Agenda packet — Visalia City Council, July 18, 2022 (part 1 of 2)

Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
City Council
Meeting Agenda - Final
Mayor Steve Nelsen
Vice Mayor Brian Poochigian
Council Member Greg Collins
Council Member Brett Taylor
Council Member Liz Wynn
City Council Chambers7:00 PMMonday, July 18, 2022

ROLL CALL
CALL TO ORDER WORK SESSION - 4:30 PM

PUBLIC COMMENTS
Citizens are now invited to comment on issues within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments concise and positive. Creative criticism, presented with appropriate courtesy, is welcome.

Each speaker will be allowed three minutes and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.

WORK SESSION AND ACTION ITEMS (as described)

1. New Employee Introductions:

2. Presentation of the 2022 Public Opinion Survey Results by the Citizens Advisory Committee.
22-0267

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1 City Council Meeting Agenda - Final July 18, 2022

3. Consideration of and direction on initiating potential Zoning Ordinance Updates for traditional Single-Family Residential Development Design Standards for R- 1-5 (Single-Family
Residential 5,000 square feet minimum lot size) Zoned
Subdivisions.
22-0278
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE

INVOCATION

ITEMS OF INTEREST

PUBLIC COMMENTS
This is the time for citizens to comment on subject matters that are not on the agenda and within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome.

This is also the time for citizens to request an item from the Consent Calendar be pulled for discussion purposes. Public comments related to all pulled Consent Calendar items and Regular or Public Hearing items listed on the agenda will be heard at the time that item is discussed or when the Public Hearing is opened.

Each speaker will be allowed three minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.

CONSENT CALENDAR
Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

1. Authorization to read ordinances by title only. 22-0148

2. Authorize the City Manager to enter into a sole source five ( 5) year maintenance contract effective July 1, 2021, through June 30, 2026, with Motorola Solutions for Spillman Flex Software for Computer Aided Dispatch (CAD) and Records Management
Systems (RMS) for a total cost of $ 836,675 and appropriate $324,078 for FY 2022/23.
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2 City Council Meeting Agenda - Final July 18, 2022

3. Authorize the City Manager to award the construction contract for RFB 21-22-49, FY 22-23 Cape Seal Project (CIP
1410-72000/CP0247-999) to VSS International of West
Sacramento, CA, in the amount of $674,000.
22-0262

4. Authorize the City Manager to award Request for Bids (RFB) 21-22-43, an annual contract to Rebuild and Repair KSB Influent Pumps at the Water Reclamation Facility (WRF) to KSB, Inc. of Bakersfield, CA for a not to exceed amount of $100,000 annually. 22-0265

5. Authorize the City Manager to award and enter into a contract with Talley Oil in the amount of $ 792,462.93 for the construction of the FY 22-23 Reclamite Project (CIP 1410-72000/CP0248-999 & CIP 2730-72000/CP8358-999).
22-0266

6. Approve the purchase of two ( 2) Portable Changeable Message Signs (PCMS) for use on various City of Visalia CIP; and appropriate $45,000 from the Gas Tax Fund (111).
22-0269

7. Accept and authorize the appropriation of funds allocated from 1) $1,833,734 from the Surface Transportation Block Grant Program (STBGP) and 2) $1,155,266 from the Highway Infrastructure Program (HIP) to the Major Street Rehabilitation - Tulare Ave. from Demaree St. to Cotta St. Project; and 3) $3,086,000 from the Surface Transportation Block Grant Program (STBGP) to the Major Street Rehabilitation - Tulare Ave. from Roeben St. to Demaree St .

Project.
22-0271

8. Request authorization to record the final parcel map for Tentative Parcel Map No. 2019-06, located at the northwest corner of West Sunnyview Avenue and North Clancy Street. APN: 077-200-039. 22-0272

9. Authorize the City Manager to enter into a ( 3) year service and software license agreement with ePlus Technology, Inc ., of Rocklin, to purchase CrowdStrike next-generation antivirus and cyber security protection services piggybacking the State of California Department of General Services (DSG) Software Licensing Program contract, for a total of $345,000.
22-0273

10. Approve the Citizens Advisory Committee ’s recommendation to appoint Miguel Salgado to fill a vacant position on the Citizens Advisory Committee. In addition, reappoint Frank Ruiz for a third term of service.
22-0277

11. Authorize the City Manager to award a contract with Mintier Harnish for an amount not to exceed $ 394,747 for the preparation of an update to the City of Visalia Housing Element, including optional tasks of updating the Safety Element and preparing an Environmental Justice Element.
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3 City Council Meeting Agenda - Final July 18, 2022

12. Authorize the City Manager to enter into a purchase agreement with Dell, to purchase video conferencing capable computer monitors and standard monitors piggybacking on the National Association of State Procurement Officials (NASPO) ValuePoint competitively bid agreement, for an amount not to exceed $400,000.
22-0282

13. Authorize the Mayor to send cosponsor request letter to appropriate federal representatives for the HELPER Act of 2021 (S. 2981/H.R. 3172).
22-0287

14. Authorize City Manager to execute a new lease agreement with Tulare County Office of Education for the continued lease for a portion of the Manuel F. Hernandez Community Center for operation of the Tulare County Early Childhood Education Program.
22-0259

REGULAR ITEMS AND PUBLIC HEARINGS
Comments related to regular Items and Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council's interest in conducting efficient, orderly meetings.

1. Conduct a Public Meeting to renew the Visalia Tourism Marketing District.
22-0290

2. Authorize the City Manager to execute agreements for the award of RFP 21-22-28 to RH Community Builders (RHCB) to convert the Majestic Motel at 4545 W. Noble Avenue for the Development of a 42-unit Permanent Affordable Rental Housing complex for qualifying populations; and appropriate $ 1,800,000 in HOME Investment Partnership American Rescue Plan Program
(HOME-ARP) and $ 900,000 in Successor Agency Housing (SAH) funds.
22-0270

CLOSED SESSION REPORT

ADJOURNMENT

1. Upcoming City Council Meetings:

Monday, August 01, 2022, at 7:00 PM; Regular Meeting, City Hall, 707 W. Acequia
Monday, August 15, 2022, at 7:00 PM; Regular Meeting, City Hall, 707 W. Acequia
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4 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0284 Agenda Date: 7/18/2022 Agenda #: 1.

Agenda Item Wording:

New Employee Introductions:

Visalia Police Department
Arturo Campos, Police Officer
Samantha Elias, Police Officer
Nicholas Jones, Police Officer
Ricardo Leyva, Police Officer
Carter Stewart, Police Officer
Brady Wilson Police Officer,
Miriam Gomez, ID Technician
Ariel Gonzales, Police Technician
Visalia Fire Department
Jeromy Rivinius, Firefighter Paramedic
Landon Sunia, Firefighter Paramedic
Jacob Cervantes, Firefighter Paramedic
Visalia City Council Printed on 7/14/2022Page 1 of 1
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5 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0267 Agenda Date: 7/18/2022 Agenda #: 2.

Agenda Item Wording:

Presentation of the 2022 Public Opinion Survey Results by the Citizens Advisory Committee.

Deadline for Action: None
Submitting Department: Administration
Contact Name and Phone Number:

Frank Ruiz, Chair, Citizens Advisory Committee, [email protected] Mark Wall, Sub-Committee Chair, Citizens Advisory Committee, [email protected] Luma Fahoum, Police Captain, (559) 713-4103, [email protected] Jason Serpa, Public Works Manager, (559) 713-4533, [email protected] Department Recommendation:

It is recommended that the City Council receive this presentation of the 2021 Public Opinion Survey results and provide comments and/or direction to the Citizens Advisory Committee or staff as appropriate.

Background Discussion:

Since the late 1970’s,the City has conducted some type of public opinion survey to gauge public satisfaction with City services. Initially, the survey was conducted via a calendar mail-in, and later a phone survey. Over time, that transitioned to in-person surveys being conducted in various locations throughout the City and then, commencing in 2017, a combination of in-person and online surveys have been used. This year, the survey was conducted online, with a much heavier outreach plan developed, in conjunction with the City’s Communications Manager, Allison Mackey. In person surveys were available by physical copy and QR code at both City Hall locations and Administration if the public so desired, although few utilized these options. Like the past year, Visalia Unified School District aided the City by distributing the survey through their mailing list. The 2022 online survey was opened to the public on May 1, 2022, and the link was closed on May 21, 2022.

This year's Public Opinion Survey had a sample size of 1,318 surveys completed. This was a lot less response compared to the previous year, but still much higher than the historical average. It is reasonable to speculate that the decrease in responses may be attributable to less people at home since the pandemic has receded. With that said, sample size is important because the larger the sample size, the more likely that the survey's response will represent the greater community's response. The average number of responses since 2015 is 1,172, with the low in 2015 of 277 responses, and the high in 2021 of 3,201 responses. This year’sresponse was the second highest since 2015.

Highlights: This year’ssurvey supported most of the long-term trends that have been present in the Visalia City Council Printed on 7/15/2022Page 1 of 4
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past Public Opinion surveys for Visalia:
· 87% of respondents consider the Quality of Life in Visalia to be average or better. · 79% of respondents consider the Safety in Visalia to be average or better. · 84% of respondents consider the Police Services in Visalia to be average or better. · 97% of respondents consider the Fire Services in Visalia to be average or better.

This year, the race question was inadvertently left off the online English version. Therefore, almost no race demographics were collected since most surveys were completed online. The Spanish version contained the race question, and all 22 respondents marked Hispanic/Latino.

Demographics for Survey Respondents:
· Gender
o Female 761
o Male 493
o Prefer not to say 52
o Non-binary/third gender 6
o Prefer to self-describe 3
· Age Groups
o 18-34 194
o 35-54 767
o 55 and over 357
· Household Income
o Less than $15,000 26
o $15,000 - $40,000 78
o $40,000 - $70,000 190
o $70,000 - $100,000 244
o $100,000 and over 579
o Decline to state 201
· Home Ownership
o Own 1,096
o Rent 196
o Other 26
· Residency
o Fewer than 2 years 59
o 2 to 5 years 97
o 6 to 10 years 149
o More than 10 years 972
· Disability or caretaker of disabled individual
o Yes - 205
o No - 1,108
New Question #1: “The City is going to build a new Sports Park. What recreational activities would you like to see at the new Sports Park?”
Because this was an open-ended question and respondents can respond with the same answer in a Visalia City Council Printed on 7/15/2022Page 2 of 4
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Because this was an open-ended question and respondents can respond with the same answer in a different way, a word cloud was the best representation of the number of times an answer was submitted. The most represented answers are listed below in alphabetical order:
· Baseball/Softball
· Basketball
· Soccer
· Swim Complex/Water Activities
· Tennis/Pickleball
New Question #2: “What amenities would you like to see in Visalia?” Since this question was also an open-ended response, a word cloud was again used to represent the responses in the presentation. The most frequently mentioned answers are listed below in alphabetical order:
· Better Shopping
· Homeless Solution
· More Parks
· More Trails/Bike Paths
· Trader Joe’s/Whole Foods
· Water Park/Community Pool
New Question #3: “Do you think the City of Visalia should have a Public Swim Complex?” · Yes - 933 (72.3%)
· No - 356 (27.7%)
Fiscal Impact:

N/A
Prior Council Action:

City Council reviewed and recommended changes to the survey questions on January 18 and March 21, 2022.

City Council annually receives this report from the CAC. Council last received this presentation on August 2, 2021.

Other:

N/A
Alternatives:

None recommended.

Recommended Motion (and Alternative Motions if expected):

I move to receive the report from the Citizens Advisory Committee regarding the 2022 Public Opinion Survey.

