Salinas City Council
December 5, 2023

1. Aircraft maintenance and repair services including sales of parts and accessones;

2. Operation of a fully accredited pilot training school;

3. Operation of an air taxi service;

4. Aircraft rental;

5. Aircraft leasing and/or sales;

6. Sales of pilot supplies and reference materials;

7. Sale of aircraft petroleum products;

8. Temporary or long term storage of aircraft; and

9. Operation of a rental car service or facilitation of such service through a car _rental operator.

B. Fuel Facility. Lessee hereby leases a fuel facility on the Airport and owned by the Lessor, as more particularly shown and described on Exhibit C (or a replacement site as provided in section 3 B of this Lease), for the purpose of operating a fuel facility (the "Fuel Facility" as follows):

1. Use and maintenance of an underground aviation fuel facility and ancillary improvements.

2. Storage and dispensing of petroleum products to the public and storage of refueling trucks and ancillary equipment. Petroleum products may be brought onto the Airport for the subsequent use and sale (line service) of said products by Lessee, as follows:
a. Petroleum products to be received and sold by Lessee to the public shall consist of aircraft fuel, oil, and lubricants;
b. Lessee may receive and sell other petroleum products for which there is no provision in this Agreement, if Lessee first obtains written approval from Lessor's Airport Manager. Said approval shall be accompanied by additional fees, charges or payments, which will be determined by Lessor and which shall be paid by Lessee as consideration for the additional privileges;
c. Lessee shall have the right to employ and train persons to dispense said petroleum products;
d. Lessee is hereby authorized to have not more than four (4) fuel servicing vehicles ("refuelers") on Airport. Additional vehicles must be approved beforehand by Lessor's Airport Manager;
e. Lessee agrees that all petroleum product storage, pumping or distribution facilities used by Lessee on Airport shall meet all requirements of, and be in strict compliance with all applicable laws, ordinances, and regulations of any governmental authority;
f. Lessee may dispense petroleum products on common areas of Airport and upon such areas for which Lessee has received prior consent from Lessor's Airport Manager.

Salinas Municipal Airport
Jet West FBO Lease
August 27, 2009

3. Lessee shall.not perform maintenance on any refueler or other vehicle on any aircraft-parking ramp (other than ramp area within the Leased Premises) or on any common area of the Airport.

C. Use Restrictions.

1. Lessee agrees that in the furnishing of any services pursuant to this Lease, Lessee shall comply with the Commercial Operating Standards adopted by the Salinas City Council on June 16, 2009 (attached as Exhibit E), as the same may reasonably be amended from time to time, and shall further comply with all applicable state and local laws, rules, and regulations, and applicable Federal Aviation Administration Regulations.

2. Lessee shall not use the Leased Premises or any part thereof, nor permit them to be used for any purpose(s) other than for those described above. Lessee shall not do or permit to be done on the Leased Premises any act or thing which constitutes a nuisance or which may disturb the quiet enjoyment of Lessor, any other tenant of Lessor or private businesses on adjacent land or neighboring property. If Lessor notifies Lessee that such a nuisance or disturbance exists, Lessee shall immediately abate such nuisance or disturbance. If Lessee fails to immediately eliminate or abate such nuisance or disturbance, Lessor may take any steps necessary to abate the nuisance or disturbance, including but not limited to entering the Premises and abating the nuisance or disturbance at Lessee's expense.

A. Term: All Space Other Than Fuel Facility. The term of this Lease for the Leased Premises, with the exception of the Fuel Facility portion, shall be for a period of forty ( 40) years commencing on October 1, 2009 ("Commencement Date") and ending on September 31, 2049 ("Termination Date"), unless extended or sooner terminated in the manner and under the conditions herein provided (the "Original Term"). . . .

With respect to this portion of the Leased Premises, Lessor hereby grants to Lessee an option to extend this Lease for a period often (10) years from and after the Termination Date at a rental to be determined as hereafter provided. Lessor reserves the right to review; change,·and modify the terms and conditions set forth herein before any extension of this Lease becomes effective. Said option shall be exercised by Lessee by . . delivering to Lessor notice in writing of Lessee's intent to exercise such option which shall be delivered not less than 180 days before the expiration of the Original Term provided above.

B. Term: Fuel Facility. The term of this Lease for the Fuel Facility portion of the Leased Premises shall be for a period of five years ( 5) years commencing on October 1, 2009 ("Commencement Date") and ending on September 31, 2014 ("Termination Salinas Municipal Airport
Jet West FBO Lease
August 27, 2009

Date"), unless extended or sooner terminated in the manner and under the conditions herein provided (the "Fuel Facility Original Tenn").

With respect to this portion of the Leased Premises, Lessor hereby grants to Lessee two options to extend this Lease for a period of five (5) years each from and after the expiration date of the then preceding tenn at a rental to be detennined as hereafter provided. Lessor reserves the right to review, change, and modify the terms and conditions set forth herein before any extension of this Lease becomes effective. Said options shall be exercised by Lessee by delivering to Lessor notice in writing of Lessee's intent to exercise such option which shall be delivered not less than 180 days before the expiration of the preceding term.

When the Fuel Facility has been mutually determined to be no longer fit for the use intended or when Lessee elects at the end of the Fuel Facility Original Term or any applicable extension period to have the fuel tanks and associated equipment removed pursuant to section 6 D of this Lease, Lessor agrees to provide comparable and adequate space for the construction of a new fuel facility in the general area of the existing leasehold. Lessee shall be allowed to continue to make use of the existing Fuel Facility until the new facility is operational. Once the new facility is in operation, Lessee shall surrender the old facility to Lessor and the new facility shall thereafter become part of the Leased Premises. Lessor's obligations under section 6 D of this Lease with respect to the old facility shall not become operative until after the old facility has been surrendered by Lessee.

4. Rent; Fuel Flowage Fees; Utilities.

A. In General. During the Original Term and the Fuel Facility Original Tenn and any extended terms thereof, rent shall be paid subject to the tenns of this section.

B. Security Deposit. There shall be no security deposit required under this Lease; however, at the expiration of this Lease, or any earlier termination thereof, Lessee shall return the Leased Premises to the Lessor in comparable or better condition and repair as it existed as of the Commencement Date, normal wear and tear, damage from casualty, condemnation, and any City maintenance and repair obligations excepted.

C. Base Rent: All Space Other than Fuel Facility. Rent for the Leased Premises other than the Fuel Facility shall be payable at the option of the Lessee in either annual or equal monthly installments initially at the rate of four thousand dollars ($4,000) per month or forty eight thousand dollars ($48,000) per annum.

D. Base Rent: Fuel Facility. Rent for the Fuel Facility portion of the Leased Premises shall be payable at the option of the Lessee in either annual or equal monthly installments initially at the rate of one thousand dollars ($1,000) per month or twelve thousand dollars ($12,000) per annum. In the event that Lessee elects to pay said rent annually, said payment shall be due and payable on the annual anniversary date of the Commencement Date.

Salinas Municipal Airport
Jet West FBO Lease
August 27, 2009
Page4 of30
Airport. Lessor's Airport Manager, or other duly authorized agent of Lessor, shall have the right to inspect Lessee's delivery and payment records, but before engaging in any audit or inspection of Lessee's records, the Airport Manager or other agent shall first exhaust all reasonable efforts to obtain the requested information from Lessee's supplier(s), as applicable. Lessee shall bear the cost of any audit or metering which establishes that Lessee has underpaid the gallonage fee by ten percent (10%) or more.

False reporting of fuel sales and inaccurate record keeping may be grounds by Lessor to terminate the Lease.

H. Delinquent Rent or Fuel Flowage Payments. If Lessee fails to pay the rent or after notice of non-payment by Lessee's supplier(s) the fuel flowage fees when due, Lessee will pay, in addition to the unpaid rents or unpaid fuel flowage fees, ten percent (10%) of the delinquent rent per month or ten percent (10%)'ofthe delinquent fuel flowage fee measured from the date when due and payable under the terms of this Lease until the same shall be paid. In the event that Lessee elects to rent in annual installments, rent shall be considered delinquent if not paid within fifteen (15) days following the annual anniversary date of the Commencement Date ofthis Lease. In the event that Lessee elects to pay rent in monthly installments, rent shall be considered delinquent if not paid by the tenth day of each month. With respect to fuel flowage fees, such fees shall be considered delinquent ifnot paid by the twenty fifth day of each month.

I. Hold-Over Rent. In the event the Lessee fails to surrender the Leased Premises upon the Termination Date, such continued occupancy shall be on a month-tomonth holdover basis as described in section 35 of this Lease. The foregoing shall not in any way limit any summary process rights available to the City pursuant to law.

J. Utilities. In addition to the monthly rent payment, Lessee shall pay for all water, gas, power, telephone, sewage, garbage, landscaping, janitorial and rubbish disposal, and all other services and utilities supplied to the Leased Premises ( other than that portion located within the Terminal Building). The costs of bringing utilities of gas, electricity, sewage, drainage, telephone and water to the Leased Premises as may be necessary, shall be borne by Lessee.·Lessee shall pay a proportionate share of costs for utilities/services on a monthly basis for the Airport Terminal Building, the costs of which cannot be easily distinguished between Lessor and Lessee, as follows:

1. Janitorial Service. Lessee'shall pay a monthly fee of $66.85 for its share of the total cost of the janitorial cleaning of the lobby and restrooms of the Airport Terminal Building; and

2. Refuse. Lessee shall pay a monthly fee of $8.88 for refuse removal.

Lessor and Lessee shall renegotiate the proration of these and other utility costs, including sewer and water costs, if the use of the Terminal Building by patrons, employees, subtenants of Lessee becomes greater than anticipated.

Salinas Municipal Airport
Jet West FBO Lease
August 27, 2009

E. Due Date. In the event that Lessee elects to pay rent on a monthly basis, said rent shall be due and payable on the first day of each calendar month. Checks should be made payable to the City of Salinas and be delivered to the City of Salinas at 200 Lincoln Avenue, Salinas, California 93901, Office of the Finance Director, AT1N: Airport Fund.

F. Adjustment of Rent. After the two and one half (2 ½) year anniversary of the Commencement Date (the "Adjustment Date"), and upon every two and one half (2 ½) year anniversary thereafter of the Commencement Date, all rent due under this Lease, whether for the Fuel Facility or for all other space and whether the same shall be paid annually or in equal monthly installments, shall be increased at a rate equal to the percent change in the Consumer Price Index for "All Urban Consumers" for San Francisco/Oakland/San Jose, California during such two and one half (2 ½) year period (the "Adjusted Rent").

Regardless of the index publication dates, the rental adjustments herein shall only occur on the applicable Adjustment Date. Until the rent adjustment can be actually calculated in accordance with this Lease, Lessee shall continue to make payments at the existing rental rate. When the adjustment is calculated, the balance of rents due at the adjusted rate, from the applicable Adjustment Date through the date of calculation, shall be paid to Lessor within thirty (30) days of written notice by the Lessor. In no event shall the Adjusted Rent due under this Lease as established by the Consumer Price Index, be less than the rent in existence immediately prior to the Adjustment Date.

Delay by the parties in computing or collecting the adjusted rent or the acceptance by the Lessor of the incorrect amount of adjusted minimum rent shall not relieve Lessee of its obligations to pay such adjusted rent to the Lessor. Lessee waives any applicable statute of limitations and defenses such as waiver or estoppels which could defeat the City's right to collect the adjusted rent.

G. Fuel and Oil Flowage Fees. Lessee shall pay, or shall arrange with Lessee's fuel and oil supplier(s) for such supplier(s) to pay, to Lessor a gallonage fee of eight cents ($0.08) per gallon of fuel and eight cents ($0.08) per gallon of oil brought or delivered onto the Airport by, for, or on behalf of Lessee. The gallonage fee may be adjusted by Lessor's City Council, from time to time, as is commercially reasonable. The gallonage fee shall be payable to Lessor on a monthly basis on the fifteenth day of each calendar month ( calculated on the basis of fuel and oil delivered during the preceding calendar month). If Lessee's supplier(s) fail(s) to make payment on the fifteenth day of each calendar month, then upon written notice of such non-payment by Lessor to Lessee, Lessee shall within tep. (10) days of the date of such notice pay the flowage fees owed.

Lessor may require that Lessee or Lessee's supplier(s), when making payment of amounts due Lessor hereunder, accompany the payment with complete and accurate delivery invoices showing the date and number of gallons delivered onto the Airport.

Regardless of whether payment is made by Lessee's supplier(s), Lessee shall also keep true and accurate records and accounts of all of its deliveries of fuel and oil onto said Salinas Municipal Airport
Jet West FBO Lease
August 27, 2009

5. Leasehold Improvements.

A. No improvement, including landscaping, shall be erected or placed on the Leased Premises and no alterations shall be made in the improvements and facilities constructed on the Leased Premises without the prior written approval of Lessor, said approval notto be unreasonably withheld. One (1) complete copy of plans for all buildings and improvements and for subsequent changes therein or alterations thereof shall, within fifteen ( 15) days after approval thereof by Lessor, be signed by Lessee and deposited with Lessor.

B. Lessee shall construct and/or install all site improvements required by Lessor consistent with City development standards, including, but not limited to, drainage, utilities, parking, paving, landscaping, lighting, and fencing.

C. Lessee shall be allowed use of the existing public parking lot adjacent to the Leased Premises for the parking of automobiles in common with the public.

D. Lessee shall cause to be made, executed and delivered to Lessor, prior to the date of commencement of any work in or on the Leased Premises, corporate surety bonds approved as to form and as to surety by Lessor, with Lessee's.contractor or contractors as principal, and Lessor as an additional obligee, each in the sum of one hund.red percent (100%) of the amount of the contract for (a) the said required work in accordance with the approved plans and specifications, and (b) to provide that if Lessee or its contractor or contractors fail to pay for any materials, provisions or other supplies, used in or upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, that the surety will pay the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee as set by the court.

E. Before commencing any work of improvement, Lessee shall ensure that all of its employees and/or all employees of any contractors retained by Lessee, are covered by Workers Compensation Insurance covering full liability for compensation under the Workers Compensation Insurance and Safety Act, for any person injured while performing any work or labor incidental to the work in or on the Leased Premises. Such coverage shall be obtained by a carrier authorized to act under the laws of the State of California, reasonably acceptable to Lessor.

F. Lessee shall design any new improvements so as to meet all applicable guidelines and regulations of the Federal Aviation Administration (FAA), the California Department of Transportation (Division of Aeronautics), and the City of Salinas. Lessor makes no warranties as to the suitability of the location identified for the purpose intended, particularly with respect to height and setback requirements, and all other State and Federal regulations.

Salinas Municipal Airport
Jet West FBO Lease
August 27, 2009

6. Repair and Maintenance of Leased Premises and Equipment.

A. Lessor shall, at its own cost and expense, repair and maintain the roof and exterior walls of the offices and other buildings within the Leased Premises in good working order and repair. Lessee agrees to maintain the Leased Premises and all improvements conducted therein, in good order and repair and to keep said premises in a neat, clean, and orderly condition. This includes, but is not limited to, the prevention of accumulation of any refuse or waste materials that might constitute a fire hazard or a public or private nuisance. Lessee shall, at all times during the full term of this Lease and any renewals and at its sole cost and expense, keep and maintain all interior and exterior of all buildings, structures, and other improvements it contracts on said premises in good order and repair, including all necessary janitorial services and the whole of said premises from weeds and rubbish in a clean, sanitary, and neat condition.

B. Lessor or its authorized representative shall have the right during normal business hours, to inspect the Leased Premises, except for any parts thereof deemed by Lessee to contain valuable property and confidential matters unless accompanied by Lessee or an agent or representative thereof, to determine if the provisions of this Lease are being complied with. If in the opinion of Lessor's Airport Manager the Leased Premises are not being properly maintained, the Salinas Airport Manager may, after giving written notice to Lessee and after a reasonable time for the Lessee to cure such default, cause such repair and maintenance to be made. The cost of such repair or maintenance shall become a debt of the Lessee and shall be added to the rent due and payable under this Lease. If said Lessee does not pay such costs promptly, this Lease shall be deemed to be in default and Lessor shall be entitled to all legal remedies provided hereunder.

C. Lessee agrees to indemnify and save harmless Lessor against all actions, claims, and damages by reason of Lessee's failure to keep and maintain the Leased Premises, and any buildings, improvements, facilities or equipment located thereon, or by reason of its nonobservance or non-performance of any law, ordinance, regulation or order of competent governmental authority applicable thereto.

D. Throughout the term of this Lease, Lessee shall be solely responsible for the maintenance and repair of the Fuel Facility. When the Fuel Facility has been mutually determined to be no longer fit for the use intended or when Lessee so elects at the end of the Fuel Facility Original Term or any applicable extension period, Lessor agrees at its sole cost and expense to remove the fuel tanks and associated equipment from the Leased Premises. If, during the course of the fuel tank removal, contamination of underlying soil is found and is determined to have been caused by the fuel tanks, Lessor agrees at its sole cost and expense to pay for clean up and remediation of any contaminated soil.

7. Restoration of Leased Premises in Terminal Building. If during the term hereof any office space within the Terminal Building or any part thereof shall be damaged or destroyed by fire or other casualty, Lessor may in its sole discretion and at its sole cost and expense, either (a) repair or restore said improvements, in accordance with the City's Zoning Code and building requirements in effect at that time, or (b) tear down and Salinas Municipal Airport
Jet West FBO Lease
August 27, 2009

remove the same from the Leased Premises and Lessee's rent shall thereafter be proportionately abated.

Nothing in this section or elsewhere in this Lease shall prevent Lessee from otherwise carrying, at its own expense, any insurance as it deems necessary to protect its interests herein.

8. Signs. Lessee shall have the right to post such signs as are necessary and usual in the conduct of its business in and upon the Leased Premises. Location, size, shape, and copy of all signs exposed shall be in accordance with the Salinas City Code and approved by Lessor's Airport Manager and the Community Development Department and Engineering and Transportation Services Department prior to installation.

9. Title to Improvements.

A. Upon the expiration of the Original Term, or upon any sooner termination (pursuant to an actual default by Lessee of the terms and conditions of this Lease, thereby giving rise to the termination of the Lease, by means of negotiation or adjudication) of this Lease, all leasehold improvements shall, without coinpensation to Lessee, then automatically and without any act of Lessee or any third party become Lessor's property.

Lessee shall surrender the improvements to Lessor in reasonably good condition and repair, ordinary wear and tear and casualty excepted, free and clear of all liens and encumbrances, other than those, if any, permitted under this Lease or otherwise created or constructed by Lessor. Lessee shall execute, acknowledge, and deliver to Lessor any instrument requested by Lessor as necessary in Lessor's opinion to perfect Lessor's right, title, and interest in the improvements. Lessee shall redeliver possession of said Leased Premises to Lessor in substantially the same condition that existed immediately prior to Lessee's entry thereon, reasonable wear and tear, damage by the elements, earthquakes, acts of God, and any act of war excepted.

B. All improvements and fixtures made or attached to the Leased Premises shall be and become upon the termination of this Lease, or at the sooner termination of Lessee's tenancy, the property of Lessor and shall not be removed by Lessee unless Lessee is directed to do so by Lessor; provided, however, if Lessee is not in default in the payment of rent or in the performance of its obligations under this Lease, it may remove from said premises, at its sole expense, such personal property, including machinery and ''trade fixtures," which are not an integral part of the premises, and which can be . . removed without damage to the premises, and provided the same may be removed prior to the expiration of this Lease or.any extension thereof. In no event will furniture, fixtures, and equipment, or other personal property, be removed until all rental due Lessor has been paid in full. All machines, equipment, material, appliances, and fixtures now or hereafter installed or placed by Lessee on or in the Leased Premises or the improvements for the generation and distribution of air, vvater, heat, electricity, light, fuel or refrigeration, or for ventilating or air-conditioning purposes, or for sanitary or drainage purposes, or for the exclusion of vermin, or insects, or for the removal of dust, refuse, or garbage, and including all awnings, window shades, drapery rods and brackets, screens, Salinas Municipal Airport
Jet West FBO Lease
August 27, 2009

floor coverings, incinerators, carpeting and all other fixtures used in the operation of the Improvements, together with all additions to, substitutions for, changes in or replacements of, the whole or any or all of said articles of property, shall be deemed integral parts of the Leased Premises and the Improvements for purposes of this Lease.

C. If during the term hereof the improvements or any part thereof ( other than any office space within the Terminal Building) shall be damaged or destroyed by fire or other casualty, Lessee may, at its cost and expense, either (a) repair or restore said improvements, in accordance with the City's Zoning and Building requirements in effect at that time, or (b) tear down and remove the same from said premises. If Lessee shall elect to repair or restore said improvements, the work thereon shall commence within one hundred eighty (180) days after the damage occurs and shall be completed with due diligence.

D. If Lessee shall elect not to repair or restore said improvements, Lessee shall, at its sole expense, within one hundred eighty (180) days after said damage occurs, tear down and remove all parts thereof remaining and the debris resulting from said fire or other casualty and otherwise cleanup said premises, including but not limited to filling all excavations and removing all foundations, debris, and other parts of said buildings remaining after same are removed, and peacefully surrender possession of said premises to Lessor in a clean and orderly condition. Failure by Lessee to do so shall constitute a breach of the covenants and conditions of this Lease. After completion of the above work to the satisfaction of Lessor, Lessee may give written notice to terminate this Lease and shall then immediately comply with the requirements of this Lease.

E. Upon surrender of the improvements by Lessee to Lessor, Lessee shall have no responsibility pursuant to the terms of this section for the restoration of the improvements.

10. Eminent Domain.

A. If at any time during the term hereof the Leased Premises or any part thereof are taken by public authority by the laws of eminent domain, then and in every case the leasehold estate and interest of Lessee in said premises, or any part thereof taken, shall forthwith cease and terminate, and all compensation awarded by reason of the taking of the leased land and improvements, except those installed by Lessee, thereon shall be payable to and be the sole property of Lessor. Notwithstanding the foregoing, Lessee shall have the right to make a claim for compensation for the other leasehold improvements, the value of Lessee's leasehold interest, relocation expenses, and business loss caused by such taking and as allowed by law.

B. If only a portion of the Leased Premises is so taken by the powers of eminent domain, Lessee may elect to terminate this Lease giving one hundred twenty (120) days prior written notice of Lessee's intention to terminate.

Salinas Municipal Airport
Jet West FBO Lease
August 27, 2009

' ' (
C. If such public taldng shall prevent Lessee's use and occupancy of the Leased Premises and Improvements, then Lessee shall have the option to terminate this Lease, which option to terminate shall be conditioned upon Lessee's removing or restoring said Leased Premises, at the sole option of Lessor, and paying to Lessor any rent accruing hereunder to the date of termination, and all unpaid taxes and assessments then accruing upon said premises.

D. Any compensation which would otherwise be payable under this paragraph to Lessee shall be paid directly to any encumbrancer of the leasehold interest, to the extent of such encumbrance.

11. Termination by Lessor. Notwithstanding Lessor's right to termination this Lease as elsewhere provided herein, Lessor may terminate this Lease as follows: .

A. In the event Lessor should require the Leased Premises in connection with the future expansion and/or operation of the Airport, Lessor may, upon six (6) months written notice, terminate this Lease, provided however, Lessor agrees to make all reasonable efforts to find a new location within the Airport acceptable to Lessee for the Leased Premises and the improvements.

B. Should Lessor alter its proposed plan of development of the Airport in a manner that would preclude Lessee from operating under the terms of this Lease and relocation of the Leased Premises is not feasible; or should any other government agency assume control of the Airport or any portion thereof in a manner that would preclude Lessee from operating under the terms of this Lease; or should it occur that during the term of this Lease any governmental action, law or ordinance should come into effect, the terms of which so restrict the use to which the Leased Premises can be put that Lessee is unable to use the Leased Premises in the manner contemplated herein (and no other suitable location is available for relocation), Lessor will, upon written request from Lessee, terminate this Lease or extend the term of this Lease for the period of time Lessee's operation is so precluded; and no rent shall accrue during said period ..

C. lfthis Lease is cancelled under the provisions of this Section, commencing within thirty (30) days of Lessor's notice to terminate pursuanHo this section, Lessor and Lessee shall attempt to agree upon the fair market value of Lessee's interest in the business located on the Leased Premises including, but not limited to, the fixtures and improvements installed or constructed by Lessee and located on the Leased Premises (the "Fair Market Value").

If Lessor and Lessee are unable to agree upon the Fair Market Value within sixty (60) days thereafter, then each party shall designate, by written notice, to the other party within ten (10) days after expiration of said sixty ( 60) day period, a real estate appraiser who shall be a member of any nationally recognized professional real estate association that examines its designated members and who has at least five (5) year's full-time commercial appraisal experience in the area in which the Leased Premises are located, to Salinas Municipal Airport
Jet West FBO Lease
August 27, 2009

appraise and to determine the Fair Market Value. If either party fails to designate an appraiser, the appraiser selected by the other party shall determine the Fair Market Value.

If two appraisers are designated, the two shall promptly meet in an attempt to set the Fair Market Value. If the two are unable to agree within twenty (20) days after their designation, within ten (10) days after the expiration of the twenty (20) day period provided to them, they shall appoint a third appraiser who meets the qualifications stated above. Each party shall pay the fee of the appraiser it designates and one~halfthe cost of the third appraiser.

Within twenty (20) days after the selection of the third appraiser, a majority of the appraisers shall set the Fair Market Value. If a majority of the appraisers are unable to agree, then the average of the three appraisals shall be the Fair Market Value; provided, however, if the low appraisal is more than five percent (5%) lower than the middle appraisal, then the low appraisal shall be disregarded in averaging the appraisals. After the Fair Market Value has been set, the appraisers shall immediately notify the parties in writing.

In determining the Fair Market Value, the scope and extent of the appraisal shall be determined at the time Lessor provides written notice pursuant to this section or at the time the appraisers are attempting to establish the Fair Market Value, whichever is applicable. At a minimum, the appraisals shall evaluate the monthly amount which the Leased Premises could be expected to return to Lessor if offered for lease on the open market under normal circumstances, given due consideration to other properties located in the immediate geographic vicinity of the Leased Premises and similar relevant matters.

Improvements and fixtures placed upon the Leased Premises by Lessee since the Commencement Date of this Lease shall be considered in arriving at the Fair Market Value.

12. Termination by Lessee. In the event Lessor ceases or substantially restricts the use of the Airport as an Airport for reasons beyond the control of Lessor, including without limitation, war, civil unrest, acts of terrorism, and acts of God, and Lessee can no longer fully used the Leased Premises for the purposes contemplated in this Lease, Lessee's rent and all other charges payable under this Lease shall immediately be proportionally abated and Lessee may upon three (3) months written notice terminate this Lease. Lessor shall have no liability for any damages to Lessee in the event of such change in Lessor's use of the Airport. If the Airport does not meet its obligations as a public airport pursuant to the sponsor's assurances given by Lessor to the United Stated Government under the Airport and Airway Improvement Act of 1982, as the same may be amended from time to time, Lessee may upon three (3) months written notice terminate this Lease, without prejudice to Lessee's ability to pursue recovery of damages from Lessor or any other legal or equitable remedies.

13. Reservations.

Salinas Municipal Airport
Jet West FBO Lease
August 27, 2009

A. The L~ased Premises are accepted AS-IS by Lessee subject to any and all existing easements and encumbrances. Lessor· reserves the right to install, lay, construct, maintain, repair, and operate such sanitary sewers, drains, storm water sewers, pipelines, manholes, and connections; water, oil and gas pipelines; telephone, telegraph and electric power lines; and the appliances and appurtenances necessary or convenient in connection therewith, in, over, upon, through, across and along any and all portions of the Leased Premises. No right reserved. by Lessor in this clause shall be so exercised as to interfere unreasonably with Lessee's operations hereunder or to impair the security or any secured creditor of Lessee.

B. Lessor agrees that rights granted to third parties by reason of this clause shall contain provisions that the surface of the Leased Premises shall be restored as nearly as practicable to its original condition upon the completion of any construction. Lessor further agrees that should the exercise of these rights temporarily interfere with the use of any and all of the Leased Premises by Lessee, the rental shall be reduced in proportion to the interference with Lessee's use of the Leased Premises.

C. Lessor reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or view of the Lessee and without interference or hindrance.

D. The Lessor reserves the right, but shall nofbe obligated to the Lessee, to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of the Airport, together with the right to direct and control all activities of the Lessee in this regard.

E. This Lease shall be subordinate to the pr9visions and requirements of any existing or future agreement between the Lessor and the United States, relative to the development, operation or maintenance of the Airport.

F. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to erect, any building or other structures on the Airport which, in the opinion of Lessor, would limit the usefulness of the Airport or constitute a hazard to aircraft.

G. Lessor reserves and excepts from this Lease all that portion of the real property herein leased which is super adjacent to a plane sixty (60) feet above and parallel to the existing ground surface of said real property (which portion is hereby referred to as "Super adjacent Air Space").

H. Lessor further reserves and excepts from this Lease, and Lessee hereby grants to Lessor (insofar as the hereinafter described easements and rights in any manner or to any extent that affect the Leased Premises, any improvements which may be made thereon, and Lessee's leasehold or other interest therein and Lessee's use, occupancy or enjoyment thereof):

Salinas Municipal Airport
Jet West FBO Lease
August 27, 2009

1. An avigation easement over and laterally adjacent to the Leased Premises and any improvements which may be made thereon, including but not limited to the easement and right to fly, or cause or permit flight by any person of, any aircraft of and all kinds now or hereafter know, in, through, across or about any portion of said super adjacent air space and any air space laterally adjacent thereto; and

2. The easement and right to cause or create, or permit to be caused or created, such noise, vibration, currents and other effects of air, illumination and fuel consumption which may arise or occur:
(a) from or during the use of said avigation easement and such flight as is described in subsection H. l. hereinabove, or
(b) from or during the use by such aircraft of any Salinas Municipal Airport facilities, including but not limited to the landing, storage, repair, maintenance, operation, warm-up and take-off of such aircraft, upon, within or about said Airport, and the approach and departure of aircraft to or from such Airport.

The easements and rights herein reserved and excepted by Lessor, and the easements and rights herein granted by Lessee to Lessor, shall be deemed both in gross and also appurtenant to each and every portion of the real property of the Salinas Municipal Airport (save and except the Leased Premises herein described).

14. Lease Subordinate to Agreements with the U.S.A. This Lease shall be subordinate to the provisions and requirements of any existing or future agreement between Lessor and the United States of America relative to the development, operation or maintenance of the Airport.

15. War or National Emergency. This Lease and all the provisions hereof shall be subject to whatever right the United States Government has affecting the control, operation, regulation and taking over of said Airport or the exclusive or non-exclusive use of the Airport by the United States during the time of war or national emergency.

16. Use to Conform to Federal Aviation Administration Regulations. Lessee agrees that Lessee's use of the Leased Premises, including any future construction, modification or alteration thereon, shall comply with applicable Federal Aviation Regulations now in force or those that may hereafter be adopted by Federal authority.

17. Use to Conform to City of Salinas Regulations. Lessee agrees to comply at all times with all applicable provisions of the Salinas City Code including, but not limited to, Chapter 4, Airport, and Chapter 37, Zoning, of said Code. Lessee further agrees to comply with all the rules and regulations established by the Salinas City Council, the Salinas Airport Commission and the Salinas Airport Manager for the use of the Leased Premises and all other portions of the Salinas Municipal Airport.

Salinas Municipal Airport
Jet West FBO Lease
August 27, 2009

18 Non-Discrimination. Lessee, for itself, its personal representatives, successors in interest, and assigns, as part of the consideratic.m hereof, does hereby covepant and agree to furnish all services on a fair, equal and non-discriminatory basis to all users; and charge fair, reasonable, and not unjustly discriminatory prices for each unit or service, provided that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates~ or other similar types of price reductions to volume ·purchasers.

19. Equal Opportunity Plan. Lessee assures that it will undertake an equal opportunity program as may be required by 14 CFR Part 152, Subpart E, to insure that no person shall on the grounds ofrace, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. Lessee assures that no person shall be excluded on those grounds from participating in or receiving the services or benefits of any program or activity covered by this subpart. Lessee assures that it will require that its covered sub organizations provide assurance to Lessee that they similarly will undertake equal opportunity programs and that they will require assurances from their sub organizations, as may be required by 14 CFR Part 152, Subpart E, to the same effort.

20. Non-Exclusive Right. Nothing herein contained shall be construed to grant or authorize the granting of an exclusive right for the use of any landing areas or air navigation facility at the Airport.

21. Lessee Agreements.

A. Lessee agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations and Ordinance No. 1719 of the City of Salinas, dated November 21, 1977, in the event future construction of a building is planned for the Leased Premises, or in the event of any planned modification or alteration of any present or future building or structure on the Leased Premises.

B. Lessee expressly ~grees for itself, its successors and assigns that it will not erect or perm.it the erection of any structure or object, nor permit the growth of any tree on the Leased Premises to penetrate the transitional surfaces, as defined in Federal Aviation Regulations and Ordinance No. 1719 of the City of Salinas. In the event the aforesaid covenants are breached, Lessor reserves the right to enter upon the Leased Premises and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of the Lessee.

C. By accepting this Lease Lessee agrees for itself, its successors and assigns that it will not make use of the Leased Premises in any manner which might interfere with the landing and taking off of aircraft from Salinas Municipal Airport or otherwise constitute a hazard. In.the event the aforesaid covenant is breached, Lessor reserves the right to enter upon the Leased Premises and cause the abatement of such interference at the expense of Lessee.

Salinas Municipal Airport
Jet West FBO Lease
August 27, 2009

22. Use of Public Airport Facilities. Lessee is granted the non-exclusive use of all public Airport facilities, including but not limited to taxiways, runways, aprons, navigational aids, and facilities relating thereto, for purposes of landings, take-offs, and taxiing of Lessee's aircraft. All such use shall be in accordance with the laws of the United States of America, the State of California, and the rules and regulations promulgated by their authority with reference to aviation and air navigation, and in accordance with all reasonable and applicable rules, regulations and ordinances of Lessor now in force or hereafter prescribed or promulgated by ordinance or by law.

23. Taxes and Assessments. Lessee shall pay all taxes (including possessory interest tax) and assessments that may be levied upon the Leased Premises, any and all buildings and improvements and other property situated therein, and any interest of Lessee therein, for the full term of this Lease.

24. Insurance.

A. Lessee shall, throughout the duration of this Lease, maintain comprehensive general liability and property damage insurance, or commercial general liability insurance, covering all operations of Lessee, its agents and employees, performed in connection with this Lease including but not limited to premises and automobile.

B. Lessee shall maintain the following limits:

General Liability
Combined Single Limit Per Occurrence ... .................. ....................... $1 million General Aggregate ... .................. .................................................. $2 million (I'he policy shall cover on an occurrence or an accident basis, and not on a claims made basis.)
Automobile Liability
Combined Single Limit Per Occurrence ... ............................... $1 million (I'he policy shall cover on an occurrence or an accident basis, and not on a claims made basis.)
Worker's Compensation ........................ .... ......... ... .......... Statutory Limits Employer's Liability Insurance: ... ................................................. $1 million per employee and per accident for bodily injury or disease.

All Risk Property Insurance (Covering all real and personal property of the City and occupied or used by the Lessee, and all real and personal property of the Lessee utilized or stored at the Leased Premises, all at full value.

Property insurance against all risk of loss to any tenant improvements or betterments, including flood, as determined by the City's Risk and Benefits Analyst.)
Salinas Municipal Airport
Jet West FBO Lease
August 27, 2009

Facility Replacement Coverage (Covering the Leased Premises and equipment and structures located therein and al/furnishings or equipment.owned by the City and also located thereon, in no event less than the full replacement value, against the perils of fire and extended coverage, including demolition.)
Fire Insurance
Fire Legal Liability ... .................................................................... $100, 000 Fire insurance with extended coverage and debris cleanup provisions, in an amount equal to ninety percent (90%) of actual cash value of all improvements installed by Lessee in or on the Leased Premises.

Additional Insurance Coverages ... .............................. ... As Required by the Lessor
C. All insurance companies affording coverage to the Lessee shall be required to add the City of Salinas as an "additional insured" under the insurance policy and provide a copy of the insured additional endorsement.

D. All insurance companies affording coverage to the Lessee shall be insurance organizations authorized by the Insurance Commissioner of the State Department of Insurance. to transact the business of insurance in the State of California and having an AM Best Rating of no less than A" B.

E. All insurance companies affording coverage shall provide thirty (30) days written notice to the City of Salinas should the policy be cancelled or reduced in coverage before the expiration date. For the purposes of this notice requirement, any material change prior to expiration shall be considered cancellation.

F. Lessee shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance or a binder, in a form meeting the reasonable satisfaction of Lessor's Risk and Benefits Analyst, concurrently with the submittal of this Lease. A statement on the insurance certificate which states that the insurance company "will endeavor" to notify the certificate holder, "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" does not satisfy the requirements of subsection ( e) herein.

Lessee shall ensure that the above quoted language is stricken from the certificate by the authorized representative of the insurance company.

G. Lessee shall provide a substitute certificate of insurance no later than. ten (10) days prior to the policy expiration date. Failure by Lessee to provide such a substitution and extend the policy-expiration date shall be considered a material default by Lessee. In the everit Lessee is unable to provide a substitute certificate of insurance within the time prescribed in this subsection, Lessee shall provide written confirmation of renewal, in a form satisfactory to the City's Risk and Benefits Analyst, to act as proof of insurance only until such time as a certificate of such insurance has been received by Lessor.

Salinas Municipal Airport
Jet West FBO Lease
August 27, 2009

H. Maintenance of insurance by Lessee as specified in the Lease shall in no way be interpreted as relieving Lessee of any responsibility whatsoever and Lessee may carry, at its own expense, such additional insurance as it deems necessary.

I. In addition to requiring statutory Workers' Compensation insurance pursuant to Section 5 .I herein, Lessee shall also require all contractors and subcontractors who perform work on the Leased Premises to maintain general liability insurance in an amount of no less than $1 million combined single limit per occurrence which complies with all of the provisions of subsections (C) through (G) above. Lessee shall provide City with copies of such insurance certificates upon request.

J. Any specialized use exposing the Lessor to an abnormally high risk (determined by Lessor and/or the Risk and Benefits Analyst) will require coverage equal to the amount of the additional exposure.

K. Any use of City-owned property is prohibited until such time as the prospective Lessee has submitted an approved certificate of insurance. If the Lessee fails at any time to maintain the required insurance, action shall be taken to terminate said tenancy.

L. Lessees who sublease, thereby incurring additional risk, shall be required to provide insurance covering the sublease or subtenancy or shall be required to provide proof that said sub lessee or subtenant has and maintains sufficient insurance covering the sublease or subtenancy.

M. Periodic Review of Insurance Coverage. All insurance coverage and limits required under this section shall be subject to periodic review on every fifth anniversary of the Commencement Date at which time the City may require additional or different coverage types and limits as set forth herein in order to meet changed circumstances or conditions that exist at the time of such periodic review.

N. Waiver of Subrogation. Lessee, to the extent and limits of insurance coverage applicable under any policy of insurance procured as required under this Lease, releases the Lessor, its officers, employees, and agents from any claims for damage to any person or to the Leased Premises, or any part thereof including the buildings, fixtures, personal property, and other improvements or alterations located thereon, of either the Lessor or the Association, including loss of income, that are caused by or result from risks insured against under any insurance policies required by this Lease Agreement and in force at the time of any such damage.

Lessee shall cause each such insurance policy obtained by it to provide that the insurance company waives all rights of recovery by way of subrogation against the Lessor in connection with any damage covered by such policy. Lessor shall not be liable to Lessee or to any other party for any damage caused by fire or any other risk insured against under any property insurance policy carried under the terms of this Lease, to the Salinas Municipal Airport
Jet West FBO Lease
August 27, 2009

extent and limits of coverage applicable under any policy of insurance procured as required under this Lease.

25. Common Airport Areas. Lessee shall have the privilege of using, in common with others to whom such privileges may .also be given by Lessor, such airplane runways as are provided in the Salinas Municipal Airport for the take-off and landing of airplanes . .

Lessee shall also be entitled, in common with others to whom such privileges may also be given by Lessor, to such of the following services as may be provided by said Airport, to facilitate the take-off and landing of aircraft at and the flying of aircraft within and about said Airport, to wit: landing light, floodlights, signals and other such facilities. Such privileges however, shall be subject to all rules and regulations now in effect or hereafter established by the City of Salinas governing or controlling such privileges, uses or operations, and shall be subject to the payment of all such fees or charges as the City of Salinas may now or hereafter impose for such privileges, uses and operations.

26. Liens and Claims.

A. Lessee shall not suffer or permit to be enforced against Lessor's title to the Leased Premises, or any thereof, any lien, claim or demand arising from any work of construction, repair, restoration, maintenance or removal as herein provided, or otherwise arising (except liens, claims or demands permitted by, suffered by or arising from the actions of Lessor).

B. Lessee shall pay all such liens, claims and demands before any action is brought to enforce the same against the Leased Premises; and Lessee agrees to hold Lessor and said land free and harmless from all liability for any and all such liens, claims or demands, together with all costs and expenses in connection therewith, except for liens permitted by Lessor.

C. Should Lessee fail or refuse to pay any lien, claim or demand arising out of the construction, repair, restoration, maintenance and use.of the Leased Premises and the buildings and improvements hereon, or any other·claim charge or demandwhich Lessee has agreed to pay under the covenants of this Lease, Lessee or its authorized encumbrances, if any, shall, within thirty (30) days provide written notice from Lessor to Lessee or its said encumbrancer, pay and discharge the same or shall furnish to City, in a form satisfactory to City, sufficient security to hold Lessor and said land free from all liability for such lien·, claim or demand and all costs and expenses in connection therewith. Should Lessee or its said encumbrancer, within said thirty (30) days period, not pay discharge saiq lien, claim or demand or not provide said security to Lessor, then Lessor may at its own option, either treat such failure or refusal as a breach of or default under this lease, or may pay any such lien, claim or demand, or settle or discharge any action therefore or judgment thereon, and all costs, expenses and other sums incurred or paid by Lessor in connection therewith shall be repaid to Lessor by Lessee upon written demand, together with interest thereon at the rate often percent (10%) per annum from the date of payment until repaid, and any default in such repayment shall constitute a breach of the covenants and conditions of this Lease.

Salinas Municipal Airport
Jet West FBO Lease
August 27, 2009

27. Right to Assign or Transfer.

A. Lessee agrees to not encumber, assign or otherwise transfer this Lease, or any right or interest herein, without the prior written consent of Lessor, and no such encumbrance, assignment or transfer, whether voluntary or involuntary, by operation of law, under legal process or proceedings, or otherwise, shall be valid or effective without such prior written consent. The Lessor shall not unreasonably withhold its consent to the encumbrance, assignment or transfer of the Lease, or the Lessee's right or interest to any of the improvements. Upon the granting of consent of the transfer by Lessor, Lessor and Lessee shall enter into an "Assignment of Lease by Lessee" in a form to be mutually agreed upon by the parties.

B. If Lessee hereunder is a corporation or an unincorporated association or a partnership, the transfer, assignment or hypothecation of any stock or interest in said corporation, association or partnership, in the aggregate in excess of twenty-five percent (25%) shall be deemed an assignment within the meaning of this lease. The following transfers are excepted from the provisions of this paragraph:

1. Transfer or assignment of stock or interest to a shareholder or member of the same corporation, association, or partnership.

2. Transfer or assignment of stock or interest to a spouse, child, or grandchild of a shareholder Of member.

3. Transfer or assignment of stock to a lender pursuant to a lender who has obtained a permitted encumbrance of Lessee's interest in this Lease.

C. Should Lessee attempt to make or suffer to be made any such encumbrance, assignment, or transfer, except as aforesaid, or should any right or interest of Lessee hereunder or in or to the improvements be transferred or sold by or under court order or legal process, or otherwise, then any of the foregoing events shall be deemed a breach of this Lease and thereupon Lessor may, at its option, terminate this Lease forthwith by written notice thereof to Lessee, or exercise other rights provided by law or in this Lease to be exercisable by Lessor in the event of any default or breach under this Lease. Should Lessor consent to·any such encumbrance, assignment, or transfer, such consent shall not constitute a waiver of any of the restrictions of this clause and the same shall apply to each and every encumbrance, assignment, or transfer hereunder and shall be severally binding upon each and every encumbrancer, assignee, transferee, and other successor in interest of Lessee.

