former City water well #6 site located at 219 Sunset Avenue behind C.F. Mueller Park, after staff obtained all necessary entitlements and permits for the project to move forward. The total cost of the project was $247,295, paid from a portion of the City's allocation of Coronavirus State and local Fiscal Recovery Funds under the American Rescue Plan Act of 2021 .
Radio communications from the tower began in January 2023. The tower currently stands at 120' however, it was designed with the ability to be extended to a height of 150'. Radio coverage from the new tower location is good overall; however, there are still a few low-lying areas (such as the river bottom areas) that staff still experience spotty coverage. Currently, staff are exploring the cost to increase the height of the tower to 150' which would improve coverage to those areas and as the City boundaries expand in the future. If the cost can be covered within remaining grant funds, staff will bring this item before the City Council for future consideration. The City also intends to co-locate public safety radio equipment on the Fresno County communications tower once it is constructed at the location of the former Fresno County Public Works yard, which will further improve coverage.
FISCAL IMPACT
The City of Reedley received a total of $1.5M from the State of California for this project, which was included in the 2023-24 Adopted Budget. The radio communications equipment anticipated cost of $1,262,575 will leave approximately $237,435 remaining of the grant funds. As mentioned, staff are currently looking into the possibility of increasing the height of the communications tower for better coverage. Should this project move forward, the cost would appropriately be paid from remaining grant funds.
ATTACHMENTS
Quotations from Motorola Solutions, HCC Tactical and Vincent Communications, Inc.
• MOTOROLA SOLUTIONS
CITY OF REEDLEY ----
CORE AND RF UPGRADE MAY 10, 2023 - -
The design, technical, pricing, and other information {"Information") furnished with this submission is proprietary and/or trade secret information of Motorola Solutions, Inc. {"Motorola Solutions") and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola Solutions.
MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2023 Motorola Solutions, Inc. All rights reserved.
Motorola Solutions, Inc.
500 W Monroe Street, Ste 4400
Chicago, IL 60661-3781
USA
May 10, 2023
Chief Joe Garza
City of Reedley Police Dept
843 G St.
Reedley, CA 93654
Subject: Radio Communications System Upgrade
Dear Chief Garza,
• MOTOROLA SOLUTIONS
Motorola Solutions, Inc. ("Motorola") is pleased to have the opportunity to provide City of Reedley PD with quality communications equipment and services. The Motorola project team has taken great care to propose a solution that will meet your needs and provide unsurpassed value.
To best meet the functional and operational specifications of this solicitation, our solution includes a combination of hardware, software, and services. Specifically, this solution is for the Radio Console Upgrade Project and provides:
• Replace existing MIP consoles with MCC7500E's and a K Core • Upgrade P25 infrastructure from analog to mixed mode
• Provide a new fleet of subscribers
This proposal consists of this cover letter and the Communications System Agreement (CSA), together with its Exhibits. This proposal shall remain valid for a period of 90 days from the date of this cover letter. City of Reedley PD may accept the proposal by delivering to Motorola the CSA signed by Chief Garza. Alternatively, Motorola would be pleased to address any concerns Customer may have regarding the proposal. Any questions can be directed to your Motorola Account Executive, Jeff Wade, our Senior Account Executive, at 707-548-6527.
We thank you for the opportunity to furnish City of Reedley PD with "best in class" solutions and we hope to strengthen our relationship by implementing this project. Our goal is to provide you with the best products and services available in the communications industry.
Sincerely,
Gordon Poole
Area Sales Manager
Motorola Solutions, Inc.
TABLE OF CONTENTS
Section 1
System Description .......................................................................................................................... 1-1
1.1 Overview . LI ... .... ~., ....... ~~. , ....................................... " ....... . M•···••-t• .. + ....... " "~ ........ ~ !- ••·••-t •• .. ... , .... .. " ............. +.ll••··· , .... " 1-1
1.2 System Components ................................................. ,. ....... ............... .. ....... ................. .... 1-2
1.2.1 K Core ... .. ............................... ..................................................................................... 1-2
1.2.2 GRV 8000 ................ ~ ..................... ., ................ ,. ................................. ........ ..................... 1-3
1.2.3 Conventional Channel Gateways (CCGW) .................................................................. 1-3 Section 2
Equipment List -~ .......... ~--··· ... ~~--····· .............. ..... + ... • .. • • + ...... . .. . . .... :&, .. ..... .. " ... +"'" ~~-·•"+·• ~----.... ++ • t-• • .. +" "--- .. . , .. ;o. • • , ... + ... •-----1•-·••-.. ,++ - ;i 2-1
2.1 K Core and Consoles: ..................................................................................................... 2-1
2.2 RF Upgrade ....... , ......................................................... ·- ······························· .........•.......... 2-4
2.3 Subscribers and Consolettes .......•..............................•.......... , .....................•........••......•... 2-5 Section 3
Statement of Work .......................................................................................................................... 3-1
3.1 Motorola Responsibilities ..................................................... ·-·············· ~····••n••····--··········· 3-1
3.2 City of Reedley Responsibilities ....................................................................................... 3-1
3.3 Assumptions ·································································---·····················--··············•·····---· 3-12 Section 4
Acceptance Test Plan ..•....................................................•••...................................... u •••• •••••• • • •••• • 4-13
4.1 Radio to Radio Features .................•....................•.................. ,. ..................... .................... 4-14
4.1.1 Conventional Radio Resource Call - Clear Mode .............. ~············ ..················•········ 4-14
4.1.2 Conventional Radio Resource Call - Coded Mode ..................................................... 4-15
4.1.3 Conventional ASTRO Emergency ................................................................. H•.•·····~··· 4-16
4.2 MCC 7100/7500 Conventional Resources ...........................•..............................•.......... 4-17
4.2.1 Inbound and Outbound Calls - Conventional Mixed Mode ....................................... 4-17
4.2.2 Conventional Subscriber Alias .•.....••........... ., ............................................................. 4-18
4.2.3 Console Priority .......................................................................................................... 4-19
4.2.4 Enhanced CCGW Analog Audio Logging .................................................................... 4-20
4.2.5 MOSCAD AUX 1/0 Status Indications ........................................................................ 4-21
4.3 Signoff Certificate ............................................................................................................ 4-1 Section 5
Pricing Summary ......... ................................................................... , .............. ...................... .......... 5-1 Section 6
Contractual Documentation,~ .... .. .... ~ ........ ... ~ ..... ,.+ ~~-- ...... ,--- '"+·• ... ~---..... , ••. 4 .. .... .. ~ -- -- .. " ....... ~r••· """ -" "·! .. , .... ~ •• ~•rrr•••+••·~ ·· ... ~~.~ .... , ... 6-2 City of Reedley
Core and RF Upgrade
0 Motorola Solutions Confidential Restricted
May 10, 2023
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Table of Contents i
SECTION 1
City of Reedley
May 10, 2023
SYSTEM DESCRIPTION
1.1 OVERVIEW
Motorola is pleased to present the City of Reedley with a proposal to upgrade their existing radio communications system. This proposal includes the following:
• K1 core
• Two (2) MCC7500E consoles
• Three (3) MLC 8000 link converters
• One (1) GRV 8000 chassis with two digital comparators • Two (2) MCG 8000 CCGWs
• Five (5) new APX consolettes
• New networking equipment including switches and routers at remote sites New subscribers have also been included as follows:
·• Fifty (50) APX 8000 portables
•• Forty (40) APX 8500 mobiles
Upgrades to the existing GTR 8000s and GPW 8000s to the latest ASTRO release, to match the proposed equipment, have also been included.
Core and RF Upgrade
,Z.,· Motorola Solutions Confidential Restricted
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
System Description 1-1
1.2 1.2.1
Fresno County Tower
l,;tt-C' Ll
Reedley PD
(WI
An!!l"5 C cmp-t11:1tor
PttlC.x<ICC:
Si;,!!rbPriWT
_ I
- 4Wtl!
- IP
- V.2~
Figure 1-1: System Diagram
0 1 1:mtntL...v-rr
~ ......... ~JI d ,'L,1; 11
li"llli"':i!~,n prj
t.:dl:nu;s,;nimd
C:•n
City of Reedley
May 10, 2023
Motorola understands that the third site, which is slated to be a new receive only site (shown in the diagram as the Fresno County tower site) is still to be confirmed. Motorola has provided the equipment for the 3rd site with the implementation to be quoted separately out of the scope of this project after the site has been confirmed.
Existing equipment at the sites will continue to be used wherever possible and have been highlighted in blue in the diagram.
SYSTEM COMPONENTS
KCore
The ASTRO 25 Conventional Core provides an adaptable platform for mission- critical wireless communications in a scalable and virtualized configuration. The Conventional Core allows customers to interface channels to an IP-based MCC 7500E Console, provides a migration path for customers with fielded Motorola Solutions conventional solutions, and allows the flexibility for customers to join a larger system in the future while maximizing equipment investment. The Conventional Core is available in a non-redundant configuration or redundant configuration. City of Reedley will be provided with the nonCore and RF Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
G) Motorola Solutions Confidential Restricted System Description 1-2
1.2.2 1.2.3
redundant configuration as requested. The K1 Core is comprised of the following components:
• One (1) DSC8000 Conventional Site Controller
• One ( 1) SRX 1500 Site Router
• One (1) Aruba 2930F Backhaul Switch
• One (1) Aruba 2930F Site Switch
City of Reedley
May 10, 2023
This K core allows for the centralized management and fault control of the RF upgrades proposed in this project. This makes it a certified solution that Motorola can continue to support and upgrade in future and continue to provide reliable communications for City of Reedley.
GRVSOOO
The GRV 8000 Comparator is used in Project 25 (P25) conventional or voting and simulcast network topologies to increase the talk-in coverage of a radio in the field. It performs frameby-frame voting on multiple received signals, recombining the frames to produce a signal with the best possible audio quality. GPS launch-delay timing ensures seamless broadcast of the voted frames from multiple voice signals into one high quality transmit signal. This comparator uses the same physical chassis as the GTR 8000. The GRV 8000 will be used to compare and vote out the best audio for the two PD channels.
Conventional Channel Gateways (CCGW)
The MCG 8000 based CCGW provides the interface between the IP network and conventional sites in ASTR0®25 system by translating the voice and data into the format needed for each individual site type. The MCG 8000 supports circuit based, serial and Ethernet based interfaces to conventional base stations. CCGW serves as the control point between the Master Site and the site devices (that is, GRV 8000 Comparator, GTR 8000 Base Radios and existing consolettes and control stations).
E~dAn<liog In~
\2 ltHS - fc, "'1Gh """'.a"'J
I V
Enhilnced Mll'°9 lnteffJJ<:H r.! Pt.l...i.!l!i i:alfl(t11ft.i11, h lllttal lh'IMrf~c..-1 1 ti'rt t1 " 11 .,,1 Consolo Port Reset
10/100/1000 Ethomel (OB-Q) Sullon
Po,a (R.J-45) and
S:..I LEDll
Figure 1-2: Enhanced Analog Interfaces
Core and RF Upgrade Use or disclosure of this proposal is subject to the restrictions on the cover page.
Cl Motorola Solutions Confidential Restricted System Description 1-3 The following interfaces are included in each CCGW provided:
• (4) Analog IP interfaces
• (4) Digital IP interfaces
• (4) v.24 interfaces
• (4) Analog 4-wire interfaces
Core and RF Upgrade
Q.l Motorola Solutions Confidential Restricted
City of Reedley
May 10, 2023
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
System Description 1-4
SECTION 2
City of Reedley
May 10, 2023
EQUIPMENT LIST
This section lists the equipment necessary for the proposed solution.
2.1 K CORE AND CONSOLES:
QTY NOMENCLATURE
I 1 I B1948
' 2 UA00653AA
2 UA00659AA
2 UA00658AA
2 UA00249AA
2 UA00661AA
2 UA00655AA
1 B1949
2 DSTG191B
2 B1956
2 CA03850AA
2 CA03553AA
2 CA03572AA
4 B1952
4 CA03405AA
4 CA03406AA
4 CA03413AA
2 DS980000802
2 B1951
2 CA03413AA
4 B1913
2 RLN6098
2 DSTWIN6328A
2 T8742 -
2 T8806A
2 DSACPS6N120SN2TT
1 SQM01SUM0333 -
1 CA03714AA
4 CA03718AA
Core and RF Upgrade
G Motorola Solutions Confidential Restricted
-
DESCRIPTION
MCC 7500E DISPATCH POSITION LICENSES
ADD: BASIC CONSOLE OPERATION
ADD: ADP/AES/DES-OFB ENCRYPTION
ADD: SECURE OPERATION
ADD: 15 RADIO RESOURCES LICENSE
ADD: ENHANCED IRR
ADD: ADVANCED CONVENTIONAL OPERATION
MCC 7500E SOFTWARE DVD
TECH GLOBAL EVOLUTION SERIES 19INCH NON TOUCH
, COMMANDCENTRAL HUB, W/CLIENT PC
ADD: WINDOWS OS FOR MCC7500E CONSOLE
ADD: AC LINE CORD, NORTH AMERICA
ADD: CABLE RETENTION BRACKET
SPEAKER,DESKTOP,USB
ADD: POWER SUPPLY WITH DC CORD
ADD: AC LINE CORD, NORTH AMERICA
ADD: USB CABLE, TYPE A TO TYPE C, 4.5M
LOGITECH: Z150 MULTIMEDIA SPEAKERS, MIDNIGHT I
BLACK
MICROPHONE, DESKTOP, USB
ADD: USB CABLE, TYPE A TO TYPE C, 4.5M
MCC SERIES HEADSET JACK
HOST MODULE BASE W/PTT, 15 FT CBL
PROVIDES ONE DUAL PEDAL FOOTSWITCH
MCAFEE FOR WINDOWS CLIENT, A2019.2
WINDOWS SUPP TRANS CONFIG, A2020.1/A2021.1
AC POWER STRIP, 6 OUTLETS, SASD PROTECTED,
UL 1449/R56, 12FT CORD
MCG 8000 CONVENTIONAL GATEWAY
ADD: AC POWER
ADD: ANALOG 4WIRE INTERFACE
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Equipment List 2-1
I
QTY NOMENCLATURE -
4 CA03716AA
4 CA03717AA
4 CA03720AA
4 CA03719AA
4 CA03748AA
1 DLN8037
1 DLN8039
1 SQM01SUM0333
1 CA03714AA
I 6 CA03718AA
2 CA03716AA
2 CA03717AA
4 CA03720AA
I 4 CA03719AA
'I
I 4 CA03748AA
1 DLN8037
1 BVN1013
1 TT3903B
1 DSTG191B
1 DSACPDU6N120SN2T
T
2 DS1101990
1 DSTSJADP
1 TRN7343
1 DS11011188
4 DS3750295
4 DS3750296
4 DS3750297
1 B1952
1 CA03405AA
1 CA03406AA
1 CA03413AA
Core and RF Upgrade
G Motorola Solutions Confidential Restricted
City of Reedley
May 10, 2023
DESCRIPTION - ----
ADD: V.24 INTERFACE
ADD: ACIM INTERFACE
ADD:ANALOGIPINTERFACE
ADD: DIGITAL IP INTERFACE I
ADD: MDC1200 OVER IP INTERFACE I
FRU: MCG 8000 AC POWER MODULE
FRU: MCG 8000 HD ENH CONV GATEWAY MODULE
MCG 8000 CONVENTIONAL GATEWAY
ADD: AC POWER
ADD: ANALOG 4WIRE INTERFACE
ADD: V.24 INTERFACE
ADD:ACIMINTERFACE
ADD:ANALOGIPINTERFACE
ADD: DIGITAL IP INTERFACE
ADD: MDC1200 OVER IP INTERFACE
FRU: MCG 8000 AC POWER MODULE
MKM 7000 Console Alias Manager Software
Z2 G5 MINI WORKSTATION NON RETURNABLE
TECH GLOBAL EVOLUTION SERIES 19INCH NON TOUCH
AC POU, RACKMOUNT, 6 OUTLETS, SASD PROTECTED,
UL 1449/R56, 12FT CORD
SPD, SHIELDED RJ-45 JACK, SINGLE LINE GBE (1000MBPS)
R56 COMPLIANT
RACK MOUNT GROUND BAR, 19 IN FOR TSJ AND WPH
SERIES DATA SPDS
SEVEN AND A HALF FOOT RACK
POU, 120/240 SPLIT PH OR N+1 REDUNDANT, 60A MAX PER
PHASE, SIX DEDICAT
BREAKER, 5 AMP, CB UL 489 LISTED FOR AC EDGE II (1101-
1188)
BREAKER, 10 AMP, CB UL 489 LISTED FOR AC EDGE II
(1101-1188)
BREAKER, 15 AMP, CB UL 489 LISTED FOR AC EDGE II
(1101-1188)
SPEAKER,DESKTOP,USB
ADD: POWER SUPPLY WITH DC CORD
ADD: AC LINE CORD, NORTH AMERICA
ADD: USB CABLE, TYPE A TO TYPE C, 4.5M
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Equipment List 2-2
QTY NOMENCLATURE
I 1 B1951
1 CA03413AA
1 B1913
1 T8492
I 1 CA03445AA
1 CA03448AA
1 CLN1868
1 B1956
1 CA03850AA
1 CA03553AA
1 CA03572AA
1 SQM01SUM0237
1 CA03828AA
1 CA01896AB
1 CA01663AB
1 F0016A
1 VA01370AA
1 VA00985AA
3 VA00989AA
3 VA00147
1 VA00155
1 VA00009
:
1 VA01945AA
1 DSIABDIN4
1 FHN0057
12 FKN0044A
3 FHN1668
1 DSGXTR27001017
I
Core and RF Upgrade
G Motorola Solutions Confidential Restricted
-
DESCRIPTION -
MICROPHONE, DESKTOP, USB
ADD: USB CABLE, TYPE A TO TYPE C, 4.5M
MCC SERIES HEADSET JACK
SITE ROUTER & FIREWALL-AC
ADD: MISSION CRITICAL HARDENING
ADD: ST ATEFUL FIREWALL
2930F 24-PORT SWITCH
' COMMANDCENTRAL HUB, W/CLIENT PC
ADD: WINDOWS OS FOR MCC7500E CONSOLE
ADD: AC LINE CORD, NORTH AMERICA
ADD: CABLE RETENTION BRACKET
SINGLE ZONE CONV NON-RED CORE
ADD: DSC 8000 CONVENTIONAL SITE CONTROLLER
ADD: BACKHAUL SWITCH
ADD:RACK
MC IOT MAIN MODEL
City of Reedley
May 10, 2023
-~
I ADD: MC-EDGE
ADD: NO PIGGY MC-EDGE
ADD: 8DO EE 16Dl 5-18 V /DRY
ADD: FRONT CABLE COVERS
ADD:DC POWER CABLE
' ADD: AC POWER SUPPLY UNIT 12V / 5A DC OUTPUT
ADD: MC EDGE AS AUX 1/0 SERVER
PANDUIT IABDIN4 4 RACK UNIT DIN RAIL FOR EIA 19"
MOUNT
DIN RAIL STOPPER
MC_EDGE AUX 10 MIGRATION CABLE
TERM BLOCK & CONN WIRED M25T68
UPS, GXT5 RACK 3000VA/2700W, 120V, 17 MIN RUNTIME,
SOFTWIRED
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Equipment List 2-3
2.2 RF UPGRADE
QTY NOMENCLATURE -
3 T8492
3 CA03445AA
3 CA03448AA
3 CLN1868
3 DSACPS6N120SN2TT
1 T8341
2 CA03084AA
1 CA03863AA
2 CA03320AA
1 CA01953AB
2 CA03316AA
I
1 ,X153AW
1 DLN8028
1 DLN6805
I 1 DLN6898
2 T7140
2 I CA02211AA
2 T7140
2 CA02453AB
2 CA01946AB
1 T7540
1 X301AR
1 X530BH
1 CA01948AB
1 CA01946AB
1 CA03863AA
1 CA01953AB
1 X153AW
1 T7540
1 X301AR
1 X530BH
1 CA01948AB
1 CA01946AB
1 CA03863AA
1 CA01953AB
1 X153AW
Core and RF Upgrade
Q.l Motorola Solutions Confidential Restricted
DESCRIPTION
SITE ROUTER & FIREWALL-AC
ADD: MISSION CRITICAL HARDENING
ADD: STATEFUL FIREWALL
2930F 24-PORT SWITCH
City of Reedley
May 10, 2023
I
I
AC POWER STRIP, 6 OUTLETS, SASD PROTECTED,
UL 1449/R56, 12FT CORD
GRV 8000 COMPARATOR
ADD: COMPARATOR
ADD: ASTRO SYSTEM RELEASE 2022.1
ADD: ASTRO 25 CONVENTIONAL SOFTWARE
ADD: POWER EFFICIENCY PACKAGE
ADD: DIGITAL CONV VOTING SOFTWARE
ADD: RACK MOUNT HARDWARE
I FRU: GRV MAIN MODULE
FRU: ENERGY EFFICIENT POWER SUPPLY
FRU: FAN MODULE
G-SERIES SOFTWARE UPGRADE
ADD: ANALOG CONV TO DIGIT AL CONV BR SW UPGRADE
G-SERIES SOFTWARE UPGRADE
ADD: ANALOG CONV TO 3.1 CONV RX/0
ADD: CONV MIXED MODE OPERATION
GPW 8000 RECEIVER
ADD: QTY 1 GPW 8000 RECEIVER
ADD: VHF (136-174 MHZ)
ADD: CONVENTIONAL SOFTWARE RIX ONLY
ADD: CONV MIXED MODE OPERATION
ADD: ASTRO SYSTEM RELEASE 2022.1
ADD: POWER EFFICIENCY PACKAGE
ADD: RACK MOUNT HARDWARE
GPW 8000 RECEIVER
ADD: QTY 1 GPW 8000 RECEIVER
ADD: VHF (136-174 MHZ)
ADD: CONVENTIONAL SOFTWARE RIX ONLY
ADD: CONV MIXED MODE OPERATION
ADD: ASTRO SYSTEM RELEASE 2022.1
ADD: POWER EFFICIENCY PACKAGE
ADD: RACK MOUNT HARDWARE
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Equipment List 2-4
1 DLN6892
1 DLN6781
1 DLN6898
-
1 DLN6455
5 F2979
5 VA00785AA
5 VA00012AA
I
5 'VA00011AA
1 F2979
1 VA00785AA
I -
1 VA00012AA
1 VA00011AA
FRU: XCVR VHF V2
FRU: POWER SUPPLY
FRU: FAN MODULE
CONFIGURATION/SERVICE SOFTWARE
MLC 8000
ADD: MIXED MODE GCM 8000 COMPANION VOTING
COMPARATOR/GATEWAY
ADD: 120/240VAC TO +12VDC POWER ADAPTER
City of Reedley
May 10, 2023
19INCH RACK MOUNT HARDWARE KIT CABINET OR RACK
MLC 8000
ADD: MIXED MODE GCM 8000 COMPANION VOTING
COM PARA TOR/GATEWAY
ADD: 120/240VAC TO +12VDC POWER ADAPTER
19INCH RACK MOUNT HARDWARE KIT CABINET OR RACK
2.3 SUBSCRIBERS AND CONSOLETTES
QTY NOMENCLATURE -
50 H91TGD9PW6 N
50 H869
50 Q806
50 Q58
50 H35 _,
50 Q629
50 QA05507
50 PMNN4486
50 NNTN8863A
50 PMMN4062AL
40 M37TSS9PW1 N
40 GA00250
40 G48
40 G78
40 G843
40 W432
40 G89
Core and RF Upgrade
"' Motorola Solutions Confidential Restricted
-
DESCRIPTION
-
APX 8000 ALL BAND PORTABLE MODEL 2.