Environmental Assessment Status:

N/A
Visalia City Council Printed on 7/15/2022Page 3 of 4
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CEQA Review:

N/A
Attachments:
2022 Public Opinion Survey Presentation
2022 Public Opinion Survey - English
2022 Public Opinion Survey - Spanish
Visalia City Council Printed on 7/15/2022Page 4 of 4
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9 City of Visalia 2022 Public Opinion Survey
City Council Meeting,July 18, 20221
10 •Chair: Frank Ruiz•Sub-Committee Chair Mark Wall•Volunteers: CAC CommitteeOnline Survey Conducted 5/1/2022 – 5/21/20222 11 Background: QuadrantsIn 2022 – 1,318 surveys receivedIn 2021 – 3,201 surveys receivedIn 2020 – 777 surveys receivedIn 2019 – 1,063 surveys received 3 Northeast18%24%Southeast36%Northwest22%Southwest
Northeast
Southeast
Northwest
Southwest
12 Survey DemographicsWho responded to the Survey?Where they live & how long have they been here? 40%20%40%60%80%100%120%2022 2021 2020Are you a registered voter?YesNo0%20%40%60%80%100%<2 2-5 6-10 10+How long have you lived in Visalia?2022202120200%20%40%60%80%100%2022 2021 2020Do you own or rent your home?OwnRentOther 13 Age History of Respondents
517%13%15%40%42%58%43%45%27%0%10%20%30%40%50%60%70%
2020 2021 2022
Percentage of Respondents per Year by Age18-3435-5455+
14 Preferred Method of CommunicationWhich social media platform do you primarily use?Which would be the best source for you to access City information? 6Social Media City Website Mail (PostalService)Email0%10%20%30%40%50%60%Which would be the best source for you to access City of Visalia information?20222021Facebook Twitter Instagram Other None0%10%20%30%40%50%60%70%Which social media site do you primarily use?20222021 15 Quality Of LifeTaking all things into consideration, how would you rate the overall quality of life in Visalia? •87% of citizens view the quality of life as being average to very high compared to 89% in 2021 and 92% in 2020.72%11%48%34%5%2%9%49%35%5%1%7%43%42%7%0%10%20%30%40%50%60% Very Low Low Average High Very High202220212020
16 Quality Of Life – Cross Tabulation by AgeTaking all things into consideration, how would you rate the overall quality of life in Visalia? 81%12%53%31%4%2%12%49%33%4%2%10%43%39%6%0%10%20%30%40%50%60% Very Low Low Average High Very High
Quality of Life by Age Demographic18-3435-5455+
17 Quality Of Life – Cross Tabulation by IncomeTaking all things into consideration, how would you rate the overall quality of life in Visalia? 91%9%68%21%0%2%15%49%29%6%1%9%52%33%5%1%10%45%39%5%0%10%20%30%40%50%60%70%80% Very Low Low Average High Very High
Quality of Life by Income Level$15K-$40K$40K-$70K$70K-$100K$100K+ 18 Quality Of Life – Cross Tabulation by QuadrantTaking all things into consideration, how would you rate the overall quality of life in Visalia? 104%12%46%33%5%1%12%49%34%4%1%10%47%36%6%1%12%51%32%3%0%10%20%30%40%50%60% Very Low Low Average High Very HighNortheastSoutheastNorthwestSouthwest 19 Quality Of Life – Insight•Older citizens rated their quality of life higher, especially when compared to the youngest demographic•The income statistics show that as income increased, so did the quality-of-life responses, except for the lowest income range which predominantly rated the quality of life as average.•When it came to quadrant comparison, this year the chart showed a more normal distribution with most responses being average to high. This was very similar to the previous year responses.11 20 How would you rate the City’s efforts in providing a safe community? 126%15%48%26%5%4%12%51%28%4%2%9%48%35%6%0%10%20%30%40%50%60% Very Low Low Average High Very High20222021202079% of respondents rated the Safety in Visalia as “average” or better as compared to 83% the previous year. 21 Safety Rating - Cross Tabulation by City QuadrantHow would you rate the City’s efforts in providing a safe community? 139%16%43%29%4%7%15%48%24%5%3%14%52%26%5%6%16%46%25%6%0%10%20%30%40%50%60% Very Low Low Average High Very High
Safety Rating by City QuadrantNortheastSoutheastNorthwestSouthwest 22 Safety Rating - Cross Tabulation by IncomeHow would you rate the City’s efforts in providing a safe community? 141%13%75%8%3%9%19%39%29%4%5%11%55%26%3%5%12%48%27%8%0%10%20%30%40%50%60%70%80% Very Low Low Average High Very High
Safety Rating by Income level$15K-$40K$40K-$70K$70K-$100K$100K+ 23 •Comparing city quadrants, all parts of the City had responses that were evenly distributed. •Respondents with income levels of $40K and above all rated the Safety rating as “average” to “high”•This year’s lowest income level respondents rated the City’s Safety rating as “average” more than any of the past years. Only 11% of this income group rated the safety of the City as “high” or “very high.”15 24 Police ServicesHow would you rate the police service you received?Of the 32% of respondents that had police contact:
60% rated police services High or Very High, compared to 59% previous year167%9%23%32%29%6%10%25%31%28%4%10%24%30%31%0%5%10%15%20%25%30%35% Very Low Low Average High Very High202220212020
25 Police Services by City QuadrantHow would you rate the police service you received?Of the 32% of respondents that had police contact:
170%5%10%15%20%25%30%35%40%
Very Low Low Average High Very HighNortheastSoutheastNorthwestSouthwestPoly. (Northeast)Poly. (Southeast)Poly. (Northwest)Poly. (Southwest) 26 Police Services Takeaways
18 •As it has in previous years, police services has rated average to very high. This year, respondents tended to rate police services higher in general.•Compared to the previous two years, the Northeast section of town rated police services much more favorably.•The trendlines also showed unity in the way police services were rated as all quadrants of the City tended to respond in the same manner. 27 Fire ServicesHow would you rate the fire service you received?Of the 12.5% of respondents that had Fire contact:
88% rated fire services High or Very High compared to 78% previous year191%2%9%25%63%3%3%15%32%46%1%2%16%26%56%0%10%20%30%40%50%60%70% Very Low Low Average High Very High202220212020
28 Fire Services by City QuadrantHow would you rate the fire service you received?Of the 12.5% of respondents that had Fire contact:
20-20%0%20%40%60%80%100%
Very Low Low Average High Very HighNortheastSoutheastNorthwestSouthwestPoly. (Northeast)Poly. (Southeast)Poly. (Northwest)Poly. (Southwest) 29 •Fire services continued to rate high to very high across the city.•Fire services received the highest ratings from the Northeast quadrant than all previous years.21 30 Quality of ServicesWhat do you consider the most essential City services besides Police and Fire departments? Road Maintenance is once again the main concern. Those that responded “Other,” primarily mentioned public safety and homeless cleanup as their main concerns in open ended responses.2247%12%17%13%10%52%11%18%8%11%60%11%22%7%0%0% 10% 20% 30% 40% 50% 60% 70%Road MaintenancePark MaintenanceTraffic Signs & SignalsRecreation ActivitiesOther202020212022 31 Quality of Services – Age Comparison
23 43%21%20%16%Ages 18-34Road Mtc.Park Mtc.Traffic SignalsRecreation50%14%18%18%Ages 35-54Road Mtc.Park Mtc.Traffic SignalsRecreation59%10%21%10%Ages 55+Road Mtc.Park Mtc.Traffic SignalsRecreation 32 •Road Maintenance and Traffic Signs and Signals were still highest on the priority list for citizens, especially for the oldest age groups.•Open ended responses pointed to the following: •Homelessness•Trash (as related to homelessness)•Open spaces•Growth / Urban Planning24 33 City V enue Usage 2020How many times have you attended the following Venues in the past year? 25 34
City V enue Usage 2021How many times have you attended the following Venues in the past year? 2620%52%42%5%20%34%22%12%13%6%11%14%47%4%22%67%
0%10%20%30%40%50%60%70%80%
City Parks Convention Center City Trails Downtown VisaliaNone1 to 2 times3 to 4 times5 or more 35 How would you rate the following services in Visalia? Note: Some responses came back as “not observed.”270.00%10.00%20.00%30.00%40.00%50.00%60.00%70.00%80.00%How would you rate the following services in Visalia?PoorAverageExcellent 36 Takeaways from City Services Ratings•Services that were rated the highest were Police, Fire, Private Ambulance, and Solid Waste Collection.•Services that were rated mostly average were, Bus Services, Community Services for Seniors, and Services for People with Disabilities.•City Road Maintenance and Traffic Management were the only two categories that received a higher amount of “poor” responses versus “excellent.”28 37 The City is going to build a new Sports Park. What recreational activities would you like to see?New question 1:
29 38
What amenities would you like to see in Visalia?New question 2:
30 39
Do you think that Visalia should have a Public Swim Complex?New question 3:
31 40
Visual representation of open-ended comments on what citizens felt was the most important item for the City to work on:
32 41
Major Takeaways from Open Ended Comments•Homelessness is still an unsolved problem•Drug crime and gangs were mentioned frequently.•Some other responses that came up often were roads, traffic and safety.33 42 Questions & Answers
34 43
2022 CITY OF VISALIA

PUBLIC OPINION SURVEY

1. Are you a City of Visalia Resident?
Yes No

2. What part of the city do you live in if Mooney Blvd. and Hwy 198 are considered the cross section?
1 - Northeast 2 - Southeast 3 - Northwest 4 - Southwest

3. How do you rate the City of Visalia’s efforts at providing a safe community?
1 - Very Low 2 - Low 3 - Average 4 - High 5 - Very High

4. Have you had service contact with the Visalia Police Department in the past year? (If “No”, go to question 5)
Yes No
If you answered “Yes”, how would you rate the service you received? 1 - Very Poor 2 - Poor 3 - Average 4 - Good 5 - Excellent

5. Have you had service contact with a Visalia Firefighter in the past year? (If “No”, go to question 6)
Yes No
If you answered “Yes”, how would you rate the service you received? 1 - Very poor 2 - Poor 3 - Average 4 - Good 5 - Excellent

6. What do you consider to be the most essential city service besides Police and Fire?
1 - Road Maintenance 2 - Park Maintenance 3 - Traffic Signs & Signals 4 - Recreation Activities 5 – Other

7. During this last year, how many times have you visited or attended activities at?
City Parks 1 - None 2 - 1 to 2 times 3 - 3 to 4 times 4 - 5 or more Convention Center 1 - None 2 - 1 to 2 times 3 - 3 to 4 times 4 - 5 or more City Trails 1 - None 2 - 1 to 2 times 3 - 3 to 4 times 4 - 5 or more Downtown Visalia 1 - None 2 - 1 to 2 times 3 - 3 to 4 times 4 - 5 or more

8. How do you rate the following services in Visalia?
Police Emergency Response
1 - Very poor 2 – Poor 3 - Average 4 – Good 5 – Excellent 6 – Not observed Fire Emergency Response
1 - Very poor 2 – Poor 3 - Average 4 – Good 5 – Excellent 6 – Not observed Private Ambulance
1 - Very poor 2 – Poor 3 - Average 4 – Good 5 – Excellent 6 – Not observed City Road Maintenance
1 - Very poor 2 – Poor 3 - Average 4 – Good 5 – Excellent 6 – Not observed Traffic Management
1 - Very poor 2 – Poor 3 - Average 4 – Good 5 – Excellent 6 – Not observed Bus Services
1 - Very poor 2 – Poor 3 - Average 4 – Good 5 – Excellent 6 – Not observed Street Lighting
1 - Very poor 2 – Poor 3 - Average 4 – Good 5 – Excellent 6 – Not observed Community Services for Seniors
1 - Very poor 2 – Poor 3 - Average 4 – Good 5 – Excellent 6 – Not observed Recreational Activities
1 - Very poor 2 – Poor 3 - Average 4 – Good 5 – Excellent 6 – Not observed Services for People with Disabilities
1 - Very poor 2 – Poor 3 - Average 4 – Good 5 – Excellent 6 – Not observed Park Maintenance
1 - Very poor 2 – Poor 3 - Average 4 – Good 5 – Excellent 6 – Not observed Garbage & Recycling Collection
1 - Very poor 2 – Poor 3 - Average 4 – Good 5 – Excellent 6 – Not observed Convention Center
1 - Very poor 2 – Poor 3 - Average 4 – Good 5 – Excellent 6 – Not observed

44 9. The City is going to build a new Sports Park. What recreational activities would you like to see at the new Sports Park?