D. Lessor agrees that it will not unreasonably withhold its consent to any assignment, or transfer requiring its prior approval hereunder, but Lessor may withhold such consent:

Salinas Municipal Airport
Jet West FBO Lease
August 27, 2009

1. If the proposed assignee shall not covenant in writing to keep, perform and be bound by each and· all the covenants and conditions of this Lease herein provided to be kept and performed by Lessee and to assume any previously accrued obligations hereunder.

2. If this Lease is in default at such time in any respect.

3. If the construction, or demolishment of the improvements on the Leased Premises is in progress, or if said construction or demolishment is incomplete.

4. Until a determination has been made by Lessor that the assignee, transferee, or other successor in interest of Lessee can pay rent and operate in accordance with the standards required by Lessor.

E. Any document that purports to assign, transfer, or encumber the Leased Premises or any part thereof, shall incorporate directly or by reference all provisions of this Lease unless otherwise amended in writing.

F. Lessee shall be permitted to sublet the portion of the Leased Premises only to third parties deemed acceptable by Lessor in writing. Failure to inform Lessor's Airport Manager of such subletting shall constitute a material breach of this Lease.

28. Default.

A. In the event Lessee shall default in the performance of any condition or covenant in this Lease ( except the payment of rent), Lessor may, at its option, take such action as provided in paragraph C hereof, but only if Lessee fails to rectify said default within thirty (30) days after written notice thereof is served upon Lessee by Lessor. In the event, however, that the default is of such nature that the same cannot be rectified in such thirty (30) day period, then such default shall be deemed to be rectified tf Lessee shall have commenced the compliance of the provisions hereof breached by it within said thirty (30) day period and shall with all diligence prosecute work or perform the particular provisions until the same shall have been fuliy rectified or performed.

B. In the event Lessee should fail to pay any installment of rent or pay any other sum due provided in this Lease to be paid by Lessee at the time or times herein specified, Lessor may, at its option, take such action as provided in paragraph C hereof, but only if said default is not rectified within ten (10) days after written notice thereof is served on Lessee by Lessor.

C. In the event Lessee shall fail to pay rent or any other sum provided in this Lease, or in the event of any other breach of this Lease by Lessee, then Lessor, in addition to and without prejudice to any other right or remedy of Lessor hereunder, shall have immediate right of re-entry and may remove all persons and personal property from the Leased Premises, and such personal property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Lessee. Should Lessor elect Salinas Municipal Airport
Jet West FBO Lease
August 27, 2009

to re-enter, as herein provided, or should Lessor take possession pursuant to legal proceedings or pursuant to any notice provided by law, Lessor may either terminate this Lease or may from time to time, without terminating this Lease, relet premises or any part thereof for such term or terms ( extending, at Lessor's option, beyond the term of this lease) and at such rental or rentals and upon such other terms and conditions as Lessor in its sole discretion may deem advisable with the right to make alterations and repairs to the Leased Premises. Upon such reletting:

1. Lessee shall be immediately liable to pay to Lessor, in addition to any indebtedness other than rent hereunder, the cost and expenses of such reletting and of any such alterations and repair, incurred by Lessor, and the amount, if any, by which the rent reserved in this Lease for the period of such reletting (up to but not beyond the term of this Lease) exceed the amount agreed to be paid as rent for the Leased Premises for such period of such reletting; or

2. At the option of Lessor, rents received by Lessor from such reletting shall be applied: first, to the payment of any indebtedness hereunder of Lessee to Lessor, other than rent due; second, to the payment of any costs and expenses of such reletting and of any such alterations and repairs; third, to the payment of rent due and unpaid hereunder; and the residue, if any, shall be paid by Lessor and applied in payment of future rent as the same may become due and payable hereunder.

3. If Lessee has been credited with any rent to be received by such reletting under Option (1), and such rent shall not be promptly paid to Lessor by the new tenant, or if such rentals received from such reletting under Option (2) during any month be less than that to be paid during that month by Lessee hereunder, Lessee shall pay any such deficiency to Lessor. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by Lessor shall be construed as an election by Lessor to terminate this Lease unless a written notice of such intention be given to Lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Lessor may at any time thereafter elect to terminate this Lease for any breach, in addition to any other remedy available to Lessor hereunder, Lessor may recover from Lessee all damages which Lessor may incur by reason of such breach, including any cost of recovering the Leased Premises, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in this Lease for the remainder of stated term, all of which amount shall be immediately due and payable from Lessee to Lessor.

29. Indemnification and Hold Harmless. This Lease is made upon the express condition that Lessor, its officers and employees are to be free from liability and claim for damages by reason of any injury to any person or persons, including Lessee, or property.of any kind whatsoever or to whomsoever belonging, including Lessee's, from any cause or causes whatsoever while in or upon or in any way connected with the Leased Premises or Lessee's use thereof, or from the failure of Lessee to keep the Leased Premises and all improvements and other property therein in good, safe and sanitary Salinas Municipal Airport
Jet West FBO Lease
August 27, 2009

(
condition, or otherwise connected with Lessee's use of the Leased Premises or of other parts of the Salinas Municipal Airport during the term of this Lease. Lessee hereby covenant and agrees to defend, indemnify and save harmless Lessor, its officers and employees from all liability, loss, cost and obligations on account of or arising out of or resulting from any such injuries or losses however occurring except to the extent caused by the willful or negligent acts of Lessor, or of officers or employees o:£:Lessor acting within the course and scope of their employment by Lessor.

30. Abandonment, Etc~. Except as may be herein .in this Lease otherwise expressly provided, Lessee shall not vacate or abandon the Leased Premises ~t any time during the term of this Lease; and if Lessee shall abandon, vacate or surrender said premises or be dispossessed by process of law or otherwise, any property belonging to Lessee and left on the Leased Premises shall be deemed, at the option of Lessor, to be abandoned.

31. Co-ordinates. Co-ordinates used in the description in this lease are based upon the "Horizontal Control Net California Plan Co-ordinates, Zone 4,'; for the City of Salinas, on file in the office of the City Engineer of the City of Salinas.

32. Bankruptcy, Etc .. Either (a) the appointment of a receiver to take possession of all or substantially all of the assets of Lessee, or (b) a general assignment by Lessee for the benefit of creditors, or ( c) any action taken or suffered by Lessee under any insolvency or bankruptcy act, shall constitute a breach of this Lease by Lessee. Notwithstanding the above provisions, the filing of any involuntary petition in bankruptcy against Lessee shall not constitute a breach of this Lease, unless and until there is an adjudication in such involuntary bankruptcy proceedings that Lessee is bankrupt, which adjudication shall constitute a breach of this Lease.

33. Waivers. The waiver by Lessor of any breach of any term, covenant or condition contained iii this lease shall not be deemed to be a waiver of such term, covenant or condition in any subsequent breach of the same or any other term, covenant or condition; and the consent or approval by Lessor to or of any act by Lessee requiring Lessor's consent or approval shall not be deemed to waive or render unnecessary Lessor's consent or approval to or of any subsequent similar acts by Lessee, and the subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant or condition other than the failure of Lessee to pay the particular rent so accepted, regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such rent. ·

34. Litigation Involving Lease. In the event Lessor is made a party to any litigation concerning this Lease or the Leased Premises of any act or omission by Lessee, Lessee shall hold Lessor harmless from all loss or liability, including reasonable attorney's fees incurred by Lessor in such litigation. Further, Lessee shall at its own expense, upon written request by Lessor, defend any such suit or action brought against Lessor, its officers, agents and employees. This section specifically includes any liability arising out of or in connection with separate agreements that Lessor may execute with third parties for services, volunteer or otherwise, relating to or in support of airport activities. In case Salinas Municipal Airport
Jet West FBO Lease
August 27, 2009
Page23 of30
suit shall be brought to interpret or to enforce this Lease, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorneys' fees in addition to such costs as may be allowed by the court.
35~ Holding Over. Any holding over after the expiration of this Lease with the consent of Lessor shall be construed to be a tenancy from month to month at a monthly rental equal to one twelfth of the rental for the year immediately preceding the expiration of said term, and shall otherwise be on the terms and conditions herein in this Lease specified so far a applicable, except that there shall be no right to extend the term of this Lease.

36. Lessee's Assumption and Waiver. This Lease is made upon the express condition, and (in consideration of Lessor's leasing the Leased Premises as herein provided) Lessee covenants, that Lessee hereby voluntarily assumes all risk of loss, damage or injury to the person or property of Lessee (including the leasehold interest of Lessee herein), and of its agents or employees, and of any other person in or about the Leased Premises, which during the term of this Lease may be caused by or arise or occur in any manner from:

A. Flight of any aircraft of any and all kinds now or hereafter known in, through, across, around or about any portion of the airspace over the Leased Premises; or B. Noise, vibration, currents and other effects of air, illumination and fuel consumption, or fear thereof, arising or occurring from or during such flight, or from or during the use by such aircraft of Salinas Municipal Airport facilities, including but not limited to landing, storage, repair, maintenance, operation, warm-up and take-off of such aircraft, and the approach and departure of aircraft to or from said Airport.

Lessee hereby waives and releases Lessor, its officers,.employees, agents and contractors, from any and all claims or causes of action which it may now or hereafter have against Lessor, its officers, employees, agents or contractors, for any loss, damage or injury as outlined in subsections A and B of this paragraph.

37. Construction of Lease. Whenever the singular number is used in this Lease and when required by the context, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders. If there be more than one Lessee designated in or signatory to this lease, the obligations hereunder imposed upon Lessee shall be joint and several; and the term "Lessee" as used herein shall refer to each and every of said signatory parties severally as well as jointly. Each term and provision of this Lease performable by Lessee shall be construed to be both a covenant and a condition.

This instrument contains all of the agreements and conditions entered into and made by and between the parties hereto and may not be modified orally or in any manner other than by an agreement in writing signed by all parties hereto or their respective successors in interest.

38. Time. Time is and shall be of the essence of each term and provision of this Lease.

Salinas Municipal Airport
Jet West FBO Lease
August 27, 2009
Page24 of30

39. Material Breach. Each and every material term, condition, covenari.t and provision· of this Lease is and shall be deemed to be a material part of the consideration for Lessor's entry into this Lease, and any breach hereof by Lessee shall be deemed to be a material breach.

40. Notices. Except as is otherwise herein provided, all notices, statements, demands, requests, consents, approvals, authorizations, offers, agreements, appointments or designations hereunder by either party shall be in writing and shall be sufficiently given and served upon the other party if sent by mail, postage prepaid and addressed as follows:

Ifto Lessor, the same shall be addressed to:

Airport Manager
Salinas Municipal ,Airport
30 Mortensen A venue
Salinas, CA 93905
With a copy to:

City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
or to such other place as Lessor may by such similar notice in writing designate.

If to Lessee, the same shall be addressed to:

JetWestLLC
9400 McIntosh Drive
Monterey, California 93940
or to such other place as Lessee may by such similar notice in writing designate.

The execution of any such notices by the Airport Manager of Lessor shall be effective as to the Lessee as if it were by resolution or order of the City Council, and Lessee shall not question the authority of the Airport Manager to execute any such notice.

All such notices shall either be delivered personally to the other party's designee named above, or shall· be deposited in the United States Mail, properly addressed as aforesaid, postage fully prepaid, and shall be effective the day following such deposit in the mail.

41. Heirs, Successors, and Assigns. All of the covenants, agreements, conditiqns and undertakings herein contained shall, subject to the provisions as to assignments, apply to and bind the representatives, heirs, executors, administrators, successors and/or assigns of Salinas Municipal Airport Page 25 of30
Jet West FBO Lease
August 27, 2009
all the parties hereto; and all the parties hereto shall be jointly and severally liable hereunder.

42. Captions. The various headings and numbers herein and the grouping of the provisions of this Lease into separate sections and paragraphs are for the purpose of convenience only and shall not be considered part hereof.

43. Partial Invalidity. If any term, covenant, condition or provision of this Lease is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

44. Hazardous Substances.

A. Pursuant to Health and Safety Code Section 25359.7, Lessor hereby represents and warrants that Lessor does not know, and has no reasonable cause to believe, that any release of Hazardous Materials ( as hereafter defined) has come to be located on or beneath the Leased Premises. Lessor shall notify Lessee in writing within a reasonable time of any material release of Hazardous Materials and of any Hazardous Materials that have come to be located beneath the Salinas Municipal Airport. Lessor acknowledges that the presence of such Hazardous Materials might adversely affect water supply from the Improvements or require Lessee to install additional water treatment equipment. If Lessee cannot treat any water contaminated by such Hazardous Materials to the levels required by applicable law, Lessee shall have the right to terminate this Lease on sixty (60) days notice to Lessor.

B. Lessee shall comply with all statutes, laws, ordinances, rules, regulations, and precautions now or hereafter mandated or advised by any federal, state, local or other governmental agency (collectively, "Environmental Laws") with respect to the use, generation, storage, or disposal of hazardous, toxic, or radioactive materials (collectively, "Hazardous Materials"). As herein used, Hazardous Materials shall include, but not be limited to, those materials identified in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as amended from time to time, and those substances defined as "hazardous substances," "hazardous materials, "hazardous wastes," "chemicals known to cause cancer or reproductive toxicity," "radioactive materials," or other similar designations in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C.

Section 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Section 5101 et seq., 33 U.S.C. Section 1251 et seq., 42 U.S.C. Section 300(f) et seq., 42 U.S.C. 7401 et seq., California Health and Safety Code Section 25250 et seq., California Water Code Section 13000 et seq., California Health and Safety Code Section 39000 et seq. and any other Environmental Laws now or hereafter in effect. Lessee shall not cause, or allow anyone else to cause, any Hazardous Materials to be used,· generated, stored, or disposed of on or about the Leased Premises, other than reasonable quantities of chemicals required :from time to time for the treatment of water to be supplied from the Premises to Salinas Municipal Airport
Jet West FBO Lease
August 27, 2009
Page26 of30
the standards then required by applicable laws, plus reasonable reserves for such purposes, and office and cleaning supplies in their retail containers.

C. Lessee shall defend (with counsel approved by Lessor), indemnify and hold Lessor, its officers, officials, employees and volunteers, ( collectively, "Lessor Indemnitees") harmless from and against all liabilities, claims, costs, and damages, to the extent arising out of the use, generation, storage, or disposal on the Leased Premises of Hazardous Materials by Lessee or any person claiming under Lessee, including, without limitation, the cost of any required or necessary investigation, monitoring, repair, cleanup, or detoxification and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following the termination of this Lease~ as well as penalties, fines, and claims for contribution to the full extent that such action is attributable, directly or indirectly, to the use, generation, storage, or disposal of Hazardous Materials by Lessee or any person claiming under Lessee. Lessee's obligations under this Section 43 shall survive the expiration or termination of this Lease.

D. Lessor shall indemnify and hold Lessee, its officers, employees, agents, and contractors, ( collectively, "Lessee Indemnitees") harmless from and against all liabilities, claims, costs, and damages,. to the extent arising out of the use, generation, . storage, or disposal on the Salinas Airport of Hazardous Materials by Lessor, its officers, officials, employees and volunteers acting within the scope of their employment or duties, or any predecessor in interest of Lessor as owner of the Salinas Airport, including, without limitation, the cost of any required or necessary investigation, monitoring, repair, cleanup, or detoxification and the preparation of any closure or other required plans, . whether such action is required or necessary prior to or following the termination of this Lease, as well as penalties, fines, and claims for contribution to the full extent that such action is attributable, directly or indirectly, to the use, generation, storage, or disposal of Hazardous Materials by Lessor or any person claiming under Lessor. Lessor's obligations under this Section 43 shall survive the expiration or termination of this Lease.

E. Prior to the expiration of this Lease, Lessee shall at its sole expense, remove from the Leased Premises all Hazardous Materials placed, used or released thereon by Lessee and shall be solely responsible for the mitigation and cleanup of any spoil or contamination caused by such Hazardous Materials.

F. Lessee and Lessor shall each make available for inspection to the other party, all records relating to the maintenance, release, mitigation, cleanup, and disposal of any Hazardous Materials on the Leased Premises. ·
G. Lessor and Lessee shall comply with all federal,·state, and local laws and regulations relating to Hazardous Materials affecting the Leased Premises, and shall timely comply with the orders of any governmental agencies relating thereto.

H. Lessor may reasonably enter upon and inspect the Leased Premises at any time. Lessee shall be responsible for meeting current storm water pollution prevention Best Management Practices (BMPs ), as identified by Lessor in Lessor's Storm Water PollutionPrevention Plan(SWPPP) as amended. As of the commencement date of this Lease Agreement, these BMPs include:

Salinas Municipal Airport
Jet West FBO Lease
August 27, 2009
Page27 of30
l . maintenance of an adequately labeled and stocked spill kit at the site of the Leased Premises;

2. routine spill response training for employees;

3. keeping all maintenance activities covered from wet weather;

4. use of drip pans.

5. removal of any and all pollutants to an off-site location;

6. use of dry cleanup methods.

7. use of spill and overflow protection.

8. proper storage and labeling of materials.

Lessee understands and agrees that failure to meet the BMPs listed above may result in Lessee no longer being included by Lessor in Lessor's participation in the general permit of the California State Water Resources Control Board concerning storm water discharges.

I. Lessor shall notify Lessee of any material release of Hazardous Materials that has come to be located beneath the Salinas Municipal Airport not more than fifteen (15) days of becoming aware of such release or location so that Lessee may be able to assess possible impacts on its public water supply well. Lessor shall provide Lessee with all available relevant data on the chemical composition, quantity, plans, and schedule for containment, removal, or neutralization of such Hazardous Materials as required by local and state regulations. Lessor acknowledges that the presence of such Hazardous Materials might adversely affect water supply from the Improvements or require Lessee to install additional water trea1ment equipment. If Lessee cannot treat ·any water contaminated by such Hazardous Materials to the levels required by applicable law, Lessee shall have the right to terminate this Lease on sixty (60) days notice to Lessor.

45. Multiple Copies of Lease. Multiple copies of this Lease may be executed, but the parties agree that the Lease on file in the office of the City's City Clerk is the version of the Lease that shall take precedence should any difference exist among counterparts of the document.

46. Jurisdiction. This Lease shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Lease shall be in the State of California, in the County of Monterey.

47. Exhibits Incorporated. All exhibits referred to in this Lease and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Lease and any of the terms of any exhibit to the Lease, the terms of the Lease shall control the respective duties and liabilities of the parties.

48. Integration and Agreement. Except as otherwise specifically provided herein, this Lease represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. No prior oral or written understanding Salinas Municipal Airport
Jet West FBO Lease
August 27, 2009

shall be of any force and effect with respect to those matters covered in it This Lease · may not be modified or altered except by amendment in writing sign~d by b,oth parties.

49. Compliance with Laws, Rules, and Regulations. Services performed by Consultant pursuant to this Lease shall be performed in accordance and full compliance with all applicable federal, state, and City laws and any rules or regulations promulgate~ thereunder.

50. Legal Representation. Each party affirms that it has been represented by legal counsel of its own choosing regarding the preparation and the negotiation of this Lease. and the matters and claims set forth herein, and that each of them has read this Lease and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other party ouJside t:he terms set forth in this Lease as an inducement to enter into this Lease.

51. Joint Representation. The language of all parts of this Lease shall in all cases be · construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or '4:afting th~ Lea§e, or any part thereof, shall be appliqable or invqked. . , • 52. Warranty of Authority. Each party represents and warrants that it has the right, power, and authority to enter into this Lease. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Lease for it, to enter into this Lease.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Salinas Municipal Airport
Jet West FBO Lease
August 27, 2009

IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City of Salinas and Jet West, LLC have executed this Lease.

CITY OF SALINAS

RECOMMENDED
~ FOR APPROVAL
Gary Petersen, Airport Manager

APPROVED AS TO FORM
Vanessa
By
Christopher A. Callihan, Sr. Deputy City Attorney
ATTEST
By: w-,.,>,kijIts: fv.h-;~(JV~ A ~7j£ABy:

Its:

Salinas Municipal Airport
Jet West FBO Lease
August 27, 2009
Date
Date
Date
Date 1
Date

...

Jet West FBO Lease
August 27, 2009
"Exhibit A"
ased Pre

:

Salinas Municipal Airport
Jet West FBO Lease
September I, 2009
"Exhibit C"
Leased Premises
Fuel Farm
Attachment B Fuel Farm

Jet West FBO Lease
September 1, 2009
"Exhibit D"
Leased Premises Ramp Area
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-713, Version: 1
Cadence Team Agreement Renewal
Approve a Resolution authorizing the Interim City Manager to negotiate and execute renewal of a service agreement with Cadence Team, Inc. to provide network infrastructure, network maintenance, and support in an amount not to exceed $45,000.

City of Salinas Page 1 of 1 Printed on 11/30/2023
powered by Legistar™
Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: DECEMBER 5, 2023
DEPARTMENT: FINANCE - INFORMATION SYSTEMS
FROM: PATRICIA BARAJAS, CITY CLERK/INTERIM IT MANAGER
BY: SALLY CRUZ, MANAGEMENT ANALYST
TITLE: CADENCE TEAM NETWORK SUPPORT AGREEMENT
RECOMMENDED MOTION:

A motion to approve a resolution authorizing the Interim City Manager to negotiate and execute renewal of a service agreement with Cadence Team, Inc. to provide network infrastructure, network maintenance, and support in an amount not to exceed $45,000.

EXECUTIVE SUMMARY:

Cadence Team, Inc. provides the City of Salinas with standard network infrastructure, network maintenance, and support. They also provide City of Salinas with network monitoring and configuration back-up tools that they and City of Salinas Information Systems Team can access.

BACKGROUND:

Cadence Team, Inc. has been providing City of Salinas with network infrastructure, network maintenance, and support since August 2021. Cadence Team’s TeamCare-Foundation offers hybrid managed services. TeamCare-Foundation is designed to partner with City of Salinas IT staff who have limited resources to support and quickly resolve infrastructure related issues. This allows City of Salinas IT staff to focus on improving customer care. Standard network infrastructure, network maintenance, and support services to be provided by Cadence Team, Inc. include:
 Unlimited Service Calls
 Remote and On-Site Problem Resolution
 Network Documentation
 Firmware Management & Review
 Health Checks
 Network Monitoring
 Warranties and Renewals Management
 Blocks of Time
 Asset Lifecycle Management
Page | 2
CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

This request supports City Council’s Strategic Goals and Strategies of Effective and Culturally Responsive Government, by ensuring that the information systems can support City programs, projects, network infrastructure and City services.

DEPARTMENTAL COORDINATION:

Information Technology will continue to work with all departments to meet the City of Salinas’ network infrastructure needs.

FISCAL AND SUSTAINABILITY IMPACT:

Funding for this agreement is available and appropriated in 1000.20.2033.

ATTACHMENTS:

1. Resolution

2. Cadence Team, Inc. Service Agreement
Page | 1
RESOLUTION NO. (N.C.S.)

A RESOLUTION OF THE CITY COUNCIL OF SALINAS APPROVING THE

RENEWAL OF A SERVICE AGREEMENT BETWEEN THE CITY OF SALINAS AND CADENCE TEAM, INC. (TEAMCARE-FOUNDATION)
WHEREAS, the City desires to renew and maintain its Service Agreement with Cadence Team, Inc.; and
WHEREAS, Cadence Team Inc., will provide network support for the City of Salinas NOW, THEREFORE, BE IT RESOLVED that pursuant to Salinas Municipal Code section 12-27 the Salinas City Council hereby authorizes the Interim City Manager to negotiate and execute the renewal of the Service Agreement with Cadence Team, Inc (TeamCareFoundation Agreement) attached here to as Exhibit A in an amount not to exceed $45,000.

PASSED AND APPROVED this 5th day of December, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_______________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
Form: Services Agreement v. November 2023 Page 1 of 16
Cadence Team, Inc.

December 2023

SERVICE AGREEMENT

BETWEEN THE CITY OF SALINAS
AND CADENCE TEAM, INC.

Form: Services Agreement v. November 2023 Page 2 of 16
Cadence Team, Inc.

December 2023
Contents
RECITALS ..................................................................................................................................... 4 TERMS ........................................................................................................................................... 4

1. Scope of Service. ................................................................................................................. 4

2. Term; Completion Schedule. ............................................................................................... 4

3. Compensation. ..................................................................................................................... 4

4. Billing. ................................................................................................................................. 4

5. Meet & Confer. .................................................................................................................... 5

6. Additional Copies................................................................................................................. 5

7. Responsibility of Consultant................................................................................................ 5

8. Responsibility of City. ......................................................................................................... 5

9. Acceptance of Work Not a Release. .................................................................................... 6

10. Indemnification and Hold Harmless. ................................................................................... 6

11. Insurance.............................................................................................................................. 6

12. Access to Records................................................................................................................ 6

13. Non-Assignability. ............................................................................................................... 6

14. Changes to Scope of Work. ................................................................................................. 6

15. Ownership of Documents. ................................................................................................... 7

16. Termination.......................................................................................................................... 7

17. Compliance with Laws, Rules, and Regulations. ................................................................ 8

18. Exhibits Incorporated........................................................................................................... 8

19. Independent Contractor........................................................................................................ 8

20. Integration and Entire Agreement........................................................................................ 8

21. Jurisdiction and Venue......................................................................................................... 8

22. Severability .......................................................................................................................... 8

23. Notices. ................................................................................................................................ 9

24. Nondiscrimination................................................................................................................ 9

25. Conflict of Interest. .............................................................................................................. 9

26. Headings. ........................................................................................................................... 10

27. Attorneys’ Fees.................................................................................................................. 10

28. Non-Exclusive Agreement................................................................................................. 10

29. Rights and Obligations Under Agreement......................................................................... 10

30. Licenses.............................................................................................................................. 10

31. Counterparts....................................................................................................................... 10

Form: Services Agreement v. November 2023 Page 3 of 16
Cadence Team, Inc.

December 2023

32. Legal Representation. ........................................................................................................ 10

33. Joint Representation........................................................................................................... 10

34. Warranty of Authority........................................................................................................ 11

35. No Waiver of Rights. ......................................................................................................... 11 Exhibit A- Insurance Requirements.............................................................................................. 13 Exhibit B- Scope of Service.......................................................................................................... 16

Form: Services Agreement v. November 2023 Page 4 of 16
Cadence Team, Inc.

December 2023

SERVICE AGREEMENT BETWEEN
THE CITY OF SALINAS AND CADENCE TEAM, INC.

This Agreement for Services (the “Agreement” and/or “Contract”) is made and entered into this 5th day of December 2023, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and Cadence Team, Inc, a California corporation (hereinafter “Consultant”).

RECITALS
WHEREAS, Consultant represents that he, she, or it is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions.

NOW, THEREFORE, City and Consultant agree as follows:

TERMS

1. Scope of Service. The project contemplated and the scope of Consultant’s services are described in Exhibit B, attached hereto and incorporated herein by reference.

2. Term; Completion Schedule. This Agreement shall be deemed to have commenced on October 1, 2023, and shall terminate on June 30, 2024, unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties, and may be terminated only pursuant to the terms of this Agreement.

3. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement as set forth in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed forty-five thousand dollars ($45,000).

4. Billing. Consultant shall submit to City an itemized invoice, prepared in a form satisfactory to City, describing its services and costs for the period covered by the invoice.

Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant’s bills shall include the following information to which such services cost or pertain:
(A) A brief description of services performed;
(B) The date the services were performed;
(C) The number of hours spent and by whom;
(D) A brief description of any costs incurred; and

Form: Services Agreement v. November 2023 Page 5 of 16
Cadence Team, Inc.

December 2023
(E) The Consultant’s signature.

Any such invoices shall be in full accord with any and all applicable provisions of this Agreement.

City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, City shall not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant. The City shall process undisputed portion immediately.

5. Meet & Confer. Consultant agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by the City to ensure timely and adequate performance of the Agreement.

6. Additional Copies. If City requires additional copies of reports, or any other material which Consultant is required to furnish as part of the services under this Agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the actual costs related to the production of such copies by Consultant.

7. Responsibility of Consultant. By executing this Agreement, Consultant agrees that the services to be provided and work to be performed under this Agreement shall be performed in a fully competent manner. By executing this Agreement, Consultant further agrees and represents to City that the Consultant possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the services contemplated under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant’s work. Consultant further agrees and represents that Consultant shall follow the current, generally accepted practices in this area to the profession to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the projects for which the services are rendered under this Agreement.

8. Responsibility of City. To the extent appropriate to the projects to be completed by Consultant pursuant to this Agreement, City shall:
(A) Assist Consultant by placing at its disposal all available information pertinent to the projects, including but not limited to, previous reports and any other data relative to the projects. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City. (B) Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Consultant, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the services of Consultant.

Form: Services Agreement v. November 2023 Page 6 of 16
Cadence Team, Inc.

December 2023
(C) Steve Carrigan, City Manager, or his designee, shall act as City’s representative with respect to the work to be performed under this Agreement. Such person shall have the complete authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to Consultant’s services. City may unilaterally change its representative upon notice to the Consultant.
(D) Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in a project.

9. Acceptance of Work Not a Release. Acceptance by the City of the work to be performed under this Agreement does not operate as a release of Consultant from professional responsibility for the work performed.

10. Indemnification and Hold Harmless.

Consultant shall defend, indemnify, and hold harmless the City and its officers, officials, employees, volunteers, and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder, including the performance of work of any of Consultant’s subcontractors or agents, or Consultant’s failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

11. Insurance. Consultant shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto.

12. Access to Records. Consultant shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Consultant’s usual and customary business hours.

Consultant shall provide proper facilities to City’s representative(s) for such access and inspection.

13. Non-Assignability. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Consultant. This Agreement is personal to Consultant and shall not be assigned by it without express written approval of the City.

14. Changes to Scope of Work. City may at any time, and upon a minimum of ten (10) days written notice, seek to modify the scope of services to be provided for any project to be completed under this Agreement. Consultant shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Consultant as to the extent of said impacts to time and

Form: Services Agreement v. November 2023 Page 7 of 16
Cadence Team, Inc.

December 2023
compensation, an amendment to this Agreement shall be prepared describing such changes.

Execution of the amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the changed scope.

15. Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software (if purchased on the City’s behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for the services rendered by Consultant in connection with which they were prepared. City agrees to hold harmless and indemnify the Consultant against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Consultant.

16. Termination.
(A) City shall have the authority to terminate this Agreement, upon ten days written notice to Consultant, as follows:
(1) If in the City’s opinion the conduct of the Consultant is such that the interest of the City may be impaired or prejudiced, or
(2) For any reason whatsoever.
(B) Upon termination, Consultant shall be entitled to payment of such amount as fairly compensates Consultant for all work satisfactorily performed up to the date of termination based upon the Consultant’s rates shown in Exhibit B and/or Section 3 of this Agreement, except that:
(1) In the event of termination by the City for Consultant’s default, City shall deduct from the amount due Consultant the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Consultant are made to compensate City for its actual additional costs incurred in securing satisfactory performance of the terms of this Agreement, including but not limited to, costs of engaging another consultant(s) for such purposes. In the event that such additional expenses shall exceed amounts otherwise due and payable to Consultant hereunder, Consultant shall pay City the full amount of such expense. (C) In the event that this Agreement is terminated by City for any reason, Consultant shall:
(1) Upon receipt of written notice of such termination promptly cease all services on this project, unless otherwise directed by City; and

Form: Services Agreement v. November 2023 Page 8 of 16
Cadence Team, Inc.

December 2023
(2) Deliver to City all documents, data, reports, summaries, correspondence, photographs, computer software output, video and audio tapes, and any other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Such material is to be delivered to City in completed form; however, notwithstanding the provisions of Section 15 herein, City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such material.
(D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party.
(E) The rights and remedy of the City and Consultant provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.

17. Compliance with Laws, Rules, and Regulations. Services performed by Consultant pursuant to this Agreement shall be performed in accordance and full compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder.

18. Exhibits Incorporated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Agreement, the terms of the Agreement shall control the respective duties and liabilities of the parties.

19. Independent Contractor. It is expressly understood and agreed by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee or servant of the City.

20. Integration and Entire Agreement. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.

21. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.

Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.

22. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.

Form: Services Agreement v. November 2023 Page 9 of 16
Cadence Team, Inc.

December 2023

23. Notices.
(A) Written notices to the City hereunder shall, until further notice by City, be addressed to:

City Manager
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
With a copy to:

City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
(B) Written notices to the Consultant shall, until further notice by the Consultant, be addressed to:

Cadence Team, Inc.

Jeremy Caudill
9100 Seavey Lane
Loomis, California 95650
(C) The execution of any such notices by the City Manager shall be effective as to Consultant as if it were by resolution or order of the City Council, and Consultant shall not question the authority of the City Manager to execute any such notice. (D) All such notices shall either be delivered personally to the other party’s designee named above, or shall be deposited in the United States Mail, properly addressed as aforesaid, postage fully prepaid, and shall be effective the day following such deposit in the mail.

24. Nondiscrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability. Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability.

25. Conflict of Interest. Consultant warrants and declares that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, in any manner or degree which will render the services required under the provisions of this Agreement a violation

Form: Services Agreement v. November 2023 Page 10 of 16 Cadence Team, Inc.

December 2023
of any applicable local, state or federal law. Consultant further declares that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to Consultant as the result of Consultant’s performance of the work or services pursuant to the terms of this Agreement.

26. Headings. The section headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.

27. Attorneys’ Fees. In case suit shall be brought to interpret or to enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorneys’ fees in addition to such costs as may be allowed by the Court. City’s attorneys’ fees, if awarded, shall be calculated at the market rate.

28. Non-Exclusive Agreement. This Agreement is non-exclusive and both City and Consultant expressly reserves the right to contract with other entities for the same or similar services.

29. Rights and Obligations Under Agreement. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.

30. Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its representatives, agents or subcontractors by federal, state or local law, Consultant warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.

31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.

32. Legal Representation. Each party affirms that it has been represented, if it so chose, by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.

33. Joint Representation. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.

Form: Services Agreement v. November 2023 Page 11 of 16 Cadence Team, Inc.

December 2023

34. Warranty of Authority. Each party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.

35. No Waiver of Rights. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agreement or failure to comply with any of the terms of this Agreement shall not constitute a waiver thereof.

Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision. A waiver by the City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.

IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first written above.

CITY OF SALINAS
____________________________
Jim Pia
Interim City Manager
APPROVED AS TO FORM:
_________________________
□ Christopher A. Callihan, City Attorney, or
□ Rhonda Combs, Assistant City Attorney

CONSULTANT
___________________________________
By (Printed Name): ___________________
Its (Title): ___________________________

Form: Services Agreement v. November 2023 Page 12of 16
Cadence Team, Inc.

December 2023

Form: Services Agreement v. November 2023 Page 13 of 16 Cadence Team, Inc.

December 2023
Exhibit A- Insurance Requirements
Insurance Requirements
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees, or subcontractors. With respect to General Liability and Professional Liability, coverage should be maintained for a minimum of five (5) years after Agreement completion.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
(A)Commercial General Liability (“CGL”): Insurance Services Office Form (“ISO”) CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (B) Automobile Liability: ISO Form CA 0001 covering any auto, or if Consultant has no owned autos, hired and non-owned, with limits no less than $1,000,000 per accident for bodily injury and property damage.
(C)Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
(D)Professional Liability (also known as Errors and Omissions) insurance appropriate to the work being performed, with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate per policy period of one year.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Salinas requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Form: Services Agreement v. November 2023 Page 14 of 16 Cadence Team, Inc.

December 2023
Primary Coverage
For any claims related to this Agreement or the project described within this Agreement, the Consultant’s insurance coverage shall be primary coverage at least as broad as ISO Form CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by the Consultant, its employees, agents, and subcontractors.

Self-Insured Retentions
Self-insured retentions must be declared by Consultant to and approved by the City. At the option of the City, Consultant shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the consultant shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim administrations, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of this Agreement or the beginning of Agreement work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.

4. A copy of the claims reporting requirements must be submitted to the City for review.

Form: Services Agreement v. November 2023 Page 15 of 16 Cadence Team, Inc.

December 2023
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable insurance language effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Consultant shall require and verify that all sub-consultants and/or subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from such sub-consultants and/or subcontractors.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Maintenance of Insurance
Maintenance of insurance by Consultant as specified shall in no way be interpreted as relieving Consultant of its indemnification obligations or any responsibility whatsoever and the Consultant may carry, at its own expense, such additional insurance as it deems necessary.

Form: Services Agreement v. November 2023 Page 16 of 16 Cadence Team, Inc.

December 2023
Exhibit B- Scope of Service

EXHIBIT A - SCOPE OF SERVICES
TeamCARE | CONTRACT
www.cadence.team Page 1 of 6
CUSTOMER INFO:

ACCOUNT: City of Salinas
CONTACT: Patricia Barajas
TITLE: Interim IT Manager
PHONE: 831-758-7001
EMAIL: [email protected]
CONTRACT TYPE: FOUNDATION
DEFINITION: REACTIVE/BREAK/FIX
TERM: ANNUAL
TERM DATES: 10/1/23 - 6/30/24
CONTRACT PRICE:

Base Price: $45000.00
(+) Onboarding $0.00
(+) Network Monitoring: $0.00
TOTAL PRICE: $45,000.00
Auvik Nodes Included: 20
Block of Time Included (Hours): 10
BILLING SCHEDULE: QUARTERLY
Invoice #1 10/1/23
Invoice #2 1/1/24
Invoice #3 4/1/24
Invoice #4 7/1/24

SERVICE LEVEL AGREMENT (SLA)
Acknowledgement 30 Minutes
Remote 4 Hours
On-site Next Business Day (NBD)

1. COVERED EQUIPMENT

2. SERVICES

2.1 Unlimited Service calls

2.2 Remote Problem Resolution

2.3 On-Site Problem Resolution

2.4 Network Documentation

2.4.1 Network documentation shall be maintained within the Cloud-Based network monitoring solution (Auvik). Such network documentation includes, but not limited to: Network hardware model numbers, Serial Numbers, IP information, Configurations, and vlan information.

2.4.2 Workbook will be created with all relevant network documentation upon onboarding process

2.4.3 Visio Diagram will be created upon onboarding process

2.5 Firmware Management & Review

2.5.1 As needed to maintain working configuration. If firmware updates are required, Cadence will coordinate with affected sites to do firmware updates. Scheduled maintenance windows happen after hours and not during production hours as this would not be industry best practices.

2.6 Health Checks - As needed to maintain working configuration.

TeamCARE | CONTRACT
www.cadence.team Page 2 of 6

COVERED EQUIPMENT

WAN ROUTERS YES

LAN SWITCHES YES

FIREWALLS YES

WIRELESS NO

DATA CIRCUITS YES

2.7 Network Monitoring

2.7.1 Cloud Based Network Monitoring is built into this contract according to the scope and its term of this contract. Cadence shall provide customer personnel login access to receive alerts and network monitoring information.

2.7.2 Monitored Nodes - A monitored node is considered any managed routers, switch, firewall, and wireless controller capable of sending SNMP information to the Auvik collector. If the customer wants additional nodes outside the scope of this contract, they can be purchased @ $25/month/node.

2.7.3 Collector - The customer shall provide a dedicated workstation or virtual machine to run a “collector” on the network. Cadence Team shall install and configure the “collector” for purposes of monitoring the network.

2.7.4 Network Monitoring Limitations - Network monitoring capabilities are limited to the features provided by Auvik (RMM tool)

2.8 Warranties and Renewals Management

2.8.1 Cadence will provide renewals and warranty management for the equipment covered under this agreement.

2.9 Block of Time

2.9.1 Blocks of time are used for supplemental adds/moves/changes that can be completed within an hour or two. This contract may or may not be included in this contract for work considered outside the scope of this contract and within Cadence’s expertise. The customer has the right to purchase additional hours in 5 hour increments at the rate of $175/hr. Unused hours from Blocks of Time expire with the contract expiration date.

Blocks of time are used for supplemental adds/moves/changes that can be completed within an hour or two.

2.9.2 Blocks of time are intended as a flexible and cost effective alternative to a "fixed project charge", whereas the customer chooses to pay for professional services on a time and materials basis for 1) incidental help associated with, but not limited to minor network adds/moves/changes/documentation/troubleshooting/on-going support for such services, 2) that can be accomplished on a SCHEDULED basis, and/or 3) fixed pricing for professional services can not be immediately determined. Blocks of time do not include an SLA (service level agreement) for priority response other than the SLA associated with the warranty period for professional services completed under the block of time. If on-going support requiring an SLA is required, consult your Cadence Team account manager for additional product offerings.

TeamCARE | CONTRACT
www.cadence.team Page 3 of 6

2.10 Asset Lifecycle Management

2.10.1 Asset List. A list of assets is kept as part of the documentation and limited to the network devices supported under this contract.

2.10.2 Asset Life Cycle Management. Cadence Team monitors the lifecycle of the network equipment included on the contract. This is important for a few reasons: a) budgeting for technology refresh, b) ensure products are within the life cycle and supported by the manufacturer.

3. CUSTOMER RESPONSIBILITIES AND CADENCE TEAM LIMITATIONS

3.1 Manufacturer Warranties.

3.1.1 Manufacturer extended warranties. Manufacturer extended warranties are not included under the terms of this contract and shall be quoted and renewed separately from this service contract.

3.1.2 Required Mfr Warranties. The customer may be required to purchase extended manufacturers support contracts as required by the customer’s Recovery Time Objectives. If the customer can purchase manufacturer extended warranties through Cadence Team. Should the customer require any additional Software/Hardware and/or manufacturers extended maintenance contracts for hardware listed above for reasons unrelated to Cadence Team’s obligation per the terms of this agreement, it shall be the Customer’s responsibility to bear the cost of such services.

3.1.3 Spares. Cadence Team is not stocking spare hardware. In the event of hardware failures, the customer is ultimately responsible for stocking spare parts and/or purchase manufacturer extended warranties for business critical parts based on Recovery Time Objectives (RTO).

3.1.4 Cadence Team’s SLA affected by manufacturer warranties. Service level agreement and response time for issue resolution associated with replacement of a damaged or defective hardware shall be subject to the service level purchased as part of the manufacturer extended warranty. Therefore, Cadence Team’s SLAs defined under this contract could be affected by the limitations of manufacturer advanced replacement SLA for damaged and/or defective hardware.

3.2 Authorized customer staff can contact Cadence support directly to report an issue Only qualified IT members who can discern that something is indeed a networking issue can open a ticket.

If multiple staff members, then the ticket must go through a qualification process that qualifies the ticket as a network related issue.

3.3 Network issues caused by something other than the network and/or components supported under this agreement. Cadence will serve as a main point of contact between the customer and third party vendors and keep the trouble ticket open until the ticket or issue is resolved.

3.4 Cadence Team shall not be responsible for third party software applications including but not limited to VoIP systems or any other application that relies on the network for connectivity..

TeamCARE | CONTRACT
www.cadence.team Page 4 of 6

4. ADDITIONAL PROJECTS OUTSIDE THE SCOPE OF THIS AGREEMENT

4.1 During the contract period, Cadence and/or the customer may propose a project to improve some technical functionality and/or add technology and features that better aligns IT with business/technical goals and result in additional hardware, software, and/or professional services.

4.2 Any additional projects proposed and agreed upon between Cadence and the customer shall be quoted and invoiced separately along with a dedicated Statement of Work (SOW) for said project.

4.3 In some situations, additional hardware and software might be required for Cadence to fulfill its obligation to the contract. Although best efforts have been made to identify all upfront costs, the customer is ultimately responsible for purchasing any necessary hardware/software required to support the network according to the terms of this contract unless otherwise agreed on between Cadence and the customer.

These projects shall be purchased and paid for separately outside of this agreement.

TeamCARE | CONTRACT
www.cadence.team Page 5 of 6

EXHIBIT B

ADDITIONAL TERMS APPLICABLE TO SCOPE OF SERVICES
Additional Requirements/Obligations/Exclusions
TeamCARE | CONTRACT
www.cadence.team Page 6 of 6
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-715, Version: 1
Surplus Fire Vehicles and Equipment for Disposal
Approve a Resolution declaring certain vehicles and equipment surplus and authorizing the donation of two surplus fire apparatus and fire suppression equipment to the community of Chavinda, Michoacan, Mexico and the disposal of several surplus vehicles through contracted auction services.

City of Salinas Page 1 of 1 Printed on 11/30/2023
powered by Legistar™
Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: DECEMBER 5, 2023
DEPARTMENT: FIRE DEPARTMENT
FROM: SAMUEL P. KLEMEK, FIRE CHIEF
BY: SKYLAR THORNTON
TITLE: SURPLUS FIRE VEHICLES AND EQUIPMENT FOR DISPOSAL

RECOMMENDED MOTION:

The Salinas Fire Department recommends that the City Council approve a resolution, as per Salinas Municipal Code sections 12-15 and 12-16, declaring certain vehicles and equipment surplus and authorizing the donation of two surplus fire apparatus and fire suppression equipment to the Mexican communities of Chavinda, Michoacan and San Luis Rio Colorado, Sonora, and the disposal of several surplus vehicles through contracted auction services.