ENH: MUL TIKEY
ADD: ASTRO DIGITAL CAI OPERATION
ADD: 3Y ESSENTIAL SERVICE
ADD: CONVENTIONAL OPERATION -
ENH: AES ENCRYPTION AND ADP
DEL: DELETE 7/800 MHZ BAND
BATT IMPRES 2 LIION R IP68 3400T
CHARGER, SINGLE-UNIT, IMPRES 2, 3A,
AUDIO ACCESSORY-REMOTE SPEAKER MICR
APX8500 ALL BAND MP MOBILE
ADD: WIFI/GNSS FLEXIBLE CABLE LMR19
ENH: CONVENTIONAL OPERATION
ADD: 3Y ESSENTIAL SERVICE
ADD: AES ENCRYPTION APX AND ADP
ADD: AUXILARY SPKR 13W (3.2OHM)
ADD: NO RF ANTENNA NEEDED
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Equipment List 2-5
QTY NOMENCLATURE
40 G444
40 G67EH
40 GA01517
40 GS06
40 GA01670
40 W22
40 W969
40 GA05507
1 TS476B
1 CA001S2AW
1 CA03467AA
1 CA0335SAA
1 CA00243AJ
1 CB000262A01
1 WPLN6904A
1 PMNN4549A
1 TKN8531C
2 L37TSS9PW1 N
2 L99S
2 G4S
2 (GA00469
2 CA0159S
2 GA05507
2 GA05509
2 G7S
2 GS43
2 GS06
2 W969
2 GA05509
2 HKN6233C
2 L37TSS9PW1 N
2 L99S
2 G4S
2 GA00469
2 CA0159S
2 GA05507
' 2 GA05509
2 G7S
Core and RF Upgrade
0 Motorola Solutions Confidential Restricted
DESCRIPTION -
ADD: APX CONTROL HEAD SOFTWARE
ADD: REMOTE MOUNT E5 MP
DEL: NO J600 ADAPTER CABLE NEEDED
ENH: ASTRO DIGITAL CAI OPAPX
ADD: APX E5 CONTROL HEAD
ADD: STD PALM MICROPHONE APX
I ADD: MULTIPLE KEY ENCRYPTION OPERA T
DEL: DELETE 7/S00MHZ BAND
KVL 5000
ADD: AES ENCRYPTION SOFTWARE
ADD: NORTH AMERICA MICRO USB CHARGE
ADD: ASTRO 25 MODE
ADD: ADP PRIVACY
CABLE.MICRO USB PROGRAMMING CABLE
KEYLOAD CABLE FOR APX7000
BATT IMPRES 2 LIION 2925T
CABLE FOR RNC, DIU MGEG
ALL BAND CONSOLETTE
ADD: LIMITED FRONT PANEL W/CLOCK/VU
ENH: CONVENTIONAL OPERATION
ENH: EXTENDED DISPATCH APX CONSOLET
ADD: AC LINE CORD US
DEL: DELETE 7/S00MHZ BAND
DEL: DELETE UHF BAND
ADD: 3Y ESSENTIAL SERVICE
ADD: AES ENCRYPTION APX AND ADP
ENH: ASTRO DIGITAL CAI OP APX
ADD: MULTIPLE KEY ENCRYPTION OPERA T
DEL: DELETE UHF BAND
APX CONSOLETTE RACK MOUNT KIT
ALL BAND CONSOLETTE
ADD: LIMITED FRONT PANEL W/CLOCK/VU
ENH: CONVENTIONAL OPERATION
ENH: EXTENDED DISPATCH APX CONSOLET
ADD: AC LINE CORD US
DEL: DELETE 7/S00MHZ BAND
DEL: DELETE UHF BAND
ADD: 3Y ESSENTIAL SERVICE
City of Reedley
May 10, 2023
I
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Equipment List 2-6
QTY NOMENCLATURE
2 G843
2 G806
2 W969
2 GA05509
2 HKN6233C
1 L37TSS9PW1 N
1 GA00469
1 L998
1 G48
1 QA05751
1 CA01598
1 GA05507
1 GA05509
1 G78
1 G241 ~
1 HKN6233C
Core and RF Upgrade
~ Motorola Solutions Confidential Restricted
-
DESCRIPTION
ADD: AES ENCRYPTION APX AND ADP
ENH: ASTRO DIGITAL CAI OPAPX
ADD: MULTIPLE KEY ENCRYPTION OPERAT
DEL: DELETE UHF BAND
APX CONSOLETTE RACK MOUNT KIT
ALL BAND CONSOLETTE
ENH: EXTENDED DISPATCH APX CONSOLET
ADD: LIMITED FRONT PANEL W/CLOCKNU
ENH: CONVENTIONAL OPERATION
ADD: NO ENCRYPTION, CLEAR RADIO (NO
ADD: AC LINE CORD US
DEL: DELETE 7/800MHZ BAND
DEL: DELETE UHF BAND
ADD: 3Y ESSENTIAL SERVICE
ENH: SOFTWARE ASTRO READY (ANALOG)
APX CONSOLETTE RACK MOUNT KIT
City of Reedley
May 10, 2023
---
I
-
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
equipment List 2-7
SECTION 3
City of Reedley
May 10, 2023
STATEMENT OF WORK
The document delineates the general responsibilities between Motorola and City of Reedley as agreed to by contract.
3.1 MOTOROLA RESPONSIBILITIES
Motorola's general responsibilities include the following:
• Perform the installation of the Motorola-supplied equipment described above. • Schedule the implementation in agreement with City of Reedley. • Coordinate the activities of all Motorola subcontractors under this contract. • Administer safe work procedures for installation.
• Provide City of Reedley with the appropriate system interconnect specifications.
3.2 CITY OF REEDLEY RESPONSIBILITIES
City of Reedley will assume responsibility for the installation and performance of all other equipment and work necessary for completion of this project that is not provided by Motorola. General responsibilities for City of Reedley include the following:
• Provide all buildings, equipment shelters, and towers required for system installation. • Ensure communications sites meet space, grounding, power, and connectivity requirements for the installation of all equipment.
• Obtain all licensing, site access, or permitting required for project implementation. • Obtain frequencies for project as required.
• Provide required system interconnections.
• City of Reedley will provide a dedicated delivery point, such as a warehouse, for receipt, inventory, and storage of equipment prior to delivery to the site(s). • Coordinate the activities of all City of Reedley vendors or other contractors.
Motorola Solutions will install and configure the proposed equipment. The following table describes the tasks involved with installation and configuration.
Core and RF Upgrade
G, Motorola Solutions Confidential Restricted
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Statement of Work 3-1
-
City of Reedley
May 10, 2023
Tasks Motorola Solutions Customer
---
PROJECT INITIATION
- -
Contract Finalization and Team Creation
- -
Execute contract and distribute contract documents.
Assign a Project Manager as a single point of contact.
Assign resources.
Schedule project kickoff meeting.
X
X
X
X
X
X
X
X
Deliverable: Signed contract, defined project team, and scheduled project kickoff meeting.
Project Administration
Ensure that project team members attend all meetings relevant to their role on the project.
Set up the project in the Motorola Solutions information system.
Record and distribute project status meeting minutes.
Maintain responsibility for third-party services contracted by Motorola Solutions.
Complete assigned project tasks according to the project schedule.
Submit project milestone completion documents.
Upon completion of tasks, approve project milestone
completion documents.
Conduct all project work Monday thru Friday, 7:30 a.m. to 5:00 p.m.).
X
X
.X
X
X
X
X
X
X
X.
Deliverable: Completed and approved project milestones throughout the project. ·Project _Kickoff :
Introduce team, review roles, and decision authority.
Present project scope and objectives.
Review SOW responsibilities and project schedule.
Schedule Design Review.
X
X
X
X
X
Deliverable: Completed project kickoff and scheduled Design Review.
Core and RF Upgrade
G Motorola Solutions Confidential Restricted
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Statement of Work 3-2
Tasks
Review the Customer's operational requirements.
Present the system design and operational requirements for the solution.
Present installation plan.
Present preliminary cutover plan and methods to document final cutover process.
Present configuration and details of sites required by system design.
Validate that Customer sites can accommodate proposed
equipment.
Provide approvals required to add equipment to proposed existing sites. ·
Review safety, security, and site access procedures.
Present equipment layout plans and system design drawin!;Js.
Provide backhaul performance specifications and demarcation points.
Provide heat load and power requirements for new equipment.
Provide information on existing system interfaces.
Provide frequency and radio information for each site.
Assume liability and responsibility for providing all information necessary for complete installation.
Assume responsibility for issues outside of Motorola Solutions' control.
Complete the required forms required for frequency
coordination and licensing.
Ensure that frequency availability and licensing meet project requirements, and pay licensing and frequency coordination fees.
Review and update design documents, including System
Description, Statement of Work, Project Schedule, and
Acceptance Test Plan, based on Design Review agreements.
Provide minimum acceptable performance specifications for customer provided hardware, software, LAN, WAN and internet connectivity.
Execute Change Order in accordance with all material changes to the Contract resulting from the Design Review.
Motorola Solutions
X
X
:x
X
X
X
X
X
X
X.
X
X
City of Reedley
May 10, 2023
Customer
X
x
X
)(
X
x
X
X
X
Deliverable: Finalized design documentation based upon "frozen" design, along with any relevant Change Order documentation.
Core and RF Upgrade
ti., Motorola Solutions Confidential Restricted
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Statement of Work 3-3
Tasks
SITE PREPARATION
Site Access.·
Provide site owners/managers with written notice to provide entry to sites identified in the project design documentation.
Maintain access roads in order to provide clear and stable entry to sites for heavy-duty construction vehicles, cement trucks and cranes. Ensure that sufficient space is available at the site for these vehicles to maneuver under their own power, without assistance from other equipment.
Obtain site licensing and permitting, including site
lease/ownership, zoning, permits, regulatory approvals, easements, power, and telco connections.
Motorola Solutions
-
City of Reedley
May 10, 2023
Customer
X
X
X
Deliverable: Access, permitting, and licensing necessary to install system equipment at each site. lSite Planning ·· - -- · · -. '. ·
1 • · • · ~ --•- '," - ,- -• - - - - - ~a~·- - - - "J 1 ' ~(- I LA._ _,+-.I • • • • - -:- l - _ - _ , _ .. ~.1~- • - ~ _ --- --- ___ -- • Provide necessary buildings, equipment shelters, and towers for installation of system equipment.
Provide the R56 requirements for space, power, grounding, HVAC, and connectivity requirements at each site.
Provide adequate electrical power in proper phase and voltage c;1t sites.
Provide power to the top of each rack proposed. Provide electrician services if necessary.
Provide as-built structural and foundation drawings of the structures and site locations, along with geotechnical reports, in order to facilitate a structural analysis.
Perform structural analysis of towers, rooftops, or other structures to confirm that they are capable of supporting proposed and future·antenna loads.
Confirm that there is adequate utility service to support the new equipment and ancillary equipment.
Modify towers or other structures, or relocate sites in the system, to ensure that they are capable of supporting proposed and future antenna loads.
Conduct site walks to collect pertinent information (e.g. location of telco, power, structures, etc.)
Ensure that each site meets the R56 standards for space, grounding, power, HVAC, and connectivity requirements.
Obtain the permits needed to complete site development, including electrical, building, and construction permits.
Pay for application fees, taxes, and recurring payments for lease/ownership of property.
Core and RF Upgrade
0 Motorola Solutions Confidential Restricted
X
X.
X
X
X
X
X
X
X
X
X
X
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Statement of Work 3-4
City of Reedley
May 10, 2023
Tasks Motorola SolL1tions Customer
Ensure that required rack space is available for installation of the new equipment.
Deliverable: Information and permitting requirements completed at each site.
X
- -
General Facility Improvements
- -
Provide adequate HVAC, grounding, lighting, cable routing, and X surge protection based upon Motorola Solutions' Standards and Guidelines for Communication Sites (R56)
Ensure the resolution of environmental and hazardous material X issues at each site including, but not limited to, asbestos, structural integrity (tower, rooftop, water tank, etc.), and other building risks.
Ensure that electrical service will accommodate installation of X system equipment, including isolation transformers, circuit breakers, surge protectors, and cabling.
Provide obstruction-free area for the cable run between the X demarcation point and system equipment.
Provide structure penetrations (wall or roof) for transmission X equipment (e.g. antennas, microwave radios, etc.).
Supply interior building cable trays, raceways, conduits, and X wire supports.
Pay for usage costs of power and generator fueling, both during X the construction and installation effort, and on an ongoing basis.
Transport removed site equipment to a location designated by X Customer and within Customer's jurisdiction.
Deliverable: Sites meet physical requirements for equipment installation. : - - C -- - • ' SYSTEM INSTALLATION .J
Equipmenfcfrcieranci_nlianuf~cturin!f __ ,-- - - . - . - .- '' l- _.- C "- · ·- -- -
Create equipment order and reconcile to contract.
Manufacture Motorola Solutions-provided equipment necessary for system based on equipment order.
Procure non-Motorola Solutions equipment necessary for the system.
X
X
X
Deliverable: Equipment procured and ready for shipment.
System Staging (not customer witness~d) I
Ship all equipment needed for staging to Motorola Solutions' Customer Center for Solutions Integration (CCSi).
Core and RF Upgrade
Q.l Motorola Solutions Confidential Restricted
X
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Statement of Work 3-S
Tasks
Rack the new infrastructure equipment.
Cut and label the cables with to/from information to specify interconnection for field installation and future servicing needs.
Pack and ship the racked equipment to the field to finalize staging of equipment. Field staging will be completed at J Communications facility.
Set up and rack the solution equipment on a site-by-site basis, as it will be configured in the field at each of the sites.
Complete the cabling/connecting of the subsystems to each other ("connectorization" of the subsystems).
Assemble required subsystems to assure system functionality.
Power up, load application parameters, program, and test all staged equipment.
Confirm system configuration and software compatibility with the existing system.
Inventory the equipment with serial numbers and installation references.
-
Motorola Solutions
X
X
X
X
X
X
X
.x
X
City of Reedley
May 10, 2023
Customer
Deliverable: System staged and ready for shipment.
I General lnstalla,t"io'ii · .- · · 11 '· • • • • · . • • .' ; , , • - - Deliver solution equipment to installation location.
Inventory the equipment with serial numbers and installation references.
Install all proposed fixed equipment as outlined in the System Description based upon the agreed-upon floor plans,
connecting audio, control, and radio transmission cables to connect equipment to the power panels or receptacles, and audio/control line connection points. Installation performed in accordance with R56 standards and state/local codes.
Provide system interconnections that are not specifically outlined in the system design, including dedicated phone circuits, microwave links, or other types of connectivity.
Install and terminate all network cables between site routers and network demarcation points, including microwave, leased lines, and Ethernet. Cabling is assumed to be inside equipment room, and limited to 25 feet or less.
Ensure that Type 1 and Type 2 AC suppression is installed to protect installed equipment.
Connect installed equipment to the provided ground system within 15 feet.
Label Motorola equipment, racks, and cables.
Core and RF Upgrade
G Motorola Solutions Confidential Restricted
X
X
X
X
X
X
- . '
X
X
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Statement of Work 3-6
-
City of Reedley
May 10, 2023·
Tasks Motorola Solutions Customer
- -
Perform preliminary audit of installed equipment to ensure compliance with requirements and R56 standards.
Note any required changes to the installation for inclusion in the "as-built" system documentation.
Remove and transport existing decommissioned equipment to a central location designated by Reedley PD.
Dispose of removed equipment.
Deliverable: Equipment installed.
-
ASTRO 25 Core and Remote Site Installation and Configuration Install fixed equipment contained in the equipment list and system description.
Provide backhaul connectivity and associated equipment for all sites to meet latency, jitter and capacity requirements.
Configure ASTRO 25 system to support the new RF sites.
Verify site link performance, prior to the interconnection of the solution equipment to the link equipment. If it fails after the first attempt, Reedley PD will be accountable for additional
attempts.
Integrate the RF sites into the system to ensure proper operation.
X
X
X.
X
X
X
I
X
X
X.
X
Deliverable: ASTRO 25-core and remote site equipment installation completed. -
Console Installation and Configuration
Identify circuits for connection to console and a demarcation point located within 25 feet of the console interface.
Connect console to circuit demarcation points.
Install PC workstation w/ keyboard and mouse, and monitor.
Provide console furniture and make room for new console installation.
Develop templates for console programming.
Perform console programming and configuration.
Provide and install consolette antenna systems.
Sweep customer provided antenna systems to ensure proper operation.
Core and RF Upgrade
" Motorola Solutions Confidential Restricted
X
X
X
X
X
X
X
X
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Statement of Work 3-7
Tasks Motorola Solutions
Deliverable: Console equipment installation completed.
Jlfevelop-Console Templates I'
City of Reedley
May 10, 2023
Customer
-- -
Review template requirements with Reedley PD to enable
programming for the new consoles.
Designate user group representatives for the user groups, to make timely decisions on their behalf.
Provide advisory input during template development.
Review and approve templates
Program approved templates into console.
Approve templates.