10. What amenities would you like to see in Visalia?

11. Do you think the City of Visalia should have a Public Swim Complex?
1 – Yes 2 – No

12. How long have you lived in Visalia?
1 - Fewer than 2 years 2 - 2 to 5 years
3 - 6 to10 years 4 - More than 10 year

13. Are you a registered voter?
Yes No

14. Do you own or rent your home?
1 - Own 2 - Rent 3 - Other

15. What is your race?
1 – Hispanic/Latino 2 – White
3 – Black/African American 4 – American Indian
5 – Asian 6 - ___________

16. What is your gender?
1 – Female 2 – Male
3 - Non-binary/ third gender 4 - Prefer to self-describe ______________ 5 - Prefer not to say

17. What is your age group?
1 - 18 to 34 2 - 35 to 54 3 - 55 and over

18. What was your household’s total income before taxes last year? 1 - Less than $15,000 2 - $15,000 to $40,000 3 - $40,000 to $70,000 4 - $70,000 to $100,000 5 $100,000 and over 6 - Decline to state

19. Do you identify yourself as a person with a disability or a caretaker of a disabled individual?
1 – Yes 2 - No

20. What is the most important thing that the City of Visalia should be working on to make Visalia better?

21. Taking all things into consideration, how would you rate the overall quality of life in the City of Visalia?
1 - Very Low 2 - Low 3 - Average 4 - High 5 - Very High

22. Which would be the best source for you to access City information?
1 – Social Media 2 – City Website 3 – Mail (Postal Service) 4 – E-mail

23. Which social media site do you primarily use?
1 – Facebook 2 – Twitter 3 – Instagram 4 – Other 5 – None

(Comment in this area)
(Answer)
(Answer)
45 The City of Visalia produces an e-mail newsletter. Would you like to receive the newsletter? If so, please provide your email address below.

46 2022 Ciudad de Visalia

Encuesta de Opinión

1. ¿Es usted residente de la ciudad de Visalia?
Sí No

2. ¿En qué parte de la ciudad vive usted si Mooney Blvd. y la autopista 198 se consideran las divisiones de la cuidad? 1 - Noreste 2 - Sureste 3 - Noroeste 4 - Suroeste

3. ¿Cómo califica los esfuerzos de la ciudad de Visalia para proporcionar una comunidad segura?
1 - Muy bajo 2 - Bajo 3 - Promedio 4 - Alto 5 - Muy alto

4. ¿Si ha tenido un contacto de servicio con el Departamento de Policía de Visalia en el último año, ¿cómo calificaría el servicio que recibió? (Si no ha tenido contacto, pase a la pregunta 5) 1 - Muy mal 2 - Mal 3 - Promedio 4 - Bueno 5 - Excelente

5. ¿Si ha tenido contacto de servicio con un bombero de Visalia en el último año, ¿Cómo calificaría el servicio que recibió? (Si no ha tenido contato, pase a la pregunta 6)
1 - Muy mal 2 - Mal 3 - Promedio 4 -Bueno 5 – Excelente

6. ¿Cuál considera que es el servicio más esencial de la cuidad, a parta de Policía y Bomberos?
1 - Mantenimiento de calles 2 - Mantenimiento de parques 3 - Señales de tráfico y semáforos 4 - Actividades recreativas 5 - Otros

7. Durante este último año, ¿cuántas veces ha visitado o asistido a actividades en?
Parques de Visalia
1 - Ninguna 2 - 1 a 2 veces 3 - 3 a 4 veces 4 - 5 o más veces Centro de convenciones
1 - Ninguna 2 - 1 a 2 veces 3 - 3 a 4 veces 4 - 5 o más veces Senderos de la ciudad
1 -Ninguna 2 - 1 a 2 veces 3 - 3 a 4 veces 4 - 5 o más veces Centro de Visalia (Downtown)
1 - Ninguna 2 - 1 a 2 veces 3 - 3 a 4 veces 4 - 5 o más veces

8. ¿Cómo califica los siguientes servicios en Visalia?
Respuesta de policia a emergencias
1 Muy mal 2 Mal 3 Promedio 4 Bueno 5 Excelente 6 No ha observado Respuesta de bomberos a emergencias
1 Muy mal 2 Mal 3 Promedio 4 Bueno 5 Excelente 6 No ha observado Ambulancias privadas
1 Muy mal 2 Mal 3 Promedio 4 Bueno 5 Excelente 6 No ha observado Mantenimiento de calles de la ciudad
1 Muy mal 2 Mal 3 Promedio 4 Bueno 5 Excelente 6 No ha observado Control de tráfico
1 Muy mal 2 Mal 3 Promedio 4 Bueno 5 Excelente 6 No ha observado Servicios de autobús
1 Muy mal 2 Mal 3 Promedio 4 Bueno 5 Excelente 6 No ha observado Iluminación de las calles
1 Muy mal 2 Mal 3 Promedio 4 Bueno 5 Excelente 6 No ha observado Servicios para personas mayores
1 Muy mal 2 Mal 3 Promedio 4 Bueno 5 Excelente 6 No ha observado Actividades recreativas
1 Muy mal 2 Mal 3 Promedio 4 Bueno 5 Excelente 6 No ha observado Servicios para personas discapacitadas
1 Muy mal 2 Mal 3 Promedio 4 Bueno 5 Excelente 6 No ha observado Mantenimiento de parques
1 Muy mal 2 Mal 3 Promedio 4 Bueno 5 Excelente 6 No ha observado Colección de basura y reciclaje
1 Muy mal 2 Mal 3 Promedio 4 Bueno 5 Excelente 6 No ha observado Centro de convenciones
1 Muy mal 2 Mal 3 Promedio 4 Bueno 5 Excelente 6 No ha observado

47 9. La Ciudad de Visalia va a construir un nuevo Parque Deportivo. ¿Qué actividades recreativas le gustaría ver en el nuevo Parque Deportivo?

10. ¿Qué comodidades le gustaría ver en Visalia?

11. ¿Cree que la ciudad de Visalia debería tener una piscina pública?
Sí No

12. ¿Cuántos años ha vivido en Visalia?

1 - Menos de 2 años 2 - 2 a 5 años
3 - 6 a 10 años 4 - 10 o más años

13. ¿Es usted un votante registrado?

Sí No

14. ¿Es usted dueño o alquila su hogar?

1 - Dueño 2 - Alquila 3 - Otro

15. ¿Cuál es su origen étnico?

1 - Hispano/Latino 2 - Caucásico
3 - Afroamericano 4 - Indio Americano
5 - Asiático 6 - Otro

16. ¿Cuál es su género?
1 - Femenino 2 - Masculino
3 - No binario/tercer género 4 - Prefiero autodescribirme 5 - Prefiero no decir

17. ¿Cuál es su grupo de edad?
1 - 18 a 34 2 - 35 a 54 3 - 55 años y más

18. ¿Cuál fue el total de ingresos de su hogar antes de impuestos del año pasado?
1 - Menos de $15,000 2 - $15,000 a $40,000 3 - $40,000 a $70,000 4 - $70,000 a $100,000 5 - $100,000 y más 6 - No declara

19. ¿Se identifica como persona con discapacidad o como cuidador de una persona discapacitada?

Sí No

20. Cuál es la cosa más importante que debería hacer la ciudad para mejorar Visalia?

21. Tomando todo en cuenta y en general, ¿cómo califica la calidad de vida en Visalia?
1 – Muy bajo 2 – Bajo 3 – Promedio 4 –Alto 5 –Muy alto

(Comente en esta área)

48 22. ¿Cuál sería la mejor fuente para usted acceder a la información de la ciudad?

1 - Las redes sociales 2 - El sitio web de la ciudad 3 - Correo (servicio postal) 4 - Correo electrónico

¿Cuál sitio de medios sociales utiliza principalmente?

1 - Facebook 2 - Twitter 3 - Instagram 4 - Other 5 - None La ciudad de Visalia produce un boletín electrónico. Si desea recibir el boletín, por favor proporcione su correo electrónico:
__________________________________@_____________________  ¡GRACIAS POR SU PARTICIPACIÓN! 
49 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0278 Agenda Date: 7/18/2022 Agenda #: 3.

Agenda Item Wording:

Consideration of and direction on initiating potential Zoning Ordinance Updates for traditional Single- Family Residential Development Design Standards for R-1-5 (Single-Family Residential 5,000 square feet minimum lot size) Zoned Subdivisions.

Deadline for Action: 7/18/2022
Submitting Department: Community Development
Contact Name and Phone Number:

Paul Bernal, Community Development Director, [email protected], 713-4025 Jason Huckleberry, Assistant Community Dev Director, [email protected], 713-4495 Department Recommendation:

Staff recommends that City Council conduct a review of current zoning codified development standards related to traditional R-1-5 single-family residential subdivisions (Chapter 17.12 Single- Family Residential Zone, included as Attachment 1) and consider the information presented in this report. Based on the staff report, presentation and comments received, the City Council may direct staff to formulate objective residential design standards to be codified as part of a zoning ordinance update. These objective residential design standards will be implemented in traditional R-1-5 single- family residential subdivisions.

If the City Council directs staff to pursue codified single-family residential design standards, additional staff time, along with the assistance of a consultant to prepare design codes and diagrams may be needed. Anticipated time to complete any updates is anticipated to take between ten months to one year. Staff will present cost estimates at a future City Council meeting if directed to pursue these changes.

Staff will also conduct outreach and solicit input from the development community on residential design standards to be considered for implementation as part of this process.

Background Discussion:

At the June 20, 2022 City Council meeting, the first residential annexation request in the Tier II Urban Growth Development Boundary was presented to Council for initiation. The annexation was a request to initiate an application filing with LAFCO associated with the Higgins Ranch Tentative Subdivision, which was approved by the Planning Commission at their May 19, 2022, meeting. The Higgins Ranch subdivision will subdivide a 32.35-acre parcel into a 174-lot single-family residential subdivision at a density of 5.38 dwelling units per acre.

During the public hearing of the annexation item, councilmembers raised concerns about the overall design of the Higgins Ranch subdivision. The subdivision map was attached to the annexation staff report to provide the City Council with an overview of the entire project, although the subdivision map Visalia City Council Printed on 7/15/2022Page 1 of 9
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was not subject to any review by the Council.

The items raised by some Councilmembers are as follows:

1. Lot size.

2. Lack of public open space.

3. Subdivision design considerations related to surrounding features (irrigation ditch).

4. Local street widths.

Staff informed the Council that the Higgins Ranch subdivision complied with both the General Plan land use density for Low Density Residential designated land, and the City’sZoning Ordinance and Engineering Design standards related to lot area, setbacks, street widths, and super-block connectivity.

Based on comments received during the annexation discussion, staff concluded that a work session item should be presented to Council to discuss the City’scurrent R-1 Zoning Ordinance objective standards required for traditional single-family residential subdivisions, and to solicit comments from the Council on potential Zoning Ordinance updates via the Zoning Text Amendment process.

Please note, as discussed with both the City Council and Planning Commission at the June 13, 2022, joint meeting, staff noted that there are currently seven residential subdivision projects within Tier II (including the Higgins Ranch subdivision) that are in process and will require annexations. While most of the projects have yet to secure required discretionary approvals, they are anticipated to generate a total of 1,666 single-family residential lots.

Land Use Densities (Low Density Residential):

Visalia’s General Plan includes four residential land use designations that permit a range of residential development types with densities that range from 0.1 to 35 units per acre. Although the General Plan establishes density standards for each type of residential land use (i.e., very-low, low, medium, and high density residential) the focus of this report is related to development design standards that could be applied to the single-family residential zone (i.e., R-1-5 zone) which falls under the Low Density Residential land use designation of the General Plan. This designation requires developments to provide a density between 2 to 10 dwelling units per acre. The purpose of the density standards is to indicate how much development is allowed or recommended on a single plot of land.

More detailed characteristics of each of the other residential land use categories are briefly described in the table below:

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Land Use Designation Descripti
on
Residential Density Range1 Consistent
Zoning
Districts
Residential Designations
Very Low Density
Residential
RVLD Large lot residential development
where all infrastructure may not be
required.

0.1 to 2 units /
acre
R-1-20
Low Density
Residential
RLD Single-family detached homes,
accommodating the majority of the
city's residential uses
2 to 10 units /
acre
R-1-5; R-1-

12.5 Medium Density
Residential
RMD Accommodates a mix of housing types
including small-lot homes, zero-lot-line,
duplexes, fourplexes, and apartments
10 to 15 units /
acre
R-M-2
High Density
Residential
RHD Accommodates a mix of housing types
including zero-lot-line developments,
duplexes, fourplexes, and apartments
15 to 35 units /
acre
R-M-3
1 Densities are based on dwelling units per gross acre
Source: City of Visalia General Plan, 2014.