EXECUTIVE SUMMARY:

The department has identified several command vehicles and two fire apparatus that no longer meet service demands. Additionally, surplus equipment is available for donation, no longer meeting community fire protection needs. The recommendation is to donate surplus fire apparatus Vehicle #1 to the community of Chavinda, Michoacan and Vehicle #2 to the community of San Luis Rio Colorado, Sonora and declare the remaining vehicles on the provided list as surplus, authorizing their disposal through contracted auction services.

BACKGROUND:

The Mayors of the communities of Chavinda and San Luis Rio Colorado have reached out to the Salinas Fire Department and requested assistance with the donation of fire apparatus to serve their town. The community of Chavinda serves approximately 10,450 residents and does not currently own an apparatus to help with their increasing wildland and residential fires. The community of San Luis Rio Colorado has a volunteer fire division working on limited funding and has the need to replace their only apparatus. . The City Council is authorized by Salinas City Code section 12- 16 to donate surplus personal property of the City.

Upon approval of the City Council, the following vehicle would be donated to the community of Chavinda:

Page | 2
Vehicle #1 is a 2001 HME Central States, Model 1871 Type 1 Fire Engine, License 1102431. This unit previously served as the first out engine at Fire Station 2 and as a reserve engine since 2018 and was replaced by a 2021 Pierce Enforcer Type 1 fire engine at Fire Station 1.

Upon approval of the City Council, the following vehicle would be donated to the community of San Luis Rio Colorado:

Vehicle #2 is a 2002 HME Central States, Model 1871 Type 1 Fire Engine, License 1130477. This unit previously served as the first out engine at Fire Station 3 and as a reserve engine since 2016.

This unit is replaced by a 2021 Pierce Enforcer Type 1 fire engine at Fire Station 6.

Resolution #21831 authorized the surplus of miscellaneous firefighting tools and equipment, vehicle accessories, and firefighting personal protective equipment (PPE) that are beyond useful life or no longer supported by the manufacturer for parts or repair. The Salinas Fire Department is seeking authorization to donate these items to the municipality of Chavinda, Michoacan, along with Vehicle #1 and #2 above.

Upon approval of the City Council, the following vehicles would be surplus and disposed of through contracted auction services:

Vehicle #3 is a 1988 Simon Duplex Tractor Drawn Aerial, License 1346950. This unit was purchased from City of Anaheim in 2015 and used as a training tiller during the transition from straight ladder truck to tractor drawn aerials.

Vehicle # 4 is a 2007 Ford Crown Victoria sedan, license 1233947. This vehicle is 15 years old and has had a variety of mechanical issues. This vehicle was a former Fire Chief car and staff car for the Fire Department.

Vehicle # 5 is 2007 Ford Expedition, UT4. This vehicle was the EMS officer’s vehicle and later a staff utility vehicle. This vehicle has been replaced by a 2022 Ram 1500.

Vehicle #6 is a 2002 Chevy Tahoe, UT6. This vehicle was a Fire Prevention vehicle and an administrative staff vehicle.

CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA). CEQA Guidelines Section 15378.

STRATEGIC PLAN INITIATIVE:

This resolution supports the Council’s strategic plan initiative of Effective and Culturally Responsive Government.

DEPARTMENTAL COORDINATION:

Page | 3
The Fire Department will work with the Public Works Fleet Maintenance division to ensure all of Salinas Fire Department’s proprietary evidence is removed.

FISCAL AND SUSTAINABILITY IMPACT:

There are no fiscal impacts to the City’s General Fund by authorizing this donation of fire apparatus and equipment and the disposal of vehicles, as recommended in this report.

ATTACHMENTS:

Resolution
Letter of request
RESOLUTION NO. ____________(N.C.S.)

A RESOLUTION DECLARING CERTAIN VEHICLES AND EQUIPMENT SURPLUS,

AUTHORIZING THEIR DISPOSAL, AND APPROVING THE DONATION OF FIRE

APPARATUS TO THE COMMUNITIES OF CHAVINDA, MICHOACAN AND SAN LUIS RIO COLORADO, SONORA.

WHEREAS, the Salinas Fire Department has identified several vehicles and equipment that no longer meet service demands, necessitating their disposal; and WHEREAS, in accordance with Salinas Municipal Code section 12-15, the City Council is authorized to declare surplus and the disposal of certain vehicles and equipment; and WHEREAS, the Mayors of Chavinda, Michoacan and San Luis Rio Colorado, Sonora, have formally requested assistance from the Salinas Fire Department for the donation of fire apparatus to serve their town; and
WHEREAS, a 2001 HME Central States identified as surplus fire apparatus, are recommended for donation to the community of Chavinda, Michoacan; and
WHEREAS, a 2002 HME Central States identified as surplus fire apparatus, are recommended for donation to the community of San Luis Rio Colorado, Sonora; and WHEREAS, Resolution #21831 previously authorized the surplus of miscellaneous firefighting tools and equipment, vehicle accessories, and firefighting personal protective equipment (PPE) that are beyond useful life or no longer supported by the manufacturer for parts or repair; and WHEREAS, the Salinas Fire Department seeks authorization to donate surplus items in Resolution #21831 to the municipality of Chavinda, Michoacan and San Luis Rio Colorado, Sonora; and WHEREAS, the Salinas Fire Department seeks authorization to surplus a 1988 Simon Duplex Tractor, 2007 Ford Crown Victoria sedan, 2007 Ford Expedition, and a 2002 Chevy Tahoe, authorizing their disposal through contracted auction services.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Salinas approves the declaration of the following vehicles and equipment as surplus and authorizes their disposal, in accordance with Salinas Municipal Code section 12-15; and BE IT FURTHER RESOLVED, that the City Council authorizes the donation of surplus fire vehicles #1 and #2 and equipment to the municipalities of Chavinda, Michoacan, and San Luis Rio Colorado, Sonora, in accordance with in accordance with Salinas Municipal Code section 12-16:

Vehicle #1 is a 2001 HME Central States, Model 1871 Type 1 Fire Engine, License 1102431. This unit previously served as the first out engine at Fire Station 2 and as a reserve engine since 2018 and was replaced by a 2021 Pierce Enforcer Type 1 fire engine at Fire Station 1.

Vehicle #2 is a 2002 HME Central States, Model 1871 Type 1 Fire Engine, License 1130477. This unit previously served as the first out engine at Fire Station 3 and as a reserve engine since 2016. This unit is replaced by a 2021 Pierce Enforcer Type 1 fire engine at Fire Station 6.

Vehicle #3 is a 1988 Simon Duplex Tractor Drawn Aerial, License 1346950. This unit was purchased from City of Anaheim in 2015 and used as a training tiller during the transition from straight ladder truck to tractor drawn aerials.

Vehicle # 4 is a 2007 Ford Crown Victoria sedan, license 1233947. This vehicle is 15 years old and has had a variety of mechanical issues. This vehicle was a former Fire Chief car and staff car for the Fire Department.

Vehicle # 5 is 2007 Ford Expedition, UT4. This vehicle was the EMS officer’s vehicle and later a staff utility vehicle. This vehicle has been replaced by a 2022 Ram 1500.

Vehicle #6 is a 2002 Chevy Tahoe, UT6. This vehicle was a Fire Prevention vehicle and an administrative staff vehicle.

PASSED AND APPROVED this 5th day of December 2023 by the following vote:

AYES:

NOES:

ABSENT: APPROVED:
_______________________________
Kimbley Craig, MAYOR
ATTEST:
____________________________
Patricia M. Barajas, CITY CLERK

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-716, Version: 1
Federal Urban Area Security Initiative (UASI) Grant Equipment Purchases Approve a Resolution authorizing the Interim City Manager or designee to approve the 2022 Urban Area Security Initiative (UASI) grant award expenditures related to the Mobile Command and Communications Vehicle (MCCV) technology upgrades in an amount not to exceed $179,500.

City of Salinas Page 1 of 1 Printed on 11/30/2023
powered by Legistar™
Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: DECEMBER 5, 2023
DEPARTMENT: SALINAS FIRE DEPARTMENT
FROM: SAMUEL KLEMEK, FIRE CHIEF
BY: ESTEFANIA VARGAS MANAGEMENT ANALYST
TITLE: 2022 FEDERAL URBAN AREA SECURITY INITIATIVE (UASI)

GRANT EQUIPMENT PURCHASES
RECOMMENDED MOTION:

It is recommended that the City Council approve a resolution authorizing the Interim City Manager or designee to approve the 2022 Urban Area Security Initiative (UASI) grant award expenditures related to the Mobile Command and Communications Vehicle (MCCV) technology upgrades in an amount not to exceed $179,500.

EXECUTIVE SUMMARY:

On August 23, 2022, the Salinas Fire Department received approval from the Salinas City Council for an Urban Area Security Initiative (UASI) grant and has since commenced efforts to improve the Mobile Command and Communications Vehicle (MCCV). This project entails acquiring various equipment, surpassing the predefined $30,000 equipment purchasing limit. To expedite the procurement procedure, the Salinas Fire Department requests that the City Council authorize the Interim City Manager or their designee to authorize single equipment purchases that exceed the purchasing threshold of $30,000, provided the purchases are within the limits of the grant and are consistent with the terms of the grant. This delegation of authority will expedite the integration of technological enhancements. The acquisitions will strictly adhere to the City’s procurement regulations, encompassing bidding procedures and cooperative agreements with qualified vendors, thereby ensuring efficient and timely acquisitions. UASI has made available $179,500 for the Salinas Fire Department to complete this project.

BACKGROUND:

The Salinas Fire Department secured an Urban Area Security Initiative (UASI) grant for vital technology upgrades to the Mobile Command and Communications Vehicle (MCCV). Several equipment purchases for the project that include thermal cameras, a tethered UAV system, a video matrix switch, Motorola radios, satellite data equipment and other video and/or communications equipment will be submitted for purchasing approval; however, those purchases will exceed the City’s purchasing threshold. To allow for the efficient completion of these improvements, authorization is requested from Council to make purchases in excess of the purchasing threshold Page | 2
provided such purchases are within the amount of the grant and are consistent with the terms of the grant.

The enhancements to the MCCV aim to improve interoperable communications and intelligence gathering across diverse jurisdictions. The MCCV upgrades, accessible to any agency under the master mutual-aid system, addresses end-of-life equipment and supports comprehensive common operating pictures. This initiative modernizes the IT network, streamlining operations, and facilitating higher quality imagery sharing across disciplines and agencies.

CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

Approving the proposed resolution will support the City Council’s Strategic Plan Goal of Public Safety.

DEPARTMENTAL COORDINATION:

The Fire Department will work with the Legal Department through the execution of all required agreements and related documents, and with the Finance Department through the acceptance of funds and during the implementation of the project.

FISCAL AND SUSTAINABILITY IMPACT:

Funding is available and appropriated in 3106.45.7222.

ATTACHMENTS:

Resolution
Updated Budget; Equipment List
Page | 1
RESOLUTION NO. (N.C.S.)

RESOLUTION GRANTING AUTHORIZATION FOR PROCUREMENT REQUESTS

ASSOCIATED WITH THE URBAN AREA SECURITY INITIATIVE (UASI) GRANT

FOR THE SALINAS FIRE DEPARTMENT'S MOBILE COMMAND AND

COMMUNICATIONS VEHICLE (MCCV) TECHNOLOGY UPGRADE PROJECT WHEREAS, the Urban Areas Security Initiative (UASI) Program provides grant funding to government entities to enhance regional terrorism preparedness in major metropolitan areas by developing integrated systems for terrorism prevention, protection, response, and recovery; and WHEREAS, on August 23, 2022, the Salinas Fire Department received approval from the Salinas City Council for an Urban Area Security Initiative (UASI) grant to enhance the Mobile Command and Communications Vehicle (MCCV); and
WHEREAS, UASI has made available $179,500 to support the Salinas Fire Department in completing the MCCV technology upgrade project; and
WHEREAS, the MCCV technology upgrade project involves the purchase of various equipment, with individual procurement requests exceeding the predefined $30,000 equipment purchasing limit; and
WHEREAS, the Salinas Fire Department seeks authorization for the Interim City Manager or their designee to approve procurement requests in excess of procurement limits, ensuring efficient and timely acquisitions for the implementation of the MCCV technology upgrade project; and
WHEREAS, the Salinas Fire Department will ensure that all procurement activities adhere strictly to the City’s procurement regulations, including bidding procedures and cooperative agreements with qualified vendors, to guarantee efficient and timely acquisitions; and WHEREAS, this authorization shall include all aspects of program operation including any amendments, extensions, renewals, purchasing and further funding for this program provided funding is made available by UASI.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the Interim City Manager or designee to approve the 2022 UASI grant award expenditures related to the MCCV technology upgrade project in an amount not to exceed $179,500.

PASSED AND APPROVED this 5th day of December 2023 by the following vote:

AYES:

NOES:

Page | 2
ABSENT:

ABSTAIN:

APPROVED:
______________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-717, Version: 1
Memorandum of Understanding (MOU) with the County of Monterey for the Mobile Crisis Services Pilot Program
Approve a Resolution authorizing the Interim City Manager to execute a Memorandum of Understanding with the County of Monterey for the creation and implementation of the Mobile Crisis Services Pilot Program in an amount not to exceed $390,000.

City of Salinas Page 1 of 1 Printed on 11/30/2023
powered by Legistar™
Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: DECEMBER 5, 2023
DEPARTMENT: FIRE DEPARTMENT
FROM: SAMUEL P. KLEMEK, FIRE CHIEF
TITLE: APPROVAL OF MEMORANDUM OF UNDERSTANDING (MOU)

WITH THE COUNTY OF MONTEREY FOR MOBILE CRISIS

SERVICES PILOT
RECOMMENDED MOTION:

It is recommended that City Council approve a resolution authorizing the Interim City Manager to execute a Memorandum of Understanding with the County of Monterey for the creation and implementation of the Mobile Crisis Services Pilot Program in an amount not to exceed $390,000.

EXECUTIVE SUMMARY:

The Salinas City Council has made the creation and implementation of a mobile crisis unit a priority initiative. To meet that objective, the Salinas Fire Department has led the City’s efforts in working with the County of Monterey and has reached agreement on terms of a proposed Memorandum of Understanding (MOU). The proposed MOU between the City of Salinas and the County of Monterey will establish and implement the "Mobile Crisis Services Pilot." The Pilot Program aims to enhance crisis response and intervention services to individuals and families within the city of Salinas through a collaborative effort. The annual cost to the City will be $390,000.

BACKGROUND:

The City of Salinas, recognizing the imperative for equity, has long been in pursuit of a solution that not only better serves a specific population within the city but also ensures a more specialized and equitable behavioral health approach to meet their unique needs. Staff from the City of Salinas, has reached agreement with the County of Monterey on the terms of a Memorandum of Understanding that outlines a collaboration between the County of Monterey, represented by the Department of Health, Behavioral Health Bureau, and the City of Salinas for the Mobile Crisis Services Pilot.

The primary goal of the Pilot Program is to provide in-person risk and safety assessments, crisis intervention, and follow-up services to people in need within the city of Salinas. The MOU is Page | 2
effective from December 31, 2023, through January 1, 2025. The Mobile Crisis Field Response Team, provided by Sierra Mental Wellness Group, and managed by the County of Monterey, will offer face-to-face crisis response, triage, and stabilization services to individuals and families in the city of Salinas. The Pilot Program aims to improve community wellness, reduce the need for restrictive services, and provide crisis intervention services. Specific objectives include adding staff, conducting evaluations, and providing referrals and linkages to needed services. The MOU outlines the procedures for mobile crisis responders, including arrival times, encounter components, and service restrictions in certain settings. The contracted agency will be co-located at the Community Crisis Services office in Salinas, serving residents using an outpatient services model.

The City will be responsible to pay to the County of Monterey the total amount of $390,000 annually to monitor and run the Mobile Crisis Services Pilot program for effective execution.

CEQA CONSIDERATION:

Not a Project. The City Council’s consideration and approval of the proposed Memorandum of Understanding is not a project subject to environmental review under the California Environmental Quality Act (CEQA). CEQA Guidelines Section 15378.

STRATEGIC PLAN INITIATIVE:

This MOU supports the City Council’s Vision and Strategic Goals of Public Safety and Effective and Culturally Responsive Government.

DEPARTMENTAL COORDINATION:

The Salinas Fire Department has been leading the efforts in negotiation and completion of this MOU for the City of Salinas. The Salinas Fire Department has sought and will continue to seek the expertise and collaboration of the City Attorney and City Management through the term of the MOU.

FISCAL AND SUSTAINABILITY IMPACT:

Funding for the Memorandum of Understanding is available and appropriated in 1200.30.3279.

ATTACHMENTS:

Resolution
Memorandum of Understanding
Page | 1
RESOLUTION NO. (N.C.S.)

A RESOLUTION APPROIVING A MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN THE CITY OF SALINAS AND THE COUNTY OF MONTEREY FOR THE

MOBILE CRISIS SERVICES PILOT PROGRAM AND AUTHORIZING THE INTERIM

CITY MANAGER TO ENTER INTO THE MOU ON BEHALF OF THE CITY OF

SALINAS
WHEREAS, the City of Salinas acknowledges the imperative for equity and has actively sought a solution to better serve a specific population within the city through a specialized and equitable behavioral health approach; and
WHEREAS, the City of Salinas, in collaboration with the County of Monterey, has reached an MOU to establish the Mobile Crisis Services Pilot, aiming to provide in-person risk and safety assessments, crisis intervention, and follow-up services in the City of Salinas; and WHEREAS, the primary goal of this collaborative effort is to enhance crisis response and intervention services within the City of Salinas, ensuring a more specialized and equitable behavioral health approach to meet the unique needs of the specific population; and WHEREAS, the Mobile Crisis Field Response Team, managed by the County of Monterey and provided by Sierra Mental Wellness Group, will deliver face-to-face crisis response, triage, and stabilization services to individuals and families in the City of Salinas, with the aim of improving community wellness and reducing the need for restrictive services; and WHEREAS, the MOU outlines the procedures for mobile crisis responders, ensuring timely responses, proper documentation, and adherence to service restrictions in specific settings; and
WHEREAS, the City commits to an annual payment not to exceed $390,000 to the County of Monterey for program monitoring and execution.

NOW, THEREFORE, BE IT RESOLVED by the Salinas City Council authorizes the Interim City Manager to execute the Memorandum of Understanding (MOU) between the City of Salinas and the County of Monterey for the Mobile Crisis Services Pilot Program in an amount not to exceed $390,000.

PASSED AND APPROVED this 5th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Page | 2
APPROVED:
_______________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
Memorandum of Understanding between 1
The County of Monterey Department of Health, Behavioral Health Bureau and the City of Salinas
Mobile Crisis Services Pilot
FYs 12/31/2023 – 1/1/2025

MEMORANDUM OF UNDERSTANDING
Between
County of Monterey,
On behalf of the DEPARTMENT OF HEALTH

BEHAVIORAL HEALTH BUREAU
and

THE CITY OF SALINAS
for
“Mobile Crisis Services Pilot”
December 31, 2023 – January 1, 2025
Memorandum of Understanding between 2
The County of Monterey Department of Health, Behavioral Health Bureau and the City of Salinas
Mobile Crisis Services Pilot
FYs 12/31/2023 – 1/1/2025
Memorandum of Understanding
I. DECLARATION
This MOU is entered into by and between the COUNTY OF MONTEREY, on behalf of the DEPARTMENT OF HEALTH, BEHAVIORAL HEALTH
BUREAU, (hereinafter referred to as COUNTY), and the CITY OF SALINAS, (hereinafter referred to as CITY) for the purpose of collaborating on the Mobile Crisis Services Pilot in the City of Salinas.

II. BACKGROUND
The purpose of the Mobile Crisis Services Pilot with the City of Salinas is for the CITY to provide financing to the COUNTY for the provision of Mobile Crisis Services, as described below in this section:

The Mobile Crisis Field Response Team will provide in-person risk and safety assessments and crisis intervention; collaborate with existing treatment team members; provide linkage for those individuals in need of further behavioral health services, coordinate with emergency response, and provide follow-up services in the City of Salinas. The Mobile Crisis Field Response Team shall consist of a two-person team (as outlined in June 19, 2023 Department of Health Care Services (DHCS) Behavioral Health Information Notice (BHIN) 23-025) scheduled for 40 hours per week. COUNTY shall monitor and manage these services provided by a third-party provider (Sierra Mental Wellness Group) as outlined in Exhibit B in detail.

Mobile crisis field personnel will respond to acute situations as requested by first responders (fire/police) through established emergency communications procedures, and/or as part of non-emergency referral-based services as contracted by COUNTY. When requested to respond to acute situations, mobile crisis personnel will respond out and stage at a location nearby until the scene is deemed secure by first responders.

Work schedule to be determined in coordination with COUNTY and CITY and may be subject to change based on community needs.

III.TERM
This agreement shall commence effective December 31, 2023, and remain in full force and effective through January 1, 2025, or unless sooner terminated as provided herein. Either party may terminate this agreement by giving thirty (30) Memorandum of Understanding between 3
The County of Monterey Department of Health, Behavioral Health Bureau and the City of Salinas
Mobile Crisis Services Pilot
FYs 12/31/2023 – 1/1/2025
days written notice to the other party. This agreement may be renewed, amendment, or renegotiated upon mutual written consent of all parties.

IV.PRINCIPLES OF AGREEMENT
a. CITY agrees to:
i.Pay for the Mobile Crisis Services – City of Salinas Pilot in an amount of $390,000 as described below in subsection (b)(i).
b. COUNTY agrees to:
i.Generate a monthly invoice for expenditures incurred from the Mobile Crisis Services – City of Salinas Pilot, in an amount not to exceed $390,000 in aggregate, in accordance with the payment schedule outlined in the table below:

Fiscal Year (FY) Monthly Invoice
Amount Total by FY
2023-2024 (12/31/2023 - 6/30/2024) $ 32,500 $ 195,000
2024-2025 (07/01/2024 - 01/01/2025) $ 32,500 $ 195,000
Total Maximum Liability $ 390,000

1. Submit monthly invoice to:
a. Department of Finance, City of Salinas 200 Lincoln
Ave. Salinas, CA 93901

2. Monitor the Mobile Crisis Services - Pilot to assure effective execution of the program.

V. MEETINGS/COMMUNICATION
COUNTY shall facilitate bi-monthly (every other month beginning January 2024) programmatic update meetings with CITY and contract VENDORS.

VI.REPORTING REQUIREMENTS / DATA SHARING
County agrees to prepare monthly operational reports for CITY that include noncontact specific statistical service utilization data such as, but not limited to; call origin, frequency, type, geographic data, dispatch and response times, as well as general outcomes for continuing quality monitoring and improvement of the program. This report shall include VENDOR and/or 3rd party related statistical data as well as budgetary, revenue and collections data.

VII. INSURANCE
Memorandum of Understanding between 4
The County of Monterey Department of Health, Behavioral Health Bureau and the City of Salinas
Mobile Crisis Services Pilot
FYs 12/31/2023 – 1/1/2025
Each party recognizes and accepts the other party is self-insured. Either party may purchase commercial insurance to cover its exposure hereunder, in whole or in part.

VIII. MUTUAL INDEMNIFICATION
a. CITY shall indemnify, defend, and hold harmless COUNTY, its officers, agents and employees from any claim, liability, loss, injury, or damage rising out of, or in connection with, performance of this MOU by CITY and/or its agents, members, employees, or sub-contractors, excepting only loss, injury or damage caused by the negligence or willful misconduct of personnel employed by COUNTY. It is the intent of the Parties to this MOU to provide the broadest possible indemnification for COUNTY. CITY shall reimburse COUNTY for all costs, attorneys' fees, expenses, and liabilities incurred by COUNTY with respect to any litigation in which CITY is obligated to indemnify, defend, and hold harmless COUNTY under this MOU.
b. COUNTY shall indemnify, defend, and hold harmless CITY, its officers, agents and employees from any claim, liability, loss, injury, or damage arising out of, or in connection with, performance of this MOU by COUNTY and/or its agents, members, employees, or sub-contractors, excepting only loss, injury or damage caused by the negligence or willful misconduct of personnel employed by CITY. It is the intent of the Parties to this MOU to provide the broadest possible coverage for CITY. COUNTY shall reimburse CITY for all costs, attorneys' fees, expenses, and liabilities incurred by CITY with respect to any litigation in which COUNTY is obligated to indemnify, defend, and hold harmless CITY under this MOU.

IX.NOTICE
a. Notice to the parties in connection with this agreement shall be given personally, or by regular mail, addressed as follows:

CITY OF SALINAS COUNTY OF MONTEREY
Samuel Klemek Elsa M. Jimenez
Fire Chief Director of Health Services
200 Lincoln Avenue 1270 Natividad Road
Salinas, CA 93901 Salinas, CA 93906
(831)758-7470 (831)755-4526
[email protected] [email protected]
Memorandum of Understanding between 5
The County of Monterey Department of Health, Behavioral Health Bureau and the City of Salinas
Mobile Crisis Services Pilot
FYs 12/31/2023 – 1/1/2025
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year written below:

COUNTY OF MONTEREY CITY OF SALINAS
Signature: ___________________________ Signature: _______________________ By: Elsa M. Jimenez, Director of Health Services By: Jim Pia, Interim City Manager Date: _______________________________ Date: ___________________________ Approved as to Legal Form Approved as to Legal Form
Signature: __________________________ Signature: ________________________ By: _______________________________ By: Christopher Callihan, City Attorney Date: ______________________________ Date: ___________________________ Approved as to Fiscal Provisions
Signature: __________________________
By: _______________________________
Date: ______________________________
Memorandum of Understanding between 6
The County of Monterey Department of Health, Behavioral Health Bureau and the City of Salinas
Mobile Crisis Services Pilot
FYs 12/31/2023 – 1/1/2025
EXHIBIT A: INVOICE FORM
Contractor :

Address Line 1
Address Line 2
Tel. No.:

Fax No.:

Contract Term: Final Invoice : (Check if Yes)
Total Annual
Contract
Amount
(FY 2023-24)
Dollar Amount
Requested this
Period
Dollar Amount
Requested to
Date
Dollar Amount
Remaining
% of Total
Contract
Amount
Mobile Crisis Services Pilot 390,000.00 390,000.00 100% TOTALS 390,000.00 390,000.00
Signature:

Title:

City of Salinas Authorization for Payment
Authorized Signatory Date
I certify that the information provided above is, to the best of my knowledge, complete and accurate; the amount requested for reimbursement is County of Monterey Department of Health, Behavioral Health 1270 Natividad Road
Invoice Number:

PO No.:
claims are maintained in our office at the address indicated.

Telephone:
in accordance with the contract approved for services provided under the provision of that contract. Full justification and backup records for those December 31, 2023 - January 1, 2025
Service Description
Cash Flow Advance Amount $32,500 per month
Send to: Department of Finance
City of Salinas
200 Lincoln Ave. Salinas, CA 93901
Salinas, CA 93906
Date:

Invoice Period:

Memorandum of Understanding between 7
The County of Monterey Department of Health, Behavioral Health Bureau and the City of Salinas
Mobile Crisis Services Pilot
FYs 12/31/2023 – 1/1/2025
EXHIBIT B: SCOPE OF WORK

MOBILE CRISIS IN-PERSON RESPONSE

CITY OF SALINAS PILOT
I. PROGRAM NARRATIVE

1. Sierra Mental Wellness Group (SMWG) Mobile Crisis Field Response Team (MCFRT) provides face-to-face field-based behavioral health crisis response, triage, and stabilization to individuals and families who are experiencing an acute behavioral health crisis. The Mobile Crisis Field Response Team will provide in-person risk and safety assessments and crisis intervention; collaborate with existing treatment team members; provide linkage for those individuals in need of further behavioral health services, coordinate with emergency response (40 hours per week, work schedule to be determined by COUNTY and may be subject to change based on community needs); and provide follow up services in the City of Salinas. The clinical threshold for crisis may include aggressive behaviors; suicide attempts/ideation; drug and alcohol overdose or abuse; disruptive symptoms related to thought, mood, and anxiety disorders; escalating behavior(s) and, without immediate intervention, the individual is likely to require a higher intensity of services. It may also present as an overt change in functioning or be prompted by traumatic life events.

The Substance Abuse and Mental Health Services Administration (SAMHSA) identifies mobile crisis services as a critical component of an effective behavioral health crisis continuum of care. The purpose of the Mobile Crisis Field Response is to provide a rapid face-to-face response to persons who are experiencing a behavioral health crisis and execute a brief crisis assessment to evaluate the persons status with the goal of mitigating any immediate risk of danger to self or others, determining a short-term strategy for restoring stability, and identifying appropriate follow-up care.

Such services are to be provided at the physical location where the person is currently located or at an alternate mutually agreed upon safe and secure location in the community.

The Mobile Crisis Field Response Team is a required service by the Department of Healthcare Services (DHCS) to be available for Medi-Cal eligible beneficiaries by December 31, 2023, with an implementation plan submission deadline of October 31, 2023. Behavioral Health Information Notice (BHIN 23-025) outlines the minimum program requirements. This Program works hand in hand with Program 1: 24/7 Mobile Crisis Dispatch, outlined above.

Memorandum of Understanding between 8
The County of Monterey Department of Health, Behavioral Health Bureau and the City of Salinas
Mobile Crisis Services Pilot
FYs 12/31/2023 – 1/1/2025
II. PROGRAM GOALS AND OBJECTIVES PROGRAM GOALS AND

OBJECTIVES

1. PROGRAM GOALS

1. Improve community wellness in the City of Salinas with immediate high-quality face-to face response to behavioral health crises and psychiatric emergencies countywide through collaboration with the Mobile Crisis Dispatch Center outlined in Program 1 that works to divert psychiatric crises before major impacts on the safety and stability of individuals and families occur.

2. Reduce the volume and frequency of other more restrictive and less appropriate services, including inpatient hospitalization or law enforcement involvement.

2. PROGRAM OBJECTIVES

1. CONTRACTOR will add sufficient staff to provide one (1) twoperson team of qualified mobile crisis responders (as defined in BHIN 23-025) to be based out of Salinas to provide City-wide mobile crisis field response and crisis intervention services in Salinas 40 hours per week. Work schedule to be determined by COUNTY and may be subject to change based on community needs.

2. Crisis Responders shall provide face-to-face mental health services to a person experiencing a psychiatric emergency or exhibiting acute psychiatric symptoms. Collateral contact may also be provided to the person who is receiving the face-to-face and/or telephone mental health services from the Mobile Crisis Response Team. The Mobile Crisis Field Responders shall provide services as necessary to resolve the individual’s crisis and engage the individual in appropriate voluntary services to reduce the need for involuntary hospitalization.

3. Crisis Responders shall conduct WIC 5150/5585 evaluations and assessments for persons identified as danger to self, danger to others, or gravely disabled due to mental illness. If a person does not meet criteria for a WIC 5150/5585, Crisis Responders shall engage in safety planning and work to stabilize the situation in the community and ensure that an appropriate safety plan is implemented and follow up in person or by telephone the within 72 hours Crisis Responders shall provide referrals and linkages to other providers, including social services, and facilitate an expedited referral when there is a treatment need to do so to avoid hospitalization.

4. Crisis intervention services shall be defined as an immediate therapeutic response by phone and/or face-to-face and/or telehealth Memorandum of Understanding between 9
The County of Monterey Department of Health, Behavioral Health Bureau and the City of Salinas
Mobile Crisis Services Pilot
FYs 12/31/2023 – 1/1/2025
contact. This response shall encompass multiple functions including direct service provision of counseling and/or mental status evaluation, risk / safety assessment, providing information regarding behavioral health services and related issues; referral to alternate resources; and consultation with referring agencies and/or family and significant others of the person in crisis whenever possible.
a. Crisis Intervention: Therapeutic interventions are provided to engage the adult, child, or youth in safety and risk assessment.

MCFRT staff will complete a Crisis Assessment Tool and shortterm safety plan with the client. If further emergency psychiatric treatment is needed, the MCFRT will work with the caregivers to develop a plan for immediate referral to emergency psychiatric services in the community. The MCFRT will work closely with family, law enforcement, paramedics, and/or psychiatric emergency staff when necessary to assist with the referral process for a smooth transition to acute psychiatric care. In the event of an acute mental health crisis, the MCFRT may assess clients for a WIC 5150/5585 hold or contact the local law enforcement to assess clients for a WIC 5150/5585 hold.
b. Case Management: The MCFRT may make a referral to a
community provider and/or work with existing treatment team members to ensure linkage to needed services.
c. Assessment: An Assessment may be provided to the client during follow up services to assist them in further understanding the feelings, behaviors and triggers linked to the crisis. The intent of this service is to have a MCFRT staff contact the client’s support systems (social workers, therapist, teacher, psychiatrist, etc.) to work together on the best ways to improve or maintain their mental health status. Services may be provided during a crisis. d. Mental Health Rehabilitation: A service activity that includes, but is not limited to, assistance improving, maintaining, or restoring functional skills, daily living skills, social and leisure skills, grooming, and personal hygiene skills; obtaining support resources; and/or obtaining medication education.
e. Collateral: A service activity involving a significant support person in the client’s life for the purpose of addressing the mental health needs of the client in terms of achieving goals of the client’s client plan. Collateral may include, but is not limited to, consultation and training of the significant support person(s) to assist in better utilization of mental health services by the client; consultation and Memorandum of Understanding between 10
The County of Monterey Department of Health, Behavioral Health Bureau and the City of Salinas
Mobile Crisis Services Pilot
FYs 12/31/2023 – 1/1/2025
training of the significant support person(s) to assist in better understanding of mental illness; and family counseling with the significant support person(s) in achieving the goals of the client plan. The client may or may not be present for this service activity.

5. The Mobile Crisis Field Responder shall coordinate care planning efforts with COUNTY for existing Monterey County Behavioral Health clients to provide the least restrictive interventions needed for each situation and ensure the client receives comprehensive and consistent care and the necessary services to maintain stabilization.

6. The Mobile Crisis Field Responder shall conduct follow up services that may include necessary safety planning and education to individuals and family; assessment, case management for linkage to appropriate services; and supports, and community resources for clients and families in need of further mental health services in the field to aide in prevention of a future crisis and address unnecessary emergency department visits and inpatient hospitalizations.

7. CONTRACTOR to work alongside and in close partnership with County Behavioral Health staff, local 988 and Community Crisis Line provider to augment County staffing and existing County mobile crisis services.

8. At least one Mobile Crisis Field Responder in a Team of Two (2) shall be carrying, trained, and able to administer naloxone as clinically necessary.

9. Crisis Responders shall provide services and respond to Behavioral Health clinics and programs, contracted provider clinics and programs, community board and care facilities, homeless shelters, law enforcement, schools, and anywhere in the community in all regions of the Salinas (including remote areas).

10. The Mobile Crisis Field Responder shall provide strength-based, individualized services that consider each client’s age and appropriate developmental needs, maturational level, culture, language, family values and structure, educational functioning level, and physical health.

11. The Mobile Crisis Field Responder shall provide culturally and linguistically appropriate services for the target population. At a minimum, services shall be made available in the two (2) threshold languages (English and Spanish).

Memorandum of Understanding between 11
The County of Monterey Department of Health, Behavioral Health Bureau and the City of Salinas
Mobile Crisis Services Pilot
FYs 12/31/2023 – 1/1/2025

12. The Mobile Crisis Field Responder shall open and close episodes in the Avatar Electronic Health Record, and document admission, CSI, diagnosis, discharges, and mobile response call log data. Responder shall document all notes and services in the Avatar Electronic Health Record following documentation guidelines.

13. Crisis Responders shall complete and enter information into the County’s Electronic Health Record, Avatar, as required in accordance with the County’s Documentation Guidelines and timeliness standards.

It is best practice to document crisis services prior to the end of the shift and complete all related documentation within 24 hours of the services provided.

14. The Mobile Crisis Field Responder shall complete and document services and discharge clients within 5 days. Any exceptions shall be made in coordination with the clinical supervisor and clinical justification documented.

15. COUNTY vehicles to be used to provide services through a lease agreement with CONTRACTOR outlined in Program 2 Section IV.

III. FIELD CRISIS RESPONSE PROCEDURES

1. If a community face-to-face intervention is required, mobile crisis responders shall arrive at the community-based location where a crisis occurs in a timely manner.

Specifically, mobile crisis teams shall arrive:

1. Within 60 minutes of the client being determined to require mobile crisis services in urban areas; and

2. Within 120 minutes of the client being determined to require mobile crisis services in rural areas.

2. Crisis Responders shall call/coordinate with the mobile crisis dispatch center, seek patient information as applicable, and inform of any known additional support needs or recommendations. Crisis Responders shall also report the call disposition of the client being evaluated as soon as it is determined.

3. Mobile Crisis Services Encounter shall include, at minimum:

1. Initial face-to-face crisis assessment;

2. Mobile crisis response;

3. Crisis planning, as appropriate, or documentation in the client’s progress note of the rationale for not engaging the client in crisis planning; and

4. A follow-up check-in within 72 hours (or DHCS requirements), or documentation in the client’s progress note that the client could not be contacted for follow-up despite reasonably diligent efforts by the mobile crisis team.

Memorandum of Understanding between 12
The County of Monterey Department of Health, Behavioral Health Bureau and the City of Salinas
Mobile Crisis Services Pilot
FYs 12/31/2023 – 1/1/2025

5. When appropriate, each mobile crisis services encounter shall also include:
a. Referrals to ongoing services; and/or
b. Facilitation of a warm handoff.

4. Mobile crisis teams shall be prepared and staffed at all timesto deliver all mobile crisis service components, even though there may be some circumstances in which it is not necessary or appropriate to provide all components (e.g., if the mobile crisis team can de-escalate a situation onsite, it may not be necessary to facilitate a warm handoff to a higher level of care).

5. Mobile Crisis Services shall not be provided in the following settings due to restrictions and/or because these facilities and settings are already required to provide other crisis services:

1. Inpatient Hospital;

2. Inpatient Psychiatric Hospital;

3. Emergency Department;

4. Mental Health Rehabilitation Center;

5. Intermediate Care Facility;

6. Settings subject to the inmate exclusion such as jails, prisons and juvenile detention facilities;

7. Other crisis stabilization and receiving facilities (e.g., crisis respite, crisis stabilization units, psychiatric health facilities, psychiatric inpatient hospitals, etc.).

6. Crisis Responders shall complete and enter information into the County’s Electronic Health Record, Avatar, as required in accordance with the County’s Documentation Guidelines and timeliness standards. It is best practice to document crisis services prior to the end of the shift and complete all related documentation within 24 hours of the services provided.

7. Consistent with documentation requirements in BHIN 22-019 mobile crisis teams must document problems identified during the encounter on the client’s problem list within their medical record. Mobile crisis teams must also create a progress note that describe all service components delivered to the client. Progress notes should be completed within 24 hours of providing mobile crisis services.

8. Crisis Responders shall provide in person follow-up or phone call as soon as possible but in all cases within 72 hours of crisis call for all calls not resulting in a WIC section 5150 hold or subsequent placement in an acute setting. Progress notes for all follow-up interventions and plans shall be documented according to Behavioral Health Documentation Guidelines and in keeping with timeliness standards.

1. For every Mobile Crisis field response contact who is an open county BH client, the designated crisis responder or designee shall, within twenty-four (24) hours, email the care coordinator, copying the program supervisor for the applicable program/region. Anyone with an open assignment, and anyone responsible for Memorandum of Understanding between 13
The County of Monterey Department of Health, Behavioral Health Bureau and the City of Salinas
Mobile Crisis Services Pilot
FYs 12/31/2023 – 1/1/2025
coordinating the individual’s behavioral health treatment, shall be informed on when the individual was evaluated and the nature of the risk.

9. If a mobile crisis team receives information that a client is receiving services from a care manager, it shall alert the client’s care manager(s) of the behavioral health crisis, as applicable, and coordinate referrals and follow-up consistent with privacy and confidentiality requirements. Mobile crisis teams shall ensure that they have the client’s consent for these disclosures in cases where consent is required by applicable law.

10. Crisis Responders shall complete, the mobile crisis call log in Avatar detailing crisis calls, including, but not limited to date/time information, responses, and outcomes. It is best practice to complete the mobile crisis call log the same day as the call for service, and within 24 hours of the services provided in keeping with agency timeliness standards for crisis documentation as outlined by DHCS in BHIN 22-019.

IV. TREATMENT SERVICES

1. MODE OF SERVICE: Outpatient

2. OFFICE SITES
CONTRACTOR will be co-located with BH staff at the Community Crisis Services office located at:
1441 Constitution Blvd
Building 400, Suite 200
Salinas, CA 93906

3. HOURS OF OPERATION

1. At least one (1) two-person team of qualified mobile crisis responders (as defined in BHIN 23-025) will be based out of Salinas to provide City-wide mobile crisis field response and crisis intervention services in Salinas 40 hours per week. Work schedule to be determined by COUNTY and may be subject to change based on community needs.

2. The MCFRT shall also provide linkage to the COUNTY for individuals who are not existing clients and meet the target population and criteria for Specialty Mental Health Services (SMHS) or make referrals to appropriate alternative services if a client does not meet Medical Necessity for SMHS.

4. REPORTING REQUIREMENTS

1. CONTRACTOR shall comply with all provisions of the CCMU Grant Program and DHCS requirements in the delivery of Mobile Crisis program services.

2. Contractor and County Staff will partner to be able to gather needed data and report out completely on data points as required by DHCS for provision of Medi-Cal Memorandum of Understanding between 14
The County of Monterey Department of Health, Behavioral Health Bureau and the City of Salinas
Mobile Crisis Services Pilot
FYs 12/31/2023 – 1/1/2025
Mobile Crisis Services Benefit and Crisis Care Mobile Units (CCMU) grant reporting by using information and data available through Avatar as well as other available dispatch software and specialized dashboards. Required data to include but not limited to:
a. Client demographics (age, race, ethnicity, sexual orientation, gender identity, etc.)
b. Crisis location
c. Response times
d. Disposition of encounter
e. Professional titles of each member participating in the mobile crisis response f. Use of telehealth
g. If transportation was needed, and is so, what type was provided h. Law enforcement involvement
i. Information about follow-up check-ins

5. MEETINGS/COMMUNICATIONS
The Contract Monitor shall convene regularly scheduled meetings with CONTRACTOR. The purpose of these meetings shall be to oversee implementation of the contract and program implementation; evaluate contract usage and effectiveness; and make recommendations for contract modifications.

V. DESIGNATED CONTRACT MONITOR
Melanie Rhodes, LMFT, LPCC, CCISM
Deputy Director Behavioral Health
Monterey County Health Department
Behavioral Health Bureau
1270 Natividad Rd.

Salinas, CA 93906
(831) 796-1742
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-718, Version: 1
Rainier Drive Neighborhood Traffic Calming Plan
Approve a Resolution approving the Rainier Drive Neighborhood Traffic Calming Plan supported by residents.

City of Salinas Page 1 of 1 Printed on 11/30/2023
powered by Legistar™
Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: DECEMBER 5, 2023
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, PUBLIC WORKS DIRECTOR
BY: GERARDO RODRIGUEZ, ASSISTANT ENGINEER

ADRIANA ROBLES, CITY ENGINEER
TITLE: RAINIER DRIVE NEIGHBORHOOD TRAFFIC

CALMING PLAN
RECOMMENDED MOTION:

A motion to approve a Resolution approving the Rainier Drive Neighborhood Traffic Calming Plan supported by residents.

EXECUTIVE SUMMARY:

At its June 13, 2023, meeting, City Council approved the 2023-2024 fiscal year priority traffic calming projects, whereas Rainier Drive ranked the highest priority. Staff held a community meeting and worked with residents of Rainier Drive to develop a traffic calming plan. A vote was conducted to gauge community support, and the Rainier Drive Traffic Calming Plan met the support requirements as prescribed by City’s policy. Therefore, staff recommends the approval and implementation of the neighborhood traffic calming plan for Rainier Drive.

BACKGROUND:

In October 2009, the City Council adopted the Salinas Neighborhood Traffic Management Program to address residential neighborhood traffic concerns. The program was established initially to address concerns from neighborhoods that could not be supported by traffic enforcement since it was impractical at the time to deploy traffic enforcement officers in residential areas. There had been a growing request for speed reduction throughout the City for which the City had no tools to address the residents’ concerns.