X
X
X
X
X
x
Deliverable: Fleetmap plan completed and approved by Reedley PD. ·, SYSTEM OPTIMIZATION AND TESTING - --
i R56 Site Audit
Perform R56 site-installation quality-audits, verifying proper physical installation and operational configurations.
Create site evaluation report to verify site meets or exceeds requirements, as defined in Motorola Solutions' R56 Standards and Guidelines for Communication Sites.
X
X
-
Deliverable: R56 Standards and Guidelines for Communication Sites audits completed successfully. 1 Training
Provide information console training (4 hours or less). Formal training class is not included for consoles or APX radios.
Purchase formal console training, if needed.
Purchase APX end user training, if needed.
·solution Optimization
Verify that all equipment is operating properly.
Verify communication interfaces between devices for proper operation
Ensure that functionality meets manufacturers' specifications and complies with the final configuration established during design review or system staging.
·Functional Acceptance Testing
Core and RF Upgrade
G Motorola Solutions Confidential Restricted
.x
:x
X
X
X
X
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Statement of Work 3-8
Tasks
Verify the operational functionality and features of the solution supplied by Motorola Solutions, as contracted.
Witness the functional testing.
Document all issues that arise during the acceptance tests.
If any major task for the system as contractually described fails during the Customer acceptance testing or beneficial use, repeat that particular task after Motorola Solutions determines that corrective action has been taken.
Resolve any minor task failures before Final System
Acceptance.
Document the results of the acceptance tests and present for review.
Review and approve final acceptance test results.
Motorola Solutions
X
X
X
X
X
City of Reedley
May 10, 2023
Customer
X
X
Deliverable: Completion of functional testing and approval by Reedley PD. j Noise Floor Monitoring by dbSpectra
Provide single POC to Reedley PD for project status and coordination
Provide experienced personnel to set up equipment at site.
Provide one test equipment required to perform noise floor monitoring at 2 VHF sites with a maximum of 20 channels per site.
Build up special RX filter to pass the new RX channels and protect equipment from existing co-located transmitters.
Establish an agreed upon site test schedule with Reedley PD.
Establish an agreed upon Bandwidth for the collection of all site data. These bandwidth windows must be approved by Reedley PD, four weeks prior to deployment.
Provide data collection and reports pertainin~ to 2 sites.
Provide a single POC to Motorola throughout the duration of the mitigation project.
Provide ship to location capable of receiving a pallet if needed.
Provide site frequency information.
Provide information necessary or otherwise reasonably
requested by Motorola to plan deployment at least four weeks prior to deployment.
Space and AC power must be available in shelter to house test equipment.
Core and RF Upgrade
Q.) Motorola Solutions Confidential Restricted
X
.x
X
X
X
X
X
X
X
X
X
X
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Statement of Work 3-9
Tasks
-- -- - - -
Outside space must be available for portable antenna and mount next to tower.
Provide any site safety rules to Motorola prior to arrival.
Provide safety training to Motorola at no cost if required.
Provide safe access to sites.
Provide the following resources: A) Any escort, security personnel, or labor resources necessary to enable access to required work areas on site. B) Provide a resource to
accompany Motorola at all times at the site for safety.
Noise floor monitoring will be performed one time only at each site. All services will be performed during one trip. Additional attempts will result a Change Order.
Motornla Solutions
City of Reedley
May 10, 2023
Customer
X
X
X
X
X
X
Deliverable: Completion of noise floor monitoring for 2 sites. 1 - - PROJECT TRANSITION
Cutover
Finalize Cutover Plan.
Calibrate and tune existing mobile and portable radios to ensure good working order.
Program all new APX portable and mobile radios. (Equipment provided as a box sale, no subscriber services are included in the scope of this proposal)
Install all new APX mobile radios. (Equipment provided as a box sale, no subscriber services are included in the scope of this proposal)
Provide Motorola Solutions with user radio information for input into the system database and activation, as required.
Conduct cutover meeting with relevant personnel to address both how to mitigate technical and communication problem impacts to the users during cutover and during the general operation of the system.
Notify the personnel affected by the cutover of the date and time planned for cutover.
Provide ongoing communication with users regarding the
project and schedule.
Cut over users and ensure that user radios are operating on system.
Resolve punchlist items, documented during the Acceptance Testing phase, in order to meet all the criteria for final system acceptance.
Core and RF Upgrade
(» Motorola Solutions Confidential Restricted
X
X
X
X.
X
X
X'
X
X
X
X
X
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Statement of Work 3-1 O
Tasks
Assist Motorola Solutions with resolution of identified punchlist items by providing support, such as access to the sites, equipment and system, and approval of the resolved punchlist items.
Motorola Solutlons
'
City of Reedley
May 10, 2023
Customer
X
Deliverable: Migration to new system completed, and punchlist items resolved.
Transition to Warranty
Review the items necessary for transitioning the project to warranty support and service.
Motorola Solutions to provide services during year 1 warranty which align with the proposed services.
Provide a Customer Support Plan detailing the warranty
support associated with the contract equipment.
Participate in the Transition Service/Project Transition Certificate (PTC) process.
--
X
X
X
X
Deliverable: Service information delivered and approved by Reedley PD. !Finalize Documentation and System A~_c_ep~~nce- -- - ] Provide manufacturer's installation material, part list and other related material to Customer upon project completion.
Provide an electronic as-built system manual on CD or other Customer preferred electronic media. The documentation will include the following:
• Site Block Diagrams.
• ATP Test Checklists.
• Functional Acceptance Test Plan Test Sheets and Results. • Equipment Inventory List.
• Console Programming Template (where applicable).
• Maintenance Manuals (where applicable).
• Technical Service Manuals (where applicable).
Drawings will be delivered in Adobe PDF format.
Receive and approve documentation.
Execute Final Project Acceptance.
X
X
X
)(
X
Deliverable: All required documents are provided and approved. Final Project Acceptance.
Core and RF Upgrade
,., Motorola Solutions Confidential Restricted
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Statement of Work 3-11
3.3 ASSUMPTIONS
City of Reedley
May 10, 2023
Motorola has made several assumptions in preparing this proposal, which are noted below.
In order to provide a firm quote, Motorola will need to verify all assumptions or seek alternate solutions in the case of invalid assumptions. • All existing sites or equipment locations will have sufficient space available for the system described as required/specified by R56.
• All existing sites or equipment locations will have adequate electrical power in the proper phase and voltage, and site grounding to support the requirements of the system described.
• All existing towers will have adequate space and size to support the antenna network requirements of the system described.
• Any site/location upgrades or modifications are the responsibility of City of Reedley. • Any tower stress analysis or tower upgrade requirements are the responsibility of City of Reedley.
• Existing antenna systems will continue to be used at the Sports Park Water tower and Mueller Water tower. These antenna lines will be swept to ensure they meet Motorola's standards and are subject to replacement via change order in case any issues arise. • A new antenna system and associated RFDS for the third (3rd> RF site is out of the scope of this project and will be procured by the City when the site is confirmed. • Approved FCC licensing is to be provided by City of Reedley. This includes licensing the channels for digital operation at existing sites and any licensing required for the new site. • Approved local, State, or Federal permits as may be required for the installation and operation of the proposed equipment are the responsibility of City of Reedley. • Any required system interconnections not specifically outlined here will be provided by City of Reedley. These may include dedicated phone circuits, microwave links, or other types of connectivity.
• Any issues that arise with connecting existing infrastructure with components included in this project will need to be addressed by a design change via the change order process. • No coverage guarantee is included in this proposal.
• Existing City of Reedley provided backhaul is to be used for this project. Backhaul to the third (3rd) new RF site is also the City of Reedley's responsibility. The backhaul will need to meet the backhaul specifications provided during design review. • Motorola will provide one single link test to establish the working of the backhaul. In case of failure, further link testing will be performed at additional cost. • Motorola understands that the third (3rd ) RF site is not confirmed. Any changes to the design of the third site, infrastructure or backhaul wise, will need to be addressed via change order process.
• Motorola is not responsible for interference caused or received by the Motorola-provided equipment except for interference that is directly caused by the Motorola-provided transmitter(s) to the Motorola-provided receiver(s). Should the City of Reedley's system experience interference, Motorola can be contracted to investigate the source and recommend solutions to mitigate the issue.
Core and RF Upgrade
t.\) Motorola Solutions Confidential Restricted
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Statement of Work 3-12
SECTION 4
City of Reedley
May 10, 2023
ACCEPTANCE TEST PLAN
City of Reedley
System Type
In-Plant Draft
www.motorolasolutions.com/services/government
City of Reedley
Representative 1 Name
Field Program Manager
(XXX) XXX-XXXX
Representative 2 Name
Field Engineer
(XXX) XXX-XXXX
Core and RF Upgrade
G Motorola Solutions Confidential Restricted
May 10, 2023
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Acceptance Test Plan 4-13
4.1 RADIO TO RADIO FEATURES
4.1.1 Conventional Radio
Resource Call - Clear Mode
1. DESCRIPTION
Subscribers can communicate to each other through
a repeater that is selected via the channel selector
on the individual radio.
The signals that are received from the subscriber
radio are repeated so that other radios on that
channel will be able to hear and participate in the
conversation.
SETUP
RADIO-1 - CONVENTIONAL CHANNEL 1
RADIO-1 - CONVSITE 1
RADIO-2 - CONVENTIONAL CHANNEL 1
RADIO-2 - CONVSITE 1
VERSION #1.050
City of Reedley
Core and RF Upgrade
Q.l Motorola Solutions Confidential Restricted
2.TEST
City of Reedley
May 10, 2023
Step 1. Initiate a CONVENTIONAL CHANNEL 1 call
on RADIO-1.
Step 2. Verify RADIO-2 can monitor and respond to
the call on CONVENTIONAL CHANNEL 1.
Step 3. Initiate a CONVENTIONAL CHANNEL 1 call
on RADIO-2.
Step 4. Verify RADIO-1 can monitor and respond to
the call on CONVENTIONAL CHANNEL 1.
Step 5. Repeat above tests for each repeater
channel.
P11ss __ Fail~-
May 10, 2023
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Acceptance Test Plan 4-14
Radio to Radio Features
4.1.2 Conventional Radio
Resource Call - Coded Mode
1. DESCRIPTION
Subscribers can communicate to each other through
a repeater that is selected via the channel selector
on the individual radio in a coded/secure call.
The signals that are received by the subscriber radio
are repeated so that only other radios on that
channel that have secure capability with the correct
encryption key will be able to participate in the
conversation.
SETUP
RADIO-1 - CONVENTIONAL CHANNEL 1
(SECURE)
RADIO-1 - CONVSITE 1
RADIO-2 - CONVENTIONAL CHANNEL 1
(SECURE)
RADIO-2 - CONVSITE 1
RADIO-3 - CONVENTIONAL CHANNEL 1 (Not
secure or no/incorrect encryption key)
RADIO-3 - CONVSITE 1
VERSION #1.060
City of Reedley
Core and RF Upgrade
0 Motorola Solutions Confidential Restricted
2.TEST
City of Reedley
May 10, 2023
Step 1. Initiate a call on RADIO-1 in the coded
mode.
Step 2. Verify RADIO-2 can monitor and respond to
the CONVENTIONAL CHANNEL 1 call
(coded).
Step 3. Verify that RADIO-3 does not hear the
conversation even though it is on the same
channel as RADIO-1 and RADIO-2.
Step 4. Initiate a call on RADIO-1 in the clear mode.
Step 5. Verify communications on RADIO-2 and
RADIO-3.
Step 6. Repeat Steps 1 through 5 for each repeater
channel.
Pass __ Fail_
May 10, 2023
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Acceptance Test Plan 4-15
Radio to Radio Features
4.1.3 Conventional ASTRO
Emergency
1. DESCRIPTION
Users in life threatening situations can use the
Emergency button on the radio to notify the dispatch
and other radio users on the channel of an
Emergency.
SETUP
RADI0-1 - SITE 1
RADI0-2 - SITE 1
VERSION #1.070
City of Reedley
Core and RF Upgrade
CD Motorola Solutions Confidential Restricted
2. TEST
Step 1.
City of Reedley
May 10, 2023
Using RADI0-1, initiate an Emergency
Alarm by depressing the emergency button.
Step 2. If a dispatch console is attached, observe
that the console shows the alarm. The
console will also acknowledge the alarm and
cause RADI0-1 to sound an Emergency
Alarm acknowledgment.
Step 3. If no dispatch console is attached, or if the
radio is out of range, observe that RADI0-1
will continue to transmit the emergency.
RADI0-1 will stop transmitting the
Emergency once the emergency has been
acknowledged or the retry limit has been
reached.
Step 4. Using RADI0-1, initiate an Emergency Call
by depressing the PTT button.
Step 5. Observe that RADI0-2 displays
"EMERGENCY CALL" along with "RADI0-
111,
Step 6. Using RADI01, clear the emergency by
depressing the emergency button for 2
seconds.
Pass. _ _ Fail_
May 10, 2023
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Acceptance Test Plan 4-16
City of Reedley
May 10, 2023
4.2 MCC 7100/7500 CONVENTIONAL RESOURCES
4.2.1 Inbound and Outbound
Calls - Conventional Mixed
Mode
1. DESCRIPTION
This test will demonstrate the capability to make and
receive calls on a radio using a Conventional Mixed
Mode channel. Use the console's transmit mode
select to switch between analog and digital modes.
SETUP
RADI0-1 - CONVENTIONAL CHANNEL 1
CONVENTIONAL CHANNEL 1 - MIXED MODE
CONSOLE-1 - CONVENTIONAL CHANNEL 1
VERSION #1.020
City of Reedley
Core and RF Upgrade
CD Motorola Solutions Confidential Restricted
2.TEST
Step 1. Place an outbound analog mode call on
CONSOLE-1 using CONVENTIONAL
CHANNEL 1 resource.
Step 2. Verify voice is audible on RADI0-1 and that
no ID or alias is provided.
Step 3. Place an inbound analog mode call using
RADI0-1 on CONVENTIONAL CHANNEL 1
Step 4. Verify that voice is audible at CONSOLE-1
and that no ID or alias is provided (the
console displays "Unknown").
Step 5. Place an outbound digital mode call on
CONSOLE-1 using CONVENTIONAL
CHANNEL 1 resource.
Step 6. Verify voice is audible on RADI0-1 and that
the ID or alias is provided.
Step 7. Place an inbound digital mode call using
RADI0-1 on CONVENTIONAL CHANNEL 1
Step 8. Verify that voice is audible at CONSOLE-1
and that the ID or alias is provided.
Pass ___ Fail- -
May 10, 2023
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Acceptance Test Plan 4-17
MCC 7100/7500 Conventional Resources
4.2.2 Conventional Subscriber
Alias
1. DESCRIPTION
The purpose of this section is to verify that the alias for a radio can be added using the Provisioning
Manager.
SETUP
RADI0-1 - CONVENTIONAL CHANNEL 1
CONSOLE-1 - CONVENTIONAL CHANNEL 1
Provisioning Manager - no alias for RADI0-1
VERSION #1.010
City of Reedley
Core and RF Upgrade
Q.l Motorola Solutions Confidential Restricted
2. TEST
City of Reedley
May 10, 2023
Step 1. Initiate a voice call from RADI0-1 to
CONSOLE-1 on CONVENTIONAL
CHANNEL1
Step 2. Verify the radio's ID is displayed at
CONSOLE-1
Step 3. From the Provisioning Manager, change
RADI0-1's alias to "Robert" and download
the configuration, then restart the Console
application.
Step 4. When the Console is operational, verify
communications between CONSOLE-1 and
RADI0-1 on CONVENTIONAL CHANNEL 1.
Step 5. Initiate a voice call from RADI0-1 to
CONSOLE-1 on CONVENTIONAL
CHANNEL 1.
Step 6. Verify the RADI0-1 alias "Robert" is
displayed at the CONSOLE-1 operator
position.
Pass _ _ Fail_
May 10, 2023
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Acceptance Test Plan 4-18
MCC 7100/7500 Conventional Resources
4.2.3 Console Priority
1. DESCRIPTION
Console Operator Positions have ultimate control of
transmitted audio on an assigned resource. The
Console Position has the capability to take control of
an assigned voice channel for a channel/talkgroup
call so that the operator's audio overrides any
subscriber audio. Console priority is a feature that
enables dispatchers to gain immediate access to an
assigned voice channel so that a central point of
audio control exists.
SETUP
RADIO-1 - CONVENTIONAL CHANNEL 1
RADIO-2 - CONVENTIONAL CHANNEL 1
CONSOLE-1 - CONVENTIONAL CHANNEL 1
VERSION #1.040
City of Reedley
Core and RF Upgrade
t.\l Motorola Solutions Confidential Restricted
2. TEST
City of Reedley
May 10, 2023
Step 1. Initiate a call from RADIO-1 on
CONVENTIONAL CHANNEL 1. Keep this
call in progress until the test has completed.
Step 2. Observe that RADIO-2 receives the call.
Step 3. While the call is in progress, key up
CONSOLE-1 on CONVENTIONAL
CHANNEL 1.
Step 4. Observe that RADIO-2 is now receiving
audio from CONSOLE-1 on
CONVENTIONAL CHANNEL 1
Step 5. De-key CONSOLE-1.
Step 6. Verify RADIO-2 now receives RADIO-1
audio.
Step 7. End the CONVENTIONAL CHANNEL 1 call
from RADIO-1.
Pass __ Fail_
May 10, 2023
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Acceptance Test Plan 4-19
MCC 7100/7500 Conventional Resources
4.2.4 Enhanced CCGW Analog
Audio Logging
1. DESCRIPTION
This test will demonstrate recording of the audio
from the analog channel interface on the
conventional channel gateway (CCGW). The
enhanced CCGW will sum receive and transmit
audio received on an analog conventional channel
and deliver the summed audio to the audio logging
output pins 3 and 6 of the second analog connector
(9A to 90 or 13A to 130) of the same analog
conventional channel.
SETUP
The CCGW is either a Low Density Enhanced
Conventional Gateway or a High Density Enhanced
Conventional Gateway.
A conventional channel, CONVCH-1, with an analog
interface has been configured (analog, MDC 1200,
mixed mode, or ACIM).
The customer's audio recording device has been
connected to the audio recording output pins 3 and 6
of the second analog connector for CONVCH-1 on
the enhanced CCGW.
Conventional RADIO-1 - CONVCH-1
CONSOLE-1 - CONVCH-1
VERSION #1.030
City of Reedley
Core and RF Upgrade
ti Motorola Solutions Confidential Restricted
2.TEST
City of Reedley
May 10, 2023
Step 1. Key RADIO-1 on CONVCH-1. Communicate
with CONSOLE-1.
Step 2. Key CONSOLE-1 on CONVCH-1 .
Communicate with RADIO-1 .
Step 3. Verify the audio from the previous two steps
at the audio recording device.
Pass __ Fail __
May 10, 2023
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Acceptance Test Plan 4-20
MCC 7100/7500 Conventional Resources
4.2.5 MOSCAD AUX 1/0 Status
Indications
1. DESCRIPTION
This feature allows configuration of the Console's
Momentary Aux IOs into pairs to provide positive
feedback of successful remote activation of a
MOSCAD Aux 10. The feature allows an operator to
see when an Aux 10 output is in transition from one
state to another.
The test can be run on MCC7100 or MCC7500
consoles.
SETUP
AUX 10-1 - Momentary Input- CONVENTIONAL
CHANNEL1
AUX 10-2 - Momentary Output - CONVENTIONAL
CHANNEL1
CONSOLE-1 -CONVENTIONAL CHANNEL 1, AUX
10-1, AUXIO-2
VERSION #1.050
City of Reedley
Core and RF Upgrade
m Motorola Solutions Confidential Restricted
2. TEST
City of Reedley
May 10, 2023
Step 1. Pair AUX 10-1 and AUX 10-2 on
CONSOLE-1
Step 2. On CONSOLE-1 quickly depress and
release AUX 10-1.
Step 3. Verify that AUX 10-1 changes to the active
state indicating that the request is being
processed
Step 4. Verify that AUX 10-2 changes state (either
from active to inactive or inactive to active)
and at the same time the AuxlO-1 indicator
changes from the active to inactive state,
showing that the processing of the request
has completed and that the monitored
device has changed stated.
Pass Fail __
May 10, 2023
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Acceptance Test Plan 4-21
4.3 SIGNOFF CERTIFICATE
City of Reedley
May 10, 2023
By their signatures below, the following witnesses certify they have observed the system Acceptance Test Procedures.