Please note, in addition to the General Plan land use designation standards, the City of Visalia is required per it’sHousing Element to ensure projects comply with the required densities as defined in the General Plan to help the City meet its housing needs for all income levels. Projects that comply with both the density standards and zoning ordinance requirements must be approved.

Zoning and Engineering Design Standards:

In the R-1 single-family residential zone, the purpose and intent is to provide living areas within the city where development is limited to low density concentrations of one-family dwellings where regulations are designed to accomplish the following:
1) Promote and encourage a suitable environment for family life. 2) Provide space for community facilities needed to compliment urban residential areas and for institutions that require a residential environment.
3) Minimize traffic congestion and to avoid an overload of utilities designed to service only low- density residential use.

The R-1 Zoning Ordinance was updated as part of the comprehensive Zoning Ordinance update completed in early 2017. This was done to bring consistency between the Zoning Ordinance and the General Plan (adopted October 2014), as required by State law. As part of the Zoning Ordinance update and to facilitate a higher density than allowed with the standard minimum lot size of 6,000 square feet (i.e., R-1-6 zone district) under the previous Zoning Ordinance, staff introduced revisions to the R-1 standards that reduced the minimum lot size from 6,000 square feet to 5,000 square feet.

The reduction to the minimum lot size provides developments the opportunity to achieve an assumed buildout density, as supported by General Plan Object LU-O-19 which states; “Ensureadequate land area is available for future housing needs, enabling an average citywide gross density of 5.3 dwelling units per acre of new residential development.” Retaining the minimum 6,000 square foot lot area would not meet the General Plan’s policies for increasing residential density.

The standard development requirements for dwellings in the R-1-5 zone district are as follows:

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Code Section / Subject Requirement

17.12.050 Site area. 5,000 sq. ft.

17.12.080 Front yard. 15-ft. for living space and side-loading garages. 22-ft. for front-loading garages or other parking facilities, such as, but not limited to, carports, shade canopies, or porte- cochere.

17.12.090 Side yards. Minimum side yard shall be 5-ft, subject to the exception that on the street side of a corner lot, the side yard shall be not less than 10-ft.

17.12.100 Rear yard. Minimum yard shall be 25-ft. Main residential structures may encroach up to 5-ft. into a required rear yard area.

17.12.110 Height of
structures.

Maximum height shall be 35-ft., with the exception of
structures specified in Section 17.12.100(B).

Zoning Standards for Lot Sizes Below 5,000 Square Feet:

In addition, Small Lot Development Standards for lots less than the 5,000 sq. ft. minimum lot size were also adopted in the R-1 section of the ordinance. This provision (i.e., Section 17.12.135) allows the creation of small lots (lot areas between 3,600 and 4,999 square feet) without the requirement of a Conditional Use Permit (CUP). Staff identified standards to entice a developer to pursue small lot subdivisions by eliminating the CUP requirement but holding these types of developments to codified development standards. The Small Lot provisions provide the flexibility to create small lots if certain development standards are met, which include the following (the full text of Section 17.12.135 is included as Attachment 2):
· Minimum lot size of 3,600 sq. ft.
· The number of small lots sized between 3,600 and 4,999 square feet shall not exceed 50% of total number of lots proposed.
· Subdivision shall be developed with public streets in compliance with Engineering Division Design & Improvement Standards.
· Subdivision shall make available at least three different floor plans and four different elevations.
· Objective standards which deemphasize the garage as a prominent feature (i.e., garage shall be behind the front building façade and shall be less than 50% of the width of the structure). · Units shall include a covered front porch, or an uncovered front courtyard as specified by Code.

In the event that the development standards as contained in Section 17.12.135 cannot be met, or if the creation of lots less than 3,600 square feet are desired, then a CUP is required.

Residential Local Street Standards:

To ensure that local residential street configurations are designed to adequately accommodate neighborhood traffic, all standard residential subdivisions are required to be develop local residential streets to the “P-1 Design and Improvement Standard”, which utilizes a 60-ft. wide local street pattern. The 60-ft. wide street provides a 40-ft. “curb-to-curb”roadway and, on each side of the Visalia City Council Printed on 7/15/2022Page 4 of 9
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pattern. The 60-ft. wide street provides a 40-ft. “curb-to-curb”roadway and, on each side of the street, 5-ft. parkway landscape planters and 5-ft. sidewalks. The 60-ft. local street cross-section was increased from the prior 52-ft. and 56-ft. local residential street designs in 2016. The increase in local street width was to accommodate emergency service and solid waste vehicles. The “Design and Improvement Standards P-1 Local Residential Street”exhibit is included as Attachment 3 to the staff report.

General Plan Pocket Park Policy:

The City’sgeneral plan provides for a wide range of park and open space amenities, all aimed at achieving a standard of 5 acres of park area per 1,000 residents as stated in General Plan Policy PSCU-P-2. In order to meet this goal, General Plan Policy PSCU-P-1 calls for the preparation of a Parks and Recreation Master Plan to act as the guiding blueprint. While a master plan has not been adopted, the General Plan details the different park types and provides specific requirements for each related to size, service area, typical amenities, and funding. The table below summarizes the requirements of the general plan.

Park Type Size (acres) Service Area
Radius (miles)
Typical Amenities Maintenance
Pocket 0.5 to 2 0.5 Varies based on surrounding use and needs Landscape/ Lighting District
Neighborhood 2 to 5 0.5 to 1 Playgrounds, picnic tables, benches Parks Dept Community 5 to 12 2 Sports fields, rec buildings, restrooms Parks Dept Large City Park 40+ Citywide Sports fields, golf courses, etc. Parks Dept In order to meet the criteria for park to resident ratio, the City’sgeneral plan and corresponding land use zoning specify locations for neighborhood, community and large city park locations (see Attachment 4). Residential development projects containing these identified zones are required to dedicate park land, and in some cases build the park, as directed by the Parks Division. These park dedications are generally funded through the park impact fee program. Pocket parks however are not identified within the City’sland use diagram, and therefore, are not tallied in the required park ratios listed within the general plan (5 acres of park per 1,000 residents).

The City adopted a pocket park policy in February 2005 detailing design standards for pocket parks within residential projects. While offering design guidelines, the policy did not specify any specific requirements regarding under what circumstances to provide pocket parks within development projects. As proposed within the pocket park policy, if the developer desires to include a pocket park, costs for construction and maintenance of the pocket park will be through a Landscape and Lighting District (L&LD). The City’s general plan reinforces this policy by also providing greater detail for design and including specific language allowing for pocket parks to be reimbursed through the creation of Landscape and Lighting Districts when meeting specific design criteria. The general plan also provides for pocket park credits to be granted under the Park Acquisition and Development Impact Fee program (General Plan Policy PSCU-P-2) however, this has not been applied as it would be a deviation from the current process on how pocket parks are maintained (see Attachment 5).

The difficulties in maintaining pocket parks throughout the community with City staff is the logistics of getting crews to all these smaller locations. This becomes inefficient with staff spending much of their workday driving to various locations. In addition, if City staff were to take over the maintenance of pocket parks, the tracking of expenditures for City staff, equipment, and materials for reimbursement Visalia City Council Printed on 7/15/2022Page 5 of 9
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pocket parks, the tracking of expenditures for City staff, equipment, and materials for reimbursement by the L&LD to the Parks Department would need to be implemented.

Conversely, the benefits of pocket parks being maintained as part of the L&LD is the contractor’s landscape crews are already scheduled to maintain the landscape around the subdivision; including the pocket park as part of the maintenance can easily be incorporated into these contracts. The second is tracking of expenditures since the maintenance is bid into a monthly cost to maintain the area, one invoice will include labor, equipment, and materials, excluding vandalism or major repairs not covered within the contract.

Potential Design Considerations for Residential Subdivisions:

Visalia has a long history of fostering and sustaining well planned neighborhoods, which are the catalyst and foundation that have carried into new residential neighborhood developments. Many of the residential developments found throughout the community are well connected to surrounding areas via the local street network, and by the parks and trail amenities found throughout the community. With the opening of the Tier II Urban Growth Boundary, the continuation of well-designed subdivision layouts is critical to ensuring that every resident enjoys the place they live. Subdivision designs shall also act toward promoting safe pedestrian activities, creating variety and interest in the appearance of residential streets and housing types, expanding community open space, and protecting significant features of the natural environment.

As a result of comments received from the City Council at the June 20th meeting, staff has researched residential subdivision design concepts that have been adopted in one form or another in several other communities. These concepts may help assist project designers and property owners in understanding and implementing the city's goals for attaining high quality residential development.

The City Council, based on a brief overview of residential design considerations identified in this staff report, may direct staff to pursue creating specific object residential design standards for Visalia, that are not preempted by State code. The State allows local jurisdictions to adopt ordinances that include customized development standards for the applicable zone, such as height, front setbacks, lot coverage, etc., as long as the standards are objective and do not preclude residential development.

The State defines objective standards as those that “involveno personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and public official prior to submittal.” These design standards would then be reviewed and considered through the Zoning Ordinance Text Amendment process.

The following is a brief overview of residential design considerations that the City Council may direct staff to consider as part of a Zoning Text Amendment process. Please note the design standards listed below are not intended to be fully inclusive and other design considerations related to residential subdivisions may be explored if directed to pursue codified changes to the R-1 zoning standards.

1. Lot size/widths: Council may direct staff to reconsider the minimum lot area and seek ways to increase or require that new neighborhoods provide for a variation of minimum lot areas. The Visalia Municipal Code provides authority to regulate the lot size of a proposed subdivision.

Single-family lot patterns could be varied to avoid repetitive streetscapes. This could be accomplished by encouraging a variety of lot types and/or sizes on residential blocks. Lot sizes should vary enough to create a perceptible difference. Consecutive lots of the same Visalia City Council Printed on 7/15/2022Page 6 of 9
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sizes should vary enough to create a perceptible difference. Consecutive lots of the same width could be limited on a street block.

2. Open Space and Natural Features Integration: Providing open space (i.e., linear parks, pocket parks, trails, etc.) and integrating natural features into a residential project can significantly increase the appreciation of residents in their neighborhoods, provide safe places for children and families to play, and maintain a strong sense of connection with the surrounding natural environment. Council may direct design considerations that would seek to do the following:
a. Single-loaded streets (those with residential development on one side and open space on the other) should be used to provide public access to, and visibility of, natural open spaces and public parks/trails.
b. Development adjacent to parks or other public open spaces should be designed to provide maximum visibility of these areas.
c. Pedestrian access to and along creeks, trails, and riparian corridors from residential areas should be implemented.
d. Natural amenities such as mature trees, creeks, riparian corridors, and similar features should be preserved and incorporated into proposed residential development.

3. Requiring Pocket Parks based on Number of Lots: Considerations could be explored requiring the inclusion of pocket parks based on a minimum lot threshold (ex. One pocket park required for every 50 residential lots). Establishing codified requirements on when pocket parks are required and the location of the pocket parks is crucial, particularly when a neighborhood is within a specified distance of an existing or planned city park. Location criteria should consider centrally locating these types of amenities and require that pocket parks be open and visible to the surrounding homes. In addition, a minimum pocket park size should be established that could facilitate amenities such as play equipment including basketball court, playing field, seating, tables, etc., in the pocket park area. Please note not all of the item listed are intended to be incorporated into every pocket park but are provided as examples of what could be included if desired. Considerations on how the pocket parks are to be funded (Landscape and Lighting Districts vs. Park Impact fees) will be evaluated as part of this process.

4. Other Residential Design Considerations: In addition to the design considerations as noted above, the Council may direct staff to pursue design considerations on the following:
a. Block length: Establish a maximum block length standard. The length of blocks between intersecting streets should be as short as possible to provide pedestrian connectivity, where feasible.
b. Cul-de-sacs: Limit use of dead-end streets, such as cul-de-sacs, to no more than 15 percent of the total length of local residential streets. c. Garage Frontage and Placement: Although the Zoning Ordinance encourages a dwelling unit’s living space to be the prominent feature of a residential lot (i.e., 15-ft. setback to the house, 22-ft. to the garage), conventional development at times places the garage in the prominent location on the lot. The effects of garage-forward placement make it the most prominent feature of the house and reduces “eyes on” local streets. To encourage lot design by making the house the prominent feature, the following measures could be considered to minimize the visual impact of garages:
i. Require residential designs that prohibit the placement of the garage in front of the home and/or in-line with the home. At a minimum, the garage face should be recessed Visalia City Council Printed on 7/15/2022Page 7 of 9
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home and/or in-line with the home. At a minimum, the garage face should be recessed a minimum of five feet from the primary living area façade. d. Consistent use of architectural ornamentation on all four sides: The use of combined materials, such as stucco and wood siding, etc., can provide visual interest and texture; however, all sides of each single-family dwelling home should employ the same materials, design details, and window treatment on all four sides. Each new residential structure should look like the same building from all sides.