Traffic calming devices are generally not considered traffic control devices as defined by the State and Federal Manual of Uniform Traffic Control Devices (MUTCD). The City began compiling traffic calming studies in 2002 and found there was very few applications in California. To assist in the development of the City’s Policy, the City hired a consultant to help develop the City’s traffic calming policy based on best practices. The resulting policy contained a toolbox of traffic calming measures that would be used to address neighborhood problems associated with speeds and vehicle volume on residential streets. The adoption of the policy also included the adoption of Page | 2
traffic calming tools that can be provided on City streets. The policy also provided the process for consideration of projects under the program which is important for securing support from residents of a neighborhood who would be affected by traffic calming implementation.

In the development of the City’s policy, City staff met with all affected parties including emergency response providers as well as other service providers such as solid waste collection services and street sweeping. These agencies and providers were all invited in the discussion of the traffic calming policy development. The traffic calming program implementation therefore includes considerations and understanding of the program by potentially affected parties. The City’s policy only applies to city streets that have residential uses.

On November 7, 2017, with an influx of traffic calming requests received, the City approved criteria for prioritizing traffic calming requests based on traffic conditions, collision history, nearby land uses, geometrics, and facilities. These criteria provide a transparent way to prioritize requests given the City’s limited resources. Every year, staff presents traffic calming recommended priorities based on the criteria to the City Council. Council proceeds with implementation based on Council approved priorities.

In August 2022, residents of Rainier Drive submitted a petition requesting the City to investigate speeding issues along Rainier Drive. Traffic studies were conducted in various locations along the street, and the results confirmed high speeds on Rainier Drive. Results met the criteria for traffic calming implementation.

The Traffic and Transportation Division held a meeting with residents on September 7, 2023, to develop a traffic calming plan for Rainier Drive to address speeding concerns. With residents’ input received at this meeting, a neighborhood traffic calming plan was developed and finalized.

In accordance with the City’s policy, the plan was taken to vote to determine support from residents. Ballots with pre-paid envelopes were mailed to residents of Rainier Drive, and the vote was conducted over a 4-week period. Residents were encouraged to talk to and inform their neighbors. On October 26, 2023, the voting period ended, and the neighborhood met the support vote requirement as prescribed in the City’s policy. The City received ballots from 60% of all applicable households, meeting the 50% return rate requirement. Of the ballots received, 93% were in favor of the Plan, meeting the 67% in favor requirement. Staff is therefore recommending the implementation of the Rainier Drive Neighborhood Traffic Calming Plan.

The proposed Rainier Drive Neighborhood Traffic Calming Plan includes the installation of four (4) speed cushions and a vehicle speed feedback sign. Speed cushions are vertical traffic calming devices and are similar to speed humps but are made of rubberized material. Speed cushions are designed to have lesser impact on fire department response and are spaced to maintain a speed of approximately 25 mph, which corresponds to the speed limit on residential streets. Vehicle speed feedback sign displays real-time speeds to drivers and flashes when speeds exceed the speed limit.

Attachment 1 shows the approximate locations of the speed cushions and the vehicle speed feedback sign.

Page | 3
Traffic and Transportation Commission:

The Rainier Drive Neighborhood Traffic Calming Plan was presented to the Traffic and Transportation Commission at its November 9, 2023, meeting. The Commission voted (5-1) recommending City Council approve a Resolution to implement the Rainier Drive neighborhood traffic calming plan supported by residents.

District 1 appointment is currently vacant.

CEQA CONSIDERATION:

Staff has determined that the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 15301, Class 1). The project consists of the operation, repair, or minor alteration of public streets involving no expansion of use. There would be no significant effect on the environment.

STRATEGIC PLAN INITIATIVE:

The Traffic Calming Policy supports Council’s goal of “Public Safety”.

DEPARTMENTAL COORDINATION:

Public Works staff coordinate with the Salinas Fire Department on the recommendation of the traffic calming plan. Staff also coordinates with the Salinas Police Department if traffic calming enforcement assistance is necessary.

FISCAL AND SUSTAINABILITY IMPACT:

The estimated cost of the improvements using the City’s On-Call Contract for Traffic Control Devices is $126,948. Funding is available and appropriated in 5800.50.9163 and 3911.50.8180.

Alternatively, in the past the City’s maintenance crews have been able to assist in the installation of speed cushions as overtime work. If City staff is available to perform the work, the estimated cost to install the speed cushions and the vehicle feedback sign is $45,000.

ATTACHMENTS:

Resolution
Attachment 1: Rainier Drive Proposed Traffic Calming Plan RESOLUTION NO. _______ (N.C.S.)

A RESOLUTION OF THE SALINAS CITY COUNCIL APPROVING THE

IMPLEMENTATION OF THE RAINIER DRIVE NEIGHBORHOOD TRAFFIC

CALMING PLAN SUPPORTED BY RESIDENTS
WHEREAS, the City Council adopted the City’s Traffic Calming Policy at its October 6, 2009 meeting (Resolution No. 19764) which outlined a process for consideration of traffic calming requests from the community; and
WHEREAS, the City Council adopted a resolution approving the prioritization strategy for Traffic Calming requests on its November 7, 2017 meeting (Resolution No. 21291) with the support of the Traffic and Transportation Commission; and WHEREAS, at its June 13, 2023 meeting, City Council approved the 2023-2024 fiscal year neighborhood traffic calming project prioritization list (Resolution No. 22696), whereas Rainier Drive ranked the highest priority; and
WHEREAS, staff worked with residents of Rainier Drive to develop a traffic calming plan and distribute ballots to help determine neighborhood support of the plan. As required by the City’s policy, a vote was conducted to gauge community support, and the Rainier Drive traffic calming plan received the support votes required as prescribed by the City’s policy; and WHEREAS, the Traffic and Transportation Commission at its November 9, 2023, meeting voted (5-1) to recommend approval and implementation of the Rainier Drive Neighborhood Traffic Calming Plan supported by residents; and
WHEREAS, the City of Salinas has determined that the implementing the traffic calming plan is exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 15301, Class 1). The project consists of the operation, repair, or minor alteration of public streets involving no expansion of use. There would be no significant effect on the environment.

NOW THEREFORE, BE IT RESOLVED that the Salinas City Council that the Neighborhood Traffic Calming Plan for Rainier Drive proposed through this Resolution is hereby approved; and
PASSED AND APPROVED this 5
th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSENT:

APPROVED:
__________________________________
Kimbley Craig, Mayor
ATTEST:
__________________________
Patricia M. Barajas, City Clerk

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-719, Version: 1
Nogal Drive Neighborhood Traffic Calming Plan
Approve a Resolution approving the Rainier Drive Neighborhood Traffic Calming Plan supported by residents.

City of Salinas Page 1 of 1 Printed on 11/30/2023
powered by Legistar™
Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: DECEMBER 5, 2023
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, PUBLIC WORKS DIRECTOR
BY: GERARDO RODRIGUEZ, ASSISTANT ENGINEER

ADRIANA ROBLES, CITY ENGINEER
TITLE: NOGAL DRIVE NEIGHBORHOOD TRAFFIC

CALMING PLAN
RECOMMENDED MOTION:

A motion to approve a Resolution approving the Nogal Drive Neighborhood Traffic Calming Plan supported by residents.

EXECUTIVE SUMMARY:

At its June 13, 2023, meeting, City Council approved the 2023-2024 fiscal year priority traffic calming projects, whereas Nogal Drive ranked the highest priority. Staff held a community meeting and worked with residents of Nogal Drive to develop a traffic calming plan. A vote was conducted to gauge community support, and the Nogal Drive Traffic Calming Plan met the support requirements as prescribed by the City’s policy. Therefore, staff recommends the approval and implementation of the neighborhood traffic calming plan for Nogal Drive.

BACKGROUND:

In October 2009, the City Council adopted the Salinas Neighborhood Traffic Management Program to address residential neighborhood traffic concerns. The program was established initially to address concerns from neighborhoods that could not be supported by traffic enforcement since it was impractical at the time to deploy traffic enforcement officers in residential areas. There had been a growing request for speed reduction throughout the City for which the City had no tools to address the residents’ concerns.

Traffic calming devices are generally not considered traffic control devices as defined by the State and Federal Manual of Uniform Traffic Control Devices (MUTCD). The City began compiling traffic calming studies in 2002 and found there was very few applications in California. To assist in the development of the City’s Policy, the City hired a consultant to help develop the City’s traffic calming policy based on best practices. The resulting policy contained a toolbox of traffic calming measures that would be used to address neighborhood problems associated with speeds and vehicle volume on residential streets. The adoption of the policy also included the adoption of Page | 2
traffic calming tools that can be provided on City streets. The policy also provided the process for consideration of projects under the program which is important for securing support from residents of a neighborhood who would be affected by traffic calming implementation.

In the development of the City’s policy, City staff met with all affected parties including emergency response providers as well as other service providers such as solid waste collection services and street sweeping. These agencies and providers were all invited in the discussion of the traffic calming policy development. The traffic calming program implementation therefore includes considerations and understanding of the program by potentially affected parties. The City’s policy only applies to city streets that have residential uses.

On November 7, 2017, with an influx of traffic calming requests received, the City approved criteria for prioritizing traffic calming requests based on traffic conditions, collision history, nearby land uses, geometrics and facilities. These criteria provide a transparent way to prioritize requests given the City’s limited resources. Every year, staff presents traffic calming recommended priorities based on the criteria to the City Council. Council proceeds with implementation based on Council approved priorities.

In November 2021, residents of Nogal Drive submitted a petition requesting the City to investigate speeding issues along Nogal Drive. Traffic studies were conducted in various locations along the street, and the results confirmed high speeds on Nogal Drive. Results met the criteria for traffic calming implementation.

The Traffic and Transportation Division held a meeting with residents on September 23, 2023, to develop a traffic calming plan for Nogal Drive to address the speeding concerns. With residents’ input received at this meeting, a neighborhood traffic calming plan was developed and finalized.

In accordance with the City’s policy, the plan was taken to vote to determine support from residents. Ballots with pre-paid envelopes were mailed to residents of Nogal Drive, and the vote was conducted over a 4-week period. Residents were encouraged to talk to and inform their neighbors. On November 2, 2023, the voting period ended, and the neighborhood met the support vote requirement as prescribed in the City’s policy. The City received ballots from 52% of all applicable households, meeting the 50% return rate requirement. Of the ballots received, 98% were in favor of the Plan, meeting the 67% in favor requirement. Staff is therefore recommending the implementation of the Nogal Drive Neighborhood Traffic Calming Plan.

The proposed Nogal Drive Neighborhood Traffic Calming Plan includes the installation of four (4) speed cushions. Speed cushions are vertical traffic calming devices and are similar to speed humps but are made of rubberized material. Speed cushions are designed to have lesser impact on fire department response and are spaced to maintain a speed of approximately 25 mph, which corresponds to the speed limit on residential streets. Attachment 1 shows the approximate locations of the speed cushions.

Page | 3
Traffic and Transportation Commission:

The Nogal Drive Neighborhood Traffic Calming Plan was presented to the Traffic and Transportation Commission at its November 9, 2023, meeting. The Commission voted (5-1) recommending City Council approve a Resolution to implement the Nogal Drive neighborhood traffic calming plan supported by residents.

The District 1 appointment is currently vacant.

CEQA CONSIDERATION:

Staff has determined that the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 15301, Class 1). The project consists of the operation, repair, or minor alteration of public streets involving no expansion of use. There would be no significant effect on the environment.

STRATEGIC PLAN INITIATIVE:

The Traffic Calming Policy support Council’s goal of “Public Safety”.

DEPARTMENTAL COORDINATION:

Public Works staff coordinate with the Salinas Fire Department on the recommendation of the traffic calming plan. Staff also coordinates with the Salinas Police Department if traffic calming enforcement assistance is necessary.

FISCAL AND SUSTAINABILITY IMPACT:

The estimated total cost of the improvements using the City’s On-Call Contract for Traffic Control Devices is $112,308. Funding is available and appropriated in 5800.50.9163 and 3911.50.8180.

Alternatively, in the past the City’s maintenance crews have been able to assist in the installation of speed cushions as overtime work. If City staff is available to perform the work, the estimated cost to install the speed cushions is $40,000.

ATTACHMENTS:

Resolution
Attachment 1: Nogal Drive Proposed Traffic Calming Plan RESOLUTION NO. _______ (N.C.S.)

A RESOLUTION OF THE SALINAS CITY COUNCIL APPROVING THE

IMPLEMENTATION OF THE NOGAL DRIVE NEIGHBORHOOD TRAFFIC

CALMING PLAN SUPPORTED BY RESIDENTS
WHEREAS, the City Council adopted the City’s Traffic Calming Policy at its October 6, 2009 meeting (Resolution No. 19764) which outlined a process for consideration of traffic calming requests from the community; and
WHEREAS, the City Council adopted a resolution approving the prioritization strategy for Traffic Calming requests on its November 7, 2017 meeting (Resolution No. 21291) with the support of the Traffic and Transportation Commission; and WHEREAS, at its June 13, 2023 meeting, City Council approved the 2023-2024 fiscal year neighborhood traffic calming project prioritization list (Resolution No. 22696), whereas Nogal Drive ranked the second highest priority; and
WHEREAS, staff worked with residents of Nogal Drive to develop a traffic calming plan and distribute ballots to help determine neighborhood support of the plan. As required by the City’s policy, a vote was conducted to gauge community support, and the Nogal Drive traffic calming plan received the support votes required as prescribed by the City’s policy; and WHEREAS, the Traffic and Transportation Commission at its November 9, 2023 meeting voted (5-1) to recommend approval and implementation of the Nogal Drive Neighborhood Traffic Calming Plan supported by residents; and
WHEREAS, the City of Salinas has determined that the implementing the traffic calming plan is exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 15301, Class 1). The project consists of the operation, repair, or minor alteration of public streets involving no expansion of use. There would be no significant effect on the environment NOW THEREFORE, BE IT RESOLVED that the Salinas City Council that the Neighborhood Traffic Calming Plan for Nogal Drive proposed through this Resolution is hereby approved; and
PASSED AND APPROVED this 5
th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSENT:

APPROVED:
__________________________________
Kimbley Craig, Mayor
ATTEST:
__________________________
Patricia M. Barajas, City Clerk
stop

FREEDOM PKWY NOGAL DR PACANA CIR

MANZANO WAY MIMBRERA WAY AMARILLO WAY NOGAL CIR CAOBA WAY LAS CASITAS DR 2ND ST
4TH ST 4TH ST

YUCATAN WAY
stop stop stop
stop
stop stop
stop DETAIL A NOGAL DR DETAIL A LEGEND SPEED CUSHION stop EXISTING STOP SIGN PROPOSED NOGAL DR TRAFFIC CALMING PLAN PLAN DE PROPUESTO DE MODERACIÓN DE TRAFICO EN LA CALLE NOGAL DR TYPICAL INSTALLATION 0 230' 460' SCALE: 1"= 230' S A L I NA CSA L I F ORNI A N City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-724, Version: 1
City Hall First Floor Build Back, Project No. 8170
Approve a Resolution approving the Plans and Specifications for the City Hall First Floor Build Back, CIP No. 8170; and awarding a contract to Premier Builders, Inc. for the City Hall First Floor Build Back, CIP No. 8170 in the amount of $1,859,138; and authorizing 25% of the contract amount, $464,784.50, for construction contingencies for the City Hall First Floor Build Back, CIP No. 8170; and approving the City’s reallocation of American Rescue Plan Act funds (ARPA), in the amount of $1,000,000, from Park Irrigation Upgrades (3911.55.8191) to Adaptations to City Hall project (3911.50.8170).

City of Salinas Page 1 of 1 Printed on 11/30/2023
powered by Legistar™
Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: DECEMBER 5, 2023
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: JIM PIA, INTERIM CITY MANAGER
DAVID JACOBS, P.E., L.S., PUBLIC WORKS DIRECTOR
BY: JONATHAN ESTEBAN, ASSISTANT ENGINEER

ADRIANA ROBLES, PE, CFM, CITY ENGINEER
TITLE: CITY HALL FIRST FLOOR BUILD BACK, CIP 8170
RECOMMENDED MOTION:

It is recommended that the City Council approve a resolution:

1. Approving the Plans and Specifications for the City Hall First Floor Build Back, CIP No. 8170; and

2. Awarding a contract to Premier Builders, Inc. for the City Hall First Floor Build Back, CIP No. 8170 in the amount of $1,859,138; and

3. Authorizing 25% of the contract amount, $464,784.50, for construction contingencies for the City Hall First Floor Build Back, CIP No. 8170; and

4. Approve the City’s reallocation of American Rescue Plan Act funds (ARPA), in the amount of $1,000,000, from Park Irrigation Upgrades (3911.55.8191) to Adaptations to City Hall project (3911.50.8170).

EXECUTIVE SUMMARY:

On April 4, 2023, City Council awarded a contract to F C & Sons Roofing, Inc. for the City Hall Emergency Roof Repair Project, CIP 8170 in the amount of $646,271 and Contract Change Order No. 1 for abatement of City Hall First Floor in the amount of $412,031. On August 22, 2023, staff solicited bids for the City Hall First Floor Build Back, CIP No. 8170 with an October 3, 2023, bid opening date. No bids were received. Thus, the project was informally bid. Premier Builders, Inc. was the only responsive, responsible bidder and submitted an informal bid in the amount of $1,859,138. Staff recommends approval of a resolution approving the plans, awarding the City Hall First Floor Build Back, CIP No. 8170, to Premier Builders, Inc., and authorizing the Interim City Manager, or his/her designee, to approve change orders for an amount 25% of the contract, $464,784.50 for construction contingencies.

BACKGROUND:

Page | 2
On April 4, 2023, City Council awarded a contract to F C & Sons Roofing, Inc. for the City Hall Emergency Roof Repair Project, CIP 8170 in the amount of $646,271 and Contract Change Order No. 1 for abatement of City Hall First Floor in the amount of $412,031.

The scope for Contract Change Order No. 1 included abatement of asbestos containing fireproofing spray, demolition of T-bar ceiling, ceiling tiles, lighting, HVAC, flooring, and mastic within the first floor of city hall. Prior to the project all City staff and furniture was moved out of the city hall 1st floor abatement space.

City hired TEF Architects to prepare plans and specifications for build back of 1st floor of City Hall. The City Hall 1st Floor Build Back scope includes replacement of previously demolished nonstructural elements including new T-bar ceiling grid and ceiling tiles, baseboards, carpet and floor tiles (excluding restrooms), lighting and electrical including delta controls, HVAC (including design-build submittal with Title 24 calcs), deck fireproofing, fire alarm system (including calculations), fire walls, and all incidental and appurtenant improvements and restorations specified on the Plans and Specifications.

City Engineer approved the project plans and specifications and authorized the call to bids for the project on August 22, 2023. Bid closing was October 3, 2023.

On October 3, 2023, no bid proposals were received. Thus, staff contacted several contractors individually to submit a proposal informally, including Swinerton Builders, Avila Construction, Dilbeck and Sons, Thayer Construction, and Premier Builders. During the information solicitation, the scope of work expanded to include additional work due to the additional demolition and abatement of the roof repair project. Premier Builders, Inc. was the only responsive bidder to submit a bid in the amount of $1,859,138.

Construction of the build back is anticipated to begin in January 2024 and completion in July 2024.

The remaining project funding for 3911.50.8170 – Adaptations to City Hall as of November 30, 2023, is $2,269,452.08.

ANTICIPATED COSTS
Description Anticipated Expenditure
Premier Builders, Inc. Base Bid $1,859,138.00
Contingency (25%) $464,784.50
Direct Project Cost Subtotal $2,323,922.50
Inspection/Labor Compliance (10%) $185,913.80
Administrative Overhead $50,000.00
City Staff Project Management and Admin. (5%) $92,956.90 Soft Project Cost Subtotal $328,870.70
Project Direct Costs $2,323,922.50
Project Soft Costs $328,870.70
TOTAL PROJECT COSTS $2,652,793.50
CEQA CONSIDERATION:

Page | 3
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

This project addresses the current City Council’s Goals of Operational Efficiency and Public Safety.

DEPARTMENTAL COORDINATION:

The purchasing process and staff report were coordinated with the Public Works Department, the City Attorney’s Office, and Finance Department.

FISCAL AND SUSTAINABILITY IMPACT:

With Council approval of the resolution, sufficient funds are available and appropriated in 3911.50.8170 to award the project for $1,859,138, and total project costs of approximately $2,652,793.50.

ATTACHMENTS:

Resolution
RESOLUTION NO.____________(N.C.S.)

A RESOLUTION AWARDING THE CITY HALL FIRST FLOOR BUILD BACK, CIP NO. 8170 TO PREMIER BUILDERS, INC.

WHEREAS, on April 4th, 2023, City Council awarded a contract to F C & Sons Roofing, Inc. for the City Hall Emergency Roof Repair Project, CIP 8170 in the amount of $646,271.00 and Contract Change Order No. 1 for abatement of City Hall First Floor in the amount of $412,031.00; and
WHEREAS, the scope for Contract Change Order No. 1 included abatement of asbestos containing fireproofing spray and demolition of T-bar ceiling, ceiling tiles, lighting, HVAC, flooring, and mastic within the first floor of city hall; and WHEREAS, City hired TEF Architects to prepare plans and specifications for the build back of 1st floor of City Hall; and
WHEREAS, City Engineer approved the project plans and specifications and authorized the call to bids for this project on August 22, 2023 with a bid closing of October 3, 2023; and WHEREAS, no bids were received by October 3, 2023; and
WHEREAS, staff contacted five (5) companies directly to provide proposals for the City Hall First Floor Build Back Project; and
WHEREAS, of the companies, Premier Builders, Inc. was the only responsive, responsible bidder to submit a bid; and
WHEREAS, City staff recommends awarding of the project to Premier Builders, Inc. in the amount of $1,859,138.00; and
WHEREAS, City staff thereupon reported the results of the bidding to the City Council at its regular meeting on December 5, 2023, and the City Council in open session at said meeting examined the staff report.

NOW, THEREFORE, BE IT RESOLVED pursuant to Salinas Municipal Code Section 12-21, in reference to the “City Hall First Floor Build Back, CIP No. 8170”, contract is hereby awarded to Premier Builders, Inc, for the sum of $1,859,138, and more specifically at the unit prices set forth and contained in the Proposal for the “City Hall First Floor Build Back, Project No. 8170”, filed in the office of the City Clerk; and BE IT FURTHER RESOLVED that said project plans and specifications are hereby accepted and adopted for said work and are also referred to for all of the details and particulars thereof, and said project plans and specifications are by reference incorporated in and hereby made a part of this resolution; and
BE IT FURTHER RESOLVED that that the Mayor of Salinas is hereby authorized and directed on behalf of the City of Salinas to execute a contract with Premier Builders Inc. consistent with the Proposal for said work; and
BE IT FURTHER RESOLVED that the City Council authorizes 25% of the contract amount, $464,784.50 for construction contingencies for the City Hall First Floor Build Back, CIP No. 8170.

BE IT FURTHER RESOLVED that the City Council approve the City’s reallocation of American Rescue Plan Act funds (ARPA), in the amount of $1,000,000, from Park Irrigation Upgrades (3911.55.8191) to Adaptations to City Hall project (3911.50.8170).

PASSED AND APPROVED this 5
th day of December 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
______________________________
Kimbley Craig, Mayor
ATTEST:
_______________________________
Patricia M. Barajas, City Clerk
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-726, Version: 1
Closed Circuit Television of Sanitary Sewer
Approve a Resolution approving the plans and specifications for the CCTV of Sanitary Sewer and approving award of contract to National Plant Services, Inc. for the CCTV of Sanitary Sewer in the amount of $547,512.02 (Bid Items 1-14); and approve a 15% contingency in the amount of $82,100.

City of Salinas Page 1 of 1 Printed on 11/30/2023
powered by Legistar™
Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: DECEMBER 5, 2023
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, PE, LS, DIRECTOR
BY: JOSIE LANTACA, ASSISTANT ENGINEER
TITLE: CLOSED CIRCUIT TELEVISION OF SANITARY SEWER
RECOMMENDED MOTION:

A motion to:
1) Approve the plans and specifications for the Closed Circuit Television of Sanitary Sewer in an amount not to exceed $652,262; and
2) Approve award of contract to National Plant Services, Inc. for the CCTV of Sanitary Sewer in the amount of $547,512.02 (Bid Items 1-14);and
3) Approve a 15% contingency in the amount of $82,100.

EXECUTIVE SUMMARY:

The Closed Circuit Television (CCTV) of Sanitary Sewer is one of the identified projects listed as part of the “Investments in Water and Sewer” funded with the American Rescue Plan Act (ARPA) of 2021 Funds. The project was advertised for bidding on October 13, 2023, and bids were opened on November 7, 2023. Staff recommends approving the plans and specifications for the CCTV of Sanitary Sewer, and awarding the project to National Plant Services, Inc, the apparent low bidder, in the amount of $547,512.02 (Bid Items 1-14).

BACKGROUND:

The City has utilized closed circuit television (CCTV) for pipeline video inspection in the evaluation/assessment of existing underground pipelines ever since the technology became available. Video inspection assists staff in evaluating the condition of an existing pipeline, and helps to properly determine the scope, scale, and cost estimate of any needed repairs and/or rehabilitation work. The CCTV of sanitary sewer pipes is currently mandated by the State in accordance with the Sanitary Sewer Management Plan (2019).

The scope of work for the CCTV project includes high pressure water cleaning of sewer lines, management and proper disposal of debris removed from sewers, sewer line and manhole CCTV Page | 2
inspections, traffic control, and development of a GIS report on predetermined reporting standards.

The CCTV work is generally located in the east Salinas area (see attached location map). The total pipeline length is approximately 172,174 feet (32.6 miles), with pipe diameter varying between 6 inches to 18 inches. The locations were selected due to persistent maintenance problems and located an older part of the City.

On October 13, 2023, the CCTV project was advertised for bidding, and bids were opened on November 7, 2023, with the following results (see attached Bid Tabulation Sheet for details):

Contractor Total Bid
(Items 1-14)
National Plant Services, Inc. (Long Beach, CA) $547,512.02 APS Environmental, Inc. (North Highlands, CA) $612,125.52 Pro-Pipe, Inc. (Irvine, CA) $866,067.80
Pipe & Plant Solutions, Inc. (San Leandro, CA) $979,397.00 Engineer’s Estimate $677,750.25
National Plant Services, Inc. (NPS) is the apparent low bidder. NPS’s bid is 19.22% below the engineer’s estimate. Staff has conducted reference checks on NPS from the City of Monterey, City of Mountain View, and Crescent City, and all these agencies have very positive reviews regarding NPS on their work performance. Therefore, staff recommends awarding the project to National Plant Services, Inc, the apparent low bidder, in the amount of $547,512.02.

The “Local Purchasing Preference Ordinance” is not applicable to this project because the project is funded with ARPA funds.

CEQA CONSIDERATION:

This project has been reviewed per the California Environmental Quality Act (CEQA) Guidelines and has been determined to be Categorically Exempt in accordance with Section 15301 (Class 1) because the project involves the maintenance of existing public facilities/utilities with no expansion of use.

STRATEGIC PLAN INITIATIVE:

The project addresses the City Council’s Strategic Goals of Infrastructure and Environmental Sustainability, and Economic Development.

DEPARTMENTAL COORDINATION:

The process of administering this project involves Public Works, Finance, and Legal Departments.

Public Works Department coordinated the preparation of the project plans, specifications, and estimates and also administered the bidding/advertisement process, and will manage/perform contract administration, and inspection of this project during construction. Finance Department manages the proper disbursement of funds, and Legal Department reviews pertinent documents/contracts to ensure compliance with applicable laws and regulations. Thus, staff from these Departments are involved with the development and execution of this project.

Page | 3
FISCAL AND SUSTAINABILITY IMPACT:

There is no impact to the General Fund for this project. The CCTV project is one of the identified projects listed as part of the “Investments in Water and Sewer” funded with the American Rescue Plan Act (ARPA) of 2021 Funds. The Water and Sewer Work has a total budget allocation of $4,620,000 in ARPA funds. The estimated construction cost for this project including inspection and contingencies is $734,362. Below is a summary of the projected costs. Funding is available and appropriated in 3911.50.8190.

Construction Cost (NPS Bid) $ 547,512.00
Contingencies (15%) $ 82,100.00
Inspection (10%) $ 54,750.00
Administrative Overhead $ 50,000.00
Total Estimated Project Costs $ 734,362.00
ATTACHMENTS:

Resolution
Location Map
Bid Tabulations

RESOLUTION NO. (N.C.S.)

A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING

BID AWARD AND EXECUTION OF CONTRACT TO NATIONAL PLANT SERVICES, INC. FOR THE CCTV OF SANITARY SEWER IN THE AMOUNT OF $547,512.02 WHEREAS, the CCTV of Sanitary Sewer is one of the identified projects listed as part of the “Investments in Water and Sewer” funded with the American Rescue Plan Act (ARPA) of 2021 Funds (Fund Number 3911.50.8190); and
WHEREAS, on October 13, 2023, the CCTV of Sanitary Sewer was advertised for bidding; and
WHEREAS, representatives of the City Clerk of Salinas on November 7, 2023, at a public meeting held virtually via Zoom, publicly opened, examined, and declared all bids or proposals received via PlanetBids, an electronic bid advertisement website for the CCTV of Sanitary Sewer in accordance with the plans and specifications for such work on file in the office of the City Clerk; and
WHEREAS, the lowest bidder, National Plant Services, Inc., submitted a bid that is

19.22% below the engineering estimate; and
WHEREAS, reference checks on National Plant Services, Inc. from other agencies have positive reviews regarding National Plant Services, Inc. on their work performance; and WHEREAS, City staff thereupon reported the results of the bidding to the City Council at its regular meeting on December 5, 2023, and the Council in open session at said meeting examined the report of staff.

NOW, THEREFORE, BE IT RESOLVED that pursuant to Salinas Municipal Code Section 12-21, in reference to the CCTV of Sanitary Sewer, that all of said bids or proposals are rejected except the bid of National Plant Services, Inc., (hereinafter referred to as “Successful Bidder”), being the lowest and best bid which is hereby accepted. The subject contract is hereby awarded to said Successful Bidder for the sum of $547,512.02 (Bid Items 1-14), and more specifically at the unit prices particularly set forth and contained in the Proposal for the CCTV of Sanitary Sewer, of said Successful Bidder previously filed in the office of the City Clerk on November 7, 2023. Said sum shall be paid by the City of Salinas to said Successful Bidder in cash, lawful money of the United States of America, payable at the time and in the manner specified in the plans and specifications and contract documents for the project filed in the office of the City Clerk, entitled “CCTV of Sanitary Sewer”; and
BE IT FURTHER RESOLVED that said plans and specifications are hereby accepted and adopted for said work and are also referred to for all of the details and particulars thereof, and said plans and specifications are by reference incorporated in an amount not to exceed $734,362, and hereby made a part of this resolution, and this includes a 15% contingency in the amount of $82,100 is approved; and
BE IT FURTHER RESOLVED that the Mayor of Salinas is hereby authorized and

directed on behalf of the City of Salinas to execute a contract consistent with the Proposal of said Successful Bidder for said work.

PASSED AND APPROVED this 5th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk

LOCATION MAP
CCTV of Sanitary Sewer; CIP 9010
BID TABULATION
CCTV of Sanitary Sewer; Project No. 9010
Item # Item Description Unit of Measure Quantity Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total 1 Mobilization/Demobilization LS 1 $15,000.00  $15,000.00  $8,890.00  $8,890.00  $65,000.00  $65,000.00  $7,894.80  $7,894.80  $39,000.00  $39,000.00 2 CCTV 6" Diameter Sewer LF 107,343 $3.35  $359,599.05  $1.18  $126,664.74  $1.49  $159,941.07  $2.36  $253,329.48  $2.00  $214,686.00 3 Clean 6" Diameter Sewer LF 107,343 $0.00  $1.36  $145,986.48  $1.49  $159,941.07  $2.16  $231,860.88  $2.00  $214,686.00 4 CCTV 8" Diameter Sewer LF 40,543 $3.45  $139,873.35  $0.91  $36,894.13  $1.49  $60,409.07  $2.36  $95,681.48  $3.00  $121,629.00 5 Clean 8" Diameter Sewer LF 40,543 $0.00  $0.95  $38,515.85  $1.49  $60,409.07  $2.16  $87,572.88  $3.00  $121,629.00 6 CCTV 10" Diameter Sewer LF 11,662 $3.50  $40,817.00  $1.07  $12,478.34  $1.49  $17,376.38  $2.38  $27,755.56  $4.00  $46,648.00 7 Clean 10" Diameter Sewer LF 11,662 $0.00  $1.12  $13,061.44  $1.49  $17,376.38  $2.18  $25,423.16  $4.00  $46,648.00 8 CCTV 12" Diameter Sewer LF 5,356 $3.60  $19,281.60  $1.72  $9,212.32  $1.49  $7,980.44  $2.37  $12,693.72  $4.00  $21,424.00 9 Clean 12" Diameter Sewer LF 5,356 $0.00  $1.77  $9,480.12  $1.49  $7,980.44  $2.19  $11,729.64  $4.00  $21,424.00 10 CCTV 15" Diameter Sewer LF 5,463 $3.75  $20,486.25  $1.89  $10,325.07  $1.49  $8,139.87  $2.37  $12,947.31  $4.00  $21,852.00 11 Clean 15" Diameter Sewer LF 5,463 $0.00  $1.95  $10,652.85  $1.49  $8,139.87  $2.19  $11,963.97  $4.00  $21,852.00 12 CCTV 18" Diameter Sewer LF 1,807 $4.00  $7,228.00  $3.09  $5,583.63  $1.49  $2,692.43  $2.37  $4,282.59  $5.00  $9,035.00 13 Clean 18" Diameter Sewer LF 1,807 $0.00  $3.15  $5,692.05  $1.49  $2,692.43  $2.19  $3,957.33  $5.00  $9,035.00 14 Inspect Sewer Manhole EA 351 $215.00  $75,465.00  $325.00  $114,075.00  $97.00  $34,047.00  $225.00  $78,975.00  $199.00  $69,849.00 $677,750.25  $547,512.02  $612,125.52  $866,067.80  $979,397.00 916‐348‐2800
Pro‐Pipe, Inc.
47 Discovery, Suite 250
Irvine, CA 92618
800‐784‐7473
National Plant Services, Inc.
1461 Harbor Avenue
Long Beach, CA 90813
562‐436‐7600
Bid awarded on __________ by Salinas City Council by Resolution No.____________ (NCS) to ____________ for the sum of $_____________ for Items 1‐14. All other bids were rejected and bid bonds returned.Dated this ___ day of_____, 2023. _____________________________________________City Clerk Bid Opening: 11/07/2023 @ 2:00 PM, Electronic
Project Coordinator: Josie Lantaca  Pipe & Plant Solutions, Inc.

San Leandro, CA 94030
888‐978‐8264
600 Castro Street
PROPOSAL ITEMS:

Engineer's Estimate
Total Bid (Items 1‐14)(For Comparison Only)
APS Environmental Inc
6643 32nd Street, Suite 101
North Highlands, CA 95660
(Included Above)
(Included Above)
(Included Above)
(Included Above)
(Included Above)
(Included Above)
1 of 2 J:\p\9010 SS CCTV\Bid Docs\9010 Bid Tab
BID TABULATION
CCTV of Sanitary Sewer; Project No. 9010
916‐348‐2800
Pro‐Pipe, Inc.
47 Discovery, Suite 250
Irvine, CA 92618
800‐784‐7473
National Plant Services, Inc.
1461 Harbor Avenue
Long Beach, CA 90813
562‐436‐7600
Bid Opening: 11/07/2023 @ 2:00 PM, Electronic
Project Coordinator: Josie Lantaca  Pipe & Plant Solutions, Inc.

San Leandro, CA 94030
888‐978‐8264
600 Castro Street
Engineer's Estimate
APS Environmental Inc
6643 32nd Street, Suite 101
North Highlands, CA 95660

7.   Equal Employment Opportunity Certification13. Debarment and Suspension Certification

YES YES YESYES YES YES

YES YES

16. Bidder’s Statement of Subcontractors Part 2 YES YES YES 19. Non‐Collusion Affidavit of Subcontractor YES12. Non‐Collusion Affidavit YES YES YES14. Non‐Lobbying Certification for Federal‐Aid Contracts YES YES YES10. Public Contract Code Section 10232 Statement YES YES YES11. Contractor’s Certification of Non‐Segregated FacilitiesITEMS TO BE SUBMITTED WITH PROPOSAL ON BID OPENING DATE:5.   Insurance Certification YES YES YES

YESYESYES

YESYESYES

2.   Addendum 1 Attached but not signed YES YES4.   Bidder’s Statement of Financial Responsibility Technical Ability and Experience YES

3.   Bidder's Bond  YES
YES

6.   Bidder’s Statement of Subcontractors – Part 1 YES YES YES

YES YES
YESYES

17. Bidder’s List for the City of Salinas Public Works Department YESITEMS TO BE SUBMITTED BY LOWEST BIDDER AND SECOND LOWEST BIDDER WITHIN 5 WORKING DAYS AFTER YES

15. Disclosure of Lobbying Activities YES
YES

8.   Public Contract Code Section 10285.1 Statement YES YES YES9.   Public Contract Code Section 10162 Questionnaire YES

YESYESYESYESYESYESYESYESYESYESYESYESYES

1.   Fully Completed & Signed Proposal Form YES

YES YES YES

18. Contractor Data Universal Numbering System (D‐U‐N‐S) Number YES YES YES

YESYESYESYESYESYESYES

20. Exhibit 15‐G Local Agency Bidder DBE Commitment (Construction Contracts)21. Exhibit 15‐H Local Agency Bidder – DBE Good Faith Efforts YESYES
YESYES
YESYES
2 of 2 J:\p\9010 SS CCTV\Bid Docs\9010 Bid Tab
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-727, Version: 1
ShotSpotter Gunfire Location, Alert and Analysis Service Approve a Resolution authorizing the Interim City Manager to execute an agreement with SoundThinking, Inc. (ShotSpotter) for a one-year subscription from December 14, 2023 through December 13, 2024 in an amount not to exceed $490,000.

City of Salinas Page 1 of 1 Printed on 11/30/2023
powered by Legistar™
Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: DECEMBER 5, 2023
DEPARTMENT: SALINAS POLICE DEPARTMENT
FROM: ROBERTO FILICE, CHIEF OF POLICE
BY: TONYA ERICKSON, POLICE SERVICES ADMINISTRATOR
TITLE: PAYMENT FOR SUBSCRIPTION-BASED SHOTSPOTTER

GUNFIRE LOCATION, ALERT AND ANALYSIS SERVICE
RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the City Manager to execute an agreement with SoundThinking, Inc. (ShotSpotter) for a one-year subscription from December 14, 2023 through December 13, 2024 in an amount not to exceed $490,000.

RECOMMENDATION:

Staff recommends that City Council approve a Resolution approving a one-year subscription agreement and authorizing payment of $490,000 for Annual Subscription of the ShotSpotter Gunfire Location, Alert and Analysis Service, per the terms and conditions of the existing Agreement, to cover the period December 14, 2023 through December 13, 2024.

EXECUTIVE SUMMARY:

On August 31, 2016, the City of Salinas received $5.5 million from the State of California to go directly toward anti-gang and violence prevention efforts, with $1.5 million dedicated to three years of subscription services for ShotSpotter, as well as the purchase of necessary equipment and payment of associated implementation costs. City Council accepted the funds and authorized the execution of the initial Agreement with ShotSpotter on August 30, 2016. The initial three-year subscription ended December 13, 2019, and on February 25, 2020, the City Council allocated additional funding and approved a new subscription agreement with ShotSpotter to continue services through December 13, 2020. The funds for ShotSpotter were included in the Police Department’s subsequent annual budgets, and City Council approved payments to continue services on November 17, 2020, December 7, 2021, and November 15, 2022. Funding for the ShotSpotter service was approved by City Council as part of the Police Department’s FY 2023-24 Budget, and staff is now requesting approval of payment for the Annual Subscription Services for the period December 14, 2023, through December 13, 2024, under the terms and conditions of the existing agreement.

Page | 2
BACKGROUND:

ShotSpotter Flex helps law enforcement agencies by directing police officers to the precise location of gunfire incidents within seconds of the shots being fired. ShotSpotter uses acoustic sensors placed throughout the city to identify when and where gunfire occurs. There is no video component and ShotSpotter sensors cannot record voices. The sensors are deployed to cover those areas of Salinas where gunfire is most likely to occur, based on data collection. ShotSpotter is currently used in more than 100 cities worldwide.

The goal of ShotSpotter is to reduce gun violence and save lives. The information and data gathered assists law enforcement in solving crimes and in prosecuting those individuals responsible for gun violence in the community. Most recent available data shows that in 2019, there were 252 ShotSpotter alerts, with only 7.9% of alerts having a matching call for service within 3 minutes and 300 feet of the shooting location. In 2020, there were 275 ShotSpotter alerts, with only 6.1% having a matching call for service. While it remains critical for the community to call 911, the location of the gunfire can sometimes be difficult for callers to identify. Additionally, the community may be reluctant to report gunfire or a potential crime for a variety of reasons, including fear of getting involved. With the ShotSpotter service, an alert is issued within approximately 60 seconds and the alert provides a location which is accurate to within 100-feet without the need for a resident’s report or call for service. This fast and accurate alert system allows the Police Department to respond immediately to the scene to locate and provide aid to potential victims.

The Police Department is working to obtain an updated data analysis related to ShotSpotter alerts and corresponding calls for service but have been challenged due to data system changes, including the implementation of a new Records Management System (RMS) within the last two years. We anticipate receiving this data analysis in the coming months. The Department is also working to add a label to our RMS to more easily identify cases for which ShotSpotter was an integral part of the investigation, and to more easily identify specific cases utilizing ShotSpotter. We have significant anecdotal evidence, and below are four recent examples of ShotSpotter activations and the associated activity.

1. In November 2022, Officers responded to a ShotSpotter activation of three rounds, followed by seven rounds. A witness stated a passenger from a white SUV shot at someone and fled the area. An Officer checked Flock and located a white SUV in the area one minute after the shooting.

2. In February 2023, Officers responded to a location for three separate ShotSpotter activations within 23 seconds. The first activation was nine rounds, the second 14 rounds, and the last four rounds. A witness reported seeing a white car leaving at a high rate of speed. Officers arrived and found a victim, suffering from multiple gunshot wounds and he was able to verify the shooter came from a white car. The victim was transported to NMC for treatment. Surveillance video showed the suspect enter a white car and flee after the shooting. Patrol conducted an extensive canvass and located more than 20 .45 caliber casings in the area.

3. In March 2023, a ShotSpotter activation indicating 15 rounds led officers to respond to the scene where they located 15 9mm casings in the middle of the roadway. A Flock Page | 3
LPR search revealed only one vehicle that had been captured in the area at the time of the shooting. An Officer parked nearby and located the vehicle traveling westbound and followed the vehicle until it stopped, and a high-risk traffic stop was conducted. The Flock hit photo shows the driver-side rear passenger window rolled down and what appeared to be a person in the seat at the time of the shooting.

4. In June 2023, a ShotSpotter activation indicated one round detected. Officers arrived at the scene and were approached by victims who had arrived at the residence after going out to a party. As they arrived, they met with an unknown suspect to purchase cocaine.

An argument ensued over the quality of the drugs and both victims were assaulted. One of the victims claimed he was shot at. A single 9mm was found. Both victims had facial injuries, and after being treated, it was determined the injuries they sustained were not gunshot wounds. ShotSpotter was notified of the findings.

Funding for the ShotSpotter service was approved by City Council as part of the Police Department’s FY 2023-24 Budget, including the cost increase. Staff is now requesting approval to make the $490,000 payment for the Annual Subscription Services to cover the period December 14, 2023, through December 13, 2024. Terms and conditions of the existing Agreement shall apply. ShotSpotter is in Newark, California and there are no local vendors for this service.

POLICE COMMUNITY ADVISORY COMMITTEE:

The Police Chief discussed the ShotSpotter renewal during Chief’s Report to the Police Community Advisory Committee on October 25, 2023. The Committee had no questions.

CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

The proposed resolution will support the City Council’s Strategic Plan Goal of Public Safety.

DEPARTMENTAL COORDINATION:

The Police Department will coordinate with the Finance Dept. during the purchasing process.