Signatures
WITNESS: Date: --------------- ---
Please Print Name: __________________ _
Initials:
Please Print Title:
WITNESS: _______________ .Date: _ _ _
Please Print Name: __________________ _
Initials:
Please Print Title:
WITNESS: ---------------'Date: __ _
Please Print Name: _________________ _ _
Please Print Title:
Core and RF Upgrade
G Motorola Solutions Confidential Restricted
Initials:
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Acceptance Test Plan 4-1
SECTION 5
PRICING SUMMARY
City of Reedley
May 10, 2023
Motorola is pleased to provide the following equipment and services to City of Reedley.
Item Price
Equipment Total I $1,174,310
System Integration (does not include subscriber services) $455,045 System Total before Discounts $1,629,355
Equipment Discount -$275,880
System Discount for trade in of 19 XPR 7550 portables and if contract/PO is -$353,476 received by 7/26
System Total before Taxes
Estimated Sales Tax (8.5% on Equipment only)
System Total with Estimated Taxes
Core and RF Upgrade
0 Motorola Solutions Confidential Restricted
$999,999
$76,367
$1,076,365
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Pricing Summary 5-1
SECTIONS
CONTRACTUAL
DOCUMENTATION
Contractual Documentation is provided on the following pages.
Core and RF Upgrade
0 Motorola Solutions Confidential Restricted
City of Reedley
May 10, 2023
Use or disclosure of this proposal is subject
to the restrictions on the cover page.
Contractual Documentation 6-2
Communications System and Services Agreement
Motorola Solutions, Inc. ("Motorola") and Reedley, City of ("Customer") enter into this "Agreement," pursuant to which Customer will purchase and Motorola will sell the System and Services, as described below. Motorola and Customer may be referred to individually as a "Party" and collectively as the "Parties." For good and valuable consideration, the Parties agree as follows:
Section 1 ATTACHMENTS
1.1. EXHIBITS. The Exhibits listed below are exhibits related to the System sale and implementation. These Exhibits are incorporated into and made a part of this Agreement.
Exhibit A
Exhibit B
Exhibit C
Exhibit D
"Motorola Software License Agreement"
"Payment"
Technical and Implementation Documents
C-1 "System Description" dated Ma y 1 o , 2 o 2 3
C-2 "Pricing Summary & Equipment List" dated Ma y 10 , 20 2 3 C-3 "Implementation Statement of Work" dated May 10 , 2023 C-4 "AcceptanceTestPlan"or"ATP"dated May 1 0 , 2023
C-5 "Performance Schedule" dated May 1 O, 2 o 2 3
"System Acceptance Certificate"
1.2. ADDENDUM (ADDENDA). Customer may elect to purchase professional or subscription services in addition to the System and related services. Any such services will be governed by the terms in the main body of the Agreement and an applicable Addendum containing terms specific to such service. Such Addenda will be labeled with the name of the service being purchased.
1.3 ORDER OF PRECEDENCE. In interpreting this Agreement and resolving any ambiguities: 1) the main body of this Agreement takes precedence over the exhibits (unless otherwise specified in an exhibit), and any inconsistency between Exhibits A through D will be resolved in their listed order, and 2) The applicable service Addendum will take precedence over the main body of the Agreement and the Exhibits.
Section 2 DEFINITIONS
Capitalized terms used in this Agreement have the following meanings:
"Acceptance Tests" means those tests described in the Acceptance Test Plan. "Addendum (Addenda)" is the title of the document(s) containing a specific set of terms and conditions applicable to a particular service or other offering beyond the Communication System and System implementation services. The terms in the Addendum are applicable only to the specific service or offering described therein.
"Administrative User Credentials" means an account that has total access over the operating system , files, end user accounts and passwords at either the System level or box level. Customer's personnel with access to the Administrative User Credentials may be referred to as the Administrative User. "Beneficial Use" means when Customer first uses the System or a Subsystem for operational purposes (excluding training or testing).
"Confidential Information" means all information consistent with the fulfillment of this Agreement that is (i) disclosed under this Agreement in oral, written, graphic, machine recognizable, and/or sample form, being clearly designated, labeled or marked as confidential or its equivalent or (ii) obtained by examination , testing or analysis of any hardware, software or any component part thereof provided by discloser to Communication System and Services Agreement v.2.9.2021
recipient. The nature and existence of this Agreement are considered Confidential Information. Confidential Information that is disclosed orally must be identified as confidential at the time of disclosure and confirmed by the discloser by submitting a written document to the recipient within thirty (30) days after such disclosure. The written document must contain a summary of the Confidential Information disclosed with enough specificity for identification purpose and must be labeled or marked as confidential or its equivalent. "Contract Price" means the price for the System and implementation Services, excluding applicable sales or similar taxes and freight charges. Further, unless otherwise stated in Exhibit B, "Payment" or the pricing pages of the proposal, recurring fees for maintenance, SUA, or subscription services are not included in the Contract Price.
"Deliverables" means all written information (such as reports, specifications, designs, plans, drawings, analytics, Solution Data, or other technical or business information) that Motorola prepares for Customer in the performance of the Services and is obligated to provide to Customer under this Agreement. The Deliverables, if any, are more fully described in the Statement of Work. "Derivative Proprietary Materials" means derivatives of the Proprietary Materials that Motorola may from time to time, including during the course of providing the Services, develop and/or use and/or to which Motorola provides Customer access.
"Effective Date" means that date upon which the last Party executes this Agreement. "Equipment" means the hardware components of the Solution that Customer purchases from Motorola under this Agreement. Equipment that is part of the System is described in the Equipment List. "Feedback" means comments or information, in oral or written form, given to Motorola by Customer in connection with or relating to Equipment or Services, during the term of this Agreement. "Force Majeure" means an event, circumstance, or act that is beyond a Party's reasonable control, such as an act of God, an act of the public enemy, an act of a government entity, strikes, other labor disturbances, supplier performance, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, riots, or any other similar cause.
"Motorola Software" means software that Motorola or its affiliated companies owns. "Non-Motorola Software" means software that a party other than Motorola or its affiliated companies owns.
"Open Source Software" (also called "freeware" or "shareware") means software with either freely obtainable source code, license for modification, or permission for free distribution. "Proprietary Materials" means certain software tools and/or other technical materials, including, but not limited to, data, modules, components, designs, utilities, subsets, objects, program listings, models, methodologies, programs, systems, analysis frameworks , leading practices and specifications which Motorola has developed prior to, or independently from, the provision of the Services and/or which Motorola licenses from third parties.
"Proprietary Rights" means the patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, mask works, know-how, and other intellectual property rights in and to the Equipment and Software, including those created or produced by Motorola under this Agreement and any corrections, bug fixes, enhancements, updates or modifications to or derivative works from the Software whether made by Motorola or another party.
"Services" means system implementation, maintenance, support, subscription, or other professional services provided under this Agreement, which may be further described in the applicable Addendum Communication System and Services Agreement v.2.9.2021
and/or SOW.
"Software" (i) means proprietary software in object code format, and adaptations, translations, decompilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain one or more items of software owned by a third party supplier. The term "Software" does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement.
"Software License Agreement" means the Motorola Software License Agreement (Exhibit A). "Software Support Policy" ("SwSP") means the policy set forth at https://www.motorolasolutions.com/content/dam/msi/secure/services/software policy.pdf describing the specific technical support that will be provided to Customers under the Warranty Period and during any paid maintenance support period for Motorola Software. This policy may be modified from time to time at Motorola's discretion.
"Solution" means the combination of the System(s) and Services provided by Motorola under this Agreement.
"Solution Data" means Customer data that is transformed, altered, processed, aggregated, correlated or operated on by Motorola, its vendors or other data sources and data that has been manipulated or retrieved using Motorola know-how to produce value-added content to data consumers, including customers or citizens which is made available to Customer with the Solution and Services. "Specifications" means the functionality and performance requirements that are described in the Technical and Implementation Documents.
"SUA" or "SUA 11" means Motorola's Software Upgrade Agreement program. "Subsystem" means a major part of the System that performs specific functions or operations.
Subsystems are described in the Technical and Implementation Documents. "System" means the Equipment, including incidental hardware and materials, Software, and design, installation and implementation services that are combined together into an integrated system; the System(s) is (are) described in the Technical and Implementation Documents. "System Acceptance" means the Acceptance Tests have been successfully completed. "System Data" means data created by, in connection with or in relation to Equipment or the performance of Services under this Agreement.
"Warranty Period" for System Hardware, Software, or services related to system implementation means one (1) year from the date of System Acceptance or Beneficial Use, whichever occurs first. Unless otherwise stated in the applicable Addendum, Warranty Period for other Services means ninety (90) days from performance of the Service.
Section 3 SCOPE OF AGREEMENT AND TERM
3.1. SCOPE OF WORK. Motorola will provide, install and test the System(s), and perform its other contractual responsibilities to provide the Solution, all in accordance with this Agreement. Customer will perform its contractual responsibilities in accordance with this Agreement.
Communication System and Services Agreement v.2.9.2021
3.2. CHANGE ORDERS. Either Party may request changes within the general scope of this Agreement. If a requested change causes an increase or decrease in the cost or time required to perform this Agreement, the Parties will agree to an equitable adjustment of the Contract Price or applicable subscription fees, Performance Schedule, or both, and will reflect the adjustment in a change order or Addendum. Neither Party is obligated to perform requested changes unless both Parties execute a written change order.
3.3. TERM. Unless terminated in accordance with other provisions of this Agreement or extended by mutual agreement of the Parties, the term of this Agreement begins on the Effective Date and continues until the date of Final Project Acceptance or expiration of the Warranty Period, or completion of the Services, whichever occurs last. The term and the effective date of recurring Services will be set forth in the applicable Addendum.
3.4. ADDITIONAL EQUIPMENT OR SOFTWARE. For three (3) years after the expiration date of the Agreement, Customer may order additional Equipment or Software, if it is then available. Each purchase order must refer to this Agreement, the expiration date of the Agreement, and must specify the pricing and delivery terms. The Parties agree that, notwithstanding expiration of the Agreement, the applicable provisions of this Agreement (except for pricing, delivery, passage of title and risk of loss to Equipment, warranty commencement, and payment terms) will govern the purchase and sale of the additional Equipment or Software. Additional or contrary terms in the purchase order will be inapplicable, unless signed by both parties. Title and risk of loss to additional Equipment will pass at shipment, warranty will commence upon delivery, and payment is due within thirty (30) days after the invoice date. Motorola will send Customer an invoice as the additional Equipment is shipped or Software is licensed. Alternatively, Customer may register with and place orders through the Motorola Solutions Customer Portal eCommerce Shop, and this Agreement will be the "Underlying Agreemenr for those eCommerce transactions rather than the eCommerce Shop Terms and Conditions of Sale. eCommerce Shop registration and other information may be found at https://www.motorolasolutions.com/en us/registration and the shop support telephone number is (800) 814-0601 .
3.5. MOTOROLA SOFTWARE. Any Motorola Software, including subsequent releases, is licensed to Customer solely in accordance with the Software License Agreement. Customer hereby accepts and agrees to abide by all of the terms and restrictions of the Software License Agreement.
3.6. NON-MOTOROLA SOFTWARE. Any Non-Motorola Software is licensed to Customer in accordance with the standard license, terms, and restrictions of the copyright owner on the Effective Date unless the copyright owner has granted to Motorola the right to sublicense the Non-Motorola Software pursuant to the Software License Agreement, in which case it applies and the copyright owner will have all of Licensor's rights and protections under the Software License Agreement. Motorola makes no representations or warranties of any kind regarding Non-Motorola Software. Non-Motorola Software may include Open Source Software.
3.7. SUBSTITUTIONS. At no additional cost to Customer, Motorola may substitute any Equipment, Software, or services to be provided by Motorola, if the substitute meets or exceeds the Specifications and is of equivalent or better quality to the Customer. Any substitution will be reflected in a change order.
3.8. OPTIONAL EQUIPMENT OR SOFTWARE. This paragraph applies only if a "Priced Options" exhibit is shown in Section 1, or if the parties amend this Agreement to add a Priced Options exhibit. During the term of the option as stated in the Priced Options exhibit (or if no term is stated, then for one (1) year after the Effective Date), Customer has the right and option to purchase the equipment, software, and related services that are described in the Priced Options exhibit. Customer may exercise this option by giving written notice to Seller which must designate what equipment, software, and related services Customer is selecting (including quantities, if applicable). To the extent they apply, the terms and conditions of this Agreement will govern the transaction; however, the parties acknowledge that certain provisions must be agreed upon, and they agree to negotiate those in good faith promptly after Customer delivers the option exercise notice. Examples of provisions that may need to be negotiated are: specific lists of Communication System and Services Agreement v.2.9.2021
4 deliverables, statements of work, acceptance test plans, delivery and implementation schedules, payment terms, maintenance and support provisions, additions to or modifications of the Software License Agreement, hosting terms, and modifications to the acceptance and warranty provisions.
Section 4 SERVICES
4.1. If Customer desires and Motorola agrees to continue Services beyond the Term, Customer's issuance and Motorola's acceptance of a purchase order for Services will serve as an automatic extension of the Agreement for purposes of the continuing Services. Only the terms and conditions applicable to the performance of Services will apply to the extended Agreement.
4.2. During the Warranty Period, in addition to warranty services, Motorola will provide maintenance Services for the Equipment and support for the Motorola Software pursuant to the applicable maintenance and support Statements of Work. Support for the Motorola Software will be in accordance with Motorola's established Software Support Policy. Copies of the SwSP can be found at https://www.motorolasolutions.com/content/dam/msi/secure/services/software policy.pdf and will be sent by mail, email or fax to Customer upon written request. Maintenance Services and support during the Warranty Period are included in the Contract Price. Unless already included in the Contract Price, if Customer wishes to purchase 1) additional maintenance or software support services during the Warranty Period; or 2) continue or expand maintenance, software support, installation, and/or SUA services after the Warranty Period, Motorola will provide the description of and pricing for such services in a separate proposal document. Unless otherwise agreed by the parties in writing, the terms and conditions in this Agreement applicable to maintenance, support, installation, and/or SUA Services, will be included in the Maintenance and Support Addendum, SUA Addendum, the applicable Statements of Work, and the proposal, (if applicable). These collective terms will govern the provision of such Services.
To obtain any such additional Services, Customer will issue a purchase order referring to this Agreement and the separate proposal document. Omission of reference to this Agreement in Customer's purchase order will not affect the applicability of this Agreement. Motorola's proposal may include a cover page entitled "Service Agreement" or "Installation Agreement", as applicable, and other attachments. These cover pages and other attachments are incorporated into this Agreement by this reference
4.3. PROFESSIONAL AND SUBSCRIPTION SERVICES. If Customer purchases professional or subscription Services as part of the Solution, additional or different terms specific to such Service will be included in the applicable Addendum and will apply to those Services. Customer may purchase additional professional or subscription services by issuing a purchase order referencing this Agreement and Motorola's proposal for such additional services.
4.4. Any information in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer in providing Services under this Agreement or Motorola data viewed, accessed, will remain Motorola's property, will be deemed proprietary, Confidential Information. This Confidential Information will be promptly returned at Motorola's request.
4.5. TOOLS. All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of providing Services under this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Upon termination of the contract for any reason, Customer shall return to Motorola all equipment delivered to Customer.
4.6. COVENANT NOT TO EMPLOY. During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the Communication System and Services Agreement v.2.9.2021
prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering Services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law.
4.7. CUSTOMER OBLIGATIONS. If the applicable Statement of Work or Addendum contains assumptions that affect the Services or Deliverables, Customer will verify that they are accurate and complete. Any information that Customer provides to Motorola concerning the Services or Deliverables will be accurate and complete in all material respects. Customer will make timely decisions and obtain any required management approvals that are reasonably necessary for Motorola to perform the Services and its other duties under this Agreement. Unless the Statement of Work states the contrary, Motorola may rely upon and is not required to evaluate, confirm, reject, modify, or provide advice concerning any assumptions and Customer-provided information, decisions and approvals described in this paragraph.
4.8. ASSUMPTIONS. If any assumptions or conditions contained in this Agreement, applicable Addenda or Statements of Work prove to be incorrect or if Customer's obligations are not performed, Motorola's ability to perform under this Agreement may be impacted and changes to the Contract Price, subscription fees, project schedule, Deliverables, or other changes may be necessary.
4.9. NON-PRECLUSION. If, as a result of the Services performed under this Agreement, Motorola recommends that Customer purchase products or other services, nothing in this Agreement precludes Motorola from participating in a future competitive bidding process or otherwise offering or selling the recommended products or other services to Customer. Customer represents that this paragraph does not violate its procurement or other laws, regulations, or policies.
4.10. PROPRIETARY MATERIALS. Customer acknowledges that Motorola may use and/or provide Customer with access to Proprietary Materials and Derivative Proprietary Materials. The Proprietary Materials and the Derivative Proprietary Materials are the sole and exclusive property of Motorola and Motorola retains all right, title and interest in and to the Proprietary Materials and Derivative Proprietary Materials.
4.11. ADDITIONAL SERVICES. Any services performed by Motorola outside the scope of this Agreement at the direction of Customer will be considered to be additional Services which are subject to additional charges. Any agreement to perform additional Services will be reflected in a written and executed change order, Addendum or amendment to this Agreement.
Section 5 PERFORMANCE SCHEDULE
The Parties will perform their respective responsibilities in accordance with the Performance Schedule. By executing this Agreement, Customer authorizes Motorola to proceed with contract performance.
Section 6 CONTRACT PRICE, PAYMENT AND INVOICING
6.1. Customer affirms that a purchase order or notice to proceed is not required for contract performance or for subsequent years of service, if any, and that sufficient funds have been appropriated in accordance with applicable law. The Customer will pay all invoices as received from Motorola and any changes in scope will be subject to the change order process as described in this Agreement. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement.
6.2. CONTRACT PRICE. The Contract Price in U.S. dollars is$ 1 , 0763 6 5 . 00 , If applicable, a pricing summary is included with the Payment schedule in Exhibit B. Motorola has priced the Services, Software, and Equipment as an integrated System. A change in Software or Equipment quantities, or Services, may affect the overall Contract Price, including discounts if applicable. Fees for professional , SUA, and/or subscription services which are not included in the Contract Price may be listed Communication System and Services Agreement v.2.9.2021
8 ln Exhibit B, the pricing pages of the proposal, or the applicable Addendum .
6.3. INVOICING AND PAYMENT. Motorola will submit invoices to Customer according to the Payment schedule in Exhibit 8 . Invoices will be mailed or emailed to Customer pursuant to Section 6.5, Invoicing and Shipping Addresses. Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a wire transfer, check, or cashier's check from a U.S. financial institution. Overdue invoices will bear simple interest at the maximum allowable rate. For reference, the Federal Tax Identification Number for Motorola is 36-1115800.
6.4. FREIGHT, TITLE, AND RISK OF LOSS. Motorola will pre-pay and add all freight charges to the invoices. Title and risk of loss to the Equipment will pass to Customer upon shipment. Title to Software will not pass to Customer at any time. Motorola will pack and ship all Equipment in accordance with good commercial practices.
6.5. INVOICING AND SHIPPING ADDRESSES. Invoices will be sent to the Customer at the following address:
Name: __ R_e_,,e,...., ct,...,, 1,_e..;;. y_ P_o_l_i_c_e_D_e...::p_a_r....,.t-=--m_e_n_t_..,..A_t....,,t....,,e-:nc-:t,-,i,-o-:n,-,:=-=--cA=-c_c_o_u_n_t_s_ P_a_y_a_b_l_e_ D_e_p:c.. · _a_r_t_m_e_n_t __ Address: _ _ 8_4_5_G_s_t_r_e_e_t __ R_e_e_d_l_e~y_,_ c_A __ 9_3_6_5_4_-_2_6_9_7 _______________ _ Phone: __ --'(_5_5_9.:....) _63_7_-_4_2_5_0 ___________ _______________ .
E-INVOICE. To receive invoices via email:
Customer Account Number: _______ _____________________ _ Customer Accounts Payable Email: ___ a_c_c_o_u_n_t_s--=p_a-'y'-a_b_l_e_@_r_e_e_d_ l _e ..._y_. _c_a_. __. g_o_v ________ _ Customer CC(optional) Email : _________________________ _ The address which is the ultimate destination where the Equipment will be delivered to Customer is:
Name: _ ___:R;.:.e:c..e::..d::.l=-e=-y..__=-P-=- o =l=i..::.c..::.e___::.D...:: e_...p...::a...::r--'t;;.;m...::e..::.n:...:t:....._ _______ ______________ _ Address: ___ 8_4_5_G_ S_t_r_e_e_ t __ R_e_e_d_l_e_._y...!.,_C_A __ 9_3_6_5_4_-_2_6_9_7 _______________ _ The Equipment will be shipped to the Customer at the following address (insert if this information is known):
Name: Reedley Police Dept . C\O J's Communications, I nc.