If it is the desire of the City Council to further enhance traditional single-family residential subdivision design standards, based on a set of reliable codified design standards that are in keeping with the Zoning Ordinance objectives, staff would recommend the City Council initiate a Zone Text Amendment to incorporate such residential design standards that address City Council’s concerns.

Fiscal Impact:

There are no fiscal implications associated with this item at this time. Existing staff time has been used to prepare this work session item. Additional staff time, along with the assistance of a consultant to prepare design codes and diagrams may be needed if directed to pursue a Zone Text Amendment.

Anticipated time to complete any updates is anticipated to take between ten months to one year. If directed to pursue codified single-family residential design standards, staff will come back to the City Council with a cost estimate to pursue this activity.

Correspondence:

Staff received correspondence from Greg Collins (or Councilmember Collins) on July 14, 2022, which is included in the staff report at Attachment No. 8. The letter was received prior to the distribution of the City Council agenda and staff report.

Prior Council Action: None.

Other: None.

Alternatives:

Take no action at this time, meaning that staff would review and make recommendations on future development projects based on the City’sexisting codified standard and taking into consideration the City’s existing General Plan objectives and policies.

Recommended Motion (and Alternative Motions if expected):

I move to direct staff to initiate a Zoning Text Amendment regarding Chapter 17.12 (Single-Family Residential) that facilitates objective residential design standards to be codified as part of a zoning ordinance update. In addition, staff shall report back to the City Council the estimated cost of hiring a consultant to help staff in preparing design standards. Staff shall also conduct outreach and solicit input from the development community on residential design standards to be considered for implementation as part of this process.

Environmental Assessment Status: None.

CEQA Review:

Not at this time. Formal CEQA review will be required with the processing of a Zoning Text Amendment entitlement, if directed by Council.

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Attachments:

1. Zoning Ordinance Chapter 17.12 (Single-Family Residential Zone).

2. Section 17.12.135 “Lot Sizes Below 5,000 Square Feet”.

3. Design and Improvement Standards P-1 Local Residential Street.

4. Figure 5-1: Parks and Recreation Facilities (General Plan).

5. General Plan Pocket Park Policy.

6. Typical R-1 Design, 5,000 square foot lots.

7. Typical R-1 Design, 6,000 square foot lots.

8. Letter from Greg Collins received July 14, 2022
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58 Chapter 17.12

SINGLE-FAMILY RESIDENTIAL ZONE
Sections:

Article 1. General

17.12.010 Purpose and intent.

17.12.015 Applicability.

17.12.020 Permitted uses.

17.12.030 Accessory uses.

17.12.040 Conditional uses.

17.12.050 Site area.

17.12.060 One dwelling unit per site.

17.12.070 Replacement and expansion of legally existing multiple family units.

17.12.080 Front yard.

17.12.090 Side yards.

17.12.100 Rear yard.

17.12.110 Height of structures.

17.12.120 Off-street parking.

17.12.130 Fences, walls and hedges.

17.12.135 Lot area less than 5,000 square feet.

17.12.137 Signs.

Article 2. Accessory Dwelling Units

17.12.140 Purpose and intent.

17.12.150 Definitions.

17.12.160 General provisions.

17.12.170 Process.

17.12.180 Development requirements.

17.12.190 Appeals.

17.12.200 Existing nonconforming accessory dwelling units.

Article 1. General

17.12.010 Purpose and intent.

In the R-1 single-family residential zones (R-1-5, R-1-12.5, and R-1-20), the purpose and intent is to provide living area within the city where development is limited to low density concentrations of one-family dwellings where regulations are designed to accomplish the following: to promote and encourage a suitable environment for family life; to provide space for community facilities needed to compliment urban residential areas and for institutions that require a residential environment; to minimize traffic congestion and to avoid an overload of utilities designed to service only low density residential use. (Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7270)

17.12.015 Applicability.

The requirements in this chapter shall apply to all property within R-1 zone districts. (Ord. 2017-01 (part), 2017)

17.12.020 Permitted uses.

In the R-1 single-family residential zones, the following uses shall be permitted by right:

A. One-family dwellings;
B. Raising of fruit and nut trees, vegetables and horticultural specialties; 59 C. Accessory structures located on the same site with a permitted use including private garages and carports, one guest house, storehouses, garden structures, green houses, recreation room and hobby shops; D. Swimming pools used solely by persons resident on the site and their guests; provided, that no swimming pool or accessory mechanical equipment shall be located in a required front yard or in a required side yard; E. Temporary subdivision sales offices;
F. Licensed day care for a maximum of fourteen (14) children in addition to the residing family; G. Twenty-four (24) hour residential care facilities or foster homes, for a maximum of six individuals in addition to the residing family;
H. Signs subject to the provisions of
Chapter 17.48;
I. The keeping of household pets, subject to the definition of household pets set forth in Section

17.04.030;
J. Accessory dwelling units as specified in Sections

17.12.140 through

17.12.200;
K. Adult day care up to twelve (12) persons in addition to the residing family; L. Other uses similar in nature and intensity as determined by the city planner; M. Legally existing multiple family units, and expansion or reconstruction as provided in Section

17.12.070;
N. Transitional or supportive housing as defined by California Health and Safety Code Sections 50675.2(h) and 53260(c); O. In the R-1-20 zone only, the breeding, hatching, raising and fattening of birds, rabbits, chinchillas, hamsters, other small animals and fowl, on a domestic noncommercial scale, provided that there shall not be less than one thousand (1,000) square feet of site area for each fowl or animal and provided that no structure housing poultry or small animals shall be closer than fifty (50) feet to any property line, closer than twenty-five (25) feet to any dwelling on the site, or closer than fifty (50) feet to any other dwelling;
P. In the R-1-20 zone only, the raising of livestock, except pigs of any kind, subject to the exception of not more than two cows, two horses, four sheep or four goats for each site, shall be permitted; provided, that there be no limitation on the number of livestock permitted on a site with an area of ten acres or more and provided that no stable be located closer than fifty (50) feet to any dwelling on the site or closer than one hundred (100) feet to any other dwelling. (Ord. 2017-13 (part), 2017: Ord. 2017-01 (part), 2017: Ord. 2012-02, 2012: Ord. 9717 § 2 (part), 1997: Ord. 9605 § 30 (part), 1996: prior code § 7271)

17.12.030 Accessory uses.

In the R-1 single-family residential zone, the following accessory uses shall be permitted, subject to specified provisions:

A. Home occupations subject to the provisions of Section

17.32.030;
B. Accessory buildings subject to the provisions of Section

17.12.100(B).

C. Cottage Food Operations subject to the provisions of Health and Safety Code 113758 and Section

17.32.035. (Ord.
2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: Ord. 9717 § 2 (part), 1997: prior code § 7272)

17.12.040 Conditional uses.

In the R-1 single-family residential zone, the following conditional uses may be permitted in accordance with the provisions of
Chapter 17.38:

A. Planned development subject to the provisions of
Chapter 17.26;
B. Public and quasi-public uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools, licensed day care facilities for more than fourteen (14) children; churches, parsonages and other religious institutions; C. Public and private charitable institutions, general hospitals, sanitariums, nursing and convalescent homes; not including specialized hospitals, sanitariums, or nursing, rest and convalescent homes including care for acute psychiatric, drug addiction or alcoholism cases;
D. Public uses of an administrative, recreational, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations, ambulance service and other public building, structures and facilities; public playgrounds, parks and community centers; E. Electric distribution substations;
F. Gas regulator stations;
G. Public service pumping stations, i.e., community water service wells; H. Communications equipment buildings;
60 I. Planned neighborhood commercial center subject to the provisions of Chapter 17.26;
J. Residential development specifically designed for senior housing; K. Mobile home parks in conformance with Section

17.32.040;
L. [Reserved.]
M. Residential developments utilizing private streets in which the net lot area (lot area not including street area) meets or exceeds the site area prescribed by this article and in which the private streets are designed and constructed to meet or exceed public street standards;
N. Adult day care in excess of twelve (12) persons;
O. Duplexes on corner lots;
P. Twenty-four (24) hour residential care facilities or foster homes for more than six individuals in addition to the residing family;
Q. Residential structures and accessory buildings totaling more than ten thousand (10,000) square feet; R. Other uses similar in nature and intensity as determined by the city planner. (Ord. 2017-13 (part), 2017: Ord. 2017-01 (part), 2017: Ord. 2012-02, 2012: Ord. 2001-13 § 4 (part), 2001: Ord. 2000-02 § 1 (part), 2000; amended during 10/97 supplement: Ord. 9717 § 2 (part), 1997: Ord. 9605 § 30 (part), 1996: prior code § 7273)

17.12.050 Site area.

The minimum site area shall be as follows:

Zone Minimum Site Area
R-1-5 5,000 square feet
R-1-12.5 12,500 square feet
R-1-20 20,000 square feet
A. Each site shall have not less than forty (40) feet of frontage on the public street. The minimum width shall be as follows:

Zone Interior Lot Corner Lot
R-1-5 50 feet 60 feet
R-1-12.5 90 feet 100 feet
R-1-20 100 feet 110 feet
B. Minimum width for corner lot on a side on cul-de-sac shall be eighty (80) feet, when there is no landscape lot between the corner lot and the right of way. (Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7274)

17.12.060 One dwelling unit per site.

In the R-1 single-family residential zone, not more than one dwelling unit shall be located on each site, with the exception to Section

17.12.020(J). (Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7275)

17.12.070 Replacement and expansion of legally existing multiple family units.

In accordance with Section

17.12.020 legally existing multiple family units may be expanded or replaced if destroyed by fire or other disaster subject to the following criteria:

A. A site plan review permit as provided in
Chapter 17.28 is required for all expansions or replacements.

B. Replacement/expansion of unit(s) shall be designed and constructed in an architectural style compatible with the existing single-family units in the neighborhood. Review of elevations for replacement/expansion shall occur through the site plan review process. Appeals to architectural requirements of the site plan review committee shall be subject to the appeals process set forth in Section

17.28.050.

C. Setbacks and related development standards shall be consistent with existing single-family units in the neighborhood.

D. Parking requirements set forth in Section

17.34.020 and landscaping requirements shall meet current city standards and shall apply to the entire site(s), not just the replacement unit(s) or expanded area, which may result in the reduction of the number of units on the site.

E. The number of multiple family units on the site shall not be increased.

F. All rights established under Sections

17.12.020 and

17.12.070 shall be null and void one hundred eighty (180) days after the date that the unit(s) are destroyed (or rendered uninhabitable), unless a building permit has been obtained and 61 diligent pursuit of construction has commenced. The approval of a site plan review permit does not constitute compliance with this requirement. (Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7276)

17.12.080 Front yard.

A. The minimum front yard shall be as follows:

Zone Minimum Front Yard
R-1-5 Fifteen (15) feet for living space and side-loading garages and twenty-two (22) feet for front-loading garages or other parking facilities, such as, but not limited to, carports, shade canopies, or porte cochere. A Porte Cochere with less than twenty-two (22) feet of setback from property line shall not be counted as covered parking, and garages on such sites shall not be the subject of a garage conversion.

R-1-12.5 Thirty (30) feet
R-1-20 Thirty-five (35) feet
B. On a site situated between sites improved with buildings, the minimum front yard may be the average depth of the front yards on the improved site adjoining the side lines of the site but need not exceed the minimum front yard specified above.

C. On cul-de-sac and knuckle lots with a front lot line of which all or a portion is curvilinear, the front yard setback shall be no less than fifteen (15) feet for living space and side-loading garages and twenty (20) feet for front-loading garages. (Ord. 2017-01 (part), 2017: Ord. 2004-20 (part), 2004: Ord. 2001-13 § 4 (part), 2001: Ord. 9717 § 2 (part), 1997: prior code § 7277)

17.12.090 Side yards.

A. The minimum side yard shall be five feet in the R-1-5 and R-1-12.5 zone subject to the exception that on the street side of a corner lot the side yard shall be not less than ten feet and twenty-two (22) feet for front loading garages or other parking facilities, such as, but not limited to, carports, shade canopies, or porte cocheres.