FISCAL AND SUSTAINABILITY IMPACT:

Funding is available and appropriated in 1000.40.4130-63.4980.

ATTACHMENTS:

Resolution
ShotSpotter Renewal Quote
ShotSpotter Services Agreement
RESOLUTION NO. (N.C.S.)

RESOLUTION AUTHORIZING PAYMENT FOR SUBSCRIPTION-BASED

SHOTSPOTTER GUNFIRE LOCATION, ALERT AND ANALYSIS SERVICE WHEREAS, ShotSpotter Flex helps law enforcement agencies by directing police officers to the precise location of gunfire incidents within seconds of the shots being fired by using acoustic sensors placed throughout the city to identify when and where gunfire occurs; and WHEREAS, the City of Salinas originally entered into an agreement with ShotSpotter Flex on August 31, 2016 for the purchase of the subscription-based service and a three-year subscription; and
WHEREAS, the City of Salinas approved a new Agreement with ShotSpotter on February 25, 2020, and has since approved annual renewal payments for service through December 13, 2023; and
WHEREAS, the Salinas Police Department desires to maintain the ShotSpotter subscription-based services under the terms and conditions of the existing Agreement, with funds already approved as part of the Department’s FY 2023-24 budget.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the City Manager to execute a one-year Subscription Services Agreement from December 14, 2023 through December 13, 2024 in an amount not to exceed $490,000.

PASSED AND APPROVED this 5
th day of December, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
______________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
SoundThinking, Inc. DATE 8/10/2023
39300 Civic Center Dr., Suite 300 Quote # SALINPD081023 Fremont, CA 94538-2337 Customer ID Salinas PD
Phone: 888.274.6877 Fax: 650.887.2106
Quote For: Quote valid until: 12/13/2023
Commander James Arensdorf Prepared by: S Carpenter
Salinas Police Department
222 Lincoln Avenue
Salinas, CA 93901
Comments or Special Instructions:

Terri Greene Net 30
QUANTITY (mi²) UNIT PRICE
(per mi²) TAXABLE? AMOUNT

7.0 $70,000 $490,000
SUBTOTAL $490,000

TAX RATE

SALES TAX -

OTHER -
TOTAL $490,000
Please indicate your acceptance of this quote by issuing a Purchase Order referencing the Quote # above.

SoundThinking will issue an invoice once we receive the PO.

If you have any questions concerning this Quote, please contact Karen Isotalo - Vice President, Sales Operations at 510.298.8668 or [email protected] Quote
Renewal of Annual ShotSpotter (formerly Respond) Subscription Services for an additional one-year term (December 14, 2023 through December 13, 2024) for the 7.0 mi² coverage area. The proposed services will be delivered according to the terms and conditions contained in the Flex Services Agreement dated August 31, 2016, which is incorporated herein by reference.

DESCRIPTION
SALES DIRECTOR: TERMS:

Annual ShotSpotter Subscription
Services for 12/14/2023 through
12/13/2024.

Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States SOUNDTHINKING™ MASTER SERVICES AGREEMENT
SoundThinking, Inc.
39300 Civic Center Dr., Ste. 300
Fremont, CA 94538
+1.888.274.6877
[email protected]
www.soundthinking.com

MASTER SERVICES AGREEMENT
Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States Contents

1. EXHIBITS.......................................................................................................................................1

2. DEFINITIONS................................................................................................................................1

3. SUBSCRIPTION SERVICES......................................................................................................2

4. INITIAL TERM AND RENEWAL................................................................................................2

5. LICENSE AND OWNERSHIP.....................................................................................................3

6. CONFIDENTIALITY AND PROPRIETARY RIGHTS..............................................................6

7. LIMITED WARRANTIES .............................................................................................................7

8. CUSTOMER OBLIGATIONS......................................................................................................8

9. INTELLECTUAL PROPERTY INFRINGEMENT.....................................................................9

10. INDEMNIFICATION AND LIMITATION OF LIABILITY .......................................................10

11. DEFAULT AND TERMINATON; REMEDIES........................................................................11

12. TAXES..........................................................................................................................................11

13. NOTICES......................................................................................................................................11

14. FORCE MAJEURE.....................................................................................................................12

15. ENTIRE AGREEMENT ..............................................................................................................12

16. GOVERNING LAW.....................................................................................................................12

17. NO WAIVER ................................................................................................................................12

18. SEVERABILITY ..........................................................................................................................13

19. DISPUTE RESOLUTION...........................................................................................................13

20. ASSIGNMENT.............................................................................................................................13

21. COMPLIANCE WITH LAWS ....................................................................................................13

22. EQUAL EMPLOYMENT OPPORTUNITY ..............................................................................13

23. GENERAL PROVISIONS..........................................................................................................14 EXHIBIT A – SOUNDTHINKING PROPOSAL .....................................................................................1 ADDENDUM ONE – SHOTSPOTTER SUPPLEMENTAL TERMS ..................................................1 MASTER SERVICES AGREEMENT ǀ Page 1 of 15
Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States This Master Services Agreement (this “Agreement”) is entered into by and between SoundThinking™, Inc. (referred to herein as “SoundThinking”), with offices located at 39300 Civic Center Dr., Suite 300, Fremont, CA 94538, and the City of Salinas (hereinafter referred to as “Customer”), with offices located at 200 Lincon Avenue, Salinas, CA 93901, effective as of the last date of signature herein. SoundThinking and Customer may also be referred to in this Agreement individually as a “Party” or collectively as the “Parties”.

This Agreement and its exhibits define the deliverables, implementation, and support services for the SoundThinking Subscription Services to be provided under this Agreement and identified in SoundThinking’s Quotation attached hereto as Exhibit A.

In consideration of the Parties’ mutual covenants and promises set forth in this Agreement, the Parties agree as follows:

1. EXHIBITS
The following exhibits (“Exhibits”) and Addenda are attached to, and incorporated in this Agreement:

A. Exhibit A SoundThinking Quotation #SALINPD081023
B. Addendum One ShotSpotter® Supplemental Terms

2. DEFINITIONS
All capitalized terms not otherwise defined in this Agreement shall have the meanings set forth below:

A. Insight means the internet portal to which Customer will have access to Reviewed Alerts with respect to the ShotSpotter® Gunshot Detection, Location, and Forensics System.

B. CaseBuilder™, CaseBuilder™ Subscription Services, CaseBuilder™ Software, or CaseBuilder™ System means the SoundThinking case management software.

C. CaseBuilder™ǀCrime Gun, CaseBuilder™ǀCrime Gun Subscription Services, CaseBuilder™ǀCrime Gun Software, or CaseBuilder™ǀCrime Gun System means SoundThinking’s gun crime tracking and analysis case management tool.

D. Confidential Information means that information designated by either Party as confidential or proprietary as further defined in Section 6 of this Agreement.

E. CrimeTracer™, CrimeTracer™ Subscription Services, CrimeTracer™ Software, or CrimeTracer™ System means the SoundThinking law enforcement search engine and information platform which enables customers to search data from agencies across the U.S.

F. Coverage Area means the area in square miles covered by the ShotSpotter® Subscription Services as set forth in Exhibit A and any increase to the Coverage Area as agreed to in writing between the Parties.

G. ResourceRouter™, ResourceRouter™ Subscription Services, ResourceRouter™ Software, or ResourceRouter™ System means the SoundThinking crime forecasting and patrol/task force management system.

MASTER SERVICES AGREEMENT ǀ Page 2 of 15
Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States H. SafePointe™, SafePointe™ Subscription Services, SafePointe™ Software, or SafePointe™ System means, the SoundThinking weapons detection system I. SafePointe Hardware means the SoundThinking owned sensors, cameras, servers, and networking equipment.

J. SafePointe Data means the images and video collected by the SafePointe Subscription Services, magnetic signatures, and motion data.

K. ShotSpotter®, ShotSpotter® System, ShotSpotter® Software, or ShotSpotter® Subscription Services means the ShotSpotter® Gunshot Detection, Location, and Forensic Analysis Service.

L. ShotSpotter Data means the data, information, and electronic files created, generated, modified, compiled, displayed, stored or kept in the course of providing the ShotSpotter Subscription Services, including, without limitation, information in Reviewed Alerts accessible through the ShotSpotter Subscription Services and/or Software.

M. Software or SoundThinking Software means collectively the SoundThinking applications identified in Exhibit A and the Addenda to this Agreement to which Customer will have access under this Agreement on a subscription basis. The term Software shall also mean any new applications supplemental to the Subscription Services provided by SoundThinking to Customer subsequent to the execution date of this Agreement, and if purchased by Customer, the SoundThinking API Subscription License.

N. Subscription Services or SoundThinking Subscription Services means collectively the services provided to Customer on a subscription basis under this Agreement to access, and SoundThinking’s maintenance of, the Software.

O. System means collectively the Software and Subscription Services provided under this Agreement.

3. SUBSCRIPTION SERVICES
A. SoundThinking will implement the applicable Subscription Services set forth in Exhibit A and the Addenda to this Agreement.

4. INITIAL TERM AND RENEWAL
The initial term of the Subscription Services under this Agreement shall commence on December 14, 2023 and end December 13, 2024.

The Subscription Services may be renewed for successive periods of one year each (or multiple years as mutually agreed upon in writing by the Parties), in accordance with the following procedure. SoundThinking shall provide Customer with a renewal notice stating the renewal fees, terms, and conditions for the next successive renewal term approximately ninety (90) days prior to the expiration date of the then current term. Customer acknowledges that the Subscription Services fees, terms and conditions, and service levels hereunder are subject to change and that such fees, terms and conditions, and service levels may vary MASTER SERVICES AGREEMENT ǀ Page 3 of 15
Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States from those applicable to this Agreement in successive renewal terms. Annual Subscription fees are subject to increase at a rate of 5% for Customers whose annual subscription fee is less than the current SoundThinking list price.

If Customer fails to renew prior to expiration of the then current subscription term, the Subscription Services will terminate in accordance with Section 5.C and the Customer’s access to the Subscription Services will be disabled.

5. LICENSE AND OWNERSHIP
In consideration for and subject to the payment of the annual Subscription Services fees as set forth in Exhibit A, Customer is granted a non-transferrable, non-exclusive and terminable license (“License”) to use the applicable SoundThinking Subscription Services, and ShotSpotter® Data for the Customer’s own internal purposes and, if applicable, permitting citizens to access the public facing components of the relevant Subscription Services as set forth in this Section 5 and the Addenda to this Agreement. Please read the terms and conditions of this Agreement carefully. By using any SoundThinking Subscription Services, you agree to be bound by the terms and conditions of this Agreement and its Addenda. If you do not agree to these terms, you must notify SoundThinking and discontinue any use of the SoundThinking Subscription Services.

A. License and Restrictions.

Software and Subscription Services. The Software is the proprietary product of SoundThinking, licensed to Customer on an annual subscription basis. The SoundThinking Software may incorporate components supplied to SoundThinking under license by third-party suppliers, and may be protected by United States patent, trade secret, copyright law and international treaty provisions.

All such rights in and to the Software and Subscription Services any part thereof is the property of SoundThinking or, if applicable, its suppliers. All right and title to the SoundThinking computer programs, including, but not limited to related documentation, technology, know-how and processes embodied in or made available to Customer in connection with the Subscription Services, patent rights, copyrights, trade secret rights, trademarks, and services marks remain with SoundThinking. Customer may not make any copies of the written materials or documentation that accompany any component of the Software, or use them, or any other information concerning the Subscription Services that SoundThinking has designated as confidential, for any purpose other than bona fide use of the Subscription Services or Software for in accordance with the terms of this Agreement, nor allow anyone else to do so. Customer shall not: (i) modify, adapt, alter, translate, copy, perform, or display (publicly or otherwise) or create compilations, derivative, new, or other works based, in whole or in part, on the Software, or on the Subscription Services; (ii) merge, combine, integrate, or bundle the Software, in whole or in part, with other software, hardware, data, devices, systems, technologies, products, services, functions, or capabilities; (iii) transfer, distribute, make available the Subscription Services, or Software to any person other than Customer; or (iv) sell, resell, sublicense, lease, rent, or loan the Subscription Services or Software, in whole or in part. No component of the Subscription Services, or Software may be used to operate a service bureau, rental or time-sharing arrangement.

MASTER SERVICES AGREEMENT ǀ Page 4 of 15
Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States Nothing in this Agreement shall be construed as granting any right or title to any SoundThinking Software, the ShotSpotter Data, or any component thereof, or any other intellectual property of SoundThinking or its suppliers to Customer.

Customer shall not alter, remove or obscure any copyright, patent, trademarks, confidential, proprietary, or restrictive notices or markings on any component of the Subscription Services, Software or any documentation.

Use, duplication, or disclosure by applicable U.S. government agencies is subject to restrictions as set forth in in the provisions of DFARS 48 CFR 252.227-7013 or FAR 48 CFR 52.227-14, as applicable.

B. Export.

Customer acknowledges that the ShotSpotter System has been determined by the United States Department of State to be a controlled commodity, software and/or technology subject to the United States Export Administration Regulations of the U.S. Department of Commerce. Customer is specifically prohibited from the export, or re-export, transfer, consignment, shipment, delivery, downloading, uploading, or transmitting in any form, any ShotSpotter Software, ShotSpotter Subscription Services, ShotSpotter Data, documentation, or any component thereof or underlying information or technology related thereto, to any third party, government, or country for any end uses except in strict compliance with applicable U.S. export controls laws, and only with the express prior written agreement of SoundThinking. In the event that such written agreement is provided, Customer shall be responsible for complying with all applicable export laws and regulations of the United States and destination country, including, but not limited to the United States Export Administration Regulations of the U.S. Department of Commerce, including the sanctions laws administered by the U.S. Department of Treasury, Office of Foreign Assets Control (OFAC), the U.S. Anti-Boycott regulations, and any applicable laws of Customer’s country. In this respect, no resale, transfer, or re-export of the ShotSpotter System or any ShotSpotter System component exported to Customer pursuant to a license from the U.S. Department of Commerce may be resold, transferred, or reported without prior authorization by the U.S. Government. Customer agrees not to export, re-export or engage in any “deemed export,” or to transfer or deliver, or to disclose or furnish, to any foreign (non- U.S.) government, foreign (non-U.S.) person or third party, or to any U.S. person or entity, any of the ShotSpotter System, or ShotSpotter System components, Data, Software, Services, or any technical data or output data or direct data product thereof, or any service related thereto, in violation of any such restrictions, laws or regulations, or without all necessary registrations, licenses and or approvals. Customer shall bear all expenses relating to any necessary registrations, licenses or approvals.

In addition to the restrictions and requirements set forth above, the Customer shall not export, or re-export, transfer, consign, ship, deliver, download, upload, or transmit in any form, the CaseBuilder, CaseBuilder|Crime Gun, CrimeTracer, ResourceRouter, or SafePointe Subscription Services, the Software, documentation, or any component thereof, or underlying information or technology related thereto to any third party, government, or country for any end uses except in strict compliance with applicable U.S. export controls laws, and only with the express prior written agreement of SoundThinking. In the event that such written agreement is provided, Customer shall be responsible for complying with all applicable export laws and regulations of the United States MASTER SERVICES AGREEMENT ǀ Page 5 of 15
Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States and destination country, including, but not limited to the United States Export Administration Regulations of the U.S. Department of Commerce, including the sanctions laws administered by the U.S. Department of Treasury, Office of Foreign Assets Control (OFAC), the U.S. Anti-Boycott regulations, and any applicable laws of the import country.

In addition to the foregoing, Customer shall not disclose, discuss, download, ship, transfer, deliver, furnish, or otherwise export or re-export any such item(s) to or through: (a) any person or entity on the U.S Department of Commerce Bureau of Industry and Security’s List of Denied Persons or Bureau of Export Administration’s anti-proliferation Entity List; (b) any person on the U.S.

Department of State’s List of Debarred Parties; (c) any person or entity on the U.S. Treasury Department Office of Foreign Asset Control’s List of Specially Designated Nationals and Blocked Persons; or (d) any third party or for any end-use prohibited by law or regulation, as any and all of the same may be amended from time to time, or any successor thereto.

C. Termination.

Customer agrees that its right to use any of the applicable Subscription Services, or Software, provided hereunder, including ShotSpotter Data, will terminate following thirty (30) day’s prior written notice due to a material breach of the terms of this Agreement, including failure to pay any sums to SoundThinking when due, or failure to renew the applicable Subscription Services prior to expiration of the then current subscription term unless such breach has been cured within said thirty (30) day period. In the event of a breach of SoundThinking’s intellectual property rights, SoundThinking at its sole discretion may terminate this Agreement immediately upon written notice to Customer. In the event of termination for any reason, Customer’s access to the applicable Subscription Services and Software will terminate and be disabled. Customer agrees that SoundThinking shall not be liable to Customer nor to any third party for any suspension of the Subscription Services resulting from Customer’s nonpayment of the Subscription Services fees as described in this section.

D. Modification to, or Discontinuation of the Subscription Services.

Upon reasonable notice to Customer, SoundThinking reserves the right at its discretion to modify, temporarily or permanently, the Subscription Services (or any part thereof). In the event that SoundThinking modifies the Subscription Services in a manner which removes or disables a feature or functionality on which Customer materially relies, SoundThinking, at Customer’s request, shall use commercially reasonable efforts to restore such functionality to Customer. In the event that SoundThinking is unable to substantially restore such functionality, Customer shall have the right to terminate the Agreement and receive a pro-rata refund of the annual Subscription Services fees paid under the Agreement for the subscription term in which this Agreement is terminated.

Customer acknowledges that SoundThinking reserves the right to discontinue offering the Subscription Services at the conclusion of Customer’s then current term. Customer agrees that SoundThinking shall not be liable to Customer or to any third party for any modification of the Subscription Services as described in this section.

MASTER SERVICES AGREEMENT ǀ Page 6 of 15
Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States E. New Applications.

From time to time, at SoundThinking’s discretion, SoundThinking may release to its customer base, new applications supplemental to the Subscription Services. Customer’s use of such new applications shall be subject to the license, warranty, intellectual property, and support terms of this Agreement. Prior to general release, SoundThinking may request Customer to act as a pre-release test site for new applications, or major upgrades. Provided that Customer agrees in writing to such request, SoundThinking will provide a pre-release package explaining the details and requirements for Customer’s participation.

F. No Use by Third Parties.

Except as otherwise expressly set forth in this Agreement, use by anyone other than Customer of the Subscription Services, Software, documentation, or ShotSpotter Data is prohibited, unless pursuant to a valid assignment of this Agreement as set forth in Section 20 of this Agreement.

6. CONFIDENTIALITY AND PROPRIETARY RIGHTS
A. SoundThinking Confidential Information.

Customer acknowledges and agrees that the source code, technology, and internal structure of the SoundThinking Software, ShotSpotter Data, and SoundThinking Subscription Services, as well as documentation, operations manual(s) and training material(s), are the confidential information and proprietary trade secrets of SoundThinking, the value of which would be destroyed by disclosure to the public. Use by anyone other than Customer of the Subscription Services, documentation, and ShotSpotter Data is prohibited, unless pursuant to a valid assignment under this Agreement.

Unless prohibited by applicable law, the terms and conditions of this Agreement, including pricing and payment terms shall also be treated as SoundThinking’s confidential information. Customer shall not disassemble, decompile, or otherwise reverse engineer or attempt to reconstruct, derive, or discover any source code, underlying ideas, algorithms, formulae, routines, file formats, data structures, programming, routines, interoperability interfaces, drawings, or plans from the Software, or any data or information created, compiled, displayed, or accessible through the Subscription Services, in whole or in part. Customer agrees during the term of this Agreement, and thereafter, to hold the confidential information and proprietary trade secrets of SoundThinking in strict confidence and to not permit any person or entity to obtain access to it except as required for the Customer’s exercise of the license rights granted under this Agreement. Nothing in this Agreement is intended to or shall limit any rights or remedies under applicable law relating to trade secrets, including the Uniform Trade Secrets Act as enacted in applicable jurisdictions.

B. Customer Confidential Information
During the term of this Agreement or any subsequent renewals, SoundThinking agrees to maintain Customer information designated by the Customer as confidential to which SoundThinking gains access in the performance of its obligations under this Agreement, and not disclose such Customer Confidential Information to any third parties except as may be required by law. SoundThinking agrees that Customer’s Confidential Information shall be used solely for the purpose of performing SoundThinking’s obligations under this Agreement.

MASTER SERVICES AGREEMENT ǀ Page 7 of 15
Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States C. Obligations of the Parties.

The receiving Party’s (“Recipient”) obligations under this section shall not apply to any of the disclosing Party’s (“Discloser”) Confidential Information that Recipient can document: (a) was in the public domain at or subsequent to the time such Confidential Information was communicated to Recipient by Discloser through no fault of Recipient; (b) was rightfully in Recipient’s possession free of any obligation of confidence at or subsequent to the time such Confidential Information was communicated to Recipient by such Discloser; (c) was developed by employees or agents of Recipient independently of and without reference to any of Discloser’s Confidential Information; or (d) was communicated by Discloser to an unaffiliated third party free of any obligation of confidence.

A disclosure by Recipient of any Discloser Confidential Information (a) in response to a valid order by a court or other governmental body; (b) as otherwise required by law; or (c) necessary to establish the rights of either party under this Agreement shall not be considered to be a breach of this Agreement by the Recipient; provided, however, that Recipient shall provide prompt prior written notice thereof to the Discloser to enable Discloser to seek a protective order or otherwise prevent such disclosure. The Recipient shall use reasonable controls to protect the confidentiality of and restrict access to all Confidential Information of the Discloser to those persons having a specific need to know for the purpose of performing the Recipient’s obligations under this Agreement. The Recipient shall use controls no less protective than Recipient uses to secure and protect its own confidential, but not “Classified” or otherwise Government-legended, information.

Upon termination of this Agreement the Recipient, as directed by the Discloser, shall either return the Discloser’s Confidential Information, or destroy all copies thereof and verify such destruction in writing to the Discloser.

Unless the Recipient obtains prior written consent from the Discloser, the Recipient agrees that it will not reproduce, use for purposes other than those expressly permitted in this Agreement, disclose, sell, license, afford access to, distribute, or disseminate any information designated by the Discloser as confidential.

7. LIMITED WARRANTIES
A. SoundThinking warrants that the Software will function in substantial conformity with the SoundThinking documentation accompanying the Software and Subscription Services. The Software covered under this warranty consists exclusively of ShotSpotter, the ShotSpotter Dispatch, ShotSpotter Respond, and ShotSpotter Insight applications and user interface; CaseBuilder; CaseBuilder|Crime Gun; CrimeTracer; ResourceRouter, and SafePointe Software and Subscription Services that are made available to the Customer under this Agreement as identified in Exhibit A or any subsequent amendment to this Agreement. Additional limited warranties as applicable are set forth in the Addenda attached to this Agreement and incorporated herein.

B. SoundThinking further warrants that the Subscription Services, and Software shall be free of viruses, Trojan horses, worms, spyware, or other malicious code or components.

C. SoundThinking does not warrant or represent, expressly or implicitly, that any of its Subscription Services or Software will be uninterrupted or error free; or that any SoundThinking-supplied network will remain in operation at all times or under all conditions.

MASTER SERVICES AGREEMENT ǀ Page 8 of 15
Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States D. Any and all warranties, express or implied, of fitness for high-risk purposes requiring fail-safe performance are hereby expressly disclaimed.

E. The Parties acknowledge and agree that the Subscription Services are not consumer goods, and are not intended for sale to or use by or for personal, family, or household use.

EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 7, AND THE APPLICABLE ADDENDA TO

THIS AGREEMENT SOUNDTHINKING MAKES AND CUSTOMER RECEIVES NO OTHER

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF

NON-INFRINGEMENT, QUALITY, SUITABLITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

8. CUSTOMER OBLIGATIONS.

Customer acknowledges and agrees that SoundThinking’s duties, including warranty obligations, and ability to perform its obligations to Customer under this Agreement shall be predicated and conditioned upon Customer’s timely performance of and compliance with Customer’s obligations hereunder, including, but not limited to:

A. Customer agrees to pay all sums due under this Agreement when they are due pursuant to the payment terms in Exhibit A.

Customer’s address for invoicing:

City of Salinas
Attn: Finance Department - Accounts Payable
200 Lincoln Ave.

Salinas, CA 93901
Email: [email protected]
B. Customer agrees to use reasonable efforts to timely perform and comply with all of Customer’s obligations allocated to Customer under this Agreement, and its Addenda.

C. Customer shall not permit any alteration, modification, substitution, or supplementation of any SoundThinking Subscription Services or web portal, or the combining, connection, merging, bundling, or integration of the SoundThinking Subscription Services or web portal into or with any other system, equipment, hardware, software, technology, function, or capability, without SoundThinking’s express prior written consent.

D. Unless otherwise expressly agreed in advance in writing by SoundThinking, Customer shall not authorize or appoint any contractors, subcontractors, original equipment manufacturers, value added integrators, systems integrators, or other third parties to operate, or have access to any part of the Subscription Services or Software.

E. In order to use the Subscription Services, Customer must have and maintain access to the World Wide Web to enable a secure https connection from the Customer’s workstation(s) to SoundThinking’s hosted services, either directly or through devices that access Web-based content. Customer must also provide all equipment necessary to make such (and maintain such) connection.

MASTER SERVICES AGREEMENT ǀ Page 9 of 15
Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States F. Should criminal background checks or fingerprinting for SoundThinking employees performing any Services under this Agreement or an Addendum hereto be required by Customer, or Federal or State regulations, such background checks or fingerprinting will be conducted by Customer.

G. Customer shall be responsible for the accuracy, quality, appropriateness, and legality of all Customer data, any other Customer business information used in any Subscription Services.

H. SoundThinking will assist the Customer in initially setting up passwords and user names for Customer’s employees, agents, or representatives to whom Customer designates access to the applicable Subscription Services (“Authorized Users”). Thereafter, Customer shall be responsible for assigning passwords and user names for each of its Authorized Users. Customer shall be responsible for maintaining the confidentiality and use of Customer’s password and user names and shall not allow passwords and/or user names to be shared by Authorized Users; nor shall Customer permit any unauthorized users to access the Subscription Services. The maximum number of Authorized Users for the applicable Subscription Services is set forth in Exhibit A. Each Authorized User identification may only be used to access the applicable Subscription Services during one (1) concurrent login session.

I. Customer shall comply with all applicable laws, rules and regulations relating to the goods and services provided hereunder.

9. INTELLECTUAL PROPERTY INFRINGEMENT
SoundThinking will, at its expense, defend and indemnify Customer from and against losses, suits, damages, liability, and expenses (including reasonable attorney fees) arising out of a claim asserted in a lawsuit or action against the Customer by a third party unrelated to the Customer, in which such third party asserts a claim that the Subscription Services and/or Software, when used in accordance with SoundThinking’s user documentation, infringes any United States patent which was issued by the U.S.

Patent and Trademark Office, or United States copyright which was registered by the U.S. Copyright Office, as of the effective date of Customer’s agreement to license the applicable SoundThinking Subscription Services and Software (collectively “Action”), provided that Customer provides SoundThinking with reasonably prompt notice of any such Action, or circumstances of which Customer becomes aware that could reasonably be expected to lead to such Action including but not limited to any cease and desist demands or warnings, and further provided that Customer cooperates with SoundThinking and its defense counsel in the investigation and defense of such Action.

SoundThinking shall have the right to choose counsel to defend such suit and/or action, and to control the settlement (including determining the terms and conditions of settlement) and the defense thereof.

Customer may participate in the defense of such action at its own expense.

This Section 9 shall not apply and SoundThinking shall have no obligation to defend and indemnify Customer in the event the Customer or a third party modifies, alters, substitutes, or supplements any of the Subscription Services, or Software, or to the extent that the claim of infringement arises from or relates to the integration, bundling, merger, or combination of any of the same with other hardware, software, systems, technologies, or components, functions, capabilities, or applications not licensed by SoundThinking as part of the Subscription Services, nor shall it apply to the extent that the claim of MASTER SERVICES AGREEMENT ǀ Page 10 of 15
Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States infringement arises from or relates to meeting or conforming to any instruction, design, direction, or specification furnished by the Customer, nor to the extent that the Subscription Services or Software are used for or in connection with any purpose, application, or function other than in accordance with the SoundThinking documentation accompanying the Subscription Services or Software.

If, in SoundThinking’s opinion, any of the Subscription Services, or Software may, or are likely to become, the subject of such a suit or action, does become the subject of a claim asserted against Customer in a lawsuit which SoundThinking is or may be obliged to defend under this section, or is determined to infringe the foregoing patents or copyrights of another in a final, non-appealable judgment subject to SoundThinking’s obligations under this section, then SoundThinking may in full and final satisfaction of any and all of its obligations under this section, at its option: (1) procure for Customer the right to continue using the affected Subscription Services or Software, (2) modify or replace such Subscription Services or Software to make it or them non-infringing, or (3) refund to Customer a pro-rata portion of the annual Subscription Services fees paid for the affected Subscription Services for the term in which the Agreement is terminated.

This Section 9 states the entire liability of SoundThinking and is Customer’s exclusive remedy for or relating to infringement or claims or allegations of infringement of any patent, copyright, or other intellectual property rights in or to any SoundThinking Subscription Services, SoundThinking Software or any component thereof. This section is in lieu of and replaces any other expressed, implied, or statutory warranty against infringement of any and all intellectual property rights.

10. INDEMNIFICATION AND LIMITATION OF LIABILITY
SoundThinking shall, at its expense, indemnify, defend, save, and hold Customer harmless from any and all claims, lawsuits, or liability, including attorneys' fees and costs, arising out of, in connection with, any loss, damage, or injury to persons or property to the extent of the gross negligence, or wrongful act, error, or omission of SoundThinking, its employees, agents, or subcontractors as a result of SoundThinking’s or any of its employees, agents, or subcontractor’s performance pursuant to this Agreement. SoundThinking shall not be required to indemnify Customer for any claims or actions caused to the extent of the negligence or wrongful act of Customer, its employees, agents, or contractors. Notwithstanding the foregoing, if a claim, lawsuit, or liability results from or is contributed to by the actions or omissions of Customer, or its employees, agents, or contractors, SoundThinking’s obligations under this provision shall be reduced to the extent of such actions or omissions based upon the principle of comparative fault.

In no event shall either Party, or any of its affiliates or any of its/their respective directors, officers, members, attorneys, employees, or agents, be liable to the other Party under any legal or equitable theory or claim, for lost profits, lost revenues, lost business opportunities, exemplary, punitive, special, indirect, incidental, or consequential damages, each of which is hereby excluded by agreement of the Parties, regardless of whether such damages were foreseeable or whether any Party or any entity has been advised of the possibility of such damages.

Except for its Intellectual Property infringement indemnity obligations under Section 9 of this Agreement, SoundThinking’s cumulative liability for all losses, claims, suits, controversies, breaches or damages for any cause whatsoever arising out of or related to this Agreement, whether in contract, tort, by way of indemnification or under statute, and regardless of the form of action or legal theory shall not exceed (i) two (2) times the amount of the annual subscription fee(s) for the MASTER SERVICES AGREEMENT ǀ Page 11 of 15
Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States twelve (12) month period in which the claim arises, or (ii) the amount of insurance maintained by SoundThinking available to cover the loss, whichever is greater. The foregoing limitations shall apply without regard to any failure of essential purpose of any remedies given herein.

11. DEFAULT AND TERMINATON; REMEDIES
Either Party may terminate this Agreement in the event of a material breach of the terms and conditions of this Agreement upon thirty (30) days’ prior written notice to the other Party; provided that the Party alleged to be in breach has not cured such breach within said thirty (30) day period.

In addition to the termination provisions in Section 5.C for failure to pay annual Subscription Services fees, upon the occurrence of a material breach of Customer’s obligations under this Agreement not susceptible to cure as provided in the preceding paragraph, SoundThinking may at its option, effective immediately upon written notice to Customer, either: (i) terminate SoundThinking’s future obligations under this Agreement, terminate Customer’s License to use the Subscription Services and Software, or (ii) accelerate and declare immediately due and payable all remaining charges for the remainder of the Agreement and proceed in any lawful manner to obtain satisfaction of the same.

12. TAXES
Unless otherwise included as a line item in Exhibit A, the fees due under this Agreement exclude any sales, use, value added or similar taxes that may be imposed in connection with this Agreement. Customer agrees that it shall be solely responsible for payment, or reimbursement to SoundThinking as applicable, of all sales, use, value-added or similar taxes imposed upon this Agreement by any level of government, whether due at the time of sale or asserted later as a result of audit of the financial records of either Customer or SoundThinking. If exempt from such taxes, Customer shall provide to SoundThinking written evidence of such exemption. Customer shall also pay any personal property taxes levied by government agencies based upon Customer’s use or possession of the items acquired or licensed in this Agreement.

13. NOTICES
Any notice or other communication required or permitted to be given under this Agreement shall be in writing delivered to the address set forth in this Agreement by certified mail return receipt; overnight delivery services; delivered in person; or via email with read receipt. A Party’s address may be changed by written notice to the other Party.

MASTER SERVICES AGREEMENT ǀ Page 12 of 15
Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States Notices to Customer: Notices to SoundThinking:

City of Salinas SoundThinking, Inc.

Attn: Chief of Police Attn: CFO
200 Lincoln Ave. 39300 Civic Center Dr., Ste. 300
Salinas, CA 93901 Fremont, CA 94538
Email: [email protected] [email protected]

14. FORCE MAJEURE
In no event shall SoundThinking be liable for any delay or default in its performance of any obligation under this Agreement caused directly or indirectly by an act or omission of Customer, or persons acting under its direction and/or control, fire, flood, act of God, an act or omission of civil or military authority of a state or nation, strike, lockout, or other labor disputes, inability to secure, delay in securing, or shortage of labor, materials, supplies, transportation, or energy, failures, outages or denial of services of wireless, power, telecommunications, or computer networks, acts of terrorism, sabotage, vandalism, hacking, natural disaster or emergency, war, riot, embargo, or civil disturbance, breakdown or destruction of plant or equipment, or arising from any cause whatsoever beyond SoundThinking’s reasonable control. At SoundThinking’s option and following notice to Customer, any of the foregoing causes shall be deemed to suspend such obligations of SoundThinking so long as any such cause shall prevent or delay performance, and SoundThinking agrees to make, and Customer agrees to accept performance of such obligations whenever such cause has been remedied.

15. ENTIRE AGREEMENT
This Agreement and its Exhibits and Addenda represent the entire agreement and understanding of the Parties and a final expression of their agreements with respect to the subject matter of this Agreement and supersedes all prior written or oral agreements, representations, understandings, or negotiations with respect to the matters covered by this Agreement.

16. GOVERNING LAW
The validity, performance, and construction of this Agreement shall be governed by the laws of the state of California, without giving effect to the conflict of law principles thereof. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed and shall not apply.

17. NO WAIVER
No term or provision of this Agreement shall be deemed waived, and no breach excused unless such waiver or consent is in writing and signed by both Parties. Any consent by either Party to, or waiver of, a breach by the other, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for any other, different, prior, or subsequent breach.

The failure of either Party to enforce at any time any of the provisions of this Agreement shall not constitute a present of future waiver of any such provisions or the right of either Party to enforce each and every provision.

MASTER SERVICES AGREEMENT ǀ Page 13 of 15
Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States

18. SEVERABILITY
If any term, clause, sentence, paragraph, article, subsection, section, provision, condition, or covenant of this Agreement is held to be invalid or unenforceable, for any reason, it shall not affect, impair, invalidate or nullify the remainder of this Agreement, but the effect thereof shall be confined to the term, clause, sentence, paragraph, article, subsection, section, provision, condition or covenant of this Agreement so adjudged to be invalid or unenforceable.

19. DISPUTE RESOLUTION
If the Parties disagree as to any matter arising under this Agreement or the relationship and dealings of the Parties hereto, then at the request of either Party, SoundThinking and Customer shall promptly consult with one another and make diligent, good faith efforts to resolve the disagreement by negotiation prior to either Party taking legal action. If such negotiations do not resolve the dispute within sixty (60) days of the initial request, either Party may take appropriate legal action.

20. ASSIGNMENT
This Agreement may not be assigned or transferred by either Party, nor any of the rights granted herein, in whole or in part, by operation of law or otherwise, without the other Party’s express prior written consent, which shall not be unreasonably withheld. Provided, however, that SoundThinking may assign or transfer this Agreement and/or SoundThinking’s rights and obligations hereunder, in whole or in part, in the event of a merger or acquisition of all or substantially all of SoundThinking’s assets. No assignee for the benefit of Customer’s creditors, custodian, receiver, trustee in bankruptcy, debtor in possession, sheriff, or any other officer of a court, or other person charged with taking custody of Customer’s assets or business, shall have any right to continue or to assume or to assign these without SoundThinking’s express consent.

21. COMPLIANCE WITH LAWS
During the term of this Agreement SoundThinking will comply with all applicable local, state, and federal laws, statutes and regulations.

22. EQUAL EMPLOYMENT OPPORTUNITY
SoundThinking is committed to equal-employment principles, and the provisions outlined in the Equal Opportunity Clauses of Executive Order 11246, (41 CFR 60- 1.4), section 503 of the Rehabilitation Act of 1973, (41 CFR 60-741.5(a)), section 402 of the Vietnam Era Veterans Readjustment Act of 1974, (41 CFR 60-250.5(a)), and, the Jobs for Veterans Act of 2003, (41 CFR 60-300.5(a)) as well as any other regulations pertaining to these orders. SoundThinking’s decisions and criteria governing its hiring and employment practices are made in a non-discriminatory manner, without regard to age, race, color, national origin, citizenship status, gender (including pregnancy, childbirth or medical condition related to pregnancy or childbirth), gender identity or expression, sex, religion, creed, physical or mental disability, medical condition, legally protected genetic information, marital status, veteran status, military status, sexual orientation, or any other factor determined to be an unlawful basis for such decisions by federal, state, or local statutes.

MASTER SERVICES AGREEMENT ǀ Page 14 of 15
Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States

23. GENERAL PROVISIONS
A. This Agreement and its Addenda shall be binding on and inure to the benefit of the Parties and any permitted successors and assigns; however, nothing in this paragraph shall be construed as a consent to any assignment by either Party except as provided in Section 20 of this Agreement.

B. This Agreement shall not become a binding contract until signed by an authorized representative of each Party, effective as of the date of signature.

C. This Agreement and its Addenda may be executed in any number of identical counterparts, each of which shall be deemed a duplicate original.

D. The provisions of this Agreement and Addenda shall not be construed in favor of or against either Party because that Party or its legal counsel drafted this Agreement, but shall be construed as if all Parties prepared this Agreement.

E. An electronic signature copy of this Agreement and its Exhibits, Addenda, notices and documents prepared under this Agreement shall be considered an original. The Parties agree that any document in electronic format or any document reproduced from an electronic format shall not be denied legal effect, validity, or enforceability, and shall meet any requirement to provide an original or hard copy.

F. This Agreement is made for the benefit of the Parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the Parties to terminate, rescind, or agree to any amendment, waiver, variation or settlement under or relating to this Agreement are not subject to the consent of any third party.

SIGNATURE PAGE FOLLOWS
MASTER SERVICES AGREEMENT ǀ Page 15 of 15
Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States EACH PARTY’S ACCEPTANCE HEREOF IS EXPRESSLY LIMITED TO THE TERMS OF THIS

AGREEMENT, INCLUDING ITS EXHIBITS AND ADDENDA, AND NO DIFFERENT OR ADDITIONAL

TERMS CONTAINED IN ANY CONFIRMATION, PURCHASE ORDER, AMENDMENT OR OTHER

BUSINESS FORM, WRITING OR MATERIAL SHALL HAVE ANY FORCE OR EFFECT UNLESS EXPRESSLY AGREED TO IN WRITING BY THE PARTIES.

CITY OF SALINAS, CA SOUNDTHINKING, INC.

Accepted By (Signature) Accepted By (Signature)
Printed Name Printed Name
Title Title
Date Date
MASTER SERVICES AGREEMENT ADDENDUM ONE ǀ Page 1 of 15
Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States EXHIBIT A – SOUNDTHINKING QUOTATION #SALINPD081023
ADDENDUM ONE - SHOTSPOTTER® SUPPLEMENTAL TERMS
SoundThinking, Inc. DATE 8/10/2023
39300 Civic Center Dr., Suite 300 Quote # SALINPD081023 Fremont, CA 94538-2337 Customer ID Salinas PD
Phone: 888.274.6877 Fax: 650.887.2106
Quote For: Quote valid until: 12/13/2023
Commander James Arensdorf Prepared by: S Carpenter
Salinas Police Department
222 Lincoln Avenue
Salinas, CA 93901
Comments or Special Instructions:

Terri Greene Net 30
QUANTITY (mi²) UNIT PRICE
(per mi²) TAXABLE? AMOUNT

7.0 $70,000 $490,000
SUBTOTAL $490,000

TAX RATE

SALES TAX -

OTHER -
TOTAL $490,000
Please indicate your acceptance of this quote by issuing a Purchase Order referencing the Quote # above.

SoundThinking will issue an invoice once we receive the PO.

If you have any questions concerning this Quote, please contact Karen Isotalo - Vice President, Sales Operations at 510.298.8668 or [email protected] Quote
Renewal of Annual ShotSpotter (formerly Respond) Subscription Services for an additional one-year term (December 14, 2023 through December 13, 2024) for the 7.0 mi² coverage area. The proposed services will be delivered according to the terms and conditions contained in the Flex Services Agreement dated August 31, 2016, which is incorporated herein by reference.

DESCRIPTION
SALES DIRECTOR: TERMS:

Annual ShotSpotter Subscription
Services for 12/14/2023 through
12/13/2024.

MASTER SERVICES AGREEMENT ADDENDUM ONE ǀ Page 2 of 11
Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States This Addendum One (“Addendum One”) to the SoundThinking™, Inc. Master Services Agreement (the “Agreement”) by and between SoundThinking, Inc. (“SoundThinking”) and the City of Salinas, CA (“Customer”) is effective as of the last date of signature below.

The following provisions are expressly added to and made a part of the Agreement for the purposes of further defining the ShotSpotter® Subscription Services and terms of use. All terms and conditions of the Agreement shall remain in full force and effect. In the event of a conflict between this Addendum One and the Agreement, this Addendum One shall control:

In consideration of the Parties’ mutual covenants and promises set forth in this Addendum One, the Parties Agree as follows:

Section numbers correspond to the section numbers in the Agreement.

Section 2 DEFINITIONS
ShotSpotter
Insight means the internet portal to which Customer will have access to Reviewed Alerts with respect to the ShotSpotter® Gunshot Detection, Location, and Forensics System.

Coverage Area means the area in square miles covered by the ShotSpotter Services as set forth in Exhibit A and increase to the Coverage Area as agreed to in writing between the Parties.

Reviewed Alerts means the data reviewed by SoundThinking’s incident review staff related to gunfire incidents detected by the ShotSpotter Gunshot Detection, Location, and Forensic Analysis Service.

Section 3 SUBSCRIPTION SERVICES
ShotSpotter
B. Customer is an existing ShotSpotter end user. SoundThinking has previously installed the ShotSpotter System in the Coverage Area specified in Exhibit A attached to the Agreement.

SoundThinking will host the Subscription Services and may update the functionality and Software of the Subscription Services from time to time at its sole discretion and in accordance with the Agreement and this Addendum One.

C. For any expansions of the Customer’s Coverage Area, SoundThinking will be responsible for installation, and determining the location(s) for installation of acoustic sensor(s) (the “Sensors”) that detect gunshot-like sounds, and obtaining permission from the premises owner/property manager/lessee. SoundThinking owns, and is responsible for maintenance of the Sensors.

D. The ShotSpotter System acoustic Sensor may use wired, wireless, or cellular wireless communications which necessitates the existence of a real-time data communications channel from each Sensor to the SoundThinking hosted servers via a commercial carrier.

MASTER SERVICES AGREEMENT ADDENDUM ONE ǀ Page 3 of 11
Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States The unavailability or deterioration of the quality of such wired, wireless, or wireless cellular communications may impact the ability of SoundThinking to provide the Subscription Services. In such circumstances SoundThinking will use commercially reasonable efforts to obtain alternate wired or wireless cellular communications or adjust the Coverage Area as necessary. In the event SoundThinking is unable to do so, SoundThinking will terminate the ShotSpotter Subscription Services and refund a pro-rata portion of the annual Subscription Services fee to Customer.

E. SoundThinking will provide Customer with user documentation, online help, written or recorded video training material, and other applicable documentation (as available).

F. SoundThinking will provide reasonable efforts to respond via email to requests for support relating to incident classification as defined in the Support Level Matrix provided at Attachment A.