Address: 3733 S. Bagley Ave . , Suite C, Fresno, CA 93725 Phone: 559) 44 2 - 44 0 0
Customer may change this information by giving written notice to Motorola.
Section 7 SITES AND SITE CONDITIONS
7 .1. ACCESS TO SITES. In addition to its responsibilities described elsewhere in this Agreement, Customer will provide a designated project manager; all necessary construction and building permits, zoning variances, licenses, and any other approvals that are necessary to develop or use the sites and mounting locations; and access to the worksites or vehicles identified in the Technical and Implementation Documents as reasonably requested by Motorola so that it may perform its duties in accordance with the Performance Schedule and Statement of Work . If the Statement of Work so indicates, Motorola may assist Customer in the local building permit process.
7.2. SITE CONDITIONS. Customer will ensure that all work sites it provides will be safe, secure, and in compliance with all applicable industry and OSHA standards. To the extent applicable and unless the Statement of Work states to the contrary, Customer will ensure that these work sites have adequate:
physical space; air conditioning and other environmental conditions; adequate and appropriate electrical power outlets, distribution, equipment and connections ; and adequate telephone or other communication lines (including modem access and adequate interfacing networking capabilities), all for the installation, use and maintenance of the System . Before installing the Equipment or Software at a work site, Motorola may inspect the work site and advise Customer of any apparent deficiencies or non-conformities with the Communication System and Services Ag reement v.2.9.2021 7 requirements of this Section. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A. standard RS-222 in effect on the Effective Date.
7.3. SITE ISSUES. If a Party determines that the sites identified in the Technical and Implementation Documents are no longer available or desired, or if subsurface, structural, adverse environmental or latent conditions at any site differ from those indicated in the Technical and Implementation Documents, the Parties will promptly investigate the conditions and will select replacement sites or adjust the installation plans and specifications as necessary. If change in sites or adjustment to the installation plans and specifications causes a change in the cost or time to perform, the Parties will equitably amend the Contract Price. Performance Schedule, or both, by a change order.
Section 8 TRAINING
Any training to be provided by Motorola to Customer will be described in the applicable Statement of Work.
Customer will notify Motorola immediately if a date change for a scheduled training program is required. If Motorola incurs additional costs because Customer reschedules a training program less than thirty (30) days before its scheduled start date, Motorola may recover these additional costs.
Section 9 SYSTEM ACCEPT ANGE
9.1. COMMENCEMENT OF ACCEPTANCE TESTING. Motorola will provide to Customer at least ten (10) days notice before the Acceptance Tests commence. System testing will occur only in accordance with the Acceptance Test Plan.
9 .. 2. SYSTEM ACCEPTANCE, System Acceptance will occur upon uccessful completion of the Acceptance Tests. Upon System Acceptanca, the Parties wi ll rn emoriahze th s event by promptly executing a Syst m Acc.eptance Certific le. if the Acceptal'lCi:l Test Plan [ndudes sepairate te,sts for ind vidual Subsystems or phases of tha System, acceptance of lhe,ndlvidual Subsystem or phase will occur upon the successful completion of the Acceptance Test tor the Subsystem o;r p:hase, and the Parties wil,I pmmptly execu le an acceptance certificate for the Subsystem or phase. Ir Gustomo r bo!reves the System has failed the- comptet·ed Acceptance Tests, Customer will provide to Motoro.la a written notice that Includes the specific details of the failure. If Customer does not provide to Motorola a failure notice within thirty (30) days after completion of the Acceptance Tests, System Acceptance will be deemed to have occurred as of the completion of the Acceptance Tests. Minor omissions or variances in the System that do not materially impair the operation of the System as a whole will not postpone System Acceptance or Subsystem acceptance, but will be corrected according to a mutually agreed schedule.
9.3. BENEFICIAL USE. Customer acknowledges that Motorola's ability to perform its implementation and testing responsibilities may be impeded if Customer begins using the System before System Acceptance. Therefore, Customer will not commence Beneficial Use before System Acceptance without Motorola's prior written authorization, which will not be unreasonably withheld. Motorola is not responsible for System performance deficiencies that occur during unauthorized Beneficial Use. Upon commencement of Beneficial Use, Customer assumes responsibility for the use and operation of the System.
9.4. FINAL PROJECT ACCEPTANCE. Final Project Acceptance will occur after System Acceptance when all deliverables and other work have been completed. When Final Project Acceptance occurs, the parties will promptly memorialize this final event by so indicating on the System Acceptance Certificate.
Section 10 REPRESENTATIONS AND WARRANTIES
10.1. SYSTEM FUNCTIONALITY. Motorola represents that the System will perform in accordance with the Specifications in all material respects. Upon System Acceptance or Beneficial Use. whichever occurs first, this System functionality representation is fulfilled. Motorola is not responsible for System performance deficiencies that are caused by ancillary equipment not furnished by Motorola which is attached to or used in connection with the System or for reasons or parties beyond Motorola's control, such as natural causes; Communication System and Services Agreement v.2.9.2021
8 the construction of a building that adversely affects the microwave path reliability or radio frequency (RF) coverage; the addition of frequencies at System sites that cause RF interference or intermodulation ; or Customer changes to load usage or configuration outside the Specifications.
10.2. EQUIPMENT WARRANTY. During the Warranty Period, Motorola warrants that the Equipment under normal use and service will be free from material defects in materials and workmanship. If System Acceptance is delayed beyond six (6) months after shipment of the Equipment by events or causes beyond Motorola's control, this warranty expires eighteen (18) months after the shipment of the Equipment.
10.3. SOFTWARE WARRANTY. Except as described in the SwSP and unless otherwise stated in the Software License Agreement, during the Warranty Period, Motorola warrants the Software in accordance with the warranty terms set forth in the Software License Agreement and the provisions of this Section that are applicable to the Software. If System Acceptance is delayed beyond six (6) months after shipment of the Motorola Software by events or causes beyond Motorola's control, this warranty expires eighteen (18) months after the shipment of the Motorola Software. Nothing in this Warranty provision is intended to conflict or modify the Software Support Policy. In the event of an ambiguity or conflict between the Software Warranty and Software Support Policy, the Software Support Policy governs.
10.4. EXCLUSIONS TO EQUIPMENT AND SOFTWARE WARRANTIES. These warranties do not apply to: (i) defects or damage resulting from: use of the Equipment or Software in other than its normal, customary, and authorized manner; accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, reparr, installation, a,lteration, modifkation, or adjustment not provided or authorized in wrl ll'ig by Motorola; Customer's faflure to comply witli a!ll applicabl- industry and OSH:A s!Endard": (il) braakGge o•f or dam age to antennas unless ca L1s-e:d di reclly by defects in materia I or workm.anship i , im Equipment that has had the serial number removed or made W.egible; (,iv) batteries {because they carry th ir own separate llmfte<l warra,nty) or consL1mables; (v) freight costs to stiip Equipme11l to the repair depot: (vi) scratches or other CO$rnetac damage lo Equipment surf a oos that does not affect the ope rijt[on of the Equipment; nd (vll) tiormal or custom ary we.ar and lear.
10.5. SERVICE WARRANTY. During the Warranty Period, Motorola warrants that the Services will be provided in a good and workmanlike manner and will conform in all material respects to the applicable Statement of Work. Services will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed . Customer acknowledges that the Deliverables may contain recommendations , suggestions or advice from Motorola to Customer (collectively, "recommendations"). Motorola makes no warranties concerning those recommendations, and Customer alone accepts responsibility for choosing whether and how to implement the recommendations and the results to be realized from implementing them.
10.6. WARRANTY CLAIMS. To assert a warranty claim, Customer must notify Motorola in writing of the claim before the expiration of the Warranty Period. Upon receipt of this notice, Motorola will investigate the warranty claim . If this investigation confirms a valid Equipment or Software warranty claim, Motorola will (at its option and at no additional charge to Customer) repair the defective Equipment or Motorola Software, replace it with the same or equivalent product, or refund the price of the defective Equipment or Motorola Software. These actions will be the full extent of Motorola's liability for the warranty claim . In the event of a valid Services warranty claim, Customer's sole remedy is to require Motorola to re-perform the nonconforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. If this investigation indicates the warranty claim is not valid, then Motorola may invoice Customer for responding to the claim on a time and materials basis using Motorola's then current labor rates. Repaired or replaced product is warranted for the balance of the original applicable warranty period. All replaced products or parts will become the property of Motorola.
10.7. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the original user purchasing the System or Services for commercial, industrial, or governmental use only, and are not assignable or transferable.
Communication System and Services Agreement v.2.9.2021
10.8. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE
WARRANTIES FOR THE EQUIPMENT AND MOTOROLA SOFTWARE PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL
OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Section 11 DELAYS
11.1. FORCE MAJ EURE. Neither Party will be liable for its non-performance or delayed performance if caused by a Force Majeure. A Party that becomes aware of a Force Majeure that will significantly delay performance will notify the other Party promptly (but in no event later than fifteen days) after it discovers the Force Majeure. If a Force Majeure occurs, the Parties will execute a change order to extend the Performance Schedule or applicable Addenda for a time period that is reasonable under the circumstances.
11.2. PERFORMANCE SCHEDULE DELAYS CAUSED BY CUSTOMER. If Customer (including its other contractors) delays the Performance Schedule, it will make the promised payments according to the Payment schedule as if no delay occurred; and the Parties will execute a change order to extend the Performance Schedule and, if requested, compensate Motorola for all reasonable charges incurred because of the delay. Delay charges may include costs incurred by Motorola or its subcontractors for additional freight, warehousing and handling of Equipment; extension of the warranties; travel; suspending and re-mobilizing the work; additional engineering, project management, and standby time calculated at then current rates; and preparing and implementing an alternative implementation plan, Section 12 DISPUTES
The Parties will use the following procedure to address any dispute arising under this Agreement (a "Dispute").
12.1. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the laws of the State in which the System is installed.
12.2. NEGOTIATION. Either Party may initiate the Dispute resolution procedures by sending a notice of Dispute ("Notice of Dispute"). The Parties will attempt to resolve the Dispute promptly through good faith negotiations including 1) timely escalation of the Dispute to executives who have authority to settle the Dispute and who are at a higher level of management than the persons with direct responsibility for the matter and 2) direct communication between the executives. If the Dispute has not been resolved within ten (10) days from the Notice of Dispute, the Parties will proceed to mediation.
12.3. MEDIATION. The Parties will choose an independent mediator within thirty (30) days of a notice to mediate from either Party ("Notice of Mediation"). Neither Party may unreasonably withhold consent to the selection of a mediator. If the Parties are unable to agree upon a mediator, either Party may request that American Arbitration Association nominate a mediator. Each Party will bear its own costs of mediation, but the Parties will share the cost of the mediator equally. Each Party will participate in the mediation in good faith and will be represented at the mediation by a business executive with authority to settle the Dispute.
12.4. LITIGATION, VENUE and JURISDICTION. If a Dispute remains unresolved for sixty (60) days after receipt of the Notice of Mediation, either Party may then submit the Dispute to a court of competent jurisdiction in the state in which the System is installed. Each Party irrevocably agrees to submit to the exclusive jurisdiction of the courts in such state over any claim or matter arising under or in connection with this Agreement.
12.5. CONFIDENTIALITY. All communications pursuant to subsections 12.2 and 12.3 will be treated as compromise and settlement negotiations for purposes of applicable rules of evidence and any additional Communication System and Services Agreement v.2.9.2021
1D
confidentiality protections provided by applicable law. The use of these Dispute resolution procedures will not be construed under the doctrines of !aches, waiver or estoppel to affect adversely the rights of either Party.
Section 13 DEFAULT AND TERMINATION
13.1. DEFAULT BY A PARTY. If either Party fails to perform a material obligation under this Agreement, the other Party may consider the non-performing Party to be in default (unless a Force Majeure causes the failure) and may assert a default claim by giving the non-performing Party a written and detailed notice of default. Except for a default by Customer for failing to pay any amount when due under this Agreement which must be cured immediately, the defaulting Party will have thirty (30) days after receipt of the notice of default to either cure the default or, if the default is not curable within thirty (30) days, provide a written cure plan. The defaulting Party will begin implementing the cure plan immediately after receipt of notice by the other Party that it approves the plan. If Customer is the defaulting Party, Motorola may stop work on the project until it approves the Customer's cure plan.
13.2. FAILURE TO CURE. If a defaulting Party fails to cure the default as provided above in Section
13.1, unless otherwise agreed in writing, the non-defaulting Party may terminate any unfulfilled portion of this Agreement. In the event of termination for default, the defaulting Party will promptly return to the nondefaulting Party any of its Confidential Information. If Customer is the non-defaulting Party, terminates this Agreement as permitted by this Section, and completes the System through a third Party, Customer may as its exclusive remedy recover from Motorola reasonable costs incurred to complete the System to a capability not exceeding that specified in this Agreement less the unpaid portion of the Contract Price.
Customer will mitigate damages and provide Motorola with detailed invoices substantiating the charges . In the event Customer elects to terminate this Agreement for any reason other than default, Customer shall pay Motorola for the conforming Equipment and/or Software delivered and all services performed.
Section 14 INDEMNIFICATION
14.1. GENERAL INDEMNITY BY Motorola. Motorola will indemnify and hold Customer harmless from any and all liability, expense, judgment, suit, cause of action , or demand for personal injury, death, or direct damage to tangible property which may accrue against Customer to the extent it is caused by the negligence of Motorola, its subcontractors, or their employees or agents, while performing their duties under this Agreement, if Customer gives Motorola prompt, written notice of any claim or suit. Customer will cooperate with Motorola in its defense or settlement of the claim or suit. This Section sets forth the full extent of Motorola's general indemnification of Customer from liabilities that are in any way related to Motorola's performance under this Agreement.
14.2. GENERAL INDEMNITY BY CUSTOMER. Customer will indemnify and hold Motorola harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Motorola to the extent it is caused by the negligence of Customer, its other contractors, or their employees or agents, while performing their duties under this Agreement, if Motorola gives Customer prompt, written notice of any the claim or suit. Motorola will cooperate with Customer in its defense or settlement of the claim or suit. This Section sets forth the full extent of Customer's general indemnification of Motorola from liabilities that are in any way related to Customer's performance under this Agreement.
14.3. PATENT AND COPYRIGHT INFRINGEMENT.
14.3.1. Motorola will defend at its expense any suit brought against Customer to the extent it is based on a third-party claim alleging that the Equipment manufactured by Motorola or the Motorola Software ("Motorola Product") directly infringes a United States patent or copyright ("Infringement Claim"). Motorola's duties to defend and indemnify are conditioned upon: Customer promptly notifying Motorola in writing of the Infringement Claim; Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and Customer providing to Motorola cooperation and, if requested by Motorola, Communication System and Services Agreement v.2.9.2021
11 reasonable assistance in the defense of the Infringement Claim. In addition to Motorola's obligation to defend, and subject to the same conditions, Motorola will pay all damages finally awarded against Customer by a court of competent jurisdiction for an Infringement Claim or agreed to, in writing, by Motorola in settlement of an Infringement Claim.
14.3.2 If an Infringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola may at its option and expense: (a) procure for Customer the right to continue using the Motorola Product; (b) replace or modify the Motorola Product so that it becomes non-infringing while providing functionally equivalent performance; or (c) accept the return of the Motorola Product and grant Customer a credit for the Motorola Product, less a reasonable charge for depreciation. The depreciation amount will be calculated based upon generally accepted accounting standards.
14.3.3 Motorola will have no duty to defend or indemnify for any Infringement Claim that is based upon: (a) the combination of the Motorola Product with any software, apparatus or device not furnished by Motorola; (b) the use of ancillary equipment or software not furnished by Motorola and that is attached to or used in connection with the Motorola Product; (c) Motorola Product designed or manufactured in accordance with Customer's designs, specifications, guidelines or instructions, if the alleged infringement would not have occurred without such designs, specifications, guidelines or instructions; (d) a modification of the Motorola Product by a party other than Motorola; (e) use of the Motorola Product in a manner for which the Motorola Product was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by Customer to install an enhancement release to the Motorola Software that is intended to correct the claimed infringement. In no event will Motorola's liability resulting from its indemnity obligation to Customer extend in any way to royalties payable on a per use basis or the Customer's revenues, or any royalty basis other than a reasonable royalty based upon revenue derived by Motorola from Customer from sales or license of the infringing Motorola Product.
14.3.4. This Section 14 provides Customer's sole and exclusive remedies and Motorola's entire liability in the event of an Infringement Claim. Customer has no right to recover and Motorola has no obligation to provide any other or further remedies, whether under another provision of this Agreement or any other legal theory or principle, in connection with an Infringement Claim. In addition, the rights and remedies provided in this Section 14 are subject to and limited by the restrictions set forth in Section 15.
Section 15 LIMITATION OF LIABILITY
Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, indemnification, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of the Equipment, Software, or implementation and other one-time Services with respect to which losses or damages are claimed. With respect to all subscription or other ongoing Services and unless as otherwise provided under the applicable Addenda, Motorola's total liability will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Services preceding the incident giving rise to the claim. AL THOUGH THE PARTIES
ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT
MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS, INCONVENIENCE, LOSS OF USE, LOSS TIME, DATA, GOODWILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING
FROM THIS AGREEMENT, THE SALE OR USE OF THE EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. This limitation of liability provision survives the expiration or termination of the Agreement and applies notwithstanding any contrary provision. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account.
Section 16 CONFIDENTIALITY AND PROPRIETARY RIGHTS
Communication System and Services Agreement v.2.9.2021
12 16.1 . CONFIDENTIAL INFORMATION.
16.1.1. Each party is a disclosing party ("Discloser") and a receiving party ("Recipient") under this Agreement. All Deliverables will be deemed to be Motorola's Confidential Information. During the term of this Agreement and for a period of three (3) years from the expiration or termination of this Agreement, Recipient will (i) not disclose Confidential Information to any third party; (ii) restrict disclosure of Confidential Information to only those employees (including, but not limited to, employees of any wholly owned subsidiary, a parent company, any other wholly owned subsidiaries of the same parent company), agents or consultants who must be d[recUy ir.vofved w th Lhe Con t:denlial lnformatro11 for the purpose and wilo ar bound by confider1 iality terms substantially similar to those iri this Agreen,ent; (iii) r1ot copy, reproduca, reverse engineer, decompile, or ens ssemble any Confidential Information; (iv) use the same d'egree of care as for as own inform~tton or trke importance, but at least use reasonabte care, in safeg:uardlng agairist disciosurn of Contidentlal lnformaUon; (v) promptly nollfy Discloser upon dlscovery of any unauthorized use or dlsdosure o1 the Confidential In ormation arid take .reasonable steps to regain possession of the Confidential Inform lion and prevent further un ulnorized actions or olher breach of this Agreement; and (vi) only use the Confidentia l In ormallon as n~11Jded to fulfiU this Agreement.
16.1.2. Recipient is not obligated to maintain as confidential, Confidential Information that Recipient can demonstrate by documentation (i) is now available or becomes available to the public without breach of this agreement; (ii) is explicitly approved for release by written authorization of Discloser; (iii) is lawfully obtained from a third party or parties without a duty of confidentiality; (iv) is known to the Recipient prior to such disclosure; or (v) is independently developed by Recipient without the use of any of Discloser's Confidential Information or any breach of this Agreement.
16. 1 .3. All Confidential I 11fomiation remains the prop -rty of the Discloser a n.d will not be copied or reproduced withoul the express written permission of the Discloser, except for copies ltlat are absolutely necessary in order to fulfiH this Agreement. Within ten (10) ays of receipt of Discloser's written request, Reclpien wm relllim all Co fid oUal lnformaHon to Disc-lo er ~rl'ong1 with all copies and portions thernof, or certify in writing that alll sucli Co11fidential Information has been destroyed. However, R~cipient may retain one { 1 } arch iv a I copy of the Con fidenfial !rrfo.rmati011 that t may use on I y in case of a di~pute co11cern i 11g this Agreem nt. No I lcern,e, express or imp I il!l d, in the Con 1dential In Jonnalio n Is granted o!her thian to UH the Confidential Information in the manner and to the extent authorized by this Agreement. The Discloser warrants that it is authorized to disclose any Confidential Information it discloses pursuant to this Agreement.