B. The minimum side yard shall be ten feet in the R-1-20 zone subject to the exception that on the street side of a corner lot the side yard shall be not less than twenty (20) feet.

C. On a reversed corner lot the side yard adjoining the street shall be not less than ten feet.

D. On corner lots, all front-loading garage doors or other parking facilities, such as, but not limited to, carports, shade canopies, or porte cochere, shall be a minimum of twenty-two (22) feet from the nearest public improvement or sidewalk. A porte cochere with less than twenty- two (22) feet of setback from property line shall not be counted as covered parking, and garages on such sites shall not be the subject of a garage conversion.

E. Side yard requirements may be zero feet on one side of a lot if two or more consecutive lots are approved for a zero lot line development by the site plan review committee.

F. The placement of any mechanical equipment, including but not limited to, pool/spa equipment and evaporative coolers shall not be permitted in the five-foot side yard within the buildable area of the lot, or within five feet of rear/side property lines that are adjacent to the required side yard on adjoining lots. This provision shall not apply to street side yards on corner lots, nor shall it prohibit the surface mounting of utility meters and/or the placement of fixtures and utility lines as approved by the building and planning divisions.
(Ord. 2017-13 (part), 2017: Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: Ord. 9717 § 2 (part), 1997: prior code § 7278)

17.12.100 Rear yard.

In the R-1 single-family residential zones, the minimum yard shall be twenty-five (25) feet, subject to the following exceptions:

A. On a corner or reverse corner lot the rear yard shall be twenty-five (25) feet on the narrow side or twenty (20) feet on the long side of the lot. The decision as to whether the short side or long side is used as the rear yard area shall be left to the applicant's discretion as long as a minimum area of one thousand five hundred (1,500) square feet of usable rear yard area is maintained. The remaining side yard to be a minimum of five feet.

B. Accessory structures not exceeding twelve (12) feet may be located in the required rear yard but not closer than three feet to any lot line provided that not more than twenty (20) percent of the area of the required rear yard shall be covered by structures enclosed on more than one side and not more than forty (40) percent may be covered by structures enclosed on only one side. On a reverse corner lot an accessory structure shall not be located closer to the rear property line than the required side yard on the adjoining key lot. An accessory structure shall not be closer to a side property line adjoining key lot and not closer to a side property line adjoining the street than the required front yard on the adjoining key lot.

C. Main structures may encroach up to five feet into a required rear yard area provided that such encroachment does not exceed one story and that a usable, open, rear yard area of at least one thousand five hundred (1,500) square feet shall be maintained. Such encroachment and rear yard area shall be approved by the city planner prior to issuing building permits. 62 (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: Ord. 9717 § 2 (part), 1997: Ord. 9605 § 30 (part), 1996: prior code § 7279)

17.12.110 Height of structures.

In the R-1 single-family residential zone, the maximum height of a permitted use shall be thirty-five (35) feet, with the exception of structures specified in Section

17.12.100(B). (Ord. 2017-01 (part), 2017: Ord. 2006-07 § 2 (part), 2006: Ord. 9717 § 2 (part), 1997: prior code § 7280)

17.12.120 Off-street parking.

In the R-1 single-family residential zone, subject to the provisions of Chapter 17.34. (Ord. 2017-01 (part), 2017: Ord. 9717
§ 2 (part), 1997: prior code § 7281)

17.12.130 Fences, walls and hedges.

In the R-1 single-family residential zone, fences, walls and hedges are subject to the provisions of Section

17.36.030.
(Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7282)

17.12.135 Lot area less than 5,000 square feet.

A. Notwithstanding Section

17.12.050, lots in the R-1-5 zone may have a lot area of between 3,600 and 4,999 square feet if all of the following standards are met:

1. The Planning Commission finds that the development's overall density is consistent with the General Plan.

2. The maximum number of lots less than 5,000 square feet that may be approved by a tentative subdivision map shall be fifty (50) percent or less of the total lots.

3. Streets shall be constructed to public street standards.

4. Each subdivision with at least 15 lots that are less than 5,000 square feet in size shall make available to buyers at least three (3) different small lot floor plans with at least four (4) available elevation designs for each floor plan to construct on those lots.

5. The primary frontage of the dwelling unit shall face a public street, primary entryway, circulation walkway, or open space with sidewalks that provide delineated paths of travel.

6. The primary frontage of the dwelling unit shall include the primary entrance and at least one window.

7. Required covered parking spaces shall be in garages. Carports are prohibited.

8. The width of the garage shall not be greater than fifty (50) percent of the width of the dwelling unit.

9. The garage shall not extend beyond the front building facade (living area.)

10. All dwelling units shall include a covered front porch at least four (4) feet deep and six (6) feet wide or an uncovered front courtyard at least five (5) feet wide and five (5) feet deep that is surrounded on four sides by the dwelling unit or a wall or fence between three (3) and four (4) feet high with a pedestrian gate or entryway.

11. The building official shall not approve a building permit for a new dwelling unit on a lot with a lot area less than 5,000 square feet until the city planner, or designee, has determined that the standards identified in this section are met.

12. The subdivision shall provide a common, usable open space area of a minimum 3,000 square feet or two hundred fifty (250) square feet per lot under 5,000 square feet, whichever is greater. The area shall be landscaped and maintained with funding from either a homeowner's association or a landscape and lighting act district.

B. Notwithstanding this Chapter, lots with less than five thousand (5,000) square feet shall have the following minimum dimensions and building setback areas, unless they were approved with a planned development permit:

1. The minimum lot depth shall be seventy (70) feet.

2. The minimum lot width shall be forty-six (46) feet for interior lots and fifty-one (51) feet for corner lots.

3. The minimum front building setback area shall be twelve (12) feet for livable space and twenty (20) feet for garages.

4. The minimum rear yard building setback area shall be fifteen (15) feet.

5. The minimum interior side yard building setback area shall be five (5) feet.

6. The minimum corner side yard building setback area shall be ten (10) feet.

7. The maximum building height shall be thirty-five (35) feet.

8. Lots shall provide for a usable open space area of a minimum three hundred (300) square feet. The open space shall be a minimum fifteen (15) feet wide.

C. Lots less having a lot area of 3,600 square feet, or lots that do not meet the standards in this section may be approved 63 through the planned development permit process per
Chapter 17.26. (Ord. 2017-01 (part), 2017)

17.12.137 Signs.

Signs shall be placed in conformance with
Chapter 17.48. (Ord. 2017-01 (part), 2017)
Article 2. Accessory Dwelling Units

17.12.140 Purpose and intent.

It is the purpose of this article to provide for the following:

A. To encourage a range of housing types, styles and costs to suit the varying needs and desires of the community; B. To allow homeowners a means of obtaining, through tenants and accessory dwelling units, an additional source of income, companionship, security, and services;
C. To add inexpensive rental units to the housing stock of the city; D. To create homeownership opportunities for moderate income households who might otherwise be excluded from the housing market, through the additional income derived from accessory dwelling units; E. Develop housing in single-family neighborhoods that is appropriate for a variety of stages in the household life cycle, thereby lessening fluctuations in neighborhood demand for public services; F. Protect the stability, property values, and character of single family residential neighborhoods by insuring that accessory dwelling units are subject to the standards that follow. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(A))

17.12.150 Definitions.

As used in this article, the following terms are defined in this section:
"Principal dwelling unit" means a single-family dwelling unit situated on a residential lot in the A or R-1 zones to which an accessory dwelling unit as defined by this article has been or is proposed to be added. "Accessory dwelling unit" means an additional dwelling unit having separate kitchen, sleeping, and sanitation facilities constructed or adopted within, onto, or detached from a single-family dwelling on a residential lot in the A or R-1 zones.

Accessory dwelling units may also be efficiency units, as defined in Section 17958.1 of the health and Safety code, and manufacturing homes, as defined in Section 18007 of the Health and Safety Code. "Living area" means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or an accessory structure. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(B))

17.12.160 General provisions.

An accessory dwelling unit may be established by the conversion of an attic, basement, garage (if alternative parking area is provided for the principal dwelling unit), or other portion of a principal dwelling unit. A detached accessory dwelling unit may be established by the conversion of an accessory structure or may be new construction. Second dwelling units may be mobile homes, provided that such units are subject to all applicable standards of Section

17.32.110, governing the
placement of mobile homes on single-family lots. All applications for accessory dwelling units, whether processed as a permitted use or an exception, must comply with the general provisions stated below:

A. Accessory dwelling units shall only be allowed on lots located in the A and R-1 zones; B. In no case shall more than one accessory dwelling unit be placed on the same lot or parcel; C. Second dwelling units shall be subject to all applicable building, fire, health and safety codes and may not have adverse impacts on any real property that is listed in the California Register of Historic Places; D. Second dwelling units may only be constructed on lots or parcels that are at least five thousand (5,000) square feet in area;
E. A covenant running with the land between the city and the applicant shall be recorded with the Tulare County recorder prior to the issuance of any building permits requiring that the primary or the proposed accessory dwelling unit shall be occupied by the owner of record;
F. The accessory dwelling unit shall be clearly subordinate to the principal dwelling unit by size, location and appearance; G. The second unit's scale, appearance and character shall be similar to and compatible in design with the principal dwelling unit and adjacent residences;
H. In no case shall any accessory dwelling unit be approved on a site on which the principal dwelling unit has been the subject of a garage conversion pursuant to the regulations of Section

17.32.140 governing such conversions.

I. Size. A manufactured home shall not be less than eight (8) feet wide by forty (40) feet long and three hundred twenty 64 (320) square feet in living area. An efficiency unit shall not be less than one hundred fifty (150) square feet in living area and meet all space and occupancy standards of Chapter 5 of the Uniform Housing Code; J. Access. Doorway access shall be provided either to the side or rear of the second housing unit; K. Utility Services. Second housing units shall be provided with water, sewer, and other utilities as determined by the building official. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(C))

17.12.170 Process.

The city planner shall approve or deny accessory dwelling unit requests based upon the specified requirements. The applicant may appeal the decision of the city planner to the planning commission, setting forth the reason for such appeal to the commission. Such appeal shall be filed with the city planner, in writing, within ten (10) days after notification of such decision. The appeal shall be placed on the agenda of the commission's next regular meeting. If the appeal is filed within five (5) days of the next regular meeting of the commission, the appeal shall be placed on the agenda of the commission's second regular meeting following the filing of the appeal. The planning commission's review shall be limited to compliance with the specified requirements. The decision of the commission shall be final unless appealed to the council pursuant to Section

17.02.145. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(D))

17.12.180 Development requirements.

The following development requirements shall apply to accessory dwelling units:

A. The increased floor area of the second unit shall not exceed twelve hundred (1,200) square feet or ) fifty (50) percent of the main dwelling unit, whichever is greater, and shall be used as an accessory to the primary single family home.

B. Adequate parking area must be available on the streets adjacent to the accessory dwelling unit. If adequate on-street parking is not available in the immediate vicinity, or in the case of all second units located on cul-de-sac lots, one additional off-street parking space must be provided. Tandem parking shall not be deemed as meeting the above parking requirement.

The additional parking space shall be waived if in any of the following instances:

1. The accessory dwelling unit is located within one-half (0.5) miles of public transit.

2. The accessory dwelling unit is located within an architecturally and historically significant historic district.

3. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.

4. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

5. When there is a car share vehicle located within one block of the accessory dwelling unit.

C. All standards of the underlying zoning district including, but not limited to, height, lot and yard requirements, and lot coverage shall apply.