G. During the term of the Agreement, SoundThinking will provide real-time gunfire analysis and alert services. After an explosive (or impulsive) sound triggers enough Sensors that an incident is detected and located, audio from the incident is sent to SoundThinking’s Incident Review Center (IRC) via secure, high-speed network connections for real-time qualification. Within seconds, a SoundThinking professional reviewer analyzes audio data and recordings to confirm gunfire or explosions. The qualified alert is then sent directly to the Customer’s dispatch center, PSAP, mobile/patrol officers, and any other relevant safety or security personnel, as determined by the Customer. The SoundThinking IRC will review gunfire incidents as further defined in Attachment A to this Addendum One.

H. The ShotSpotter Subscription Services shall consist of (i) providing access to the Customer of Reviewed Alerts delivered via the Insight password-protected internet portal and user interface supplied by SoundThinking; (ii) providing Customer access to historical Reviewed Alerts and incident information via the ShotSpotter Software; and (iii) other services as specified in the Agreement and its Exhibits or this Addendum One.

I. SoundThinking will use commercially reasonable efforts to respond to support requests as set forth in the Support Level Matrix provided at Attachment A to this Addendum One.

These requests may be made to SoundThinking through one of the following methods: 1) email to [email protected]; 2) Live Chat through the ShotSpotter Subscription Services applications: 3) A phone call to SoundThinking’s Customer Support organization at 888.274.6877, option 4. These are the only methods SoundThinking will receive and respond to support requests.

Tier 1 (as defined in the Support Matrix included at Attachment A). A SoundThinking Customer Support specialist will be responsible for receiving Customer reports of missed incidents, or errors in the Subscription Services, and, to the extent practicable over email or telephone, making commercially reasonable efforts to assist the Customer in resolving the Customer’s reported problems. In the event the problem cannot be resolved within 24 hours, requiring further research and troubleshooting, SoundThinking will use commercially reasonable efforts to resolve the issue within seventy-two (72) hours of receipt of the report. In the event that the ShotSpotter Subscription Service is fully MASTER SERVICES AGREEMENT ADDENDUM ONE ǀ Page 4 of 11
Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States nonfunctional, and it is not due to power outage or other reasons that are outside of SoundThinking’s control, SoundThinking will work continuously to restore functionality of the Subscription Services in accordance with the standard ShotSpotter user documentation provided with the Subscription Services as soon as reasonably possible, and no later than seventy-two (72) hours of receipt of the report.

J. FORENSIC REPORTS.
i. Investigative Lead Summary (“ILS”). SoundThinking provides an on-demand report available through the ShotSpotter Respond Application. The Investigative Lead Summary (ILS) provides useful details about the approximate location, timing, and sequence of each shot fired during an incident. The ILS is very valuable on scene, helping law enforcement find shell casings, confirm witness accounts, and identify suspects. ILS reports are available immediately after an incident occurs via the mobile, web, or desktop ShotSpotter Respond application (machine-generated). The ILS is not a court-admissible document.
ii. Detailed Forensic Report (“DFR”). If requested by Customer, SoundThinking will provide a DFR for any ShotSpotter-detected incidents, including Reviewed Alerts. The DFR is intended to be a court-admissible document used by attorneys as part of a court case for the exact, verified timing, sequence and location of each shot fired. Secondarily, the DFR is available for use by law enforcement to obtain a search warrant or to investigate an Officer Involved Shooting.

DFRs must be requested in writing and addressed to the SoundThinking Customer Support Department. Requests may be submitted via the Forensics Services page under the Law Enforcement tab on SoundThinking’s website (www.soundthinking.com). SoundThinking will use commercially reasonable efforts to provide a DFR within ten (10) business days of receipt of the request.

K. EXPERT WITNESS SERVICES.

SoundThinking offers reasonable expert witness services, including Reviewed Alerts, for an hourly fee as set forth in Exhibit A of the Agreement, as well as reimbursement of all travel and per diem costs. If requested to provide such services, SoundThinking will invoice the Customer for the number of hours expended to prepare for and provide expert witness testimony, and actual travel expenses, upon completion of the services. Customer understands that SoundThinking undertakes to provide individuals whose qualifications are sufficient for such services, but does not warrant that any person or his or her opinion will be accepted by every court. SoundThinking requires at least fourteen (14) days prior notice of such a requirement in writing from the Customer. Customer must include dates, times, specific locations, and a point of contact for SoundThinking personnel. Due to the nature of legal proceedings, SoundThinking cannot guarantee that its services described in this section shall produce the outcome, legal or otherwise, which Customer desires. Payment for expert witness services described shall be due and payable when services are rendered regardless of the outcome of the proceedings.

MASTER SERVICES AGREEMENT ADDENDUM ONE ǀ Page 5 of 11
Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States Section 4 INITIAL TERM AND RENEWAL
ShotSpotter
If Customer fails to renew prior to the expiration of the then current subscription term, The Subscription Services will terminate and the Customer’s access to the Subscription Services will be disabled. At its discretion, SoundThinking may remove the ShotSpotter System and any components from the Coverage Area at that time. If SoundThinking does not remove the ShotSpotter System from the Coverage Area, Customer may reinstate the ShotSpotter Subscription Services at a later date by renewing this Agreement and payment of the applicable reactivation and ShotSpotter Subscription Services renewal fees; however, Customer will not have access to any Reviewed Alerts that they would have had access to during the lapsed period.

Section 5 LICENSE AND OWNERSHIP
ShotSpotter Data
A. Rights in Data.

SoundThinking shall own and have the unrestricted right to use the ShotSpotter Data, as that term is defined in the Agreement, for internal purposes such as research or product development. SoundThinking may provide, license, or sell the ShotSpotter Data on an aggregated basis to third parties (excluding press or media) to be used for research or analytical purposes, or for law enforcement and/or security purposes.

SoundThinking will not release or disseminate to any person or entity ShotSpotter Data related to or consisting of specific forensic or law enforcement sensitive incident information pertaining to any active inquiry, investigation, or prosecution, unless in response to a valid order or subpoena issued by a court or other governmental body, or as otherwise required by law. SoundThinking will not release, sell, license, or otherwise distribute the gunfire alert ShotSpotter Data to the press or media without the prior express written consent of an authorized representative of the Customer.

Customer shall have the unrestricted right to download, make copies of, distribute, and use the ShotSpotter Data within its own organization, exclusively for its own internal purposes, and for purposes of detecting and locating gunfire, routine archival recordkeeping, evidence preservation, and investigative, or evidentiary, and prosecutorial purposes, and for community engagement and community services initiatives. Customer shall not provide to, license the use of, or sell the ShotSpotter Data to any third parties, which restriction will not pertain to (i) the collaboration with other law enforcement agencies for the purposes of investigating and prosecuting crimes detected by the ShotSpotter Subscription Service; or (ii) government or non-governmental entities focused on the support of victims of gun crime in the local community; or (iii) entities focused on local community outreach and/or violence intervention.

Section 6 CONFIDENTIALITY AND PROPRIETARY RIGHTS
MASTER SERVICES AGREEMENT ADDENDUM ONE ǀ Page 6 of 11
Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States SoundThinking Privacy Policy
A. SoundThinking Privacy Policy.

With respect to the ShotSpotter Subscription Services, SoundThinking has structured its technology, processes and policies in such a way as to minimize the risk of privacy infringements from audio surveillance while still delivering important public safety benefits to its customers. These efforts to maintain privacy include the following:
1) SoundThinking will not provide extended audio to customers beyond the audio snippet (1 second of ambient noise prior to a gunshot, the gunshot audio itself, and 1 second after the incident). SoundThinking will vigorously resist any subpoena or court order for extended audio that goes beyond an audio snippet.
2) SoundThinking will not provide a list or database of the precise location of Sensors to police or the public if requested and will challenge any subpoenas for this location data.

Section 7 LIMITED WARRANTIES
ShotSpotter Subscription Services and Software Additional Limited Warranties and Disclaimers
A. The ShotSpotter Subscription Services are not designed, sold, or intended to be used to detect, intercept, transmit, or record oral or other communications of any kind.

SoundThinking cannot control how the ShotSpotter Subscription Services are used, and, accordingly, SoundThinking does not warrant or represent, expressly or implicitly, that use of the ShotSpotter Subscription Services will comply or conform to the requirements of federal, state, or local statutes, ordinances, and laws, or that use of the ShotSpotter Subscription Services will not violate the privacy rights of third parties. Customer shall be solely responsible for using the ShotSpotter Subscription Services in full compliance with applicable law and the rights of third persons.

B. SoundThinking does not warrant or represent, expressly or implicitly, that the ShotSpotter System or its use will: result in the prediction or prevention of crime, apprehension or conviction of any perpetrator of any crime, or detection of any criminal; prevent any loss, death, injury, or damage to property due to any reason including the discharge of a firearm or other weapon; or in all cases result in a Reviewed Alert for all firearm discharges within the designated coverage area; or that the ShotSpotter-supplied network will remain in operation at all times or under all conditions.

C. SoundThinking expressly disclaims, and does not undertake or assume any duty, obligation, or responsibility for any decisions, actions, reactions, responses, failure to act, or inaction, by Customer as a result of or in reliance on, in whole or in part, the ShotSpotter Subscription Services, or Reviewed Alerts provided by SoundThinking, or for any MASTER SERVICES AGREEMENT ADDENDUM ONE ǀ Page 7 of 11
Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States consequences or outcomes, including any death, injury, or loss or damage to any property, arising from or caused by any such decisions, actions, reactions, responses, failure to act, or inaction. It shall be the sole and exclusive responsibility of the Customer to determine appropriate decisions, actions, reactions, or responses, including whether or not to dispatch emergency responder resources. The Customer hereby expressly assumes all risks and liability associated with any and all action, reaction, response, and dispatch decisions, and for all consequences and outcomes arising from or caused by any decisions made or not made by the Customer in reliance, in whole or in part, on the ShotSpotter Subscription Services provided by SoundThinking, including any death, injury, or loss or damage to any property.

EXCEPT AS EXPRESSLY SET FORTH IN SECTION 7 OF THE AGREEMENT AND THIS

ADDENDUM ONE, SOUNDTHINKING MAKES AND CUSTOMER RECEIVES NO OTHER

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY

WARRANTIES OF NON-INFRINGEMENT, QUALITY, SUITABLITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Section 11 DEFAULT AND TERMINATION; REMEDIES
Termination of Access to ShotSpotter Data
In addition to the termination provisions in Section 5. C of the Agreement, upon termination of the Agreement, Customer’s access to ShotSpotter Data will terminate, and SoundThinking will cease delivering Reviewed Alerts for ShotSpotter.

SIGNATURE PAGE FOLLOWS
MASTER SERVICES AGREEMENT ADDENDUM ONE ǀ Page 8 of 11
Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States

THE PARTIES HERETO HAVE EXECUTED THIS ADDENDUM ONE
CONTEMPORANEOUSLY WITH THE AGREEMENT.

CITY OF SALINAS, CA SOUNDTHINKING, INC.

Accepted By (Signature) Accepted By (Signature)
Printed Name Printed Name
Title Title
Date Date
MASTER SERVICES AGREEMENT ADDENDUM ONE ǀ Page 9 of 11
Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States ATTACHMENT A – SERVICE LEVEL AGREEMENT
ShotSpotter® Gunshot Detection, Location System
Reviewed Alert Service Levels
Summary
Under the terms and conditions of the SoundThinking Master Services Agreement and this Addendum One between SoundThinking, Inc. (“SoundThinking”) and Customer, SoundThinking commits to meet or exceed the following Service Level Agreement (SLA) standards as it provides its ShotSpotter Gunshot Location Services1:

Service SLA and Measurement
Gunshot Detection
& Location
90% of unsuppressed, outdoor gunfire incidents, using standard, commercially available rounds greater than .25 caliber, inside the Coverage Area will be detected and located within 25 meters of the actual gunshot location.

Reviewed Alerts 90% of gunshot incidents will be reviewed and published in less than 60 seconds.

Service Availability The ShotSpotter Gunshot Location System service will be available to the Customer 99.9% of the time with online access to ShotSpotter data, excluding scheduled maintenance windows.

Gunshot Detection & Location Performance
The ShotSpotter System will detect and accurately locate to within 25 meters of the actual gunshot location 90% of unsuppressed, outdoor gunshots fired inside the contracted coverage area using standard, commercially available rounds greater than .25 caliber.

Reviewed Alerts Service
SoundThinking’s real-time Incident Review Center (IRC) will review at least 90% of all gunfire incidents within 60 seconds. This human review is intended to confirm or change the machine classification of the incident type, and, depending on the reviewer’s confidence level that the incident is or may be gunfire, will result in an alert (“Reviewed Alert”) sent to the Customer’s dispatch center, patrol car mobile data terminals (MDT), and officer smartphones (via the ShotSpotter App), based on the following criteria:

Incident Type Action
High confidence incident is gunfire Reviewed Gunfire Alert, (Single Gunshot “SG” or Multiple Gunshots “MG”) sent to Customer’s
dispatch center, patrol car mobile data terminals
(MDT), and officer smartphones (via the
ShotSpotter Respond App)
Uncertain if incident is gunfire or not Reviewed Probable Gunfire (“PG”) Alert sent to Customer’s dispatch center, patrol car MDTs, and
officer smartphones
Low confidence incident is gunfire No alert will be sent; incident available for Customer review in the incident history available
through Insight

1 See attached “ShotSpotter – Definition of Key Terms” for a complete definition of terms associated with this SLA and further details in the expanded definitions listed below the Summary. The basis for this SLA and performance measurement will be total gunshot incidents as defined by the Definition of Key Terms.

MASTER SERVICES AGREEMENT ADDENDUM ONE ǀ Page 10 of 11
Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States Reviewed Alerts are sent to the Customer’s dispatch center, patrol car MDTs, and officer smartphones.

Information in a Reviewed Alert will include the following:
 “Dot on the map” with latitude and longitude indicating the location of the incident.  Parcel address closest to location of the incident.
 When available, additional situational awareness data points may be included, such as:
o Qualitative data on the type/severity of incident: Fully automatic, High Capacity o Other comments (if any)
The ShotSpotter Respond App, and Insight provide the Customer with full and immediate access to incident history including information SoundThinking uses in its internal review process. This information includes, among other things, the initial incident classification and any reclassifications of an incident, incident audio wave forms, and incident audio files. This data access is available as long as the Customer is under active subscription.

Service Availability
The ShotSpotter System2 will be able to detect gunfire and available to users with online access to ShotSpotter data 99.9% of the time, on a 24x7 by 365 day per year basis, excluding: a) scheduled maintenance periods which will be announced to Customer in advance; b) select holidays; and c) third party network outages beyond SoundThinking’s control.

Customer SLA Credits
Each Service Level measurement shall be determined quarterly, the results of which will be reviewed during the periodic account review meetings with Customer. For each calendar quarter that SoundThinking does not meet at least two of the three above standards, a fee reduction representing one free week of service (for the affected Coverage Area) for each missed quarter shall be included during a future Customer renewal.

Service Level Exclusions and Modifications
SoundThinking takes commercially reasonable efforts to maintain Service Levels at all times. However, Service Level performance during New Year’s Eve and Independence Day and the 48-hour periods before and after these holidays, are specifically excluded from Service Level standards. During these excluded periods, because of the large amount of fireworks activity, SoundThinking uses fireworks suppression techniques3.

The SoundThinking sensors send incident information to the SoundThinking cloud via third party cellular, wireless or wired networks. SoundThinking is not responsible for outages on the third-party networks.

2 ShotSpotter Subscription Service includes all database, applications, and communications services hosted by SoundThinking, Inc. at our data center and specifically exclude Customer’s internal network or systems or 3rd party communications networks, e.g. Verizon, AT&T, Sprint/T-Mobile, or Customer’s Internet Service Provider. 3 SoundThinking will put the ShotSpotter System into "fireworks suppression mode" during this period in order to reduce the non-gunfire incidents required for human classification. SoundThinking will formally inform the Customer prior to the System being placed in fireworks suppression mode and when the mode is disabled. While in fireworks suppression mode, the incident alerts determined to be fireworks are not sent to the reviewer nor the Customer dispatch center, patrol car MDTs, and officer smartphones; however, these non-gunfire incidents will continue to be stored in the database for use if required at a later time.

MASTER SERVICES AGREEMENT ADDENDUM ONE ǀ Page 11 of 11
Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States Service Failure Notification
Should SoundThinking identify any condition (disruption, degradation or failure of network, cloud, servers, sensors etc.) that impacts SoundThinking’s ability to meet the Gunshot Detection & Location standard (above), SoundThinking will proactively notify the Customer with: a) a brief explanation of the condition; b) how the Customer’s service is affected; and c) the approximate timeframe for resolution. SoundThinking will also notify the Customer once any such condition is resolved.

Customer Responsibilities
The purpose of the Reviewed Alert service is to provide incident data to the Customer, reviewed, analyzed and classified in the manner described above. However, it is the sole responsibility of the Customer to interpret the data provided, and to determine any appropriate follow-up reaction or response, including whether or not to dispatch emergency responder resources based on a Reviewed Alert. SoundThinking does not assume any obligation, duty or responsibility for reaction, response, or dispatch decisions, which are solely and exclusively the responsibility of Customer, or for the consequences or outcomes of any decisions made or not made by the Customer in reliance, in whole or in part, on any services provided by SoundThinking.

Customer must inform SoundThinking when Verified Incidents of gunfire are missed by the ShotSpotter System in order to properly calculate Performance Rate, as defined below.

Customer is responsible for providing any required workstations, mobile devices and internet access for the Customer’s dispatch center, patrol car MDTs, and officer smartphones, or Insight.

Support Level Matrix
Support Level Tier 1 Support (IRC) Tier 2 Support
(Customer Support)
Features  Login support
 Report a misclassification
 Report a missed incident
 Report a mislocated incident
 Basic audio request
 General/application questions
 Request for ILS
Normal Support:
 Analysis of missed gunshots
 Detailed audio search
 Performance analysis
 Integration issues
Critical Support:
 System outage
Hours of Operation 24x7x365 Normal Support: 5 am – 11 pm Pacific Time Zone
Escalation: 24x7x365
MASTER SERVICES AGREEMENT ADDENDUM ONE ǀ Page 12 of 11
Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States ShotSpotter – Definition of Key Terms
The ShotSpotter System will provide data for correct detection and accurate location for ninety percent (90%) of detectable (outdoor, unsuppressed) community gunfire which occurs within a coverage area, the “Coverage Area”, provided the measurement is Statistically Significant, as defined below. This performance rate shall be calculated as a percentage as follows:

𝑃𝑒𝑟𝑓𝑜𝑟𝑚𝑎𝑛𝑐𝑒 𝑅𝑎𝑡𝑒 =
𝑁𝑢𝑚𝑏𝑒𝑟𝐴𝑐𝑐𝑢𝑟𝑎𝑡𝑒𝑙𝑦𝐿𝑜𝑐𝑎𝑡𝑒𝑑
(𝑁𝑢𝑚𝑏𝑒𝑟𝐴𝑐𝑐𝑢𝑟𝑎𝑡𝑒𝑙𝑦𝐿𝑜𝑐𝑎𝑡𝑒𝑑 + 𝑁𝑢𝑚𝑏𝑒𝑟𝑁𝑜𝑡𝐷𝑒𝑡𝑒𝑐𝑡𝑒𝑑 + 𝑁𝑢𝑚𝑏𝑒𝑟𝑀𝑖𝑠𝑙𝑜𝑐𝑎𝑡𝑒𝑑) where the “Performance Rate” is a number expressed as a percentage, “NumberAccuratelyLocated” is the number of “Gunfire Incidents” occurring within the Coverage Area during the specified period for which the ShotSpotter System produced an Accurate Location, NumberMislocated is the number of Verified Incidents (a “Verified Incident” is an incident where Customer has physical or other credible evidence that gunfire took place) for which the ShotSpotter System produced an inaccurate location (i.e., a Mislocated Incident), and NumberNotDetected is the number of Verified Incidents for which the ShotSpotter System failed to report a location at all (i.e., Missed Incidents).

An “Accurate Location” shall mean an incident located by the ShotSpotter System to a latitude/longitude coordinate that lies within a 25-meter radius of the confirmed shooter’s location (25 meters = approximately 82 feet). “Detectable Gunfire” incidents are unsuppressed discharges of ballistic firearms which occur fully outdoors in free space (i.e. not in doorways, vestibules, windows, vehicles, etc.) using standard commercially available rounds of caliber greater than .25.

ShotSpotter Review Period is measured as the period commencing when the Incident Review Center (IRC) receives the alert and the first audio download to the time it is published to the customer.

ShotSpotter System performance is guaranteed after a “Statistically Significant” set of incidents has been detected in accordance with timeframes set forth herein and following DQV and commercial system acceptance. The ShotSpotter System is designed to detect gunfire which is typically well distributed throughout the Coverage Area; however, performance should not be construed to mean that 90% of gunfire fired at any given location within the Coverage Area will be detected and located within the guaranteed accuracy.

The ShotSpotter System is not a “point protection” system and is therefore not designed to consistently detect gunfire at every single location within the Coverage Area, but rather to Accurately Locate 90% of the Detectable Incidents in aggregate throughout the entire Coverage Area. There may be certain locations within the Coverage Area where obstacles and ambient noise impede and/or overshadow the propagation of acoustic energy such that locating the origin at those positions is inconsistent or impossible. The Performance Rate calculation is thus specifically tied to the Community Gunfire across the entire Coverage Area.

Statistically Significant shall be defined as measurements and calculations which shall be performed as follows: (a) Across an entire Coverage Area; (b) Aggregating over a period of at least 30 days under weather conditions seasonally normal for the area; and (c) Provided that the total number of gunfire incidents being counted is equal to or greater than: (i) thirty (30) incidents for systems of up to three (3) square miles of Coverage Area, or (ii) ten (10) incidents multiplied by the number of square miles of Coverage Area for systems where one or more Coverage Areas are three (3) square miles or larger.

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-728, Version: 1
2023 Justice Assistance Grant, MOU with the County of Monterey, and Lease of Flock LPR Cameras Approve a Resolution accepting the 2023 Justice Assistance Grant (JAG), execution of all grant acceptance documents, establishment of the 2023 JAG Grant appropriation of up to $92,532 and corresponding revenue budget to support grant activities, and authorizing the Interim City Manager to execute a Memorandum of Understanding between the City and County of Monterey for activities related to the 2023 JAG; and authorize the Interim City Manager to execute a 60-month lease renewal for 20 License Plate Reader (LPR) cameras from Flock Group, Inc. for an amount not to exceed $250,000.

City of Salinas Page 1 of 1 Printed on 11/30/2023
powered by Legistar™
Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: DECEMBER 5, 2023
DEPARTMENT: SALINAS POLICE DEPARTMENT
FROM: ROBERTO FILICE, CHIEF OF POLICE
BY: TONYA ERICKSON, POLICE SERVICES ADMINISTRATOR
TITLE: 2023 JUSTICE ASSISTANCE GRANT, MOU WITH MONTEREY

COUNTY, AND LEASE OF FLOCK LPR CAMERAS

RECOMMENDED MOTION:

A motion to approve Resolutions authorizing the following:

1. Acceptance of the 2023 Justice Assistance Grant (JAG), execution of all grant acceptance documents, establishment of the 2023 JAG Grant appropriation of up to $92,532 and corresponding revenue budget to support grant activities, and authorizing the City Manager to execute a Memorandum of Understanding between the City and County of Monterey for activities related to the 2023 JAG; and

2. Authorize the City Manager to execute a 60-month lease renewal to include 20 License Plate Reader (LPR) cameras from Flock Group, Inc. for an amount not to exceed $250,000.

RECOMMENDATION:

Staff recommends that the City Council accept the 2023 Justice Assistance Grant (JAG) award, authorize the execution of all grant acceptance documents, authorize the 2023 JAG Grant appropriation of up to $92,532 with corresponding revenue budget to support grant activities, and authorize execution of an MOU with County of Monterey related to grant funding. Staff further recommends that City Council authorize the execution of a 60-month lease renewal for 20 License Plate Reader (LPR) cameras from Flock Group, Inc. for an amount not to exceed $250,000 which will be partially funded through the 2023 JAG.

EXECUTIVE SUMMARY:

The Salinas Police Department, serving as Fiscal Agent for the 2023 Justice Assistance Grant with sub-awardee Monterey County District Attorney’s Office, has been selected to receive the grant award of $92,532. The Department is requesting that City Council accept the grant, establish the appropriation and corresponding revenue budget, and execute the associated MOU with the County of Monterey. The Department also requests the City Council authorize the execution of a Page | 2
60-month lease renewal for 20 LPR cameras from Flock Group, Inc. for an amount not to exceed $250,000 which will be partially funded through the 2023 JAG.

BACKGROUND:

The United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (BJA) Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows local governments to support a broad range of activities to prevent and control crime based on their local needs and conditions. The formula for allocating JAG funds is based on the FBI’s Uniform Crime Report (UCR) and National Incident-Based Reporting System (NIBRS) crime data. The formula for JAG result in an allocation of funds referred to as a disparate allocation. This occurs when a city or municipality is scheduled to receive an amount one and one-half times greater than a county with concurrent jurisdiction. This JAG grant includes the City of Salinas and the County of Monterey.

Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amounts and purposes of the funds that are to be distributed to each of the units of local government. A Memorandum of Understanding must be completed, signed, and submitted to the Office of Justice Programs, indicating which agency will serve as the applicant/fiscal agent for the joint funds. The City of Salinas will serve as applicant/fiscal agent.

The total allocation for both jurisdictions is $92,532. The City of Salinas Police Department will receive $72,379; and the Monterey County District Attorney’s Office will receive $20,153.

The prepared Memorandum of Understanding (MOU) details the distribution of funds and names the City of Salinas as the fiscal agent for the grant. One of the attached Resolutions authorize the execution of all grant approval documents, the establishment of the 2023 JAG appropriation and related revenue budget to support grant activities, and the execution of the MOU between the City and the County. The City of Salinas portion of the grant is planned to support the lease of License Plate Reader (LPR) camera systems to maintain our capabilities to solve a variety of crimes throughout the City. The District Attorney’s Office portion of the grant is to be allocated to the ballistic vests to be used by law enforcement officials and investigators within the District Attorney’s Office.

The Salinas Police Department has utilized LPR technology since 2018 and it has proven to be a beneficial tool for identifying and locating stolen vehicles and other vehicles linked to criminal activity. On December 7, 2021 the City Council approved the first lease of 20 LPR cameras from Flock Group, Inc. The initial lease was for 24 months and is coming up for renewal this fiscal year. The Salinas Police Department applied for the 2023 JAG Grant with the intent to use it to partially fund the lease extension for these initial 20 LPR cameras. Flock’s cameras capture date, time, location, license plate (state, partial, paper, and no plate), vehicle details (type and color), as well as objects (bicycle, animals, and people). The system alerts police of wanted vehicles which are identified by the system. The key benefits of Flock are that they charge an annual flat rate lease per camera, which is wireless, free of infrastructure setup, and has the option for solar or direct power. They also include a two-year warranty, Criminal Justice Information Services (CJIS) compliant cloud-based hosting, unlimited user licenses, ongoing software enhancements, camera setup, mounting, shipping, handling, and a cellular connection. The Flock lease program prevents the City from being burdened with maintaining costly equipment at the end of the agreement, which could require replacement.

Page | 3
In less than two years, Salinas Police Officers have conducted 1,691 searches of the Flock system related to wanted vehicles, and Flock LPR cameras have identified 3,456 hits on wanted vehicles.

The Police Department is working to develop formal evaluation systems related to the LPR cameras, and recently added a label to our Records Management System (RMS) to more easily identify cases for which LPR cameras were integral to the investigation and ultimately lead to an arrest. In reviewing these labels, we were able to verify that LPR cameras have assisted in over 100 investigations involving missing persons, domestic violence, child abuse, human trafficking, robberies, shootings, and homicides. Below are four recent case examples:

1. In July 2022, a murder victim was found in her vehicle suffering from a gunshot wound.

The vehicle was in an area with few to no surveillance cameras and there were no witnesses. Flock LPR cameras were used to determine where the victim was just before the homicide and was one of the tools that ultimately led to the identification of the suspect.

2. In December 2022, a man was shot and killed in Salinas. Flock LPR cameras were used in combination with other digital evidence to identify the suspect who was eventually charged with murder.

3. In February 2023, three armed suspects entered an apartment and conducted a home invasion robbery. Flock was the only tool available that led to identifying a suspect and arresting him for the robbery.

4. In April 2023, a victim was raped by a suspect who had slipped a date rape drug into her water. Detectives were not able to locate the suspect and the only lead was that the suspect’s vehicle drove by a Flock LPR camera every day at a specific time. Detectives were able to monitor the area at the designated time to successfully stop and arrest the suspect.

In mid-November 2023, the Department was contacted by Flock Group, Inc. with an offer to extend the initial LPR cameras leases for an additional 60-months at the price of $2,500 per camera per year, which is a savings of $500 per year per camera when compared to current pricing. Flock further offered that with execution of this lease renewal by the end of the calendar year, they would honor the $2,500 per camera per year price for any camera additions. Given the recently awarded $3.57M Organized Retail Theft (ORT) Grant, approved by City Council on October 10, 2023, includes funding for 36-month leases for 60 Flock LPR cameras, executing this lease extension will result in a savings of $30,000 per year for the ORT Grant-funded LPR leases.

The Police Department will pay for the initial 2-years of the LPR camera lease agreement with $27,621 in current fiscal year budgeted funds along with the $72,379 allocation from the 2023 JAG Grant. The Police Department will work to identify funding for the $50,000 per year cost for lease years 3-5, but will maintain $150,000 in Asset Forfeiture funds to ensure the lease costs are covered.

As Flock Safety is the sole manufacturer and developer of the Flock Safety Camera, and here are no local vendors available to provide this service. The City Council has the authority to approve this direct purchase under Salinas Municipal code Section 12-27 and without application of the local purchasing preference pursuant to Salinas Municipal Code Section 12-28.080.

Page | 4

POLICE COMMUNITY ADVISORY COMMITTEE
On November 29, 2023, the Police Chief discussed the acceptance of the 2023 JAG and the intent to use grant funds to support the 60-month lease extension of 20 Flock LPR cameras during his Chief’s Report to the Police Community Advisory Committee. The Committee had an opportunity to ask questions and provide comments or concerns in response to this grant award and LPR lease.

CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

Approving the proposed Resolution will support the City Council’s Strategic Plan Goal of Public Safety.

DEPARTMENTAL COORDINATION:

The Police Department has coordinated with the Legal Department on the MOU and Flock Group, Inc. LPR Lease, and will coordinate with the Legal and Finance Department during implementation.

FISCAL AND SUSTAINABILITY IMPACT:

The recommended action will recognize and appropriate 2023 JAG Grant funding in the amount of $72,379 for the LPR camera lease agreement. The additional $27,621 is available and appropriated in 1000.40.4130.

ATTACHMENTS:

Resolution 1 – 2023 JAG Acceptance and MOU
Resolution 2 – 2023 JAG Flock
Memorandum of Understanding (MOU) – 2023 JAG
Flock – Existing Camera Renewal
RESOLUTION NO. __________________ (N.C.S.)
A RESOLUTION ACCEPTING THE 2023 JUSTICE ASSISTANCE GRANT AND THE

EXECUTION OF A MEMORANDUM OF UNDERSTANDING RELATED TO THIS FUNDING WHEREAS, the United States Department of Justice, Bureau of Justice Assistance (BJA) has established the annual Edward Byrne Memorial Justice Grant (JAG) Program to assist local governments in their efforts to prevent and to control crime and to improve the criminal justice system; and
WHERAS, the BJA has determined that the City of Salinas and other local jurisdictions are jointly eligible to apply for and to receive funding through the annual JAG Program, which will allow the City and those other jurisdictions to support a broad range of activities to prevent and to control crime based on their own local needs and conditions; and WHEREAS, the total grant allocation is $92,532, with the City of Salinas portion of $72,379 and the County of Monterey portion, as a disparate agency, of $20,153; and WHEREAS, the City and the County of Monterey are obligated to enter into a Memorandum of Understanding in order to maintain their eligibility to apply for and to receive JAG Program funds.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the City Manager and the Chief of Police, or their designees, to accept funding in the amount of $92,532, including the execution of all grant acceptance documents; and BE IT FURTHER RESOLVED that the Salinas City Council authorizes the establishment of the 2023 JAG appropriation of $92,532 and corresponding revenue budget to support grant activities; and
BE IT FURTHER RESOLVED that the Salinas City Council authorizes the City Manager to enter into a Memorandum of Understanding between the City of Salinas and the County of Monterey for the 2023 Edward Byrne Memorial Justice Assistance Grant.

PASSED AND APPROVED this 5
th day of December 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
___________________________________
Kimbley Craig, Mayor
ATTEST:
__________________________
Patricia M. Barajas, City Clerk
RESOLUTION NO. (N.C.S.)

RESOLUTION AUTHORIZING THE LEASE OF LICENSE PLATE READER (LPR) CAMERAS FROM FLOCK GROUP, INC.

WHEREAS, cameras and License Plate Reader (LPR) technology are useful tools used by police agencies to help solve crimes; and
WHEREAS, the Salinas Police Department initially entered into a lease for 20 LPR cameras from Flock Group, Inc. in December 2021, and that lease is due for renewal during the current fiscal year; and
WHERAS, the Salinas Police Department can extend the initial lease at the cost of $2,500 per camera per year which is a savings of $500 per camera per year, with the option to add additional cameras at the same reduced cost; and
WHEREAS, the Salinas Police Department would like to enter into a 60-month lease to include the initial 20 LPR cameras from Flock Group, Inc. to be maintained throughout the City.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the City Manager to execute a 60-month Services Agreement to include the lease of 20 LPR cameras from Flock Group, Inc. for a total cost not to exceed $250,000.

PASSED AND APPROVED this 5th day of December, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
______________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
2023 Local Solicitation JAG Program Page 1 of 5
County-City MOU

MEMORANDUM OF AGREEMENT

BETWEEN THE CITY OF SALINAS AND COUNTY OF MONTEREY
2023 LOCAL SOLICITATION:

EDWARD BYRNE MEMORIAL

JUSTICE ASSISTANCE GRANT (JAG) PROGRAM

RECITALS
This Agreement is made and entered into this December 5, 2023, by and amongst the City of Salinas and the County of Monterey, in support of the parties’ FY 2023 Local Solicitation award for an Edward Byrne Memorial Justice Assistance Grant (JAG) from the Bureau of Justice Assistance (BJA), U.S. Department of Justice.

WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of the Agreement is in the best interest of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and
WHEREAS, the City of Salinas and County of Monterey are to receive a disparate allocation of JAG funds in the total amount of $92,532; and WHEREAS, the City of Salinas and County of Monterey have submitted a joint application for the aggregate of funds to be allocated to them, specifying the amount of the funds that are to be distributed to each of them, and the purposes for which the funds will be used; NOW, THEREFORE, the City of Salinas and County of Monterey agree as follows:

TERMS

1. Application for JAG Funds. The City of Salinas and County of Monterey are certified by BJA as disparate and submitted a joint application on August 31, 2023, for the aggregate of funds to be allocated to them, specifying the amount of the funds that are to be distributed to each of them, and the purposes for which the funds will be used.

2. Federal Award and Subrecipient Information. The City of Salinas has approved for the Federal award as indicated below.
 Federal Award Identification: 2023 BJA FY 23 Edward Byrne Memorial Justice Assistance Grant (JAG) Program – Local Solicitation
 Subrecipient Name: County of Monterey
 Subrecipient’s DUNS/UEI Number: __________________
 Federal Award Identification Number (FAIN): 15PBJA-23-GG-03168-JAGX 2023 Local Solicitation JAG Program Page 2 of 5
County-City MOU
 Federal Award Date: 09/26/2023
 Subaward Period of Performance Start and End Date: 10/01/2022 – 09/30/2026  Amount of Federal Funds Obligated in this agreement: $92,532  Total Amount of Federal Funds Obligated to Subrecipient: $20,153  Total Amount of the Federal Award: $92,532
 Federal Award Project Description:

The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions.

Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation) and 8) mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams.

This JAG award will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. Funded programs or initiatives may include multijurisdictional drug and gang task forces, crime prevention and domestic violence programs, courts, corrections, treatment, justice information sharing initiatives, or other programs aimed at reducing crime and/or enhancing public/officer safety.

2. Allocation of JAG Funds. The City of Salinas and County of Monterey agree to apportion the total Local Solicitation JAG award of $92,532, in the following amounts:

City of Salinas, Salinas Police Department $ 72,379
County of Monterey, District Attorney’s Office $ 20,153

3. Fiscal Agent for Receipt and Distribution of JAG Funds. The City of Salinas shall be the Fiscal Agent for the receipt of JAG funds, and as Fiscal Agent, shall be responsible for the oversight of the administration and distribution of the JAG funds.

4. Authorized Uses and Grant Requirements of JAG Funds. The City of Salinas and County of Monterey agree to develop individualized spending plans as to each party’s respective grant allocation. The City of Salinas plans to use JAG funds to lease License Plate Readers (LPRs) to enhance capabilities to investigate and solve a variety of crimes. Monterey County plans to use JAG funds to purchase ballistic vests to be used by law enforcement officials and investigators within the District Attorney’s Office. Spending plan modifications are allowable if approved by the Office of Justice Programs. All parties to this Agreement, whether the actual grantee (the City of Salinas) or a subgrantee (the County of Monterey) shall comply with all requirements set forth in the 2023 Local Solicitation: Edward Byrne Memorial Justice Assistance Grant (JAG) Program and mandatory award terms and conditions set for by the Office of Justice Programs. 2023 Local Solicitation JAG Program Page 3 of 5
County-City MOU

5. Reporting Requirements of JAG Funds. Each party agrees to meet the reporting requirements of the JAG grant program, which requires detailed reporting, including reporting on subawards, not later than thirty calendar days after the end of each calendar quarter. In order for the Fiscal Agent to comply with the reporting requirements of the JAG program, all parties shall provide a quarterly report to the Fiscal Agent no later than twenty calendar days after the end of each calendar quarter.

6. Establishment of Trust Fund(s). As Fiscal Agent for the receipt and distribution of JAG funds, the City of Salinas shall establish a trust fund in which to deposit the JAG funds. At the City of Salinas’ discretion, the trust fund may or may not be an interest bearing account. The County of Monterey shall also establish a trust fund in which to deposit funds if they elect to receive JAG funds in advance.

7. Term of Agreement. This Agreement shall commence on October 1, 2023 and shall remain in full force and effect through the full appropriation of 2023 JAG funds.

8. Administrative Costs. The City of Salinas agrees to manage the Local Solicitation JAG funds, including submitting quarterly financial and progress reports as required by BJA, at no cost to the grant.

9. Limits on Liability. Nothing in the performance of this Agreement shall impose any liability for claims against the City of Salinas and County of Monterey other than claims for which liability may be imposed by the California Torts Claims Act; further, each party to this Agreement shall be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party.

10. Third Party Rights under Agreement. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.

11. Rights and Obligations under Agreement. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.

12. Termination. Unless otherwise terminated as provided in this Agreement, this Agreement will continue in effect through the full period of appropriation of 2023 Local Solicitation JAG funds.

13. Notices. Unless otherwise provided in this Agreement, any notice, request, consent, instruction, or other document to be given under this Agreement by the City of Salinas or County of Monterey to each other shall be in writing and shall be effective on the date received, as follows:

City of Salinas: County of Monterey:

Jim Pia, Interim City Manager Sonia M. De La Rosa, County Administrative Officer City of Salinas County of Monterey
200 Lincoln Avenue 168 W. Alisal St., 3rd floor
Salinas, CA 93901 Salinas, CA 93901
2023 Local Solicitation JAG Program Page 4 of 5
County-City MOU

14. Entire Agreement. This Agreement constitutes the entire agreement between the City of Salinas and County of Monterey relating to the 2023 Local Solicitation JAG funds and as the final expression of the parties with respect to the included terms and conditions, and as a complete and exclusive statement of the terms and conditions of the agreement. The City of Salinas and County of Monterey acknowledge that any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force unless it is in writing and signed by the City of Salinas and County of Monterey.

15. Modifications. No amendments to or changes to this Agreement may be made, except by a writing expressly authorized and signed by the City of Salinas and County of Monterey.

16. Severability. It is the intent of the parties that in the event that any provision herein is held to be invalid, the remaining provisions shall continue in full force and effect unless enforcement of this Agreement so modified would frustrate the purposes of this Agreement.

17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.

IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City of Salinas and County of Monterey have executed this Agreement on the date first written above.

City of Salinas
__________________________________
Jim Pia, Interim City Manager
APPROVED AS TO FORM:
__________________________________
Christopher A. Callihan, City Attorney
ATTEST:
__________________________________
Patricia Barajas, City Clerk
County of Monterey
__________________________________
Sonia M. De La Rosa
County Administrative Officer
2023 Local Solicitation JAG Program Page 5 of 5
County-City MOU
APPROVED AS TO FORM:
__________________________________
________________, County Counsel
Flock Safety + CA - City of Salinas
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:

Libby Landers
[email protected]
7022057467

EXHIBIT A

ORDER FORM
Customer: CA - City of Salinas Initial Term: 60 Months
Legal Entity Name: CA - City of Salinas Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 312 E Alisal St Salinas, California 93901 Billing Frequency: Annual - First Year at Signing.

Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $50,000.00
Flock Safety Flock OS
FlockOS ™ Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 20 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Subtotal Year 1: $50,000.00
Annual Recurring Subtotal: $50,000.00
Discounts: $50,000.00
Estimated Tax: $0.00
Contract Total: $250,000.00
Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $50,000.00
Annual Recurring after Year 1 $50,000.00
Contract Total $250,000.00
*Tax not included
Discounts
Discounts Applied Amount (USD)
Flock Safety Platform $50,000.00
Flock Safety Add-ons $0.00
Flock Safety Professional Services $0.00
Product and Services Description
Flock Safety Platform Items Product Description Terms
Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.

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

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

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

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

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

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

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

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

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

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

ESRI Based Map Interface
Flock Safety’s maps are powered by ESRI, which offers the ability for 3D visualization, viewing of floor plans, and layering of external GIS data, such as City infrastructure (i.e., public facilities, transit systems, utilities), Boundary mapping (i.e., precincts, county lines, beat maps), and Interior floor plans (i.e., hospitals, corporate campuses, universities)
Real-Time NCIC Alerts on Flock ALPR Cameras Alert sent when a vehicle entered into the NCIC crime database passes by a Flock camera Unlimited Custom Hot Lists Ability to add a suspect’s license plate to a custom list and get alerted when it passes by a Flock camera By executing this Order Form, Customer represents and warrants that it has read and agrees all of the terms and conditions contained in the Terms of Service located at https://www.flocksafety.com/terms-and-conditions/ L1/
The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA - City of Salinas
By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
PO Number:

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-729, Version: 1
Lease of License Plate Reader and PTZ Cameras from Flock Group, Inc.

Approve a Resolution authorizing the Interim City Manager to execute a 36-month Agreement for the lease of 60 Flock Safety Falcon LPR Cameras and 12 Flock Safety Condor PTZ Cameras for a total cost not to exceed $666,000.

City of Salinas Page 1 of 1 Printed on 11/30/2023
powered by Legistar™
Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: DECEMBER 5, 2023
DEPARTMENT: SALINAS POLICE DEPARTMENT
FROM: ROBERTO FILICE, CHIEF OF POLICE
BY: TONYA ERICKSON, POLICE SERVICES ADMINISTRATOR
TITLE: LEASE OF LICENSE PLATE READER (LPR) AND PTZ CAMERAS FROM FLOCK GROUP, INC.

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the City Manager to execute an Agreement to include the lease of 60 Flock Safety Falcon LPR Cameras and 12 Flock Safety Condor PTZ Cameras for a term not to exceed 60-months with a total cost not to exceed $948,000.

RECOMMENDATION:

Staff recommends that City Council authorize the City Manager to execute an Agreement to include the lease of 60 Flock Safety Falcon LPR Cameras and 12 Flock Safety Condor PTZ Cameras for a term not to exceed 60-months with a total cost not to exceed $948,000.

EXECUTIVE SUMMARY:

The Salinas Police Department received an Organized Retail Theft (ORT) Grant award of $3,573,307 from the Board of State and Community Corrections (BSCC), and award acceptance was approved by City Council on October 10, 2023. The grant award includes funds for LPR and PTZ camera systems from Flock Group, Inc., for a period of 36-months. Due to significant cost savings associated with a longer-term Agreement, the Department is requesting that City Council authorize the execution of a lease term not to exceed 60-months to include 60 Flock Safety Falcon LPR Cameras and 12 Flock Safety Condor PTZ Cameras for a total cost not to exceed $948,000 of which the first 36-months will be fully funded by the BSCC Organized Retail Theft Grant.