16.2. PRESERVATION OF MOTOROLA'S PROPRIETARY RIGHTS. Motorola, the third party manufacturer of any Equipment, and the copyright owner of any Non-Motorola Software own and retain all of their respective Proprietary Rights in the Equipment and Software, and nothing in this Agreement is intended to restrict their Proprietary Rights . All intellectual property developed , originated , or prepared by Motorola in connection with providing to Customer the Equipment, Software, or related services remain vested exclusively in Motorola, and this Agreement does not grant to Customer any shared development rights of intellectual property. Except as explicitly provided in the Software License Agreement, Motorola does not grant to Customer, either directly or by implication, estoppel, or otherwise, any right, title or interest in Motorola's Proprietary Rights . Customer will not modify, disassemble, peel components, decompile, otherwise reverse engineer or attempt to reverse engineer, derive source code or create derivative works from , adapt, translate, merge with other software, reproduce, distribute, sublicense, sell or export the Software, or permit or encourage any third party to do so. The preceding sentence does not apply to Open Source Software which is governed by the standard license of the copyright owner.
16.3 VOLUNTARY DISCLOSURE. Except as required to fulfill its obligations under this Agreement, Motorola will have no obligation to provide Customer with access to its Confidential Information and/or proprietary information. Under no circumstances will Motorola be required to provide any data related to cost and pricing.
Communication System and Services Agreement v.2.9.2021
13 16.4 DATA AND FEEDBACK.
16.4.1 To the extent permitted by law, Customer owns all right, title and interest in System Data created solely by it or its agents (hereafter, "Customer Data"), and grants to Motorola the right to use, host, cache, store, reproduce, copy, modify, combine, analyze, create derivatives from, communicate, transmit, publish, display, and distribute such Customer Data.
16.4.2 Motorola owns all right, title and interest in data resulting from System Data that is or has been transformed, altered, processed, aggregated, correlated or operated on (hereafter, "Derivative Data").
16.4.3 Any Feedback given by Customer is and will be entirely voluntary and, even if designated as confidential, will not create any confidentiality obligation for Motorola. Motorola will be free to use, reproduce, license or otherwise distribute and exploit the Feedback without any obligation to Customer.
Customer acknowledges that Motorola's receipt of the Feedback does not imply or create recognition by Motorola of either the novelty or originality of any idea. The parties further agree that all fixes, modifications and improvements made to Motorola products or services conceived of or made by Motorola that are based, either in whole or in part, on the Feedback are the exclusive property of Motorola and all right, title and interest in and to such fixes, modifications or improvements to the Motorola product or service will vest solely in Motorola.
Section 17 GENERAL
17.1 . TAXES. The Contract Price does not include any excise, sales, lease, use, property, or other taxes, assessments or duties, all of which will be paid by Customer except as exempt by law. If Motorola is required to pay any of these taxes, Motorola will send an invoice to Customer and Customer will pay to Motorola the amount of the taxes (including any interest and penalties) within thirty (30) days after the date of the invoice. Customer will be solely responsible for reporting the Equipment for personal property tax purposes, and Motorola will be solely responsible for reporting taxes on its income or net worth.
17.2. ASSIGNABILITY AND SUBCONTRACTING. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing , Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business"), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement.
17.3. WAIVER. Failure or delay by either Party to exercise a right or power under this Agreement will not be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power.
17.4. SEVERABILITY. If a court of competent jurisdiction renders any part of this Agreement invalid or unenforceable, that part will be severed and the remainder of this Agreement will continue in full force and effect.
Communication System and Services Agreement v.2.9.2021
14 17.5. INDEPENDENT CONTRACTORS. Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership or formal business organization of any kind.
17.6. HEADINGS AND SECTION REFERENCES. The section headings in this Agreement are inserted only for convenience and are not to be construed as part of this Agreement or as a limitation of the scope of the particular section to which the heading refers. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party.
17.7. NOTICES. Notices required under this Agreement to be given by one Party to the other must be in writing and either personally delivered or sent to the address provided by the other Party by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as Federal Express, UPS, or OHL), or by facsimile with correct answerback received, and will be effective upon receipt.
17.8. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal, state, and local laws, regulations and rules concerning the performance of this Agreement or use of the System.
Customer will obtain and comply with all Federal Communications Commission ("FCC") licenses and authorizations required for the installation, operation and use of the System before the scheduled installation of the Equipment. Although Motorola might assist Customer in the preparation of its FCC license applications, neither Motorola nor any of its employees is an agent or representative of Customer in FCC or other matters.
17.9 FUTURE REGULATORY REQUIREMENTS. The Parties acknowledge and agree that this is an evolving technological area and therefore, laws and regulations regarding Services and use of Solution may change. Changes to existing Services or the Solution required to achieve regulatory compliance may be available for an additional fee. Any required changes may also impact the price for Services.
17.10. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that it has obtained all necessary approvals, consents and authorizations to enter into this Agreement and to perform its duties under this Agreement; the person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this Agreement by the Parties, it is a valid and binding contract, enforceable in accordance with its terms; and the execution , delivery, and performance of this Agreement does not violate any bylaw, charter, regulation, law or any other governing authority of the Party.
17.11. ADMINISTRATOR LEVEL ACCOUNT ACCESS. If applicable to the type of System purchased by Customer, Motorola will provide Customer with Administrative User Credentials. Customer agrees to only grant access to the Administrative User Credentials to those personnel with the training and experience to correctly use them. Customer is responsible for protecting Administrative User Credentials from disclosure and maintaining Credential validity by, among other things, updating passwords when required. Customer may be asked to provide valid Administrative User Credentials when in contact with Motorola System support personnel. Customer understands that changes made as the Administrative User can significantly impact the performance of the System. Customer agrees that it will be solely responsible for any negative impact on the System or its users by any such changes. System issues occurring as a result of changes made using the Administrative User Credentials may impact Motorola's ability to perform Services or other obligations under the Agreement. In such cases, a revision to the appropriate provisions of the Agreement, including the Statement of Work, may be necessary. To the extent Motorola provides assistance to correct Communication System and Services Agreement v.2.9.2021
15 any issues caused by or arising out of the use of or failure to maintain Administrative User Credentials, Motorola will be entitled to bill Customer and Customer will pay Motorola on a time and materials basis for resolving the issue.
17.12. SURVIVAL OF TERMS. The following provisions will survive the expiration or termination of this Agreement for any reason: Section 3.5 (Motorola Software); Section 3.6 (Non-Motorola Software); if any payment obligations exist, Sections 6.2 and 6.3 (Contract Price and Invoicing and Payment); Subsection
10.8 (Disclaimer of Implied Warranties); Section 12 (Disputes); Section 15 (Limitation of Liability); and Section 16 (Confidentiality and Proprietary Rights); and all of the General provisions in Section 17.
17.13. ENTIRE AGREEMENT. This Agreement, including all Exhibits, constitutes the entire agreement of the Parties regarding the subject matter of the Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be executed in multiple counterparts, and shall have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing, or by electronic signature, including by email. An electronic signature, or a facsimile copy or computer image, such as a PDF or tiff image, of a signature, shall be treated as and shall have the same effect as an original signature. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties.
The preprinted terms and conditions found on any Customer purchase or purchase order, acknowledgment or other form will not be considered an amendment or modification of this Agreement, even if a representative of each Party signs that document.
The Parties hereby enter into this Agreement as of the Effective Date.
Motorola Solutions, Inc. Customer
By: - ---- --- --- - By: _ _ ___ ___ __ _
Name: _______ _____ _ Name:---~ -------~ -
Title: _ ____ _ _____ _ Title: _ ____ ____ ___ _
Date: _ ______ _ _ ___ _ Date: _ ____ _____ ___ _
Communication System and Services Agreement v.2.9.2021
16 Exhibit A
MOTOROLA SOFTWARE LICENSE AGREEMENT
This Exhibit A Motorola Software License Agreement ("Agreement") is between Motorola Solutions, Inc., ("Motorola"), and Reedl ey , Ci ty o f ("Licensee").
For good and valuable consideration, the parties agree as follows:
Section 1 DEFINITIONS
1.1 "Designated Products" means products provided by Motorola to Licensee with which or for which the Software and Documentation is licensed for use.
1.2 "Documentation" means product and software documentation that specifies technical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which such information is provided).
1.3 "Open Source Software" means software with either freely obtainable source code, license for modification, or permission for free distribution.
1.4 "Open Source Software License" means the terms or conditions under which the Open Source Software is licensed.
1.5 "Primary Agreement" means the agreement to which this exhibit is attached.
1.6 "Security Vulnerability" means a flaw or weakness in system security procedures, design, implementation, or internal controls that could be exercised (accidentally triggered or intentionally exploited) and result in a security breach such that data is compromised, manipulated or stolen or the system damaged.
1.7 "Software" (i) means proprietary software in object code format, and adaptations, translations, decompilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain one or more item s of software owned by a third party supplier. The term "Software" does not include any third party softwar provided Linder separnt i lioense or third party software not licensable u11der lhe term of this Agreement.
Section 2 SCOPE
Motorola and Licensee enter into this Agreement in connection with Motorola's delivery of certain proprietary software or products containing embedded or pre-loaded proprietary software, or both. This Agreement contains the terms and conditions of the license Motorola is providing to Licensee, and Licensee's use of the proprietary software and affiliated documentation.
Section 3 GRANT OF LICENSE
3.1. Subject to the provisions of this Agreement and the payment of applicable license fees, Motorola grants to Licensee a personal, limited, non-transferable (except as permitted in Section 7) and nonexclusive license under Motorola's copyrights and Confidential Information (as defined in the Primary Agreement) embodied in the Software to use the Software, in object code form, and the Documentation solely in connection with Licensee's use of the Designated Products. This Agreement does not grant any rights to source code.
Communication System and Services Agreement v.2.9.2021
H
3.2. If the Software licensed under this Agreement contains or is derived from Open Source Software, the terms and conditions governing the use of such Open Source Software are in the Open Source Software Licenses of the copyright owner and not this Agreement. If there is a conflict between the terms and conditions of this Agreement and the terms and conditions of the Open Source Software Licenses governing Licensee's use of the Open Source Software, the terms and conditions of the license grant of the applicable Open Source Software Licenses will take precedence over the license grants in this Agreement. If requested by Licensee, Motorola will use commercially reasonable efforts to: (i) determine whether any Open Source Software is provided under this Agreement; and (ii) identify the Open Source Software (or specify where that license may be found).
3.3 TO THE EXTENT, IF ANY, THAT THERE IS A SEPARATE LICENSE AGREEMENT PACKAGED
WITH, OR PROVIDED ELECTRONICALLY WITH, A PARTICULAR PRODUCT THAT BECOMES
EFFECTIVE ON AN ACT OF ACCEPTANCE BY THE END USER, THEN THAT AGREEMENT
SUPERSEDES THE SOFTWARE LICENSE AGREEMENT AS TO THE END USER OF EACH SUCH PRODUCT.
Section 4 LIMITATIONS ON USE
4.1 . Licensee may use the Software only for Licensee's internal business purposes and only in accordance with the Documentation. Any other use of the Software is strictly prohibited. Without limiting the general nature of these restrictions, Licensee will not make the Software available for use by third parties on a "time sharing," "application service provider," or "service bureau" basis or for any other similar commercial rental or sharing arrangement.
4.2. Licensee will not, and will not allow or enable any third party to: (i) reverse engineer, disassemble, peel components, decompile, reprogram or otherwise reduce the Software or any portion to a human perceptible form or otherwise attempt to recreate the source code; (ii) modify, adapt, create derivative works of, or merge the Software; (iii) copy, reproduce, distribute, lend, or lease the Software or Documentation to ,my third party, g ran l a11 y sub liGe,n se or othar rights 111 the Soflw re or Documentation t any lhird pc1rty, or take any action that would caus the Software or Documentation to be plac.,ed in the puMic domain; {iv) remov0, orln any way alter or obscure, -any copyright notice or o her nolice of M torola's prnpri.etary rights; (v) provide, copy, lrli1nsmit, dlsclose, divulge or make the Software or Documsntalion available lo, or permit the use of the Soflwarn by any third p rty or on any machina except as expressly aulholi-zed by !his Agreement; or (vi) use, or permit the use of, the Software f a manner that would resul in ltia production o.f a copy of the Software solely by activating a machine containing the 8Cii1ware. Licensee may mak on.e copy of Softwam to be vsed solely for archiva~ b ck~up or disaster rect:tvery purposes: provided lhat Uoo11see may not operate that copy of the Software al the s me trme as the original Softwar® is beirtg operated. Uc nsee may mail<e as. many copies of the Docurnen a Ion as it may reasonably require for Lh e Internal use of the Software.
4.3. Unless otherwise authorized by Motorola in writing, Licensee will not, and will not enable or allow any third party to: (i) install a licensed copy of the Software on more than one unit of a Designated Product; or (ii) copy onto or transfer Software installed in one unit of a Designated Product onto one other device.
Licensee may temporarily transfer Software installed on a Designated Product to another device if the Designated Product is inoperable or malfunctioning, if Licensee provides written notice to Motorola of the temporary transfer and identifies the device on which the Software is transferred. Temporary transfer of the Software to another device must be discontinued when the original Designated Product is returned to operation and the Software must be removed from the other device. Licensee must provide prompt written notice to Motorola at the time temporary transfer is discontinued.
4.4 Licensee will maintain, during the term of this Agreement and for a period of two years thereafter, accurate records relating to this license grant to verify compliance with this Agreement. Motorola or an independent third party ("Auditor") may inspect Licensee's premises, books and records, upon reasonable prior notice to Licensee, during Licensee's normal business hours and subject to Licensee's facility and Communication System and Services Agreement v.2.9.2021
security regulations. Motorola is responsible for the payment of all expenses and costs of the Auditor. Any information obtained by Motorola and the Auditor will be kept in strict confidence by Motorola and the Auditor and used solely for the purpose of verifying Licensee's compliance with the terms of this Agreement.
Section 5 OWNERSHIP AND TITLE
Motorola, its licensors, and its suppliers retain all of their proprietary rights in any form in and to the Software and Documentation, including, but not limited to, all rights in patents, patent applications, inventions, copyri1gihts, trade marks , trade secrets, trade names; and other proprielBry rights fn or rel~t.ing lo the sonware and Doc u rnentatio n (including any correoti ons, bug t xes, e11 hancem e nls, up.dates, rnodifica !ions, adaptations, translations, de-compilations, disassemblies, emulations to or derivative works from the Software or Documentation, whether made by Motorola or another party, or any improvements that result from Motorola's processes or, provision of information services). No rights are granted to Licensee under this Agreement by implication, estoppel or otherwise, except for those rights which are expressly granted to Licensee in this Agreement. All intellectual property developed, originated, or prepared by Motorola in connection with providing the Software, Designated Products, Documentation or related services, remains vested exclusively in Motorola, and Licensee will not have any shared development or other intellectual property rights.
Section 6 LIMITED WARRANTY; DISCLAIMER OF WARRANTY
6.1 . Unless otherwise stated in the Primary Agreement, the commencement date and the term of the Software warranty will be a period of ninety (90) days from Motorola's shipment of the Software (the ''Warranty Period"). If Licensee is not in breach of any of its obligations under this Agreement, Motorola warrants that the unmodified Software, when used properly and in accordance with the Documentation and this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Whether a defect occurs will be determined by Motorola solely with reference to the Documentation. Motorola does not warrant that Licensee's use of the Software or the Designated Products will be uninterrupted, errorfree, completely free of Security Vulnerabilities, or that the Software or the Designated Products will meet Licensee's particular requirements. Motorola makes no representations or warranties with respect to any third party software included in the Software. Notwithstanding, any warranty provided by a copyright owner in its standard license terms will flow through to Licensee for third party software provided by Motorola.
6.2 Motorola's sole obligation to Licensee and Licensee's exclusive remedy under this warranty is to use reasonable efforts to remedy any material Software defect covered by this warranty. These efforts will involve either replacing the media or attempting to correct significant, demonstrable program or documentation errors or Security Vulnerabilities. If Motorola cannot correct the defect within a reasonable time, then at Motorola's option, Motorola will replace the defective Software with functionally-equivalent Software, license to Licensee substitute Software which will accomplish the same objective, or terminate the license and refund the Licensee's paid license fee.
6.3. Warranty claims are described in the Primary Agreement.
6.4. The express warranties set forth in this Section 6 are in lieu of, and Motorola disclaims, any and all other warranties (express or implied, oral or written) with respect to the Software or Documentation, including, without limitation, any and all implied warranties of condition, title, non-infringement, merchantability, or fitness for a particular purpose or use by Licensee (whether or not Motorola knows, has reason to know, has been advised, or is otherwise aware of any such purpose or use), whether arising by law, by reason of custom or usage of trade, or by course of dealing. In addition, Motorola disclaims any warranty to any person other than Licensee with respect to the Software or Documentation.
Communication System and Services Agreement v.2.9.2021
19 Section 7 TRANSFERS
Licensee will not transfer the Software or Documentation to any third party without Motorola's prior written consent. Motorola's consent may be withheld at its discretion and may be conditioned upon transferee paying all applicable license fees and agreeing to be bound by this Agreement. If the Designated Products are Motorola's radio products and Licensee transfers ownership of the Motorola radio products to a third party, Licensee may assign its right to use the Software (other than CPS and Motorola's FLASHport® software) which is embedded in or furnished for use with the radio products and the related Documentation; provided that Licensee transfers all copies of the Software and Documentation to the transferee, and Licensee and the transferee sign a transfer form to be provided by Motorola upon request, obligating the transferee to be bound by this Agreement.
Section 8 TERM AND TERMINATION
8.1 Licensee's right to use the Software and Documentation will begin when the Primary Agreement is signed by both parties and will continue for the life of the Designated Products with which or for which the Software and Documentation have been provided by Motorola, unless Licensee breaches this Agreement, in which case this Agreement and Licensee's right to use the Software and Documentation may be terminated immediately upon notice by Motorola.
8.2 Within thirty (30) days after termination of this Agreement, Licensee must certify in writing to Motorola that all copies of the Software have been removed or deleted from the Designated Products and that all copies of the Software and Documentation have been returned to Motorola or destroyed by Licensee and are no longer in use by Licensee.
8.3 Licensee acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Software and Documentation and that Licensee's breach of this Agreement will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Licensee breaches this Agreement, Motorola may terminate this Agreement and be entitled to all available remedies at law or in equity (including immediate injunctive relief and repossession of all non-embedded Software and associated Documentation unless Licensee is a Federal agency of the United States Government).
Section 9 Commercial Computer Software
9 .1 This Section 9 only applies to U.S. Government end users. The Software, Documentation and updates are commercial items as that term is defined at 48 C.F.R. Part 2.101, consisting of "commercial computer software" and "computer software documentation" as such terms are defined in 48 C.F.R. Part 252.227- 7014(a)(1) and 48 C.F.R. Part 252.227-7014(a)(5), and used in 48 C.F.R. Part 12.212 and 48 C.F.R. Part 227.7202, as applicable. Consistent with 48 C.F.R. Part 12.212, 48 C.F.R. Part 252.227-7015, 48 C.F.R.
Part 227.7202-1 through 227.7202-4, 48 C.F.R. Part 52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, the Software, Documentation and Updates are distributed and licensed to U.S. Government end users: (i) only as commercial items, and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions contained herein.
9.2 If Licensee is licensing Software for end use by the United States Government or a United States Government agency, Licensee may transfer such Software license, but only if: (i) Licensee transfers all copies of such Software and Documentation to such United States Government entity or interim transferee, and (ii) Licensee has first obtained from the transferee (if applicable) and ultimate end user an enforceable end user license agreement containing restrictions substantially identical to the ones contained in this Agreement. Except as stated in the foregoing, Licensee and any transferee(s) authorized by this subsection
9.2 may not otherwise use or transfer or make available any Motorola software to any third party nor permit any party to do so.
Communication System and Services Agreement v.2.9.2021
20 Section 10 CONFIDENTIALITY
Licensee acknowledges that the Software and Documentation contain Motorola's valuable proprietary and Confidential Information and are Motorola's trade secrets, and that the provisions in the Primary Agreement concerning Confidential Information apply.