D. Detached accessory dwelling units are subject to all applicable standards for accessory structures, as stated in the development requirements for the underlying zone, unless a variance has been granted pursuant to Chapter 17.42. (Ord.
2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(E))

17.12.190 Appeals.

The applicant may appeal the decision of the city planner to the planning commission, setting forth the reason for such appeal to the commission. Such appeal shall be filed with the city planner in writing, within ten (10) days after notification of such decision. The appeal shall be placed on the agenda of the commission's next regular meeting. If the appeal is filed within five (5) days of the next regular meeting of the commission, the appeal shall be placed on the agenda of the commission's second regular meeting following the filing of the appeal. The planning commission's review shall be limited to compliance with the specified requirements. The decision of the commission shall be final unless appealed to the council pursuant to Section

17.02.145. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(F))

17.12.200 Existing nonconforming accessory dwelling units.

An existing accessory dwelling unit situated on a lot or parcel in the A or R-1 zones shall constitute a violation of this title unless: (1) the unit meets the standards and criteria of Chapter 17.12, and an agreement is recorded; or (2) the accessory dwelling unit qualifies as a permitted nonconforming use and structure under the provisions of Chapter 17.40. No
enlargement of habitable space shall be allowed unless the standards and criteria of Chapter 17.12 are met. This shall not
apply to maintenance of the unit. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(G))
65 66
67 68
CAMERONAVE012MILES1/21040160 acres
Pocket ParkNeighborhood ParkCommunity ParkLarge City ParkCounty ParkLinear Park/TrailGolf CourseConservationProposed ParkCommunity CenterSchoolUrban DevelopmentBoundary Tier 1Urban DevelopmentBoundary Tier 2Urban GrowthBoundary Tier 3Planning AreaCity Limits1/2MileRadius Parks and Recreation Facilities
Note: Designations forfuture school sites, Cityfacilities and parks areapproximate for locationand size. The default LandUse designation for theselocations is Low DensityResidential (LDR).2-MileRadiusCommunityParkServiceAreaN.COUNTY CENTER DRW.RIGGIN AVEROAD 80KELSEY STW. DOE AVEROAD 88ROAD 76ROAD 86W.FERGUSON AVEROAD 68W. WALNUT AVEN.SHIRK STW.HURLEY AVEGOSHEN AVEW.RIGGIN AVEN. MOONEY BLVDHALL STW. HOUSTON AVEE. HOUSTON AVEDINUBA BLVDS. AKERS STS.PLAZADRRIVER WAY DRPRATT AVEN. BURKE STRD 132BEN MADDOX WAYLOVERS LANEW. MAIN STS. MOONEY BLVDLOVERS LANEIVANHOE DRROAD 148BENMADDOXWAYS. COURT STSANTA FE STS. GIDDINGS STSANTA FE AVECOURT STN.DEMAREE STPINKHAM STS. DEMAREE STLINWOODSTN.CHINOWTH STS. CHINOWTH STS. LINWOOD STWHITENDALE AVEAVE 280W. CALDWELL AVEAVE 272AVE 276 RD 92 ROAD 152ROAD 156 AVE 272 AVE 264ROAD 108ROEBEN STAVE 320AVE 320 N.PLAZADR
STJOHNSPKWYW.SHANNONPKWYN.CAIN STRD 144S. MCAULIFF STW. VISALIA PKWYMCULIFFSTFERGUSONAVEAVE 328W.FERGUSONAVEGOSHEN AVEWALNUTAVES.COUNTYCENTER D RD 100S. CONYER STROAD 92AVE 328
RD 148
N. AKERS STSoroptomistLionsShannonRanchRiverwaySportsParkFairwayVillageRiverbendRuizSummersLincolnOvalVillageIce HouseTheaterRecreationMemorialMayorsJeffersonMill CreekGardenCutlerPinkhamSevenOaksCherryMeadowParkPlaceBurkeBlaineWhitendaleStonebrookMooneyGroveRotaryHoukCrestwoodCombsSunsetConstitutionWillowGlenPlazaMainStreetValleyOaksGolfCourseGolf Course(private)WoodlandManuelHernandezC.C.WittmanVillageC.C.VisaliaSeniorCenterAnthonyC.C.WhitendaleC.C. 69 70
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9 5857 S.F.
8 5857 S.F.
7 5634 S.F.
6 6291 S.F.
4 108'
54'
54'
54'
54'
55'
54'42'
57'
10'
34'
15'
108'
108'
108'
91'
94'
5860 S.F.
13 5860 S.F.
14 5860 S.F.
15 5860 S.F.
16 5622 S.F.
17 6325 S.F.
19 54'
60'
88' 31'
40'
54'
54'
54'
54'
14'
54'
54'
54'
54'
40'
108'
108'
108'
108'
91'
94'
6721 S.F.
26 6721 S.F.
25 6721 S.F.
24 6721 S.F.
23 6387 S.F.
22 7238 S.F.
20 130'
52'
52'
60'
111' 31'
40'
52'
52'
52'38'
55'
16'
34'
6'
130'
130'
130'
111'
118'
6770 S.F.
29 6771 S.F.
30 6773 S.F.
31 6775 S.F.
32 6422 S.F.
33 7330 S.F.
35 52'
52'
52'
52'
5'
34'
18'
55'
37'
52'
52'
52'
52'
50'
131'
131'
131'
131'
111'
120'
108'
14'
40'
108'
108'
108'
91'
94'
130'
50'
130'
130'
130'
111'
118'
6202 S.F.
41 6202 S.F.
40 6202 S.F.
39 6047 S.F.
38 5121 S.F.
37 43'
62'
4'
34'
22'
57'
57'
57'
55'
7762 S.F.
44 7762 S.F.
45 7652 S.F.
46 6679 S.F.
47 108'
56'
57'
108'
108'
94'
93'
130'
57'
2'
56'
5'
53'
7'
51'
9'
48'
11'
46'
50'
130'
119'
114'
108'
130'
130'
130'
119'
114'
GREYSTONE 3 R-1-5 EXHIBIT
NORTH
0' 50'50'
JULY 11, 2022
PREPARED BY:
324 S. SANTA FE, STE. A
P.O. BOX 7593
VISALIA, CA 93292
TEL: 559.802.3052
FAX: 559.802.3215
72 STOPSTOP
PARKING 2 (96 STALLS)
115'
59'2'
60'
115'110'
60'
110'
60'
4'
64'
99'
29'
24'
111'
59'
30' 35'
170'
80'
31'
10'
21'
95'
31'
53'
22'
67'
50'
21'5'
96'
68'
45'
110'
60'
31'
50'
70'
88'
60'
108'
50'
31' 88'
60'60'
108'
60'60'
108'
60'
108'
1'
60'
108' 108'
60'60'
1'
67'
130'
60'
36' 80' 26'
130'
68'
130'
130'
68'
130'
115'
5'
206'
31'
55'
46'30'
77'
129'
68'
68'
130'
68'
130'
68'
77'
133'
40'22'
42' 43'
132'
59'
71'
130'
40'
26'
62'
130'
71'
42'
3'54'
68'
131'
68'
66'
2'
68'
131'
70'
111' 31'
50'
68'
131'
68'
130'
31'
35'26'
70'
125'
68'
34'
34'
130'
68'
42'
26'
130'
13'
34'
27'
50'
18'
130'
108'
18'108'5'
60'
108'
60'
108'
74'
34' 68'
21'
60'
127'
37'
24'
129'115'

30.00'

20.00'

30.00'

20.00'

60.00' 60.00'

60.00'

60.00'321.27'
554.37'

EXISTING PAVEMENT
(E) 10'' SS
(E) 10'' SS
(E) 8'' W
(E) 8'' W
(E) 12'' W(E) 12'' W(E) 12'' W(E) 12'' W(E) 12'' W(E) 12'' W(E) 12'' W(E) 12'' W (E) 15'' SS(E) 15'' SS(E) 15'' SS(E) 15'' SS(E) 15'' SS(E) 15'' SS(E) 15'' SS(E) 15'' SS (E) 15'' SS

FUTURE CULVERT

CROSSING

BLOCKWALL TERMINUS

BLOCKWALLBLOCKWALL
2" BLOWOFF

35.00'

DITCH HP

DITCH HP
6701 S.F.
54 6600 S.F.
62 6236 S.F.
61 12790 S.F.

LOT E
5554 S.F.

LOT D
3690 S.F.

LOT C
6488 S.F.
63 7474 S.F.
10 6480 S.F.
8 7475 S.F.
9 6480 S.F.
11 6480 S.F.
12 6480 S.F.
7 6480 S.F.
6 6480 S.F.
13 8840 S.F.
19 9535 S.F.
22 8840 S.F.
21 8840 S.F.
20 9823 S.F.
52 8797 S.F.
51 8821 S.F.
50 9123 S.F.
49 9665 S.F.
48 8939 S.F.
47 8700 S.F.
46 8349 S.F.
45 8903 S.F.
25 8916 S.F.
26 9061 S.F.
23 8905 S.F.
24 9802 S.F.
35 8840 S.F.
36 8840 S.F.
37 8301 S.F.
38 6480 S.F.
31 6480 S.F.
32 6480 S.F.
33 9242 S.F.
34 7297 S.F.
53 PP
GUY
310.54
HP 311.09
HP
310.90
HP310.72
HP310.59
HP310.64
HP310.98
HP 311.05
HP 311.66
HP 311.52
HP
BOL
BOL
BOL
310.22
RD310.37
RD309.94
RD310.04
RD
BOL
BOL310.69
HP
SPIGOT
309.08
RD
309.44
RD
309.62
RD
309.66
RD
309.68
RD309.82
RD 309.92
RD
309.44
RD 309.36
RD 309.67
RD310.55
HP311.04
HP310.92
HP
310.36
HP
310.70
HP310.64
HP
310.90
HP
310.65
HP309.77
RD
309.83
RD
310.69
HP
310.98
HP310.07
RD
310.07
RD
311.16
HP
311.14
HP310.14
RD
310.14
RD
310.90
HP
310.76
HP310.21
RD
310.98
HP
310.75
HP
311.49
HP
311.46
HP 311.57
HP 311.32
HP
311.14
HP
310.14
RD 310.33
RD
310.39
RDBOL
BOL
BOL
BOL
BOL
BOL
BOL
310.17
RD 310.18
RD 310.26
RD
310.81
HP
310.84
HPBOL
310.32
RD
311.29
HP
310.28
RDBOL
311.17
HP
310.20
RD
310.29
RD
310.64
RDBOL
BOL
BOL
BOL
BOL
311.11
HP
311.41
HP 311.79
HP 311.71
HP 311.57
HP311.28
RD
311.96
RD312.08
RD
311.77
RD
BOL
BOL
BOL
BOL
311.75
RDBOL
310.99
RDBOL
310.21
RD
312.11
HP311.39
HP311.15
HP
312.37
HP
309.74
RD
312.52
HP
309.61
RD
309.32
RD
312.41
HP
309.94
RD
309.40
RD
312.40
HP
309.96
RD
309.43
RD
312.21
HP
309.94
RD
309.44
RD
311.91
HP
309.76
RD
309.50
RD
312.42
HP
309.88
RD
309.41
RD
311.51
HP
310.31
RD
309.60
RD
311.50
RD310.97
RD310.75
RD
311.22
HP
311.30
RD
311.28
RD
311.10
RD
310.51
HP
310.82
HP 310.94
HP
311.66
HP
311.62
HP311.74
HP
311.22
RD
311.73
HP
311.00
RD
311.15
RD
311.72
HP
312.04
HP
311.17
RD
311.60
HP
311.42
HP 311.36
HP 311.76
HP 311.42
HP 311.27
HP
311.17
RD
311.56
RD
311.82
RD
311.63
RD
310.40
BSW
UP

BLOCKWALL BLOCKWALL

BLOCKWALL
8115 S.F.
1 9201 S.F.
2 7701 S.F.
3 7769 S.F.
16 10377 S.F.
17 7988 S.F.
18 8040 S.F.
27 10514 S.F.
28 8276 S.F.
29 6580 S.F.
30 12165 S.F.
39 11639 S.F.
40 8538 S.F.
41 9269 S.F.
42 9273 S.F.
43 8871 S.F.
44 33'
87'87'
66'
21'
95'
19'
34'
72'
87' 87'
77'
113'
59'
87'
113'
70'
87'
59'
135'
69'
107'
40'
33'
130'
68'
131'
32'
41'
131'
136'
80'
108'
68'
113'
63'
86'
46'
29'
108'
130'
5'
55'
108'
21'135'
75'
20'
108'
83'
108'
28'121'
21'
19'
74'
113'
68'
35'
34'
4'
136'
68'
68'
136'
68'
68'
136'
68'
9'
64' 68'
6458 S.F.
5 5441 S.F.
4 5437 S.F.
15 6458 S.F.
14 19'
41'
107'
108'
50'
15'
104'
60'
104'
15'
50'
59'
19'
60'
108'
41'
107' 108'
6600 S.F.
56 6600 S.F.
57 6972 S.F.
58 8977 S.F.
59 60'
60'
110'
60'
60'
110'
26'23'
18'
65'
110'
41'
130'
100'
11172 S.F.
60 3'
38'
137'
25'
144' 100' 6600 S.F.
55 60'
60'
110'110'
30390 S.F.