BACKGROUND:

The California Budget Act of 2022 (Senate Bill 154) established the Organized Retail Theft (ORT) Prevention Grant Program. Grant funds are to be used by local law enforcement agencies in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft. At the September 14, 2023, Board of State and Community Corrections Board Meeting, 31 City Police Departments and seven Sheriff’s Departments were awarded a total of Page | 2
$242,250,000 in ORT Prevention Funding. The Salinas Police Department was one of the awardees, receiving an award of $3,573,307 for the period October 1, 2023 through June 1, 2027.

The Salinas Police Department’s grant submission focused on the need to respond to the growing threat of organized retail crime and continuing high rate of motor vehicle theft. The project’s goal is to deter organized retail theft, identify and apprehend suspects, and recover stolen property to improve the safety of Salinas businesses, increase economic activity, improve quality of life, and enhance public safety in the City. The grant will fund the development of an Organized Retail Crime and Motor Vehicle Theft Prevention Program which will be technologically supported using merchandise tracking systems, license plate reader cameras, and computer forensic tools and equipment.

The ORT Grant award includes funds for 60 License Plate Reader (LPR) and 12 Pan, Tilt and Zoom (PTZ) camera systems from Flock Group, Inc. for a period of 36-months. The Salinas Police Department has utilized LPR technology since 2018 and it has proven to be a beneficial tool for identifying and locating stolen vehicles and other vehicles linked to criminal activity.

Flock’s LPR cameras capture date, time, location, license plate (state, partial, paper, and no plate), vehicle details (type and color), as well as objects (bicycle, animals, and people). The system alerts police of wanted vehicles which are identified by the system. The key benefits of Flock are that they charge an annual flat rate lease per camera, which is wireless, free of infrastructure setup, and has the option for solar or direct power. They also include a two-year warranty, Criminal Justice Information Services (CJIS) compliant cloud-based hosting, unlimited user licenses, ongoing software enhancements, camera setup, mounting, shipping, handling, and a cellular connection.

The Flock lease program prevents the City from being burdened with maintaining costly equipment at the end of the agreement, which could require replacement.

The ORT Grant requires the development of a formal Local Evaluation Plan which will include the use and benefit of the staffing and technology funded by the grant, including the LPR and PTZ cameras. This evaluation plan is in development, with a due date of April 1, 2024. In less than two years since first implementing Flock LPR cameras in the City, Salinas Police Officers have conducted 1,691 searches of the Flock system related to wanted vehicles, and Flock LPR cameras have alerted 3,456 times on wanted vehicles. The Police Department recently added a label to our Records Management System (RMS) to more easily identify cases for which LPR cameras were integral to the investigation and ultimately lead to an arrest. In reviewing the cases with an applied label, we were able to verify that LPR cameras have assisted in over 100 investigations involving missing persons, domestic violence, child abuse, human trafficking, robberies, shootings, and homicides. Below are four recent case examples:

1. In July 2022, a murder victim was found in her vehicle suffering from a gunshot wound.

The vehicle was in an area with few to no surveillance cameras and there were no witnesses. Flock LPR cameras were used to determine where the victim was just before the homicide and was one of the tools that ultimately led to the identification of the suspect.

2. In December 2022, a man was shot and killed in Salinas. Flock LPR cameras were used in combination with other digital evidence to identify the suspect who was eventually charged with murder.

Page | 3

3. In February 2023, three armed suspects entered an apartment and conducted a home invasion robbery. Flock was the only tool available that led to identifying a suspect and arresting him for the robbery.

4. In April 2023, a victim was raped by a suspect who had slipped a date rape drug into her water. Detectives were not able to locate the suspect and the only lead was that the suspect’s vehicle drove by a Flock LPR camera every day at a specific time. Detectives were able to monitor the area at the designated time to successfully stop and arrest the suspect.

The total cost for the 60-month Agreement is $948,000 of which the first 36-months will be fully funded by the ORT Grant. In mid-November 2023, the Department was contacted by Flock Group, Inc. with an offer to enter into an extension for a separate LPR camera lease at the price of $2,500 per camera per year, which is a savings of $500 per year per camera when compared to current pricing. Flock further offered that with execution of that lease renewal by the end of the calendar year, they would honor the $2,500 per camera per year price for any camera additions, including these ORT Grant-funded LPR cameras as long as the term for the new cameras was also 60- months. Assuming that separate lease extension is approved by City Council via a separate action, entering into an Agreement for 60-months will result in a cost savings of $30,000 per year for these additional ORT-funded LPR cameras. The initial 36-month period is fully funded by the ORT Grant, and funding for the final 24-months will be requested as part of the annual budget appropriation process. Should future funding not be approved, the terms of the Flock Group, Inc.

Agreement include a non-appropriation clause which states the Agreement is conditioned on the availability of funds appropriated for that purpose, thus the City has the right to terminate the Agreement with 30-days written notice without penalty or cost. For these reasons, the Department is requesting authorization for the City Manager to enter into an Agreement to include 60 Flock Safety Falcon LPR Cameras and 12 Flock Safety Condor PTZ Cameras for a term not to exceed 60-months with a total cost not to exceed $948,000.

As Flock Safety is the sole manufacturer and developer of the Flock Safety Camera Systems, and here are no local vendors available to provide this service. The City Council has the authority to approve this direct purchase under Salinas Municipal code Section12-27 and without application of the local purchasing preference pursuant to Salinas Municipal Code Section 12-28.080.

POLICE COMMUNITY ADVISORY COMMITTEE
The Department gave a presentation to Police Community Advisory Committee (PCAC) related to the ORT Grant on September 27, 2023. The Department further discussed the ORT Grant leases and purchases, including the Flock Safety cameras, during the Chief’s Report on October 25, 2023.

The Committee had an opportunity to ask questions and provide comments or concerns in response to the ORT Grant award and the technology leases and purchases.

CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

Page | 4
STRATEGIC PLAN INITIATIVE:

Approving the proposed Resolution will support the City Council’s Strategic Plan Goal of Public Safety.

DEPARTMENTAL COORDINATION:

The Police Department has coordinated with the Legal Department on Agreement with Flock Group, Inc., and will coordinate with the Finance Department during implementation.

FISCAL AND SUSTAINABILITY IMPACT:

The BSCC Organized Retail Theft Grant is intended to fund the initial 36-months of the Agreement for the lease of the cameras identified in this staff report. The corresponding award and projected expenses will be included in future budget appropriations.

ATTACHMENTS:

Resolution – Flock Cameras for ORT Grant
Flock – ORT Expansion
RESOLUTION NO. (N.C.S.)

RESOLUTION AUTHORIZING THE LEASE OF LPR AND PTZ CAMERAS FROM FLOCK GROUP, INC.

WHEREAS, the Salinas Police Department received an Organized Retail Theft (ORT) Prevention Grant for $3.57M to respond to the growing threat of organized retail crime and continuing high rate of motor vehicle theft; and
WHEREAS, the ORT Grant includes funds to support the lease of 60 License Plate Reader (LPR) and 12 Pan, Tilt and Zoom (PTZ) cameras for a period of 36-months; and WHERAS, the Salinas Police Department will achieve significant savings by executing an Agreement for a 60-month term, with the understanding that funding is subject to annual budget appropriations.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the City Manager to execute an Agreement for a lease to include 60 Flock Safety Falcon LPR cameras and 12 Flock Safety Condor PTZ cameras from Flock Group, Inc. for a term not to exceed 60- months with a total cost not to exceed $948,000.

PASSED AND APPROVED this 5th day of December, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
______________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
Flock Safety + CA - City of Salinas
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:

Jake Sherman
[email protected]
8187467444

ORDER FORM
This order form (“Order Form”) hereby incorporates and includes the terms of the previously executed agreement (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.

This additional services Agreement will be effective when this Order Form is executed by both Parties (the “Effective Date”) Customer: CA - City of Salinas Initial Term: 60 Months
Legal Entity Name: CA - City of Salinas Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 312 E Alisal St Salinas, California 93901 Billing Frequency: Annual Plan - First Year Invoiced at Signing.

Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $186,000.00
Flock Safety Flock OS
FlockOS ™ Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 60 Included
Flock Safety Video Products
Flock Safety Condor ™ PTZ w/ LTE Service Included 12 Included Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Existing Infrastructure
Implementation Fee $150.00 60 $9,000.00
Condor Professional Services - Standard
Implementation Fee $750.00 12 $9,000.00
Subtotal Year 1: $204,000.00
Annual Recurring Subtotal: $186,000.00
Discounts: $150,000.00
Estimated Tax: $0.00
Contract Total: $948,000.00
Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $204,000.00
Annual Recurring after Year 1 $186,000.00
Contract Total $948,000.00
*Tax not included
Discounts
Discounts Applied Amount (USD)
Flock Safety Platform $150,000.00
Flock Safety Add-ons $0.00
Flock Safety Professional Services $0.00
Product and Services Description
Flock Safety Platform Items Product Description Terms
Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.

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

Flock Safety Condor™
Flock’s pan, tilt, zoom (PTZ) or fixed cameras which capture video footage with the option to stream live video, capture and view video recordings, and upload videos.

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

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

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

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

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

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

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

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

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

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

ESRI Based Map Interface
Flock Safety’s maps are powered by ESRI, which offers the ability for 3D visualization, viewing of floor plans, and layering of external GIS data, such as City infrastructure (i.e., public facilities, transit systems, utilities), Boundary mapping (i.e., precincts, county lines, beat maps), and Interior floor plans (i.e., hospitals, corporate campuses, universities)
Real-Time NCIC Alerts on Flock ALPR Cameras Alert sent when a vehicle entered into the NCIC crime database passes by a Flock camera Unlimited Custom Hot Lists Ability to add a suspect’s license plate to a custom list and get alerted when it passes by a Flock camera By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the previously executed agreement. The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA - City of Salinas
By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
PO Number:

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-732, Version: 1
Funding Agreement with the Housing Authority of the County of Monterey for the United Way Housing Stabilization Program
Approve a Resolution authorizing the Interim City Manager or designee to execute a Subgrantee Funding Agreement between the City of Salinas and Housing Authority of Monterey County to implement a Community Impact Housing Stabilization Program in an amount not to exceed $331,000.

City of Salinas Page 1 of 1 Printed on 11/30/2023
powered by Legistar™
Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: DECEMBER 5, 2023
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: LISA BRINTON, DIRECTOR
THROUGH: ROD POWELL, ASSISTANT DIRECTOR
BY: BEATRIZ TRUJILLO, COMMUNITY DEVELOPMENT ANALYST
TITLE: SUBGRANTEE FUNDING AGREEMENT BETWEEN THE CITY

OF SALINAS AND THE HOUSING AUTHORITY OF THE

COUNTY OF MONTEREY FOR A COMMUNITY IMPACT

HOUSING STABILIZATION PROGRAM
RECOMMENDED MOTION:

It is recommended that the Salinas City Council approve a Resolution authorizing the City Manager or designee to execute a Subgrantee Funding Agreement between the City of Salinas and Housing Authority of Monterey County to implement a Community Impact Housing Stabilization Program in an amount not to exceed $331,000.

EXECUTIVE SUMMARY:

On June 20, 2023, the City Council approved Resolution No. 22709 authorizing the reclassification of $870,000 of previously allocated United Way of Monterey County (UWMC) Emergency Rental Assistance Program (ERAP) funds to a new Housing Stabilization (HS) fund. Subsequently, the City has executed the applicable Community Impact Agreement for Housing Stabilization with United Way Monterey County solidifying the intended reclassification of funds and diversification of services within an extended expenditure term.

In support of its HS programming, the City is seeking to enter into a $331,000 Subgrantee Funding Agreement with the Housing Authority of the County of Monterey (HACM) to provide much needed and currently unfunded support for households currently holding a Section 8 Housing Choice voucher that are unable to afford required security deposits and other initial moving costs.

BACKGROUND:

In 2021, through the UWMC’s administration of funds, initially allocated to the County of Monterey, the City was awarded two rounds of U.S. Department of Treasury and the California Department of Housing and Community Development ERAP funding, totaling more than $15,000,000 with an expiration date of September 30, 2023.

Page | 2
Since its inception in early 2021, the City’s ERAP has processed 3,900 payments to effectively resolve rental and utility arears for 1,641 unique households. Since the beginning of 2023, the ERAP program experienced a decrease in requests for arrears assistance. In consideration of the noticeable decline, UWMC requested that the City consider reallocating $870,000 of its $1,151,863 ERAP balance as of June 2023 for HS services. To support this shift in programming expenditure timelines would be extended through to July 31, 2025.

In response, on June 20, 2023, Council approved staff’s recommendation to execute a new Community Impact Agreement with UWMC to repurpose and diversify a large portion of its remaining ERAP funds to a newly allowed HS program. In furtherance of its HS program, the City is now seeking to execute the proposed $331,000 Subgrantee Funding Agreement with HACM to support households seeking to use a Section 8 Housing Choice voucher with vital security deposit and initial moving cost supports that are otherwise unavailable in our community.

The remaining $539,000 of City HS funding will be used to support an internal Homeless Housing Navigation and Stabilization Program (HHNSP) to be managed within the City’s internal homeless services platform.

DEPARMENT COORDINATION:

Coordination and collaboration of this item has been led by the City’s Community Development Department Housing and Community Development Division in consultation and partnership with the City Attorney and Finance Department.

CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

The City’s HS program and proposed Subgrantee Funding Agreement with HACM are intended to provide significant financial support for low/moderate income households to secure permanent suitable housing. In doing so, this item supports City Council Strategic Plan 2022-2025 Goals and Strategies of Housing/Affordable Housing.

FISCAL AND SUSTAINABILITY IMPACT:

Funding is available and appropriated in the United Way fund 3186.30.3240.

ATTACHMENTS:

Resolution
Funding Agreement - HACM Draft
Approved Resolution No. 22709
Community Impact Grant Agreement – Housing Stabilization 1 RESOLUTION NO. (N.C.S.)

A RESOLUTION APPROVING A SUBGRANTEE FUNDING AGREEMENT

BETWEEN THE CITY OF SALINAS AND THE HOUSING AUTHORITY OF THE

COUNTY OF MONTEREY FOR THE UNITED WAY HOUSING STABILIZATION

PROGRAM
WHEREAS, in 2021, through the United Way Monterey County’s (UWMC) administration of funds, initially allocated to the County of Monterey, the City was awarded two rounds of U.S. Department of Treasury Emergency Rental Assistance Program (ERAP) funds, totaling more than $15,000,000 with an expiration date of September 30, 2023; and WHEREAS, since January 2023, the City has experienced a decline in arrears assistance requests from eligible applicants for ERAP activities, and the City identified $1,151,863 of ERAP funds which could remain unspent by the end of the term; and WHEREAS, UWMC created a new Housing Stabilization (HS) fund to reclassify existing ERAP funds, extend the term of the funding and focus on assisting renters in accessing and securing stable housing through the provision of landlord incentives, security deposits, rental application fees and other moving costs; and
WHEREAS, on June 20, 2023, the City Council approved Resolution No. 22709 to execute a new Community Impact Grant Agreement which reclassified $870,000 of ERAP available funds to provide HS services, and extend the term of the funds, and WHEREAS, on October 1, 2023, the City executed a new Community Impact Agreement with UWMC to reclassify $870,000 of ERAP funds to a new HS fund which allows the City to expand and diversify its scope of available services and supports to renters, landlords, and service providers through June 30, 2025; and
WHEREAS, the City allocated $539,000 of its HS funds to establish a Homeless Housing Navigation and Stabilization Program (HHNSP) to be managed within the City’s internal homeless services platform; and
WHEREAS, in furtherance of its HS program, the City is now seeking to execute the proposed $331,000 subgrantee Funding Agreement with HACM to support Section 8 Housing Choice voucher households with vital security deposit and initial moving cost assistance otherwise unavailable in our community; and
WHEREAS, the City seeking to execute the proposed $331,000 subgrantee Funding Agreement to assist in fulfilling HACM's request as the City has determined that directing HS funds to support HACM aligns with the program's objectives; and WHEREAS, by entering into a subgrantee Funding Agreement with HACM the City will provide additional financial assistance for households currently holding a Section 8 Housing Choice voucher that are unable to afford required security deposits and other initial moving costs. 2 NOW, THEREFORE, BE IT RESOLVED, that the Salinas City Council, on behalf of the City of Salinas, hereby authorizes the City Manager or designee to execute a subgrantee Funding Agreement between the City of Salinas and the Housing Authority of the County of Monterey for the United Way Housing Stabilization Program in an amount not to exceed $331,000 and initiate and execute any modifications or other necessary amendments to the Funding Agreement as needed; and
PASSED AND APPROVED this 5
th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
______________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
1 FISCAL YEAR 2023-24

FUNDING AGREEMENT BETWEEN

THE CITY OF SALINAS AND

THE HOUSING AUTHORITY OF THE

COUNTY OF MONTEREY
2 This is an official document.

Do not make any changes to this document EXCEPT to modify your signature block on the last page as needed.
3 FISCAL YEAR 2023-24

FUNDING AGREEMENT BETWEEN

THE CITY OF SALINAS AND

THE HOUSING AUTHORITY OF THE COUNTY OF MONTEREY

FOR THE

UNITED WAY HOUSING STABILIZATION PROGRAM
Agreement Number: 23UWHS01
Table of Contents
PART I - AGREEMENT................................................................................................................ 6 Section 1. Definitions ................................................................................................................. 6 Section 2. Term........................................................................................................................... 6 Section 3. Scope of Service ........................................................................................................ 6 Section 4. Funding ...................................................................................................................... 8 Section 4A. United Way Requirements.................................................................................... 10 Section 4B. Other Program Requirements................................................................................ 11 Section 5. Records and Reports................................................................................................ 13 Section 6: Indemnity; Insurance ............................................................................................... 13 Section 7. Subcontracts............................................................................................................. 16 Section 9. National Flood Insurance Program.......................................................................... 16 Section 10. Lead-Based Paint ................................................................................................... 16 Section 11. Amendment............................................................................................................ 17 Section 12. Assignment ............................................................................................................ 17 Section 13. Suspension and Termination.................................................................................. 17 Section 14. Terms and Conditions............................................................................................ 18 PART II - SUPPLEMENTAL GENERAL CONDITIONS ......................................................... 19 Section 1. Program Income....................................................................................................... 19 Section 2. Uniform Administrative Requirements ................................................................... 19 Section 3. Title VI of the Civil Rights Act of 1964.................................................................. 19 Section 4. Land Covenants ....................................................................................................... 20 Section 5. Executive Order No. 11063 ..................................................................................... 20 Section 6. Nondiscrimination ................................................................................................... 20 Section 7. Affirmative Action................................................................................................... 22 Section 8. Business and Employment Opportunities for Lower-Income Residents................. 24 Section 9. Labor Standards....................................................................................................... 24 Section 10. Acquisition and Rehabilitation of Real Property and Displacement of Persons and Businesses................................................................................................................................. 24 Section 11. Conflict of Interest ................................................................................................. 24 Section 12. Reversion of Assets ............................................................................................... 25 Section 13. Lobbying Prohibited .............................................................................................. 25 Section 14. Faith-based Activities............................................................................................ 26 Section 15. Audits and Inspections........................................................................................... 26 Section 16. United Way of Monterey County Requirements................................................... 27 Section 17. Prohibition Against Payment of Bonus or Commissions ...................................... 27 Section 18. Copyrights.............................................................................................................. 27 4 Section 19. Patents.................................................................................................................... 27 Section 20. Political Activity Prohibited .................................................................................. 27 Section 21. Board of Directors ................................................................................................. 28 Section 22. Notices................................................................................................................... 28 Section 23. Legal Representation ............................................................................................. 28 Section 24. Joint Representation............................................................................................... 28 Section 25. Warranty of Authority ........................................................................................... 28 Section 26. No Waiver of Rights.............................................................................................. 28 Section 27. Counterparts........................................................................................................... 29 Section 28. No Third-Party Rights ........................................................................................... 29 Section 29. Modification........................................................................................................... 29 Section 30. Severability ............................................................................................................ 29 Section 31. Further Assurances ................................................................................................ 29 Section 32. Entire Agreement................................................................................................... 29 Section 33. Rights and Obligations........................................................................................... 29 Section 34. Attorney Fees......................................................................................................... 29 Section 35. Credit for UWMC Funding and City of Salinas.................................................... 30 Section 36. Compliance with Laws .......................................................................................... 30 Section 37. Close-outs .............................................................................................................. 30 Section 38. Historic Preservation.............................................................................................. 30 EXHIBIT A – Budget............................................................................................................... 32 EXHIBIT B - SCOPE OF WORK & ADDITIONAL GOALS ............................................... 33 EXHIBIT C – SMART REFERRAL SOFTWARE DATA SHARING AND USER AGREEMENT BETWEEN UWMC AND SUBGRANTEE................................................... 34 5 FISCAL YEAR 2023-24

FUNDING AGREEMENT BETWEEN

THE CITY OF SALINAS AND

THE HOUSING AUTHORITY OF THE COUNTY OF MONTEREY

FOR THE

UNITED WAY HOUSING STABILIZATION PROGRAM
Agreement Number: 23UWHS01
This United Way of Monterey County (UWMC) Funding Agreement (Agreement), made and entered into this 15th day of October 2023, by and between the City of Salinas, a charter city and municipal corporation, (City), and, The Housing Authority of the County of Monterey (HACMC), a California Quasi-Federal 501(C)(3), with a Unique Entity Identifier (UEI) number L47YWN9ZZD85 (hereinafter referred to as "Subgrantee").

RECITALS
WHEREAS, in 2021, through the United Way Monterey County’s (UWMC) administration of funds, initially allocated to the County of Monterey, the City was awarded two rounds of U.S. Department of Treasury Emergency Rental Assistance Program (ERAP) funds, totaling more than $15,000,000; and
WHEREAS, in late 2022, the City’s ERAP experienced a decline in support requests from eligible applicants, and UWMC established a new, allowable Housing Stabilization expense for these funds; and
WHEREAS, UWMC requested that the City transition $870,000 of its current ERAP balance to establish a newly allowed Housing Stabilization Program; and WHEREAS, on June 20, 2023, the City Council approved the Resolution No. 22709 to reclassify ERAP available funds to the Housing Stabilization Program, and WHEREAS, on October 1, 2023, the City amended its Community Impact Agreement with UWMC to create a new Housing Stabilization Program fund; and WHEREAS, the new amendment to the Community Impact Agreement for Housing Stabilization allowsthe City to provide Housing Stabilization support through June 30, 2025, while diversifying the scope of services and additional resources available to renters, landlords, and service providers; and
WHEREAS, by entering into the UWMC Funding Agreement with HACM the City will bolster its ability to house families that have been issued a housing choice voucher but are unable to afford required security deposits and other initial move-in expenses required to obtain permanent housing; and
6 WHEREAS, City’s Resolution No. _______ provides authorization for the City to enter into this $331,000 subrecipient Funding Agreement with HACM; and WHEREAS, the Subgrantee agrees to adhere to the regulations set forth by UWMC and the City as described in this Agreement; and
NOW, THEREFORE, in consideration of mutual covenants and agreements contained herein, the parties hereto agree as follows:

PART I - AGREEMENT
Section 1. Definitions
Except to the extent modified or supplemented by this Agreement, shall have the same meaning when used herein.
a. “Subgrantee” shall mean an entity, whether public or private, which has the responsibility for administering a project or activity meeting the criteria specified UWMC and the City. b. “UWMC” is the acronym to refer to Monterey County Monterey County. c. “HACM” is the acronym used to refer to The Housing Authority of the County of Monterey.
d. “City” refers to the City of Salinas.
e. “Housing Stabilization” means providing financial assistance in the form of rental application fees, security deposits or owner incentives for Section 8 recipients to obtain and/or retain suitable housing.
f. “Housing Navigation” means to provide logistical and housing support to households preparing to move into permanent housing by offering access to a case manager to identify housing barriers and needs and create an action plan.
g. “Proposal" means the agency’s application submitted to the City of Salinas requesting UWMC Housing Stabilization funding.
h. “Project” means an awarded program.
i. “SRN” means Smart Referral Network and is the portal used by UWMC for client intake and referrals.

Section 2. Term
The work under this Agreement shall commence October 15, 2023, and shall be completed by May 30, 2025, unless City grants a written extension of time set forth in this Agreement.

Section 3. Scope of Service
This Agreement, including the attached budget, Exhibit A and Exhibit B- Scope of Work and Project Goals, herein made part of this agreement, is to be performed in accordance with Subgrantee’s FY 2023-24 Funding Proposal/ ("Proposal") dated June 30, 2023, and addendums as applicable, on file at the City of Salinas, Community Development Department-Housing Division, and incorporated herein by this reference.
7 a. Activities
The subgrantee will be responsible for administering funds for the Housing Stabilization Program in a manner satisfactory to the City Regulations. Such program will include the following activities eligible under the UWMC Housing Stabilization Program:
1) Housing Stabilization Financial Assistance
2) Housing Navigation & Case Management
3) Smart Referral Network Referrals
b. Components and Objectives
1) Assist Section 8 recipients to obtain and/or retain suitable stable housing. 2) Provide owner incentives to landlords who agree to lease their units to Section 8 recipients.
3) Provide financial assistance in the form of rental application fees and security deposits.
4) Provide essential supportive services and referrals, in support of housing placement and housing retention.
c. Levels of Accomplishment-Goals and Performance Measures The levels of accomplishment are referenced in Exhibit B – Scope of Work and Project Goals and herein made part of this agreement. HACM staff will use the Smart Referral Network (SRN) to track service provision to program participants. The SRN software is operated by UWMC and captures data points, as noted in Exhibit C. HACM staff will use City Data Services to submit Activities and Expenditures Reports. The levels of accomplishment are referenced in Exhibit B – Scope of Work and Project Goals and herein made part of this agreement. d. Staffing
The list of staff and time commitments to be allocated to each activity are included in the “Manage Staff List” section in City Data Services (CDS). Any changes in the Key Personnel assisted or their general responsibilities under this project are subject to the prior approval of the Subgrantee and the City must be contacted if any key personnel changes occur during the grant cycle. A Staff Chart shall be uploaded to CDS at the start of the grant cycle and updated as needed.

An awarded Project must maintain adequate staffing throughout the award period. The Project cannot exceed a 20% staff vacancy (or more) for no longer than one (1) quarter in duration.

Principals and/or designated Co-Principals are responsible for ensuring continuity of objectives and services during periods of staff vacancy. Project Organizational Chart illustrating staff composition, initially filed in association with the Final Project Budget, must be updated/resubmitted to the City upon change. Please note, if the Final Project Budget and Scope indicate a funded position is fully designated, the Agency may not utilize said Staff on other Projects. The Project staff must receive the appropriate Smart Referral Network (SRN) and City Data Services (CDS) training within (60) days of start of services to comply with the grant’s reporting requirements.
e. Performance Monitoring
8 The City will monitor the performance of the Subgrantee against goals and performance standards as stated above on a monthly and annual basis. Subgrantee will upload expense and activity reports as mentioned in Section 4d which staff will review to assure compliance with program regulations.

If Subgrantee fails to perform as determined by the City, this will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subgrantee within a reasonable period of time after being notified by the City, contract suspension or termination procedures will be initiated, and the City may be required to request the Subgrantee to reimburse funds mismanaged or misspent back to the appropriate originating entity.

Section 4. Funding
Purpose:

The Subgrantee hereby agrees to provide to the City the services as described in Exhibit B - Scope of Work and Project Goals of this agreement.

The funds to be used by the City for the payments to Subgrantee hereunder are Community Impact funds received under a grant from the United Way Monterey County. a. Maximum Compensation: It is expressly understood that the total compensation to be paid to Subgrantee under this Agreement for services rendered shall not exceed Three Hundred and Thirty-One Thousand ($331,000.00).

It is specifically understood and agreed by Subgrantee that the funds herein authorized for the programs, projects, and services to be undertaken and performed pursuant to this Agreement constitute all of the money presently available for the purpose of this Agreement; that future additional funding of any such programs, projects, or services beyond the term of this Agreement, by any new Agreement or amendment or extension of this Agreement, will depend not only upon the satisfactory performance of this Agreement by Subgrantee, but also upon the availability to City of grant funds allocated for such purposes; that neither City, nor any employee of City, has made any promise or commitment, expressed or implied, that any additional funds will be paid or made available to Subgrantee for the purpose of this Agreement over and above the funds expressly allocated thereto under the terms herein.

Subgrantee is advised that because additional funding may not be available beyond the term of this Agreement for the completion of any unfinished project or the continuation of any ongoing program or service, Subgrantee is expected to structure and conduct each project and program in such manner that it may be readily completed or terminated with the minimum of waste or loss in the event no further funding thereof is available.
c. Use of Funds: The Subgrantee shall administer its program in conformance with 2 CFR 200, “Cost Principles for Non-Profit Organizations”. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. d. Method of Payment: City agrees to pay, and Subgrantee agrees to accept as full and fair consideration for the performance of this Agreement, Three Hundred Thirty-One Thousand Dollars, and Zero Cents ($331,000.00), as more fully described in title of Subgrantee’s fee Budget, Exhibit A. Agreement will be covered using Community Impact Grant funds.

Subgrantee has no right of reimbursement for expenses under this Agreement. Payment of compensation will become due and payable 60 days after the City approves the execution of the Subgrantee’s Agreement, and it will be provided as a one-time lump sum payment.

If City determines that the work set forth in the monthly expense reports has not been 9 performed in accordance with the terms of this Agreement, the Subgrantee shall remove unapproved expenditures from grant charges. The Subgrantee will submit monthly “Expense Reports” through the City’s online data management system (www.citydataservices.net). City staff will review and ensure that the monthly expenses are eligible costs and activities covered by this Agreement.

All costs shall be supported by properly executed redacted invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges while in compliance with the Personally Identifying Information (PII) Policy.

Subgrantees are responsible to redact all backup documentation pertaining to client information and replacing it with client’s SRN application number for all clients receiving direct assistance or another method agreed upon the City and HACM. All checks, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible upon request by City and UWMC, or designated agents thereof.
e. Financial Management and Accounting Standards
Subgrantee shall use funds only for authorized budget item(s) and the expenses shall be reviewed and approved by City's Planning Manager (Housing Division) or his or her designee. Expense Reports are due on the tenth (10th) day of each month. Should the 10th fall on a weekend or holiday, the Subgrantee is responsible to provide their reports prior to the weekend or holiday. Agencies that miss City submittal deadlines more than two times in one fiscal year shall be disqualified from submitting a funding proposal for the following year per the Public Services Funding Parameters adopted by Salinas City Council on May 21, 2013. “Expense Report” submitted incorrectly, without being redacted, or without the completed “Activity Report” shall be returned to Subgrantee by City. Approval shall only be granted for expenses incurred or services provided during the period commencing October 15, 2023, and ending May 30, 2025. Expenses incurred after May 30, 2025, shall not be covered with these funds.

The Subgrantee may request an extension for the completion of the proposed scope of work, however, it may not be granted. The Extension Request may only be approved on a case-by-case basis, only upon written request, and after City is granted approval by UWMC. Subgrantee shall email extension request to City’s grant administration for consideration and if approved, request shall be uploaded on the City Data Services (CDS) website at www.citydataservices.net.

Upon written request by Subgrantee, the Planning Manager may authorize such extension request, provided all UWMC and City requirements are met. Upon review of the Request for Extension form, the Planning Manager will provide a determination in writing to Subgrantee within fifteen (15) City of Salinas business working days.
f. End of Year Reporting The final report is due on May 30, 2025. The final report should include the following:
 Total number of households served.
 Number and type of housing or case management services provided.  Number of households who obtained or maintained housing.  $ amount of deposit assistance provided per household.  Number of Smart Referrals made to other services.
 Narrative report aggregating client Economic Mobility Continuum growth and 10 documenting program successes, challenges, and recommendations for additional supports, advocacy, and/or strategies.
 One anonymous Case Study Success Story that highlights how HACM has supported clients to achieve their Housing Stabilization goals.
 Describe any lesson learned and any organizational or programmatic changes made as a result of this work.
 A final expense report showing how funds were spent based upon the approved budget proposal.
g. Budget Modifications: Upon electronic submission of a “Budget Modification Request” by Subgrantee, City's Planning Manager (Housing Division) may authorize a budget revision only if the revision is between the same component. Budget Modifications reflecting adjustments between components will not be approved. Any budget revision executed shall not authorize the total compensation to be paid under this Agreement, as so modified, to exceed the amount shown above in Section 4, paragraph b. Such budget modifications shall be completed on the City Data Services (CDS) website at www.citydataservices.net. Because the City has required spending thresholds, any budget modification must be approved by the City in order to ensure the City meets the UWMC’s funding requirements.
h. Unexpended Funds: When a portion of the approved budget amount is not expended or encumbered, as per the approved budget within the Proposal (Exhibit A), the maximum compensation shall be automatically reduced by any unexpended portion unless otherwise indicated, in writing, by City's Planning Manager (Housing Division). i. Improperly Expended Funds: If City has reason to believe that any funds disbursed to Subgrantee under this Agreement were not expended in accordance with the terms and conditions hereof, City shall notify Subgrantee, in writing, of the facts or conduct which warrant(s) such belief and shall provide Subgrantee reasonable opportunity to demonstrate or achieve compliance with the terms of this Agreement. If Subgrantee fails to demonstrate such compliance to the satisfaction of City within the time specified, upon request by City, Subgrantee shall immediately refund to City the amount determined to be improperly expended. Monies refunded must come from non-UWMC resources.

The provisions of this paragraph shall be in effect during the terms of this Agreement and for three years thereafter, or until such time as UWMC shall have certified after audit, that all funds disbursed to Subgrantee under this Agreement were expended in accordance with the terms and conditions hereof. The Subgrantee would be required to re-pay any improperly spent funds to the City of Salinas.

Section 4A. United Way Requirements
Subgrantee shall comply with the following requirements of the Community Impact Grant from United Way Monterey County for the Housing Stabilization Program a. Subgrantee will support internal clients and/or clients referred by Smart Referral Network agencies directly from the Smart Referral Network (SRN) software. Upon receiving electronic notification, Subgrantee will log in to the SRN to retrieve client contact info.

Grantee will outreach to all clients referred within one week, provide a confidential intake, and a Smart Referral Network Economic Mobility Continuum (EMC) assessment. When 11 services are provided, Subgrantee will document in the SRN that the client was “enrolled”.

After 3 months, Subgrantee will complete a post EMC assessment documenting client improvement. An EMC assessment will be completed every 3 months thereafter until the client no longer received services.
b. SRN Referrals: Up to five HACM clients per month will receive smart referrals to other supportive services via the SRN. Services may include family assistance with food, health resources, utility assistance, financial literacy, childcare, employment coaching, and/or other services as needed.
c. Subgrantee is expected to visibly recognize UWMC in all appropriate places including, but not limited to marketing materials, websites, presentations to donors or community groups; using UWMC’s name or logo and following the organizational branding guidelines when communicating about the services made possible by this grant or doing interviews related to it. UWMC encourages Subgrantees to make announcements of grants upon receipt of the grant payment. UWMC also welcomes your photos reflecting services made possible by the grant.

Section 4B. Other Program Requirements
Subgrantee shall carry out each activity in compliance with all applicable laws and regulations as described below:

Monitoring Grant Activities:
a. City shall monitor the activities selected to ensure compliance with all UWMC requirements.
b. The City will monitor the performance of the Subgrantee based on a risk assessment and according to the terms of this Agreement.
c. If it is determined that the Subgrantee or any of its designees falsified any certifications, application information, financial, or contract report, the Subgrantee shall be required to immediately reimburse the full amount of the UWMC Community Impact Grant Award to the City and may be prohibited from any further participation in this program. d. As requested by the City, Subgrantee shall submit all documentation necessary to ensure that Subgrantee is in continued compliance with all UWMC Community Impact Grant Requirements and to determine if objectives listed in proposal are being meet. e. Substandard performance as determined by City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by Subgrantee within a specified period of time after being notified by City, contract suspension or termination procedures will be initiated.

Evaluation: The City reserves the right to survey Subgrantee’s clients. If the City elects to survey Subgrantee’s clients, the City will deliver questionnaires to the Subgrantee and the Subgrantee will distribute those questionnaires to Subgrantee’s clients. Subgrantee’s clients may then remit completed questionnaires directly to the City. The method of return to the City would be clarified during the evaluation process. To maintain Subgrantee’s protection of client confidentiality, City agrees that client surveys will not contain questions requiring the survey-taker to reveal any personally identifying client data. Following receipt of clients’ completed questionnaires, the City shall forward a summary of the results to the Subgrantee. 12 Disclosure of Confidential Client Information: City and Subgrantee will protect the confidentiality of all records pertaining to any individual served under this Agreement and will protect the disclosure of such documents, except as otherwise required under state or federal law or unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. Subgrantee expressly acknowledges that City is subject to the California Public Records Act and may, therefore, be obligated to disclose records pertaining to Subgrantee and its activities and services provided pursuant to this Agreement.

Depending on the nature or timing of the request, or future court decisions, records received by City pursuant to this agreement may not remain private and may be publicly disclosed. Given the nature of the applicable law under the California Public Records Act, City cannot guarantee or warrant that it will be able to keep submitted records confidential. Subgrantee therefore agrees to defend and indemnify City against any suit brought under the California Public Records act to obtain the records; otherwise, City shall not be obligated to defend such suit and may release the records.

Subgrantee shall comply with the Personally Identifying Information (PII) Policy.

Policies and Procedures: Subgrantees are required to produce specific policies and procedures, consistent with federal laws, statues, regulation, and City’s requirements. Program policies and procedures must include the use of the SRN; coverage area; participant eligibility; suite of services offered; staffing pattern; problem solving to include diversions and/or rapid exit; participants termination and grievance process. Assistance shall be tailored to each participant’s specific needs and housing barriers; implement best practices for returning participants experiencing housing instability via person centered practices that are tailored to each household.

VAWA Requirement: Violence Against Women Act (VAWA), reauthorized in 2013, expanded protections for victims of domestic violence, sexual assault, dating violence, and stalking in City programs. VAWA protections apply to all survivors regardless of age, sex, gender identity, race, national origin, familial status, disability, and sexual orientation, and extend to individuals affiliated with victim, including spouses, parents, siblings, children, and anyone residing in the household. VAWA protects City program participants against denial of assistance and termination of assistance or eviction based on survivor status and factors directly related to domestic violence, including job history, credit history, criminal history, or rental history. VAWA protections must be documented in the lease or rental agreement and provided to the participants served.

A. VAWA Rule Components: A participant cannot be denied assistance, terminated from a program, or evicted based on a status as a victim of domestic violence, sexual assault, dating violence, and stalking. An applicant cannot be denied access to housing or evicted based on factors directly related to the victimization, such as job history, credit history, criminal record, or rental history.

Notice of Occupancy Rights: A VAWA Notice of Occupancy Right and Victim Self-Certification Form (HUD Form-5380) must be given to a tenant by the Subgrantee when:

1. A program participant applies and is admitted to permanent housing or transitional housing.

2. An individual or family applies and is denied permanent housing or transitional housing.

3. A program participant receives notification of eviction.

4. A program participant is notified of termination of assistance. 13 5. In a tenant-based rental assistance, notice must also be given by the owner when a tenant receives notice of eviction.

Section 5. Records and Reports
Subgrantee shall provide to City's Planning Manager (Housing Division) or his/her designee, a Monthly Activity Report so that City may meet its record keeping and reporting requirements to UWMC. These reports shall be due by the tenth day of each month and will reflect the prior month's activities. Such Activity Reports shall be completed on the City Data Services (CDS) website at www.citydataservices.net. As required by City, Subgrantee shall maintain adequate records to support the reported statistics regarding beneficiary characteristics and services provided. Such records shall be made available for inspection by City, UWMC or designated agents. Subgrantee shall maintain all records required by the regulations specified this Agreement that are pertinent to the activities funded under this Agreement.

Subgrantee shall retain all records specified under this Agreement for a period of five years after the expenditures of all funds from the grant under which the last program participant was served.

Section 6: Indemnity; Insurance
Subgrantee shall indemnify, defend and hold City and its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to any property, or any violation of any federal, state, or municipal law or ordinance, or other cause in connection with the negligent or intentional acts or omission of Subgrantee, its employees, subcontractors, or agents, or on account of the performance or character of the work, or any other matter arising out of or related to this Agreement, except for any claim arising out of the active negligence or willful misconduct of City, its officers, employees, agents or volunteers. It is understood that the duty of Subgrantee to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code, and that Subgrantee shall at its own expense, upon written request of City, defend any such suit or action brought against City, its officers, agents, or employees. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Subgrantee from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any such damages or claims for damages.

Subgrantee shall reimburse City for all costs and expenses (including, but not limited to, fees and charges of architects, engineers, attorneys, and other professionals and court costs) incurred by City in enforcing the provisions of this Section.

Subgrantee shall maintain comprehensive general liability and property damage insurance or commercial general liability insurance, covering all operations of the Subgrantee, its agents and employees, performed in connection with the activities conducted under this Agreement, including but not limited to premises and automobiles.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
14 1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Subgrantees and their Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, on an annual basis.

If the Subgrantee or their Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Subgrantee or Contractor requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Subgrantee or their Contractor shall cause the insurer shall reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Subgrantee including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Subgrantee or Contractor. General liability coverage can be provided in the form of an endorsement to the Subgrantee or Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. For any claims related to this project, the Subgrantee or Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the 15 City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.

4. A copy of the claims reporting requirements must be submitted by Subgrantee or Contractor to the City.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractor’s Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractor’s Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

Waiver of Subrogation
Subgrantee or their Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Subgrantee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Subgrantee, its employees, agents, and subcontractors.

Subgrantee shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance, in a form satisfactory to City's Senior Human Resources Analyst, by certified mail to the City of Salinas Administration Department, 200 Lincoln Avenue, Salinas, CA 93901 and by Subgrantee uploading the Certificate of Insurance into the City Data Service website at www.citydataservices.net on behalf of the City of Salinas, concurrently with the submittal of this Agreement. A statement on the insurance certificate which states that the insurance company "will endeavor" to notify the certificate holder, "but failure to mail such notice shall impose no obligation or liability to any kind upon the company, its agents or representatives" does not satisfy the requirement of subsection (e) herein. Subgrantee shall ensure that the authorized representative of the insurance company strikes the above quoted language from the certificate. The insurance certificate shall also state the unpaid limits of the policy.

Subgrantee shall provide a substitute certificate of insurance no later than ten (10) days prior to the policy expiration date. Failure by Subgrantee to provide such substitution and extend the policy expiration date shall be considered a default. In the event Subgrantee is unable to provide a substitute certificate of insurance within the time prescribed in this subsection, Subgrantee shall provide written confirmation of renewal, in a form satisfactory to the City, to act as proof of insurance only until such time as a certificate of insurance has been received by the City.

Maintenance of insurance by Subgrantee as specified in this Agreement shall in no way be interpreted as relieving Subgrantee of any responsibility whatever, and Subgrantee may carry, at its own expense, such additional insurance as Subgrantee deems necessary.

In lieu of providing proof of insurance as required by Section 9(A) through (G) herein above, Subgrantee may provide a letter of insurance to City which represents and warrants to City that 16 Subgrantee is lawfully self-insured with respect to the liabilities which it may incur in the performance of this Agreement and that, to the best of Subgrantee’s knowledge, Subgrantee will be in a financial position to meet such potential liabilities when they occur.

Section 7. Subcontracts
Subgrantee may contract with one or more third parties (subcontractors) to carry out a portion of the services and program described in the Proposal, insofar as Subgrantee deems such to be proper and efficient.

Prior to Subgrantee entering into any agreement for any person or organization to render said services, the Subgrantee shall obtain written approval from City's Planning Manager (Housing Division). Such subcontracts, together with all other activities by or on behalf of Subgrantee, shall not require payment in excess of City's portion of the total project budget as stated in Part I, Exhibit A of this Agreement. The subcontractor shall be subject to the same terms and conditions that Subgrantee is subject to under this Agreement and Subgrantee shall ensure the terms of this Agreement are expressly set forth in any agreements in it may have with any such subcontractors.

City shall in no event be liable to any subcontractor or any other creditor of Subgrantee and shall be liable to Subgrantee only in accordance with the terms and conditions of this Agreement.