Section 11 LIMITATION OF LIABILITY
The Limitation of Liability provision is described in the Primary Agreement.
Section 12 NOTICES
Notices are described in the Primary Agreement.
Section 13 GENERAL
13.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as an admission or presumption of publication of the Software or public disclosure of any trade secrets associated with the Software.
13.2. COMPLIANCE WITH LAWS. Licensee acknowledges that the Software is subject to the laws and regulations of the United States and Licensee will comply with all applicable laws and regulations, including export laws and regulations of the United States. Licensee will not, without the prior authorization of Motorola and the appropriate governmental authority of the United States, in any form export or re-export, sell or resell, ship or reship, or divert, through direct or indirect means, any item or technical data or direct or indirect products sold or otherwise furnished to any person within any territory for which the United States Government or any of its agencies at the time of the action, requires an export license or other governmental approval. Violation of this provision is a material breach of this Agreement.
13.3 FUTURE REGULATORY REQUIREMENTS. The Parties acknowledge and agree that this is an evolving technological area and therefore, laws and regulations regarding Services and use of Solution may change. Changes to existing Services or the Solution required to achieve regulatory compliance may be available for an additional fee. Any required changes may also impact the price for Services.
13.4. ASSIGNMENTS AND SUBCONTRACTING. Motorola may assign its rights or subcontract its obligations under this Agreement, or encumber or sell its rights in any Software, without prior notice to or consent of Licensee.
13.5. GOVERNING LAW. This Agreement is governed by the laws of the United States to the extent that they apply and otherwise by the internal substantive laws of the State to which the Software is shipped if Licensee is a sovereign government entity, or the internal substantive laws of the State of Illinois if Licensee is not a sovereign government entity. The terms of the U.N. Convention on Contracts for the International Sale of Goods do not apply. In the event that the Uniform Computer Information Transaction Act, any version of this Act, or a substantially similar law (collectively "UCITA") becomes applicable to a party's performance under this Agreement, UCIT A does not govern any aspect of this Agreement or any license granted under this Agreement, or any of the parties' rights or obligations under this Agreement. The governing law will be that in effect prior to the applicability of UCIT A.
Communication System and Services Agreement v.2.9.2021
13.6. THIRD PARTY BENEFICIARIES. This Agreement is entered into solely for the benefit of Motorola and Licensee. No third party has the right to make any claim or assert any right under this Agreement, and no third party is deemed a beneficiary of this Agreement. Notwithstanding the foregoing , any licensor or supplier of third party software included in the Software will be a direct and intended third party beneficiary of this Agreement.
13.7. SURVIVAL. Sections 4, 5, 6.4, 7, 8, 9, 10, 11 and 13 survive the termination of this Agreement.
13.8; ORDER OF PRECEDENCE 111 the evet1l of incansis1 ,nctes belween lhf,s Exhrbit and ltle Primary Agreement, the parties agree that this Exhibit prevails, only with respect to the specific subject matter of this Exhibit, and not the Primary Agreement or any other exhibit as it applies to any other subject matter.
13.9. SECURITY. Motorola uses reasonable means in the design and writing of its own Software and the acquisition of third party Software to limit Security Vulnerabilities. While no software can be guaranteed to be free from Security Vulnerabilities, if a Security Vulnerability is discovered, Motorola will take the steps set forth in Section 6 of this Agreement.
Communication System and Services Agreement v.2.9.2021
22 Exhibit B
PAYMENT
Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a check, cashier's check, or wire transfer drawn on a U.S. financial institution. If Customer has purchased additional Professional or Subscription services, payment will be in accordance with the applicable addenda. Payment for the System purchase will be in accordance with the following milestones.
System Purchase (excluding Subscribers, if applicable)
1. 25% of the Contract Price due upon Contract Execution (due upon effective date);
2. 60% of the Contract Price due upon shipment of equipment from Staging;
3. 10% of the Contract Price due upon installation of equipment; and
4. 5% of the Contract Price due upon Final Acceptance.
If Subscribers are purchased, 100% of the Subscriber Contract Price will be invoiced upon shipment (as shipped).
Motorola shall make partial shipments of equipment and will request payment upon shipment of such equipment. In addition, Motorola shall invoice for installations completed on a site-by-site basis or when professional services are completed, when applicable. The value of the equipment shipped/services performed will be determined by the value shipped/services performed as a percentage of the total milestone value. Unless otherwise specified, contract discounts are based upon all items proposed and overall system package. For invoicing purposes only, discounts will be applied proportionately to the FNE and Subscriber equipment values to total contract price. Overdue invoices will bear simple interest at the maximum allowable rate by state law.
For Lifecycle Support Plan and Subscription Based Services:
Motorola will invoice Customer annually in advance of each year of the plan.
The chart below outlines the hourly labor rates for Motorola System Integration resources to be used. The staffing requirements shall be multiplied by the appropriate rate per resource in the table below. The hourly labor rates are fully burdened. The hourly rates per resource type and level are listed in Table 1.
Resource Ty,p1ts
Project System System Project
'levels Mana2ement Engineering Technoloe:ist ~ dministration 4 $ 290.00 $ 300.00 $ 280.00 $ 200.00
3 $ 240 .00 $ 250.00 $ 240.00 $ 180.00
2 ~ 220.00 $ 220.00 $ 220.00 $ 170.00
1 $ 190.00 $ 210.00 $ 210.00 $ 160.00
Table 1 • Hourly Rates
These rates apply to ordinary days and times (Monday to Friday during the hours 8am to 5pm). Additional surcharges may apply to work done outside these timeframes. The minimum charge for any resource will be 4 hours.
Travel expenses are not included in these rates and may be charged separately. The qualifications of each type and level of resource are defined in the tables found at
https :/ /www. motorolasol utions. com/contenUdam/msi/secure/se rvices/la bor-rates-exh ibit-160408. pdf. All Motorola System Integration personnel assigned to this project will be classified according these levels. Project Administrative roles are varied and their specific duties and qualifications will be determined by the complexity and requirements of each project.
Communication System and Services Agreement v.2.9.2021
23 EXHIBIT D
System Acceptance Certificate
Customer Name: --- ------~---- ---~--------
Project Name: ------- --- ----- ------~----~
This System Acceptance Certificate memorializes the occurrence of System Acceptance. Motorola and Customer acknowledge that:
1. The Acceptance Tests set forth in the Acceptance Test Plan have been successfully completed.
2. The System is accepted.
Customer Representative:
Signature: _____________ _
Print Name: _ ___________ _
Title: ______________ _
Date: ____ ___________ _
FINAL PROJECT ACCEPTANCE:
Motorola Representative:
Signature: ______ _____ __ _
Print Name: ____________ _
Title: ______________ _
Date: _ _____ ________ _
Motorola has provided and Customer has received all deliverables, and Motorola has performed all other work required for Final Project Acceptance.
Customer Representative: Motorola Representative:
Signature: _____________ _ Signature: ___________ __ _
Print Name: ____________ _ Print Name: _ ___________ _ Title: _ ____________ _ _ Title: ______________ _ Date: ______________ _ Date:--------------~
Communication System and Services Agreement v.2.9.2021
24 QUOTE
Item
[email protected]
Reedley Police Department
845 G Street
REEDLEY CA 93654
UNITED STATES
Description
AMP Communication Headset
(Connectorized) /Black/ NFMI Enabled
SKU: N101153-02-0001
AMP Helmet Rail Mount/ Black
SKU: 1000440-01
AMP Headset Downlead Cable (21 ")
SKU: N254584-01-0021
Single Channel PTT Kit / Black - APX
SKU: U94/XP-20-AMPV-Kit
UPS Signature & Insurance
Terms
Sales Rep: Michael Simmons
Quotes are guaranteed for 30 days
Registered Office: 80 Rocky Springs Rd., Tylertown, MS, 39667, USA.
Quantity
13.00 13.00
13.00 13.00
1.00 Date
15 May 2023
Expiry
14 Jun 2023
Quote Number
QU-0907
• HCC
OH•Ci-U
!FUI l!:H< l'!Ull•n ~
HCC Tactical
80 Rocky Springs Rd.
Tylertown MS, 39667
888-850-3160 Ext. 1
[email protected]
HydroCore Concepts
20229796705
Unit Price Tax Amount USD
1,199.96 Tax 15,599.48
Exempt
131.979 Tax 1,715.73
Exempt
136.8075 Tax 1,778.50
Exempt
430.50 Tax 5,596.50
Exempt
65.00 Tax 65.00
Exempt
Subtotal 24,755.21
TOTAL TAX 0.00
TOTAL USD 24,755.21
@'tlro~rt
COMMUNICATIONS. INC.
5773 E. Shields Ave.
Fresno, CA 93727
559-292-7010
559-292.-7132 Fax
Quote To: Reedley City Fire Dept.
accounts. [email protected] .gov
845 G Street
Date
05/16/23
Reedley, CA 93654
(559) 318-6026
S~ip Via
CUSTOMER PICKUP
Purchase Order Number
Item Number
MINITOR VI SCH VHF
F.0.8.
Origin
Sales Person
Scott V
Quote
Customer No.: REEDLEY CITY
Quote No.: 52606
Ship To: Reedley City Fire Dept.
1060 D. St.
Reedley, CA 93654
Qu9te Expires
06/15/23
Terms
Net 30
Required
05/16/23
Description Unit Price Amount
429.00 21450.00
( Price Includes Programming of Each Pager)
Quote subtotal
Sales tax @ 9.22500%
Quote totar
Thank You
21450.00
1978.76
23428.76
~ -
-~
Quote
COMMUNICATIONS, INC.
Customer No.: REEDLEY CITY
Quote No.: 52607
Fresno, CA 93727
559-292-7010
559-292-7132 Fax
Quote To: Reedley City Fire Dept.
[email protected]
845 G Street
Pale
05/16/23
Reedley, CA 93654
(559) 318-6026
Ship Vla
CUSTOMER PICKUP
Purchase Order Number I
I Quantity
1F!eaulred , Rhln=..l I A n
,80
40 2.000
Item Number
NX-5200K2 I 1 /1.An.llJ~t~
l'!-~di'l)J
KWD-5100CV
KRA25
KNBL2M
KMC72W
EC12M-KW4B-D
LABOR-HR
F.O.B.
Origin
Sales Person
Scott V
Ship To: Reedley City Fire Dept.
1060 D. St.
I
Reedley, CA 93654
Quote. Expires
06/15/23 I Terms Net30
Required
05/16/23
Description Unit Price I Amount
,~enwood vHi- Analog
Conventlonal/P25 Upgradeable
6 Watts, 1024 Channels wl
Premium 3 Year Warranly
Kenwood License Key for P25
Convenllonal Upgrade
Kenwood VHF High Gain Anl
148-162 MHz SMA-F
NX5000 Battery 2600mA Ll-I6n
Kenwood Noise-cancelling
Speaker Mic IP54155/67 for
NX5000 Serles Handhelds
Endura 12-Unlt Charger for
l<enwood NX5000 Serles
Tech Labor
Programming and acllvallon of P25 license key
Quote subtotal
Sales tax @ 9.22500%
Quote total
Thank You
628.00 25120.00
425.00 17000.00
30.00 1200.00
126.50 10120.00
85,00 3400.00
595.00 595.00
90.00 180.00
57615.00
3730.13
61345.13
Quote
COMMUNICATIONS, INC.
5773 E. Shields Ave.
Customer No.: REEDLEY CITY
Quote No.: 52609
Fresno, CA 93727
559-292-7010
559-292-7132 Fax
Quote To: Reedley City Fire Dept.
[email protected]
845 G Street
Reedley, CA 93654
(559) 318-6026
Date
05/16/23
SJ}!p Via
CUSTOMER PICKUP
Purchase Order Number
Re uired
5 5
5 5
5 Quantity
3111 l I
Item Number
BKR9000-T3.5BC
.. /ffV/ry: ~
A..tAtf:,f,tJd
nfdJ-P$
BKR-UHF
BKR0893-148-E
BKR0102
BKR0300
BKR0204
Ship To: Reedley City Fire Dept.
1060 D. St.
Reedley, CA 93654
F.0.B.
Origin
Sales Person
Scott V
Description
BK Ptu1abkl Rad'lo Tier .
F ool & Top Display - Full
Keypad - Black Housing - No
Quote Expires
06/15/23
Channel Stop - Wi-Fi, Bluetooth, GPS, DES,
ADP Included
Includes VHF Base Frequency
5 Year Warranty for Radio Transceiver
1 Year Warranty on All Accessories
BKR9000 UHF Freq Option
BKR9000 All-Band Antenna
136-174MHz, 380-520MHz &
769-860MHz - SMA Conn
SURPASS LI-Ion Battery
4900mAh for BKR9000
SURPASS Single Bay Desktop
Charger - BKR0102
SURPASS Heavy-Duty Speaker
Mic - 3.5mm Audio Jack, IP68
Toggle Switch & Emergency
BKR5000 & BKR9000 Series
Quote subtotal
Sales tax @ 9.22500%
Quote total
Thank You
Unit Price
2589.00
748.00
65.00 150.00
146.00
255.50
Tenns
Net 30
Re_guired
05/16/23
Amount
12945.00
3740.00
325.00
750.00
730.00
1277.50
19767.50
1823.55
21591 .05
~
~~\ ----
:~ll/
...... __ . __ _. ..
-Quote
COMMlUNl·CATDONS, INC.
5773 E. Shields Ave.
Customer No.: REEDLEY CITY
Quote No.: 52614
Fresno, CA 93727
559-292-7010
559-292-7132 Fax
Quote To: Reedley City Fire Dept.
[email protected]
845 G Street
Dale
05/22/23
Reedley, CA 93654
(559) 318-6026
Ship Via
In Shop Install
Purchase Order Number
B.O.
6.000
Item Number
NX-5700BK
!iA
l<WD-5100CV
L-5077
ICAP2
FP-KENKCH20R
LABOR-HR
Ship To: Reedley City Fire Dept.
1060 D. St.
Reedley, CA 93654
F.O.B.
Origin
Sales Person
Scott V
Description
( 1}130 iZ F-'I00)
Kenwood NXDN / Type C,Moijll.&.
50W 136•174MHz RF DcckCIN'/
l(enwood full feature kit
for NX5700/NX5800 series
Includes lhese accessories
Quote Expires
06/21/23
KCH-20RM, KRK-15BM, KCT-71M2,
KCT-23M3, l(MB-33M, KMC-35, KES-5,
KCT-72M
Kenwood License l<ey for P25
Conventional Upgrade
NX-5000 Custom Firmware
Enhanced Tactical Zone
PA. Horn Relay Option Unit
Louder Speaker Output
Troy 3" Faceplate for NX5000
Serles KCH20R Control Head
Tech Labor
In Shop Removal of older TK571 O and
Interface cable - Installation of new NX5700
remote mount configuration - new Interface
callle and speaker wire • Installation of KAP-2
and USFS Firmware Upgrade - SWR Sweep
and lgnllion sense wire connection
Quote subtotal
Sales tax @ 9.22500%
Quote total
Thank You
Unit Price
568.40
738.92
402.50
60.00 49.70
54.00 90.00
Terms
Net 30
Required
05/22/23
Amount
568.40
738.92
402.50
60.00 49.70
54.00 540.00
2413.52
135.70
2549.22
5773 E. Shields Ave.
Fresno, CA 93727
559-292-7010
559-292-7132 Fax
Quote To: Reedley City Fire Dept.
[email protected] .gov
845 G Street
Reedley, CA 93654
(559) 318-6026
Dale Ship Via
05/22/23 In Shop Install
Purchase Order Number
2'.
2 2.
2 8.000
Item Number
NX-5700B1<
5AFM
5AFFM
KWD-5100CV
L-5077
l<AP2
FP-l<ENKCH20R
LABOR-HR
Quote
Customer No.: REEDLEY CITY
Quote No.: 52615
Ship To: Reedley City Fire Dept.
1060 D. St.
Reedley, CA 93654
F.O.B.
Origin
Sales Person
Scott V
Description
B 31 2018 F- JSO I
Kenwood NXDN / Type Cl Mt:11)11ti
50W 136-174MHz RF Dec!( Only
Kenwood full feature kit
for NX5700/NX5800 series
Includes these accessories
Quote Expires
06/21/23
KCH-20RM, KRK-15BM, KCT-71M2,
KCT-23M3, KMB-33M, KMC-35, KES-5,
KCT-72M
NX5000 Series Single Deck
Dual Remote Head Acey Kit
KCH-20RM(x2), l<RK-15BM, KCT-71M2(x2),
KCT-23M3, KMB-33M, KMC-35(x2).
l(ES•5(x2), KCT-72M(x2)
l<enwood License Key for P25
Conventional Upgrade
NX-5000 Custom Firmware
Enhanced Tactical Zone
PA, Horn Relay Option Unit
for TK7180/TK8180
Troy 3" Faceplate for NX5000
Serles KCH20R Control Head
Tech Labor
In Shop Removal of 2 TK5710 remote mount
configurations • Installation of 2 new NX5700
single head and dual head with Interface cable
run to back of vehicle - installation of KAP-2
and USFS Firmware Upgrade • SWR Sweep
and Ignition sense wire conneclion
Quote subtotal
Sales tax @ 9.22500%
Quote total
Thank You
Unit Price
568.40
738.92
1384.81
402.50
60.00 49.70
54.00 90.00
Terms
Net 30
Required
05/22/23
Amount
1136.80
738.92
1384.81
805.00
120.00
99.40 108.00
720.00
5112.93
330.99
5443.92
5773 E. Shields Ave.
Fresno, CA 93727
559-292-7010
559-292-7132 Fax
Quote To: Reedley City Fire Dept.
[email protected]
845 G Street
Date
05/22/23
Reedley, CA 93654
(559) 318-6026
Ship Via
In Shop lnstaH
Purchase Order Number
e.o. Item Number
NX-5700B1<
5AFM
l<WD-5100CV
L-5077
FP-l(ENKCH20R
G,000 LABOR-HR
Quote
Customer No.: REEDLEY CITY
Quote No.: 52616
Ship To: Reedley City Fire Dept.
1060 D. St.
Reedley, CA 93654
F,O.B.
Origin
Sales Person
Scott V
Description
( U-131 2014 F-150)
Kenwood NXDN / Type C MQblls
50W 136-174MHz RF Deak 0 111,)'
Kenwood full feature kit
for NX5700/NX5800 series
Includes these accessories
Quote Expires
06/21/23
KCH-20RM, KRK-158M, KCT-71M2,
KCT-23M3, l<MB-33M, KMC-35, KES-5,
l<CT-72M
Kenwood License Key for P25
Conventional Upgrade
NX-5000 Custom Firmware
Enhanced Tactical Zone
PA, Horn Relay Option Unit
for Tl<7180ITl<8180
Troy 3' Faceplate for NX5000
Serles KCH20R Control Head
Tech Labor
In Shop Removal of Dash Mount TK5710 and
Installation of new NX-5700 remote mount
configuration • New Interface cable and
speaker wire • Installation of KAP-2 & USFS
Firmware Upgrade - SWR Sweep and Ignition
sense wire connection
Quote subtotal
Sales tax @ 9.22500%
Quote total
Thank You
Unit Price
568.40
738.92
402.50
60.00 49.70
54.00 90.00
Terms
Net 30
Required
05/22/23
Amount
568.40
738.92
402.50
60.00 49.70
54.00 540.00
2413.52
135.70
2549.22
~ liiiii}[iiii!,
~~Y~l-1
c=.:-_
=;;,ci '·~--;-· iwl· ·····~r~v ,= .. _ VI. .'/ l / 'i]1i \I 1' s-
~~ ~ =AJ I l '-1~ ', l ,. ... __ .J:~I~J'U _ .• , Quote "'·-- -···/ COMMUN~CATIONS, INC. Customer No.: REEDLEY CITY
Quote No.: 52617 5773 E. Shields Ave.
Fresno, CA 93727
559-292-7010
559-292-7132 Fax
Quote To: Reedley City Fire Dept.
[email protected]
845 G Street
Date
05/22/23
Reedley, CA 93654
(559) 318-6026
Ship Via
In Shop Install
Purchase Order Number
Item Number
1 NX-5700BK
5AFM
l<WD-5100CV
L-5077
KAP.2
FP-l<ENKCH20R
G.000 LABOR-HR
Ship To: Reedley City Fire Dept.
1060 D. St.
Reedley, CA 93654
F.O.B.
Origin
Sales Person
Scott V
Description
S,. 131 2009 • ,50 T~e G)
Kenwood NXDN I Type C,Mobn.:i
50W 13G-174MHz RFD dCOrtlv
l<enwood full feature kit
for NX6700/NX5800 series
Includes these accessories
Quote Expires
06/21/23
KCH-20RM, KRK-15BM, KCT-71M2,
KCT-23M3, l<MB-33M, KMC-35, KES-5,
l<CT-72M
l<enwood License Key for P25
Conventional Upgrade
NX-5000 Custom Firmware
Enhanced Tactical Zone
PA, Horn Relay Option Unit
for TK7180/TK8180
Troy 3" Faceplate for NX5000
Serles l<CH20R Control Head
Tech Labor
In Shop Removal of Motorola Remote Setup
and Installation of new NX5700 Remote Slngle
Head - Interface cable and speaker wire -
Installation of KAP-2 and USFS Firmware
Upgrade - SWR Sweep and Ignition sense wire
connection
Quote sublotal
Sales tax @ 9.22500%
Quale total
Thank You
Unit Price
568.40
738.92
402.50
60.00 49.70
54.00 90.00
Terms
Net30
Required
05/22/23
Amounl
568.40
738.92
402.50
60.00 49.70
54.00 540.00
2413.52
135.70
2549.22
~ r-
~r ~,•V v7 -~• . . ...
···-------·
Quote
CIOMMUNICATUONS, INC. Customer No.: REEDLEY CITY
5773 E. Shields Ave.
Fresno, CA 93727
559-292-7010
559-292-7132 Fax
Quote To: Reedley City Fire Dept.
[email protected]
845 G Street
Date
05/23/23
Reedley, CA 93654
(559) 318-6026
Ship Via
CUSTOMER PICKUP
Purchase Order Number
6.000
Item Number
NX-5700BK
6.AFM
l<WD-5100CV
L-5077
l<AP2
FP-l<ENKCH20R
LABOR-HR
Quote No.: 52618
Ship To: Reedley City Fire Dept.
1060 D. St.
Reedley, CA 93654
F.O.B,
Origin
Sales Person
Scott V
Description
( I;- k:J 1 202 Rl5sa be.Qar yp~ 1 I
Kenwood NXDN / Type C Moblh~
50W 136-174MHz RF D~.lik !Jtlti
Kenwood full feature kit
for NX5700/NX5800 series
Includes these accessories
Quote Expires
06/22/23
KCH-20RM, l<RK-15BM, KCT-71M2,
KCT-23M3, KMB-33M, KMC-35, KES-5,
KCT-72M
l<enwood License l<ey for P25
Convenllonal Upgrade
NX-5000 Custom Firmware
Enhanced Tactical Zone
PA, Hom Relay Option Unit
Louder Speaker Output
Troy 3" Faceplate for NX5000
Serles KCH20R Control Head
Tech Labor
In Shop Removal of older Tl<5710 Remote
Mount Configuruatlon and Installation or new
NX5700 Single Head Remote Mount Setup -
New Interface cable and speaker wire run -
Installation of l<AP2 & USFS Firmware
Upgrade - SWR Sweep ancl Ignition sense wire
connection
Quote subtotal
Sales tax@ 9.22500%
Quote total
Thank You
Unit Price
560.40
738.92
402.50
60.00 49.70
54.00 90.00
Terms
Net 30
Required
05/23/23
Amount
568.40
738.92
402.50
60.00 49.70
54.00 540.00
2413.52
135.70
2549.22
Quote
CIOMMUNl'CATIIONS, INC.
5773 E. Shields Ave.
Customer No.: REEDLEY CITY
Quote No.: 52619
Fresno, CA 93727
559-292-7010
559-292-7132 Fax
Quote To: Reedley City Fire Dept.
[email protected]
845 G Street
Dale
05/23/23
Reedley, CA 93654
(559) 318-6026
Ship Via
In Shop Install
Purchase Order Number
8,000
Item Number
NX-5700BK
5AfM
l<WD-5100CV
L-5077
KAP2
FP-l(ENKCH20R
LABOR-HR
Ship To: Reedley City Fire Dept.
1060 D. St.
Reedley, CA 93654
F.O.B.
Origin
Salas Parson
Scott V
Description
aat 200G~Jerce T~pei l! l
Kenwood NXON / Type C:: Mobllfl
50W 136-174MHz RF DecK0 11 I~
Kenwood full feature kit
for NX5700/NX5800 series
Includes these accessories
Quote Expires
06/22/23
KCH-20RM, KRK-15BM, KCT-71M2,
l<CT-23M3, KMB-33M, KMC-35, KES-5,
l<CT·72M
l(enwood License l<ey for P25
Conventional Upgrade
NX-5000 Custom Firmware
Enh11nced Tactical Zone
PA, Horn Relay Option Unit
Louder Speaker Oulput
Troy 3" Faceplate for NX5000
Serles l(CH20R Conlrol Head
Toch Labor
In Shop Removal of older TK5710 Remote
Moun! Configuration and Installation of new
NX5700 Single Head Remoul Mount Selllp •
New Interface cable and speaker wire run •
Installation of l(AP2 & FSFS Firmware
Upgrade - SWR Sweep ancl Ignition sense wire
connection
Quote subtotal
Sales tax @ 9.22500%
Quote total
Thank You
Unit Price
568.40
738.92
402.50
60.00 49.70
54.00 90.00
Terms
Net 30
Required
05/23/23
Amount
568.40
738.92
402.50
60.00 49.70
54.00 720.00
2593.52
135.70
2729.22
5773 E. Shields Ave.
Fresno, CA 93727
559-292-7010
559-292-7132 Fax
Quote To: Reedley City Fire Dept.
[email protected]
845 G Street
Date
05/23/23
Reedley, CA 93654
(559) 318-6026
Ship Via
In Shop Install
Purchase Order Number
B.O.
1 8.000
Item Number
NX-5700BI(
5AFM
KWD-5100CV
L-5077
FP-l<ENl(CH20R
LABOR-HR
Quote
Customer No.: REEDLEY CITY
Quote No.: 52620
Ship To: Reedley City Fire Dept.
1060 D. St.
Reedley, CA 93654
F.O.B.
Origin
Sales Person
Scott V
Description
Quote Expires
06/22/23
( £ 531 20Q'6Hiirce.ilnlilrno onal Cha's~I~ Typo 3'
Kenwood NXDN I Type r iwlle
60W 136-174MHz RF Dacie 0Iity
Kenwood full feature kit
for NX5700/NX5800 series
Includes these accessories
KCH-20RM, KRK-15BM, l(CT-71 M2,
l<CT-23M3, KMB-33M, KMC-35, KES-5,
l(CT-72M
Kenwood License Key for P25
Conventional Upgrade
NX-5000 Custom Flrmwme
Enhanced Tactlcal Zone
PA, Hom Relay Option Unit
Louder Speaker Output
Troy 3" Faceplate for NX5000
Serles l(CH20R Control Head
Tech Labor
In Shop Removal of older TK5710 Remote
Mount Conflgural\on and lnstallallon of new
NX5700 Single Head Remote Mount Setup -
New Interface cable and speaker wire run -
Installation of KAP2 & FSFS Firmware
Upgrade - SWR Sweep and Ignition sense wire
connection
Quote subtotal
Sales lax @ 9.22500%
Quote total
Thank You
Unit Price
568.40
738.92
402.50
60.00 49.70
54.00 90.00
Terms
Net 30
Required
05/23/23
Amount
568.40
738.92
402.50
60.00 49.70
54.00 720.00
2593.52
135.70
2729.22
5773 E. Shields Ave.
Fresno, CA 93727
559-292-7010
559-292-7132 Fax
Quote To: Reedley City Fire Dept.
[email protected]
845 G Street
Date
05/23/23
Reedley, CA 93654
(559) 318-6026
Ship Vin
In Shop Install
Purchase Order Number
B.O
1 8.000
Item Number
NX-5700BK
51\fM
l<WD-5100CV
L-5077
l(AP2
FP-KENKCH20R
LABOR-HR
Quote
Customer No.: REEDLEY CITY
Quote No.: 52621
Ship To: Reedley City Fire Dept.
1060 D. St.
Reedley, CA 93654
F.O.B.
Origin
Sales Person
Scott V
Description
l(enwood NXDN / Type C Mobile
60W 136-174MHz RF Deck Only
l<enwood full feature kit
for NX5700/NX5800 series
Includes these accessories
Quote Expires
06/22/23
KCH-20RM, KRK-16BM, KCT-71M2,
KCT-23M3, l(MB-33M, KMC-35, KES-5,
KCT-72M
Kenwood License Key for P25
Conventional Upgrade
NX-5000 Custom Firmware
Enhanced Tactical Zone
PA, Horn Relay Option Unll
Louder Speaker Output
Troy 3" Faceplate for NXS000
Serles KCH20R Control Head
Tech Labor
In Shop Removal of older TK5710 Remele
Mount Configuration and Installation of new
NX5700 Remote Mount Setup - New Interface
cable and speaker wire run • Installation of
KAP2 & FSFS Firmware Upgrade • SWR
Sweep and ignition sense wire connection
Quote subtotal
Sales tax @ 9.22500%
Quote total
Thank You
Unit Price
568.40
738.92
402.50
60.00 49.70
54.00 90.00
Terms
Net30
Required
05/23/23
Amount
568.40
738.92
402.50
60.00 49.70
54.00 720.00
2593.52
135.70
2729.22
Quote
COMMUJNl·CATRONS, INC.
5773 E. Shields Ave.
Customer No.: REEDLEY CITY
Quote No.: 52622
Fresno, CA 93727
559-292-7010
559-292-7132 Fax
Quote To: Reedley City Fire Dept.
[email protected]
845 G Street
Date
05/23/23
Reedley, CA 93654
(559) 318-6026
Ship Via
In Shop Install
Purchase Order Number
11 6.000
Item Number
NX-5700BK
5AFM
l<WD-5100CV
L-5077
l<AP2
FP-l<ENl<CH20R
LABOR-HR
Ship To: Reedley City Fire Dept.
1060 D. St.
Reedley, CA 93654
F.O.B.
Origin
Sales Person
Scott V
Description
( R3J1 188,:f, ••:)60 I
Kenwood NXDN / Type C o~ 50W 136-174MHz RF De,ct,;. 0 111~ l<onwood full feature kit
for NX5700/NX5800 series
Includes these accessories
Quote Expires
06/22/23
KCH-20RM, KRK-15BM, KCT-71M2,
KCT-23M3, KMB-33M, KMC-35, KES-5,
KCT-72M
Kenwood License l(ey (or P25
Conventional Upgrade
NX-5000 Custom Firmware
Enhanced Tacllcal Zone
PA. Horn Relay Option Unit
Louder Speaker Output
Troy 3" Faceplate for NX5000
Serles l<CH20R Control Head
Tech Labor
In Shop Removal or older Motorola Remote
Mount Configuration and Installation of n0w
NX5700 Single Head Remote Mount Setup -
New Interface cable and speaker wire run -
Installation of l<AP2 & FSFS Firmware
Upgrade - SWR Sweep and lgnlllon sense wire
connection
Quote subtotal
Sales tax@ 9.22500%
Quote total
Thank You
Unit Price
568.40
738.92
402.50
60.00 49.70
54.00 90.00
Terms
Net30
Required
05/23/23
Amount
568.40
738.92
402.50
60.00 49.70
54.00 540.00
2413.52
135.70
2549.22
~~\!- 1~
~·
"'·-----·
Quote
COMMUNICATIONS, INC~ Customer No.: REEDLEY CITY
Quote No.: 52623 5773 E. Shields Ave.
Fresno, CA 93727
559-292-7010
559-292-7132 Fax
Quote To: Reedley City Fire Dept.
[email protected]
845 G Street
Date
05/23/23
Reedley, CA 93654
(559) 318-6026
Ship Via
Field Install
Purchase Order Number
Item Number
1 NX-5700B1<
5AFM
l<WD-5100CV
L-5077
4.000 LABOR-HR
Ship To: Reedley City Fire Dept.
1060 D. St.
Reedley, CA 93654
F.O.B.
Origin
Sales Person
Scott V
Description
Kenwood NXDN / Type C M;oblt~
50W 136-174MHz RF D6c~ 0 y
l<enwood full feature kit
for NX5700/NX5800 series
Includes these accessories
Quote Expires
06/22/23
KCH-20RM, KRK-15BM, KCT-71M2,
KCT-23M3, KMB-33M, KMC-35, KES-5,
l<CT-72M
l<enwood License Key for P25
Convenllonal Upgmde
NX-5000 Custom Firmware
Enhanced Tactical Zone
PA, Horn Relay Option Unit
Louder Speaker Output
Tech Labor
Installation of new NX5700 base radio setup•
wire configuration for external PA • Custom
programming with two-tone alert • Hot powor
connection • Removal of older Motorola base
radio
Quote subtotal
Sales tax@ 9.22500%
Quote total
Thank You
Unit Price
568.40
738.92
402.50
60.00 49.70
90.00 Terms
Net30
Required
05/23/23
Amount
568.40
738.92
402.50
60.00 49.70
360.00
2179.52
130.72
2310.24
4-<
.• (~MOTOROLA SOLUTIONS
' QUOTE-2034031
n,e design, technical, pricing, and other Information ( .. Information ., ) furnished wNJt Uk . &Ul)lte4i.'.::I~ S.tcn1id!!1idal1 ~I~ liikim"'-"ttk:ln °' Motorola Solutions. Inc. or the Molorola Solutions entity providing this quote {"Motorola") and is submitted w;u, U1e restriction that itis to be u;;ed tor eval;Jolbm pi11P9iJJS'-O~ .. T~,l.hl Mias:! ~t rA'HKlb'Japplir.obla li;'.lw, U1e lnformallon is not to be disclosed publicly or rn any manner to anyone other than u,ose required to evaluate the lnfonnation without the exprt!t$ 'Miit1cn ~J111Dion of t,4iatcrala.
MOTOROLA. MOTO, MOTOROLA SOLUTIONS, and !he Stylized M Logo aro l@<18!ffllli!! or,~~o,.,d trademarks of Motorola Trademark Holdings, LLC and are usod under license, All olher trademarks are tl,e property of their respective owners. (r;') 2020 Motorola Solutions, Inc. All rights r.er.:e~. • MOTOROLA SOLUTIONS
Billing Address:
REEDLEY, CITY OF
843 G ST
REEDLEY, CA 93654
us
QUOTE:'~2034031
VHF Voting for Fire Local Repeater
Quote Date:05/01/2023
Expiration Date:06/30/2023
Quote Created By:
Randy Emerzian
[email protected]
End Customer:
REEDLEY, CITY OF
Jerry Isaak
[email protected]
559-637-4230
Contract: 18105 - LA COUNTY , CA MAIS-2240228
Line# Item Numil-er Description Qty Li~1 Pike Sale Price •Ext S;:;;le Pdte ,
I -- - -
GPW 8000
T7540A GPW 8000 RECEIVER 2 $1,000.00 $800.00 $1 ,600.00 1a X302AR ADD: QTY 2 GPW 8000 2 $800.00 $640.00 $1,280.00
RECEIVER
1b CA03111AA ADD: CEC COMPLIANCE 2 $0.00 $0.00 $0.00
1c CA01953AB ADD: POWER EFFICIENCY 2 $500.00 $400.00 $800.00
PACKAGE
1d CA00718AA ADD: ASTRO SYSTEM $0.00 $0.00 $0.00
RELEASE 7.18
1e CA02136AA INC: GTR ANALOG 4W E&M 4 $0.00 $0.00 $0.00
SIMULCST KIT
H CA00290AC INC: VHF 136-174 $0.00 $0.00 $0,00
TRANCEIVER
1g X530BH ADD: VHF (136-174 MHZ) 4 $3,200.00 $2,560.00 $10,240.00 1h X153AW ADD: RACK MOUNT 2 $50.00 $40.00 $80.00
HARDWARE
11 CA01949AB ADD: ANALOG ONLY CONV 4 $0.00 $0.00 $0,00 .
SW RIX ONLY
MLC 8000
2 F2979A SM,MLC8000 MOD 2 $2,000.00 $1,600.00 $3,200.00 -
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed w1ilten contract between Customer and Moloro1a {the ""Underlying Agreement•") lhal authorizes Customer to purchase equipment and/or se1vice~ or license softwmo (collcclively ''"Products"•). If no Underly~ ce.rnent exists between Motorola and Customer. then Motorola's Standard Term• o! lJ5<1 a11<1 Mptorot•·• s ~,nd;vd Tom,,. el:\d Con<H tim-e of Solc,; ~ rl St,Jjlpl), t11,,~~DY•m 011> ~ur.;hilE,11 ol '1~ Pr Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 - #: 36-111 5800
0 MOTOROLA SOLUTIONS QUOTEt!2034031
VHF Voting for Fire Local Repeater
- - - -
Une ,'/ Item Number Df:J5-Cliplion Qly l. lsl P,ic:e SiJle Pfic:e Ext. Sale Price - - 2a VA00784AA ADD: ANALOG 2 $500.00 $400.00 $800.00
CONVENTIONAL VOTING
COM PARA TOR/GATEWAY
2b VA00011AA 19 RACK TRAY AND 2 $50.00 $40.00 $80.00
ASSOCIATED SCREWS AND
MOUNTING WINGS
2c VA00012AA POWER SUPPLY AND 2 $50.00 $40.00 $80.00
ASSOCIATED U.S. POWER
CORD
3 DSDSRMC0608AAN RXMC ASSEMBLY, 8CH AC $2,554.00 $2,042.94 $4,085.88 Subtotal $22,245.88
Estimated Tax $2,052.18
Grand Total $24,298.06(USD)
Notes:
Any sales transaction following Motorola's quote is hased on and subject to the terms and conditions of the valid and executed wrillen contract between Customer and Motorola (the ""Underlying Agreement"~) U1at auUlorizes Custome1 to purchase equipment ancVor services or license software (collectively ""Producls~''). If no Underlying Agreement exists between Motorola and Customer, the,~ Motorolr1's Standard forms of Use and Molorolc1's Standard Terms and Condit.ions of Sales and Supply shall govern the purchase of lhe Producl!;.
Motorola Solutions, Inc.: 500 Wesl Monroe. United Stales - 60661 - #: 36-1115800
DATE:
TITLE:
June 27, 2023
REEDLEY CITY COUNCIL
D Consent Calendar
!Kl Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: _ 7_·. ~-
ADOPT RESOLUTION NO. 2023-044 ACCEPTING AND APPROVING THE
REEDLEY DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA
FUND STATUS AND PROPOSED ASSESSMENT INCREASE REPORT DATED JUNE 2023, AND SETTING THE PUBLIC HEARING DATE TO CONSIDER THE PROPOSED ASSESSMENT FEE CHANGES.
SUBMITTED: Russ Robertson, Public Works Directorffe'
APPROVED: Nicole Zieba, City Manager y .
RECOMMENDATION
That the City Council of the City of Reedley adopt Resolution 2023-044, accepting and approving the Reedley Downtown Parking and Business Improvement Area Fund Status and Assessment Increase Report (Report) and scheduling a date and time for the public hearing to consider approval of the proposed assessment fee changes.
EXECUTIVE SUMMARY
On May 23, 2023, the Reedley Downtown Parking and Business Improvement Area Committee (Streetscape Committee) recommended and unanimously approved of proposing an assessment fee increase to businesses within the area boundary in order to keep pace with the rising costs of maintenance and improvement projects. The increase is needed to sustain maintenance and improvement efforts within the area boundary and for the fund to remain solvent.
Due to the highest inflation in nearly 40 years all associated costs of maintenance and improvement projects have drastically increased. In March of 2013, the Streetscape Committee contracted with Clean Cut Landscape to blow off sidewalks, clean benches and trash receptacles, conduct weed control, check the irrigation system and set sprinkler clocks, and fertilize planters and tree wells for a monthly rate of $914. That cost has not changed since 2013 when the agreement was put into place. Due to the increasing cost of labor and materials Clean Cut Landscape requested an increase in February of 2023 which brought the cost to $1,100 per month. The overall fund balance has slowly been diminishing from the increased cost of improvement projects and annual maintenance expenditures. Given these cost increases the Streetscape Committee now finds it necessary to increase the assessment fees.
The Committee has recommended that the assessment fee be adjusted from the current $16.50 per month to $20.00 per month beginning on July 1, 2024. Those businesses which choose to pay annually would pay a discounted amount of $216.00 per year ($18.00/month).