Section 9. National Flood Insurance Program
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (Public Law 93-234, 42 U.S.C. 4001). The Subgrantee shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation) in accordance with the requirements of Section 102(a) of said Act.

Section 10. Lead-Based Paint
Any grants or loans made by Subgrantee for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead-based paint hazards under 24 CFR Part 35 Subpart B and 24 CFR 570.608.

Subgrantee will comply with the requirements of 24 CFR 92.355 for notification, inspection, testing, and abatement procedures concerning lead-based paint. Subgrantee must provide the lead hazard information pamphlet to any resident who will be residing in a unit built before 1978. The tenant must receive the pamphlet before moving into the unit. If Subgrantee can document the tenant received the pamphlet previously, Subgrantee is not required to provide it again.

Such regulations pertain to all UWMC-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with leadbased paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted.

For units older than 1978 which will house one or more children under the age of 6, landlord and tenant must complete a Lead-Based Paint Disclosure form. The form describes any known current 17 or previous lead-based paint hazards, and documents tenant’s receipt of records and the lead hazard information pamphlet. Additionally, a visual lead-based paint assessment must be completed by a person trained in this inspection process. The inspection may be completed in conjunction with the habitability inspection if the inspector is qualified. At Intake, it should be noted on the Application Form if there will be any child in the household younger than 6 years. This information should be provided to the habitability inspector prior to their examination of the proposed rental unit.

Essential service activities, such as, counseling, case management, street outreach, referrals to employment, etc., are exempt and excluded from the lead-based paint inspection requirements.

Subgrantee much keep record in each client file when “Protect Your Family form Lead in Your Home” pamphlet is issued.

Section 11. Amendment
Where it is determined by the Planning Manager (Housing Division) that there is a need to make any change in the project, fiscal procedures, or the terms and conditions of this Agreement (including any changes necessary to comply with changes in Federal, State or local laws or regulations), such change shall be incorporated by written amendment to this Agreement and approved by the Salinas City Council and by Subgrantee, provided that adjustments in line items within the total approved budget, and minor changes in the nature and scope of services specified in the Agreement, may be approved by the Planning Manager (Housing Division) - any such changes shall be documented in writing.

Section 12. Assignment
There shall be no assignment of rights or obligations under this Agreement without written approval of the Planning Manager (Housing Division). This Agreement restricts the right of the Subgrantee to assign rights and responsibilities and restricts the right to modify this Agreement.

Written notification requesting reassignment of modifications to effectuate the assignment and the modification of the rights and responsibilities under the Agreement must be requested along with a current copy of the IRS letter regarding tax status on any possible merges. Any changes of this agreement must be signed by the Board of Directors of the Subgrantee, if a corporation, or the management if not a corporation, and by the City of Salinas.

Section 13. Suspension and Termination
If Subgrantee materially fails to comply with any term of this Agreement, City may suspend or terminate the Agreement in whole or in part. City may terminate the Agreement for convenience with the mutual written agreement of Subgrantee. Subgrantee may terminate the Agreement upon no less than thirty (30) days of receipt of written notice, setting forth the reasons for such termination and the effective date of such termination.

In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports of Subgrantee, become the property of City and Subgrantee shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, to the date of termination.

In no event shall any payment by City hereunder constitute a waiver by City of any breach of this Agreement or any default, which may then exist on the part of Subgrantee, nor shall such payment impair or prejudice any remedy available to City with respect to the breach or default. City expressly reserves the right to demand of Subgrantee the repayment to the City of any funds 18 disbursed to Subgrantee under this Agreement, which were not expended in accordance with the terms of this Agreement, and Subgrantee agrees to promptly refund any such funds upon demand.

Notwithstanding the above, Subgrantee shall not be relieved of liability to City for damages sustained by City or others by virtue of any breach of the Agreement by Subgrantee, and City may withhold any payments to the Subgrantee for the purpose of set off until such time as the exact amount of damages due City from Subgrantee is determined.

Section 14. Terms and Conditions
This Agreement is subject to and incorporates the provisions attached hereto, and by this reference made a part hereof, which provisions constitute Part II, "Supplemental General Conditions," attached to this Agreement; and/or any written amendment(s) to this Agreement mutually agreed upon by the parties hereto. To the extent that any of the term and conditions of Part I of this Agreement are inconsistent or otherwise in conflict with any of the terms of Part II of this Agreement, the terms and conditions of Part II shall take precedence and apply.

This Agreement and all performance hereunder are subject to the UWMC Community Impact Grant regulations, and Subgrantee agrees to comply with all such regulations, which are incorporated herein by reference and made a part hereof, and which are available for inspection at the Housing Division.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
19 PART II - SUPPLEMENTAL GENERAL CONDITIONS
The following conditions take precedence over any conflicting conditions in the Agreement:

Section 1. Program Income
Any income generated by Subgrantee from the use of UWMC Community Impact Grant funds must be immediately reported as earned and returned to City.

Section 2. Uniform Administrative Requirements
a. Establishment and Maintenance of Records: Subgrantee shall comply with the requirements and standards of Federal Office of Management and Budget Circular 2 CFR, Part 230, "Cost Principles for Non-Profit Organizations", and 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." 24 CFR Part 84, Subpart C, Sections 84.40 through 84.48 set forth standards for use by recipients in establishing procedures for the procurement of supplies and other expendable property, equipment, real property and other services with Federal funds. These standards are furnished to ensure that such materials and services are obtained in an effective manner and in compliance with the provisions of applicable Federal statutes and Executive Orders. No additional procurement standards or requirements shall be imposed upon recipients, unless specifically required by Federal statute or Executive Order or approved by Office of Management and Budget.

Records shall be maintained in accordance with any other requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized by City, such records shall be maintained for a period of five years after receipt of the final payment under this Agreement per 570.502 (a)(16).
b. Documentation of Costs: All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible to City upon reasonable request.
c. OMB Standards: Unless specified otherwise within this agreement, the Subgrantee shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.

Section 3. Title VI of the Civil Rights Act of 1964
No person shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the performance of this Agreement.

Compliance: The Subgrantee agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086. 20 Subgrantee shall take reasonable steps to ensure meaningful access to their programs and activities by Limited English Proficient (LEP) persons while not imposing undue burdens on Subgrantee.

Persons who do not speak English as their primary language and who have a limited ability to read, write, speak, or understand English can be "limited English proficient," or "LEP." Subgrantee shall assess its extent of its obligation to provide specialized LEP services using the following four factors:
a. The number or proportion of LEP persons eligible to be served or likely to be encountered by the program or Subgrantee;
b. The frequency with which LEP persons come in contact with the program; c. The nature and importance of the program, activity, or service provided by the program to people's lives; and
d. The resources available to Subgrantee and costs of modifying existing procedures.

After performing the four-factor analysis, Subgrantee is encouraged to document the analysis and outcome and to develop a Language Access Plan (LAP). The LAP identifies Subgrantee immediate and longer-term plans for providing language services, which might include identifying LEP individuals who need language assistance, measures by which Subgrantee’s staff will provide language services, how Subgrantee will train its staff to implement the LAP, providing public notice of the language services Subgrantee provides, and self-assessment and monitoring by Subgrantee of its LAP.

Section 4. Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 99- 352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subgrantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use of occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Subgrantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subgrantee, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate.

Section 5. Executive Order No. 11063
Subgrantee shall not discriminate because of race, color, religion, sex, or national origin in the sale, lease, rental, or other disposition of residential property and related facilities, or in the use or occupancy.

Section 6. Nondiscrimination
No person in the United States shall, on the grounds of race, color, sex, national origin, or religion be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. Additionally, discrimination on the basis of age, under the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.] or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794] and the Americans with Disabilities Act of 1990, shall be prohibited under the performance of this Agreement. Subgrantee shall comply with 21 regulations found at Title 24, Code of Federal Regulations, Part 8, that complement Section 504 of the Rehabilitation Act of 1973.

The Subgrantee agrees to comply with the non-discrimination in employment and contracting opportunities, laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable.
a. Fair Housing Act [42 U.S.C. 3601 et seq.]. No person shall, on the grounds of race or color, religion, sex, national origin, familial status, or disability be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. b. Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.]. No person shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement.
c. Section 504 of the Rehabilitation Act of 1973, as amended [29 U.S.C. 794]. No otherwise qualified individual with a disability shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity under this Agreement. (i) A Subgrantee that employs less than fifteen (15) persons shall:
(a). Take appropriate steps to ensure effective communication with applicants, determine auxiliary aids necessary, adopt and implement procedures to ensure that interested person can obtain information concerning the existence and location of accessible services, activities, and facilities. [24 CFR 8.6] (b). Evaluate its current policies and practices to determine whether, in whole or in part, they do not or may not meet the requirements of Section 504 and the implementing federal regulations; modify any policies and practices that do not meet the requirements; take appropriate corrective steps to remedy the discrimination revealed by the self-evaluation; maintain on file for at least three years following completion of the evaluation, make available for public inspection and provide to the responsible civil rights official a list of the interested persons consulted, a description of areas examined and any problems identified, and a description of any modifications made and of any remedial steps taken. [24 CFR

8.51]
(ii) A Subgrantee that employees fifteen (15) persons or more shall implement (i)(a) and (i)(b) above and in addition:
(a). Designate at least one person to coordinate its efforts to comply with the obligations imposed by Section 504 and the implementing federal regulations. [24 CFR 8.53(a)]
(b). Adopt grievance procedures that incorporate due process standards that provide for the prompt and equitable resolution of complaints alleging any action prohibited by the obligations imposed by Section 504 and the implementing federal regulations. [24 CFR 8.53(b)]
22 (c). Take appropriate initial and continuing steps to notify participants, beneficiaries, applicants, and employees that the Subgrantee does not discriminate in admission or access to, or treatment or employment in, its federally assisted programs and activities. [24 CFR 8.54]
d. Subtitle A of Title II of the Americans with Disabilities Act of 1990 [42 U.S.C. 12131].

No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity under this Agreement. (i) A public entity that employs less than fifty (50) persons shall:
(a). Evaluate its current services, policies, and practices, and the effects thereof, and to the extent that such do not or may not meet the requirements of Subtitle A and the implementing federal regulations, shall proceed to make the necessary modifications. [28 CFR 35.105]
(b). Make available to applicants, participants, beneficiaries, and other interested persons information regarding the provisions of Part 35 and its applicability to the services, programs, or activities of the public entity, and make such information available to them in such a manner as the head of the entity finds necessary to apprise such persons of the protections against discrimination assured them by the Americans With Disabilities Act and Part 35. [28 CFR 35.106] (c). TDD's (telecommunication devices for the deaf) or equally effective telecommunication systems shall be used to communicate by telephone with individuals with impaired hearing or speech. [28 CFR 35.161] (ii) A public entity that employees fifty (50) persons or more shall implement (i)(a), (i)(b) and (i)(c) above and in addition:
(a). Designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities including any investigation of any complaint alleging noncompliance or any actions prohibited by ADA, make information about designated person available to all interested individuals, adopt and publish grievance procedures providing prompt and equitable resolution of complaints alleging any prohibited action. [28 CFR 35.107]
(b). Take appropriate steps to ensure communication with applicants, participants, and members of the public with disabilities are as effective as communications with others, furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, enjoy the benefits of, a service, program or activity, determine what type of auxiliary aid and service is necessary, give primary consideration to the requests of individuals with disabilities. [28 CFR 35.160]
Section 7. Affirmative Action
The Subgrantee agrees that it shall be committed to carry out pursuant to the Subgrantee’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966. The City shall provide Affirmative 23 Action guidelines to the Subgrantee to assist in the formulation of such program. The Subgrantee shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. a. Executive order 11625, 12432, and 12138 Women-and Minority-Owned Businesses (W/MBE): Subgrantee agrees to take reasonable steps to ensure that small businesses owned by women or by racial or ethnic minorities have the opportunity to compete for contracts resulting from this Agreement. The Subgrantee will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Subgrantee may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. b. Executive Order 11246 Equal Employment Opportunity and Affirmative Action (EEO/AA statement: The Subgrantee will, in all solicitations or advertisements for employees placed by or on behalf of the City, state that it is an Equal Opportunity or Affirmative Action employer. Subgrantee shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, handicap, disability, sexual orientation, ancestry, national origin, or any other basis prohibited by applicable law. The Subgrantee shall take affirmative action to ensure that applicants that are employed and employees are treated during employment without regard to their race, color, religion, sex, age, handicap, disability, sexual orientation, ancestry, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Subgrantee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause.

The Subgrantee will, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, state that all qualified applicants will receive consideration for employment without regards to race, color, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin or any other basis prohibited by law.

Affirmative Outreach
The Subgrantee will make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. If it is unlikely that the procedures that the Subgrantee intends to use to make known the availability of the facilities, assistance, and services will be available to reach persons of any particular race, color, religion, sex, age, national origin, familial status or disability who may qualify for those facilities and services, the recipient or Subgrantee must establish additional procedures that ensure that those persons are made aware of the facilities, assistance, and services. The Subgrantee must take appropriate steps to ensure effective communication with persons with disabilities including, but not limited to, adopting procedures that will make available to interested persons information concerning the location of assistance, 24 services, and facilities that are accessible to persons with disabilities. Consistent with Title VI and Executive Order 13166, Subgrantee are required to take reasonable steps to ensure meaningful access to programs and activities for limited English proficiency (LEP) persons.

Section 8. Business and Employment Opportunities for Lower-Income Residents Subgrantee will conform with the rules and regulations set forth under Section 3 of the Housing and Urban Development Act of 1968, (12 USC 1701u), as amended, and the HCD regulations issued pursuant thereto at 24 CFR Part 135. Subgrantee is encouraged to the greatest extent feasible, to provide opportunities for training and employment be given to lower-income residents of the City of Salinas, and contracts for work in connection with the Project be awarded to business concerns which are located in, or owned in substantial part by, persons residing in the City of Salinas.

Section 9. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential use for less than eight units, Subgrantee and all contractors engaged under contracts in excess of $2,000 for construction work financed in whole or in part with assistance provided under this Agreement, shall comply with HCD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3, 5, and 5a, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided, that if wage rates higher than those required under such regulations are imposed by State or local law, nothing hereunder is intended to relieve Subgrantee of its obligation, if any, to require payment of the higher rates. Subgrantee shall cause or require to be inserted in full in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5. and, for such contracts in excess of $10,000, 29 CFR 5a.3.b.

The provisions of the Davis-Bacon Act, (40 U.S.C. 276a to 276a-5) do not apply to the UWMC program.

Section 10. Acquisition and Rehabilitation of Real Property and Displacement of Persons and Businesses
If Subgrantee causes the involuntary temporary or permanent displacement of any person or business in connection with development of the Project, Subgrantee shall reimburse City for City's out-of-pocket costs and expenses, if any, related to compliance with 24 CFR 576.408, Policies for Displacement, Relocation, Acquisition, and Replacement of Housing, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended ("1970 Relocation Act"), and, if triggered by 24 CFR 92.353(e), Section 104(d) of the Housing and Community Development Act of 1974, including the costs of all notices, advisory assistance, relocation benefits, and replacement dwelling units as required by the 1970 Act, as amended, and the implementing regulations at 49 CFR Part 24. If triggered by 24 CFR 92.353(e), Subgrantee shall also reimburse City for City's out-of-pocket costs and expense to comply with Section 104(d) of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR 576.408. Subgrantee hereby agrees to indemnify City from and against, any and all claims and liabilities for relocation benefits required by the 1970 Act or other federal statutes and regulations in connection with activities undertaken pursuant to this Agreement.

Section 11. Conflict of Interest
25 a. Interest of Certain Federal Officials: No member of or Delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same.
b. Interest of Members, Officers, or Employees of City, Members of Local Governing Body, or Other Officials: No member, officer, or employee of City, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. Subgrantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purpose of this subparagraph.
c. Interest of Members, Officers, or Employees of Subgrantee and Sub Subgrantee: No employees, officer or agent of Subgrantee or any sub Subgrantee shall participate in the selection, award or administration of a contract in which Federal funds are used, where, to his knowledge, he or his immediate family, partners, or organization in which he or his immediate family or partner has a financial interest or with whom he is negotiating or has any arrangement concerning prospective employment. The recipients' officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors or potential contractors. Any interest on the part of Subgrantee or his employees must be immediately disclosed to HCD and to City.

1. The Subgrantee shall maintain a written code of standard conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds.

2. No employee, officer, or agent of the Subgrantee shall participate in the selection, or in the award, or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.

Section 12. Reversion of Assets
Upon expiration of this Agreement, Subgrantee shall transfer to the City's UWNC fund any unexpended funds and any accounts receivable attributable to the use of UWMC funds. Housing Stabilization funds must be spent within the grant period by the Subgrantee. Residual assets derived from Subgrantee’s use of UWMC funds, such as fixtures and equipment, shall vest with the City upon the end of this Agreement. The City reserves the right to monitor and verify the continued proper management of Subgrantee’s assets derived from UWMC funding, if any.

Section 13. Lobbying Prohibited
No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subgrantee, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement.

If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in 26 connection with this Agreement, Subgrantee shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

Subgrantee shall require that this Section be included in the award documents for all sub-awards at all tiers in connection with this Agreement and that all Subgrantee shall certify and disclose accordingly.

Section 14. Faith-based Activities
a. Faith-Based Activities Organizations: Faith-based activities organizations that are directly funded under the UWMC program may not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the UWMCfunded programs or services. If an organization conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under this part, and participation must be voluntary for the beneficiaries of the UWMC-funded programs or services.
b. Religious Organizations: A religious organization that receives UWMC funds will retain its independence from Federal, State, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its beliefs, provided that it does not use direct UWMC funds to support any inherently religious activities, such as worship, religious instruction, or proselytization. Among other things, Faith-based organizations may use space in their facilities to provide UWMC-funded services without removing religious art, icon, scriptures, or other religious symbols. An UWMC-funded religious organization retains its authority over its internal governance, and it may retain religious terms in its organization's name, select its board members on a religious basis, and include religious references in its organization's mission statements and other governing documents.
c. Religious Discrimination: An organization that receives UWMC funds shall not, discriminate against a program participant or prospective program beneficiary on the basis of religion or religious belief.
d. Subgrantees. Any sub-grantees of UWMC funds provided under this Agreement shall abide by the terms under faith-based activities with religious activities.

Section 15. Audits and Inspections
Subgrantee will, at any time during normal business hours and as often as City, citizens or the Comptroller General of the United States may deem necessary, make available to City, to citizens in accordance with the state, federal, and local law, and to representatives of the Comptroller General for examination of all of Subgrantee’s records with respect to all matters covered by this Agreement, excepting in all circumstances any and all records or materials subject to protection pursuant to California Evidence Code §950 et seq. Subgrantee shall permit City, citizens notwithstanding 24 CFR 85.42 (f), and provide citizens with reasonable access to records regarding the past use of UWMC funds, consistent with applicable State and local laws regarding privacy, including the attorney-client privilege set forth in California Evidence Code §950 et seq. of confidentiality) and representatives of the Comptroller General to audit, examine and make excerpts, copies or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement in accordance with local, state, and federal laws, 27 but at all times no information otherwise protected from disclosure pursuant to California Evidence Code §950 et seq.

Subgrantees receiving less than $750,000 a year in Federal Grants are exempt from Federal audit requirements, but Subgrantee’s records, as may be covered by the attorney client privilege, must be available for review upon request by City, or representatives of the Comptroller General for examination. Subgrantees receiving $750,000 or more in Federal grants within a fiscal year shall have an audit made in accordance with 24 CFR 200
Subgrantee further represents to City that Subgrantee, as a quasi-federal 501(c)(3) organization, represents clients in confidential attorney-client relationships, and therefore neither Subgrantee, nor any of its employees, legal or administrative, are mandatory reporters as described in Welfare & Institutions Code Section 15630 and/or are exempted from reporting pursuant to Welfare and Institutions Code Section 15632(b) and shall maintain at all times the confidentiality of Subgrantee’s clients.

Section 16. United Way of Monterey County Requirements
Unearned or other payments under this Agreement may be suspended or terminated upon refusal to accept any additional conditions that may be imposed by UWMC or City at any time, or if the grant to City under Title I of the Housing and Community Development Act of 1974, as amended from time to time, is suspended or terminated.

Section 17. Prohibition Against Payment of Bonus or Commissions The assistance provided under this Agreement shall not be used in the payment of any bonus or commission. Title I of the Housing and Community Development Act of 1974, as amended, with respect thereto; provided, however, that reasonable fees for bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs.

Section 18. Copyrights
If this Agreement or its performance results in a book or other copyrightable material, the author is free to copyright the work, but United Way Monterey County and City each reserve a royalty free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, (and to authorize others to use) all copyrighted material and all material which can be copyrighted.

Section 19. Patents
Any discovery or invention arising out of or developed during the course of work aided by this Agreement shall be promptly and fully reported to City for the sole determination by the City as to whether patent protection on such invention or discovery shall be sought and how the rights in the invention or discovery including rights under any patent issued thereon, shall be disposed of and administered, in order to protect the public interest.

Section 20. Political Activity Prohibited
None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Subgrantee shall comply with provisions of the Hatch Act, which limits political activities of employees.
28 Section 21. Board of Directors
Subgrantee shall provide City with information regarding any changes in the Board of Directors or the management of Subgrantee no later than ten (10) days from the official change.

Section 22. Notices
Any notices under this Agreement shall be sent to the parties by personal delivery, by facsimile, or by certified mail, return receipt requested, postage prepared in the United States Postal Service at the addresses set forth below. Notice shall be deemed effective upon delivery or transmission if delivered or sent by facsimile and on the third (3rd) day after mailing. The parties designate the following names, titles, addresses, and telephone numbers:

City:

Planning Manager
City of Salinas
Community Development Department-Housing Division
65 W. Alisal Street, 2nd Floor
Salinas, California 93901
Telephone: (831) 758-7334
Subgrantee:

Executive Director
The Housing Authority of the County of Monterey (HACM)
123 Rico St
Salinas, CA 93907
Telephone: (831) 775-5000
Section 23. Legal Representation
Each party affirms that it has been represented by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect.

Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.

Section 24. Joint Representation
The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.

Section 25. Warranty of Authority
Each party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.

Section 26. No Waiver of Rights
Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure 29 to provide notice of any breach of this Agreement or failure to comply with any terms of this Agreement shall not constitute a waiver there of. Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or of any other promise. A wavier by City of any one or more of the conditions of performance within this Agreement shall not be construed as a waiver(s) of any other condition of performance under this Agreement.

Section 27. Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.

Section 28. No Third-Party Rights
The parties do not intend for any third party to obtain a right by virtue of this Agreement.

Section 29. Modification
No amendments to or changes to this Agreement may be made, except by a writing expressly authorized and signed by City and Subgrantee.

Section 30. Severability
It is the intent of the parties that in the event that any provision herein is held to be invalid, the remaining provisions shall continue in full force and effect unless enforcement of the Agreement so modified would frustrate the purpose of this Agreement.

Section 31. Further Assurances
Each party agrees to do such further acts and things and do and execute and deliver such additional agreements and instruments as the other may reasonably require to consummate, evidence or confirm the agreements contained herein in a manner contemplated hereby.

Section 32. Entire Agreement
This Agreement constitutes the entire agreement between City and Subgrantee and is the final expression of City and Subgrantee with respect to the included terms and conditions, and as a complete and exclusive statement of the terms and conditions of the agreement. City and Subgrantee acknowledge that any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by City and Subgrantee.

Section 33. Rights and Obligations
By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.

Section 34. Attorney Fees
In case suit shall be brought to interpret or enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorney fees in addition to such costs as may be allowed by the court.

If awarded, City's attorneys' fees shall be calculated at the market rate. 30 Section 35. Credit for UWMC Funding and City of Salinas The Subgrantee shall include the UWMC logo and the City of Salinas logo, where feasible, on website and written materials about the UWMC-funded program and include a statement such as “This program funded, in part, by UWMC in collaboration with the City of Salinas.” Section 36. Compliance with Laws
Subgrantee’s performance under this Agreement shall be in accordance and full compliance with all applicable federal, state, and local laws and any UWMC rules or regulations promulgated thereunder.

Section 37. Close-outs
The Subgrantee’s obligation to the City shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to disposing of program assets (including the return of all unused materials, equipment, unspent funds, program income balances, and accounts receivable to the City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over UWMC funds, including program income.

Section 38. Historic Preservation
The Subgrantee agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement.

In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
31 IN WITNESS WHEREOF, as authorized representatives of the CITY OF SALINAS and THE HOUSING AUTHORITY OF THE COUNTY OF MONTEREY, a quasi-federal 501(c)(3), have executed this Agreement.

City of Salinas Subgrantee:

By: By:

Jim Pia, Interim City Manager Zulieka Boykin, Executive Director APPROVED AS TO FORM:

BY:

Christopher Callihan, City Attorney
32 EXHIBIT A – Budget
FY 2023-2024 BUDGET:

Approved Funding Amount: $331,000.00
New Landlord Incentives $31,000.00
Security Deposits $300,000.00
33 EXHIBIT B - SCOPE OF WORK & ADDITIONAL GOALS
Project Description:

HACM will provide housing navigation, stabilization financial assistance and housing navigation services to participants in Monterey County. Services will assist participants to secure permanent suitable housing.

Additional Goals
Measure Metric Target
Housing Stabilization Financial
Assistance - Assist Section 8
recipients to obtain and retain
affordable housing
Provide a monthly SRN
report to demonstrate the
unduplicated counts.

Serve a minimum 85 unique Section
8 recipients during the life of the
funding.

Housing Navigation and case
management
Provide a monthly SRN
report to demonstrate the
type of housing navigation
and case management
provided.
10 participants per month during the
life of the funding.

Smart Referral Network
Referrals
Provide a monthly SRN
report to demonstrate the
number referrals made.

A minimum of five SRN referrals
per month during the life of the
funding.
34 EXHIBIT C – SMART REFERRAL SOFTWARE DATA SHARING AND USER

AGREEMENT BETWEEN UWMC AND SUBGRANTEE

BACKGROUND
United Way Monterey County’s Vision is to create a caring and connected community where everyone has an opportunity to succeed. One of our strategies is to help residents navigate systems and access a wide range of services more effectively through referral networks.

The Active Referral Network (ARN) provides opportunities for front line workers to learn about local organizations that provide critical services in our community. We meet monthly to share service information, learn about important programs addressing immediate needs and learn how to make referrals. The ARN fosters collaboration, develops relationships, and facilitates “active” referrals to a specific staff person.

To increase the scale and impact of the ARN and document outcomes, the United Way Monterey County has developed Smart Referral Network Software (SRN). The SRN allows users to support whole person care for their clients by making “closed loop” referrals to regional and complementary community benefit organizations. Case Managers, Community Health Workers, other front-line workers, and people in need use the program to search for services in the Monterey County 211 health and human service database. They electronically send referrals and receiving community benefit organizations document when referrals result in services. The SRN is “smart” in that it compares demographics with program eligibility requirements to prioritize search results.

It also allows for the measurement of fifteen social determinants of health outcomes of those services. Dozens of local community benefit organizations have signed this agreement use the SRN to provide wrap around services and ensure referrals lead to impactful outcomes for their clients.

Data Sharing
The SRN is a resource, information and referral hub that connects residents with health and human services; services in the SRN include but are not limited to financial assistance, debt and tax preparation, counseling, housing, food, transportation, employment and job training, and disaster relief. Partners work with their Clients make “closed loop” referrals. Case Managers use the SRN to search for services in the 211 database and/or SRN and generate a prioritized list of complementary services that address the need and would accept the client. Case Managers electronically send referrals and document when referrals lead to services, including the economic mobility and social determinants of health outcomes of those services. Partners have access to client dashboards where they can respond to referrals received, monitor the services their clients receive, keep track of their clients’ outcome improvements, and run reports. This program helps inform any additional services clients might need and allows service providers to work together to ensure Clients have access to the most appropriate services.

In order to generate the list of prioritized services, the SRN matches client demographic information with service eligibility requirements. The SRN collects the following client 35 demographic information: name, date of birth, education, access to health insurance, race, ethnicity, income, address, veteran status, and disability status.

Cyber Security, Access, Permissions, and Infrastructure:

Each Partner receives personalized onboarding, training, and ongoing technical assistance.

Partners are assigned user levels, roles, and permissions. Access is web based and controlled by login with user names and unique passwords.

Before referrals can be made, clients must sign or indicate referral consent. This form is available in English and Spanish on the SRNand can be signed online, on a hard copy or via text message, and attached to the client profile. Clients can provide verbal approval after a Case Manager reads the forms to their Clients. SRN program and client rights information are included in the Referral Authorization & Consent to Release of Information form. See Attachment B for a copy. Clients have the right to access and verify their personal information, to receive a list of Partners belonging to the SRN, to revoke their referral authorization and consent to release of information at any time.

Partners can see client level demographic information only if they have made a client referral to another Partner or received a client referral from another Partner. All referral outcomes including health services will not include Protected Health Information (PHI) as defined by the Health Insurance Portability and Accountability Act (HIPAA). Users who send referrals to health services cannot see if a referral resulted in a service. Users who receive referrals from health service agencies, cannot see the agency information or referring agent’s name or contact information.

United Way Monterey County staff with administrative access credential have access to all partners SRN activity and client level demographic information, referral history, and social determinants of health outcomes.

The SRN is covered with Cybersecurity Insurance protection that includes Security Breach Response Coverage. The policy covers costs to notify individuals affected or reasonably believed to be affected by such “Security Breach”, including printing costs, publishing costs, postage expenses, call center costs or costs of notification via phone or e-mail, including “voluntary notification.”
Client level data is stored on Amazon Web Services Cloud that is infinitely scalable. Data is secured and encrypted at rest and in transit. Data is redundantly stored for disaster recovery. The SRN benefits from Amazon security oversight, regular penetration testing, and 100% approved audits at Federal government level.

See Data Sharing Agreement Attachment A for more details, information, and requirements.

Confidentiality and Privacy
Each party recognizes the importance of the other’s Confidential Information. In particular, each party recognizes and agrees that the Confidential Information of the other is critical to their respective businesses and that neither party would enter into this agreement without assurance that such information and the value thereof will be distributed only on a need to know basis and will be protected at least at the same level the organization uses to project its own confidential 36 information. By signing this agreement, each party agrees to only use personal information for the express purpose of making referrals and providing services and comply with Health Insurance Portability & Accountability Act (HIPAA) Certification. Please refer to Attachment C for HIPAA compliance certification.

PARTNER RESPONSIBILITIES UNDER THIS MOU
 Agree to develop workflow to use SRN.
 Own and maintain its Client data that will be located in Amazon Web Services in the SRN System.
 Respond to its Clients’ personal information requests.  Identify the case managers and team members to be provided access to the SRN System for collaboration purposes.
 Ensure effective onboarding and Client hand over when case managers and/or team members assigned to the SRN system leave the organization.  Create and maintain users belonging to agency including deletion of users no longer with the organization or who no longer need access to the software.  Implement reasonable administrative, physical, and technical safeguards to protect confidential or Protected Health Information (PHI) Client information. o Report to United Way any use or disclosure of confidential or Protected Health Information (PHI) which is not in compliance with terms. o To mitigate, to the extent practicable, any harmful effect that is known to grantee of a use or disclosure of confidential or Protected Health Information (PHI) by grantee.

Referrals:
 Participate in SRN orientation to learn how to access the SRN software.  Regularly participate in monthly ARN meetings and quarterly SRN Meetings.  Commit to making Smart Referrals aligned with their business operations and capacity.  Follow up on all Smart Referrals to ensure referral leads to a service.  Respond to referrals received and indicate that they are “received” in their Smart Referral Network inbox.

Services:
 Complete 211 SRN intake form to ensure services are in 211 ICarol database.  Update service information as needed;
o 211 will send automatic notifications and links to update once per year.

Partners’ Clients:
 Review Client Referral Authorization & Consent to Release of Information document with clients and answer any questions to ensure informed consent.  Collect and input client consent into the SRN.
.
37 UNITED WAY MONTEREY COUNTY RESPONSIBILITIES UNDER THIS MOU Software
 Facilitate, coordinate, and support access to the SRN platform for partner agency noted on this MOU.
 Train Partners on software use, privacy policies, and outcome evaluation.

Reporting
 Grant Partners access to run reports on:
o # and type of referrals received and made by individual staff members o # and type of referrals that lead to services
o # and % of their Clients that improve in economic mobility and determinants of health (as a result of active referrals or of Partner’s services if used as an outcome measurement tool)

TERM AND TERMINATION
Term. The term of this MOU shall commence on the date signed and continue indefinitely.

Partners will be required to sign a new MOU if the SRN MOU is updated.

Termination of MOU
Either party may terminate this MOU without stating a cause or reason upon fifteen (15) days prior written notice to the other party.

Consent to the terms of this MOU is indicated by the authorized signatures affixed and dated below.

United Way Monterey County Partner Organization
Signature: Organization: __________________
Signature:

Name: Josh Madfis Name:

Title: VP Community Investments Title:

Date: Date:
1 RESOLUTION NO. 22709 (N.C.S.)

A RESOLUTION OF THE CITY OF SALINAS CITY COUNCIL AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER 2 TO THE COMMUNITY IMPACT GRANT AGREEMENT FOR EMERGENCY RENTAL ASSISTANCE ROUND 2 WITH

THE UNITED WAY OF MONTEREY COUNTY AND THE EXECUTION OF A NEW

COMMUNITY IMPACT GRANT AGREEMENT WITH THE UNITED WAY OF

MONTEREY COUNTY FOR HOUSING STABILIZATION
WHEREAS, in 2021, through the United Way of Monterey County’s (UWMC) administration of funds, initially allocated to the County of Monterey, the City was awarded two rounds of U.S. Department of Treasury Emergency Rental Assistance Program (ERAP) funds, totaling more than $15,000,000; and
WHEREAS, in July of 2022, the City executed Amendments Number 1 and 2, to allow for a necessary administrative transfer of funds between the City’s two rounds of funding and to allow UWMC to meet a designated expenditure milestone; and WHEREAS, through Amendments Number 1 and 2, the City also received and an additional $647,451 in ERAP Round 1 funds; and
WHEREAS, the City’s ERAP is experiencing a decline in support requests from eligible applicants and its Community Impact Grant for Emergency Rental Assistance Round 2 Agreement (ERAP R2) has a current balance of $1,151,863 and is set to expire on September 30, 2023; and WHEREAS, UWMC has requested that the City transition $870,000 of its current ERAP R2 balance to establish a newly allowed Housing Stabilization Program; and WHEREAS, under the proposed Amendment Number 2, the remaining balance of the City’s current ERAP R2 fund allocation, $281,863, will remain available to support residents under its original intended use to resolve rental and utility arrears through July 31, 2024; and WHEREAS, entering into a new UWMC Community Impact Agreement for Housing Stabilization will allow the City to provide Housing Stabilization support through to July 31, 2025 while diversifying the scope of services and additional resources available to renters, landlords, and service providers; and
WHEREAS, the new UWMC Community Impact Agreement for Housing Stabilization will further bolster the City’s partnership with the Housing Authority of the County of Monterey (HACM) to house families that have been issued a housing voucher but are unable to afford security deposits required to obtain permanent housing; and WHEREAS, the City will allocate funds to support a full-time Housing Navigator and the implementation of a rapid rehousing pilot program operated by the Salinas Outreach and Response Team (SORT); and
DocuSign Envelope ID: E220CB66-CF7F-4BAF-8CEA-1944D13C8B6D 2 WHEREAS, the City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the City Manager or designee to execute Amendment Number 2 to United Way Monterey County Community Impact Grant Agreement for the Emergency Rental Assistance Program Round 2; and BE IT FURTHER RESOLVED that the Salinas City Council authorizes the City Manager or designee to execute a new UWMC Community Impact Grant Agreement for Housing Stabilization.

PASSED AND APPROVED this 20th day of June 2023, by the following vote:

AYES: Councilmembers Barrera, Gonzalez, McShane, Osornio, Sandoval and Mayor Craig NOES: None
ABSENT: Councilmember Rocha
ABSTAIN: None
APPROVED:
_______________________
Kimbley Craig, Mayor
ATTEST:
_____________________________
Patricia M. Barajas, City Clerk
DocuSign Envelope ID: E220CB66-CF7F-4BAF-8CEA-1944D13C8B6D

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-746, Version: 1
Modification to the Classification - Salary Schedule
Approve a Resolution modifying the Classification - Salary Schedule to reflect previously authorized cost of living adjustments due in the pay period inclusive of January 1, 2024, and add the classification of Permit Center Clerk to the temporary classifications.

City of Salinas Page 1 of 1 Printed on 11/30/2023
powered by Legistar™
Page | 1

CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: December 5, 2023
DEPARTMENT: HUMAN RESOURCES
FROM: MARINA HORTA-GALLEGOS, HUMAN RESOURCES DIRECTOR
TITLE: MODIFICATION TO THE CLASSIFICATION – SALARY

SCHEDULE
RECOMMENDED MOTION:

It is recommended that the City Council approve a Resolution modifying the Classification – Salary Schedule to reflect previously authorized cost of living adjustments due in the pay period inclusive of January 1, 2024, and add the classification of Permit Center Clerk to the temporary classifications.

EXECUTIVE SUMMARY:

Staff recommends that the City Council approve the attached Resolution modifying the Classification – Salary Schedule to reflect previously authorized cost of living adjustments due in the pay period inclusive of January 1, 2024, and add the classification of Permit Center Clerk to the temporary classifications.

BACKGROUND:

The City Council previously authorized Compensation Plans for the Confidential Non-Management unit and Department Directors unit, each are due cost of living adjustments of two percent effective in the pay period inclusive of January 1, 2024.

The Community Development Department requests the addition of the temporary Permit Center Clerk classification to support the front counter operations of the Permit Center.

CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

The proposed action meets the Effective and Culturally Responsive Government Council goal.

Page | 2
DEPARTMENTAL COORDINATION:

The above recommendations are a collaborative and coordinated effort between the Human Resources Department, Community Development Department, and the Finance Department.

FISCAL AND SUSTAINABILITY IMPACT:

The cost of living adjustments due in January 2024 have been budgeted for the fiscal year and the term of the Compensation Plans. No fiscal impact is anticipated with the addition of the temporary Permit Center Clerk classification. Currently, departments use temporary staff while funds are available.

ATTACHMENTS:

Resolution
Classification – Salary Schedule (Exhibit A)
Page | 3
RESOLUTION NO. _________ (N.C.S.)

RESOLUTION APPROVING MODIFICATION TO THE

CLASSIFICATION - SALARY SCHEDULE
BE IT RESOLVED BY THE CITY COUNCIL OF SALINAS that the Classification-Salary Schedule previously adopted by the City Council by Resolution is hereby amended to reflect previously authorized cost of living adjustments due in the pay period inclusive of January 1, 2024, and includes the temporary classification of Permit Center Clerk.

PASSED AND APPROVED this 5th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN: APPROVED:
____________________________________
Kimbley Craig, Mayor
ATTEST:
______________________________
Patricia M. Barajas, City Clerk
Page | 4

EXHIBIT A

DEPARTMENT DIRECTORS
Benefit
Group Grade Position
Step 1
Hourly
Step 1
Monthly
Step 2
Hourly
Step 2
Monthly
Step 3
Hourly
Step 3
Monthly
Step 4
Hourly
Step 4
Monthly
Step 5
Hourly
Step 5
Monthly
Step 6
Hourly
Step 6
Monthly
14 14.1014 Assistant Chief of Police 86.9255 15,067 91.2745 15,821 95.8414 16,613 100.6267 17,442 105.6631 18,315 110.9463 19,231 14 14.1013 Chief of Police 88.9942 15,426 93.4463 16,197 98.1161 17,007 103.0241 17,858 108.1763 18,751 113.5852 19,688 14 14.1022 Community Development Dir 73.6595 12,768 77.3452 13,407 81.2063 14,076 85.2711 14,780 89.5324 15,519 94.0090 16,295 14 14.1025 Finance Director 72.2300 12,520 75.8408 13,146 79.6278 13,802 83.6114 14,493 87.7913 15,217 92.1809 15,978 14 14.1016 Fire Chief 88.2249 15,292 92.6419 16,058 97.2757 16,861 102.1398 17,704 107.2478 18,590 112.6101 19,519 14 14.1027 Human Resources Director 70.8278 12,277 74.3709 12,891 78.0900 13,536 81.9991 14,213 86.0975 14,924 90.4024 15,670 14 14.1028 Lib/Community Svc Dir 70.8278 12,277 74.3709 12,891 78.0900 13,536 81.9991 14,213 86.0975 14,924 90.4024 15,670 14 14.1019 Public Works Director 73.6595 12,768 77.3452 13,407 81.2063 14,076 85.2711 14,780 89.5324 15,519 94.0090 16,295

CONFIDENTIAL NON-MANAGEMENT/MISCELLANEOUS
Benefit
Group Grade Position
Step 1
Hourly
Step 1
Monthly
Step 2
Hourly
Step 2
Monthly
Step 3
Hourly
Step 3
Monthly
Step 4
Hourly
Step 4
Monthly
Step 5
Hourly
Step 5
Monthly
Step 6
Hourly
Step 6
Monthly
27 27.7027 Assistant City Clerk 32.9279 5,708 34.5800 5,994 36.3009 6,292 38.1157 6,607 40.0243 6,938 42.0330 7,286 27 27.7047 Communications Specialist 35.3057 6,120 37.0720 6,426 38.9238 6,747 40.8748 7,085 42.9179 7,439 45.0663 7,811 27 27.7061 Confidential Office Technician 25.5578 4,430 26.8327 4,651 28.1739 4,883 29.5805 5,127 31.0605 5,384 32.6142 5,653 27 27.2036 Deferred Comp Technician 30.5990 5,304 32.1305 5,569 33.7352 5,847 35.4203 6,140 37.1935 6,447 39.0548 6,769 27 27.7006 Executive Assistant 31.3609 5,436 32.9366 5,709 34.5777 5,993 36.3070 6,293 38.1242 6,608 40.0293 6,938 27 27.7051 Human Resource Technician 26.3125 4,561 27.6239 4,788 29.0017 5,027 30.4525 5,278 31.9764 5,543 33.5738 5,819 27 27.7011 Legal Secretary 29.2875 5,077 30.7529 5,331 32.2916 5,597 33.9038 5,877 35.5962 6,170 37.3770 6,479 27 27.2026 Payroll Supervisor 37.1935 6,447 39.0548 6,769 41.0111 7,109 43.0629 7,464 45.2170 7,838 47.4812 8,230 27 27.2031 Payroll Technician 30.5990 5,304 32.1305 5,569 33.7352 5,847 35.4203 6,140 37.1935 6,447 39.0548 6,769 27 27.7017 Sr Human Resources Technician 30.5990 5,304 32.1305 5,569 33.7352 5,847 35.4203 6,140 37.1935 6,447 39.0548 6,769 27 27.7077 Sr Risk Management Technician 30.5990 5,304 32.1305 5,569 33.7352 5,847 35.4203 6,140 37.1935 6,447 39.0548 6,769 Benefit
Group Grade Position
Step 1
Hourly
Step 2
Hourly
Step 3
Hourly
Step 4
Hourly
Step 5
Hourly
29 Permit Center Clerk 19.2519 20.2211 21.2308 22.2923 23.4058 City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#23-752, Version: 1
a. Public Employee Appointment - California Government Code Section 54957(b)(1), City Manager. b. Pending Litigation - California Government Code Section 54956.9(d)(1), conference with legal counsel regarding, Santa Rita Union High School District, et al. v. City of Salinas et al., Monterey County Superior Court Case No. 20CV000242.
c. Pending Litigation - California Government Code Section 54956.9(d)(1), conference with legal counsel regarding, Alisal Union School District, et al. v. City of Salinas, et al., Monterey County Superior Court Case No. 20CV00340.
d. Labor Negotiations - California Government Code Section 54957.6, with its designated labor representatives Jim Pia, Interim City Manager; Christopher A. Callihan, City Attorney; Katie Hogan, Assistant City Attorney; Marina Horta-Gallegos, Human Resources Director; Sylvia Enriquez, Senior Human Resources Analyst; Che Johnson, Liebert Cassidy Whitmore, regarding labor relations with Service Employees International Union (SEIU), SEIU Crew Supervisors and Blue Collar, Salinas Municipal Employees Association/SEIU, Association of Management Personnel, Police Officers Association, Police Management Association, International Association of Firefighters, Fire Supervisors Association, Confidential Management Employees, Confidential Non-Management Employees, and Department Directors.

City of Salinas Page 1 of 1 Printed on 11/30/2023
powered by Legistar™