LOT B
65351 S.F.

LOT A
180'
31' 80' 31'
95'
21'
137'
21'
100' 21'
16'
20'
16'
21' 21'
17'
20'
17'
21' 21'
18'
20'
18'
21' 21'
19'
20'
19'
21'
121' 28'
170'
13'
674'641'
29'
55' 9'
28'
35'
574'

13.00'

12.00'

12.00' MODOC DITCH

MODOC DITCH TRAIL

MODOC DITCHMODOC DITCH TRAIL

SEDONA AVE

AKERS STREET

FUTURE MULTI-FAMILY (BY OTHERS)

POCKET PARK
13' RIPARIAN SETBACK
13' RIPARIAN SETBACK

PROPOSED MEDIAN IMPROVEMENT
3' BLOCKWALL 3' BLOCKWALL 3' BLOCKWALL 3' BLOCKWALL
(LOOKING NORTH)
AKERS STREET CROSS SECTION LOCAL ROAD (60' ROW) SEDONA AVENUE (60' ROW) LOOKING WEST MODOC DITCH / PEDESTRIAN TRAIL GREYSTONE 3

TENTATIVE SUBDIVISION MAP
BEING A DIVISION OF A PORTION OF THE S 1/2 SEC. 14, T.18S., R.24E., M.D.B. & M., IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA.

VICINITY MAP
SCALE: 1"=12 MILE

CITY OF VISALIA

AKERS STREET

PROJECT LOCATION

TULARE COUNTY
LEGEND
APN: 077-060-034
ACREAGE: 19.11 AC ±
PROPOSED LOTS: 63
FLOOD ZONE: X02
EXISTING ZONING: COUNTY LAND
PROPOSED ZONING: R-1-5
GENERAL PLAN: LOW DENSITY RESIDENTIAL
ELECTRICITY: SOUTHERN CALIFORNIA EDISON
ZONING: CAL WATER
TELEPHONE: AT&T (TBD)
REFUSE: CITY OF VISALIA
NATURAL GAS: SOUTHERN CALIFORNIA GAS
EXISTING USE: VACANT
PROPOSED USE: LOW DENSITY RESIDENTIAL
PROPOSED MAINTENANCE:CITY OF VISALIA

GROSS ACREAGE
R-1-5 19.11 AC 63 UNITS 3.29 DU/A

NET ACREAGE
R-1-5 16.70 AC 63 UNITS 3.77 DU/A
TYPICAL LOT SIZES:

TYPE A - 60'x110' 32 UNITS
TYPE B - 68'x130' 31 UNITS
TOTAL: 63 UNITS
UTILITIES:

STORM WATER: CONNECTION LOCATED IN AKERS STREET.

SEWER: CONNECTION LOCATED IN AKERS STREET 8" SS PIPELINE DISTRIBUTED THROUGHOUT PROJECT SITE.

WATER: 8" WATER TIE INTO EXISTING WATER LINE IN AKERS.

LOT A: DEDICATION TO MODOC DITCH COMPANY
LOT B-E: DEDICATED TO CITY OF VISALIA LLD
LOT A: 65,351 SF (1.5 AC)
LOT B: 30,390 SF
LOT C: 3,690 SF
LOT D: 5,554 SF
LOT E - 12,790 SF (POCKET PARK)
PREPARED BY:
324 S. SANTA FE, STE. A
P.O. BOX 7593
VISALIA, CA 93292
TEL: 559.802.3052
FAX: 559.802.3215

RIGGIN AVE

PEDESTRIAN PASS THROUGH
309.77
RD
309.56
OG
±3'
±7'
±3' TO ±7'
HEIGHT

TRANSITION

DISTANCE VARIES
A
B
C

BLOCK WALL PLAN FOR

PEDESTRIAN PASS THROUGH
A
B
C
B
C

PEDESTRIAN PASS THROUGH

INSTALL BLOCK

WALL PER PLAN

INSTALL BLOCK

WALL PER PLAN
73 Dear Council members, Commissioners, and planning staff,

As we enter Tier II waters it is important that we understand that there are under currents that may result in long-term adverse impacts on Visalia.

But first, let me share the current situation as it relates to home building in Visalia and the San Joaquin Valley

1. Today there are few custom home builders. Most home builders are large entities that work throughout the State or the US. They demand quick turnarounds and little deviation from projects that they have built in other cities.

2. Because home prices (and rents) have increased dramatically over the last 10 years, their primary object is building a home or apartment complex as inexpensively as possible. They desire higher densities (more units per acre), lower impact fees, less amenities and faster processing times.

3. Typically, these home builders enter city hall with a set of building plans that were most likely used in other cities. In other words, not unique to Visalia.

4. These home builders are most interested in building subdivisions but not neighborhoods unless of course planning staff and Commission demand neighborhood amenities, good design, attention to detail (e.g. entryways into the neighborhood, corner lot details, perimeter landscaping, choice of street trees and streetscape appearance), and good long-term maintenance.

First, let me say that this memo is not intended to be critical of staff, Commission or City Council. We have a good team and most cities in the Valley would envy our organization. However, I believe as a group we can demand residential developments that are better designed and can withstand the test of time.

Recently the City Council considered a 32-acre residential project (Higgins) that was composed of mostly of 5,000 square lots, thirteen 3,800 square foot lots and no park to speak of. Further, I suspect that the building plans for this residential development are off the shelve plans that have been used in other cities. The development design backs the project up to a TID ditch 74 rather than incorporating into the development as an amenity, it creates 13 very small lots with little backyard, it has no park for the neighborhood’s children, it has no entryway features (tree-lined median) and it created numerous side yards that over time may suffer from lack of landscaping maintenance.

As I have stated before, higher residential densities are not necessarily a bad thing, however, higher residential densities without effective design guidelines, proper long-term maintenance, neighborhood amenities and attention to design details can result in a subdivision that becomes blighted over time. Who will be responsible for this “blight”? The answer is all of us.

In conclusion, I would suggest that we convene a summit this Fall to discuss how Visalia might avoid long-term blight in our neighborhoods, and how we can ensure that Visalia is building neighborhoods and not subdivisions. A two-hour bus tour would be great to see firsthand the good, the bad and the ugly.

I’ve taken some time to redesign the Higgins project so that it is more neighborhood-like rather than just a subdivision. Note the centrally located park, the tree-lined linear park along the TID ditch, and the 19 double- frontage lots that face either the neighborhood park or the linear open space corridor along the ditch. A double-frontage lot is a design feature where the house faces one street, and the garage faces the other street thereby almost creating two front yards.

Greg

75 APPROVED HIGGINS SUBDIVISION

76 77
REDESIGNED HIGGIN’S SUBDIVISION

Neighborhood
Park
78 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0148 Agenda Date: 7/18/2022 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

Visalia City Council Printed on 7/13/2022Page 1 of 1
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79 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0236 Agenda Date: 7/18/2022 Agenda #: 2.

Agenda Item Wording:

Authorize the City Manager to enter into a sole source five (5) year maintenance contract effective July 1, 2021, through June 30, 2026, with Motorola Solutions for Spillman Flex Software for Computer Aided Dispatch (CAD) and Records Management Systems (RMS) for a total cost of $836,675 and appropriate $324,078 for FY 2022/23.

Deadline for Action: 7/18/2022
Submitting Department: Police Department
Contact Name and Phone Number:

Chief Jason Salazar, ext. 4215, [email protected]; Support Services Manager Lisa Davis, ext. 4230, [email protected]; Financial Analyst Liz Ybarra, ext. 4250, [email protected].

Department Recommendation:

Authorize the City Manager to enter into a sole source (5) year maintenance contract effective July 1, 2021, thru June 30, 2026, with Motorola Solutions for Spillman Flex Software for Computer Aided Dispatch (CAD) and Records Management Systems (RMS) for a total cost of $836,675 and appropriate $324,078 for FY 2022/23.

Summary:

The Visalia Police Department currently utilizes Motorola Spillman Flex Software for its Computer Aided Dispatching (CAD) and Records Management Systems (RMS). These capabilities include call taking, dispatching, report preparation meeting Federal NIBRS Requirements, and serves as the official repository for police records. The initial four (4) year maintenance contract expired on June 30, 2021 and is due for renewal. The new contract with Motorola Solutions consists of all agreed upon Spillman Flex products effective July 1, 2021, through June 30, 2026. The Spillman Flex software is a proprietary software owned and serviced by Motorola. All modules and functionality originally provided in the initial contract have been evaluated and adjustments made to keep only the necessary products.

In addition, Motorola has agreed to provide their new Command Central products to evaluate during the new five (5) year agreement, with no commitment to purchase. This provides additional functionality at no cost and prepares the department for future cloud-based technology transition. The Command Central products require a bridge to be developed and implemented within the current system. The bridge will remain within the system regardless of whether the Command Central products will be renewed after their demonstration. This is cost effective as Motorola anticipates a platform change within the next 10 years and the connectivity for that change will already be established.

Visalia City Council Printed on 7/13/2022Page 1 of 3
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80 File #: 22-0236 Agenda Date: 7/18/2022 Agenda #: 2.

The Command Central products consist of:
- Command Central Digital Evidence: Allows for video and photo evidence to be directly attached to a law record. Motorola is also including 4TB of cloud storage. - Command Central Investigate: An analytical, investigative, and mapping tool that allows for the analysis of data in real time based on information extracted from the system.

Background Discussion:

In August 2015, the City of Visalia purchased a new Computer Aided Dispatch (CAD), Mobile Computing, Automated Field Reporting, and Police Records Management System (RMS) utilized by the Visalia Police and Fire Department. The system went live on July 26, 2016. Shortly after, Motorola Solutions acquired Spillman Technologies in November 2016 referring to this product as Spillman Flex and agreeing to honor the four (4) year contract already in place. It is now time for our first renewal with Motorola and a five (5) year contract has been proposed, consistent with the previous.

Fiscal Impact:

The payment terms of the contract requires that the first three (3) years be paid in FY 2022/23 for a total of $486,087; however, to make this payment, additional appropriations are required. There is an approved budget for $162,007 for FY 2022/23, which represents year two (2) of the contract. The cost for year one (1) and three (3) of the contract of ($158,831+$165,248) for a total of $324,078 requires new appropriations because year one (1) (FY 2021-22) payment is past due, and the budget has expired and year three (3) of the contract (FY 2023-24) is being paid in advance. We are paying year three (3) (FY 2023-24) in advance to take advantage of the vendor’s discount. Staff is requesting new appropriations of $324,078 which represents year one (1) and three (3) of the contract.

The Department budgets for this service annually in its operating budget in software support services (55520) and will appropriate funds for year four (4) and five (5) of the contract during the budget process.

Visalia City Council Printed on 7/13/2022Page 2 of 3
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81 File #: 22-0236 Agenda Date: 7/18/2022 Agenda #: 2.

Motorola Spillman Flex 5 Year Contract Payment Terms
Pricing Summary Table
Annual Maintenance & Subscription Description Sale Price Year 1 - July 1, 2021 - June 30, 2022 $ 158,830.93 Year 2 - July 1, 2022 - June 30, 2023 $ 162,007.54 Year 3 - July 1, 2023 - June 30, 2024 $ 165,247.69 Years 1-3 Maintenance & Subscription Fees Due: $ 486,086.16 Year 4 - July 1, 2024 - June 30, 2025 $ 171,857.59 Year 5 - July 1, 2025 - June 30, 2026 $ 178,731.89 Years 4-5 Maintenance & Subscription Fees Due: $ 350,589.48 Total 5-Year Maintenance & Subscription Fees Due: $ 836,675.64 Payment Terms
Payments Years Due
1 Years 1, 2, and 3 Contract Execution
2 Year 4 July 1, 2024
3 Year 5 July 1, 2025
Prior Council Action: On August 3, 2015, Council approved the Spillman CAD/RMS software.

Other: N/A
Alternatives: None recommended.

Recommended Motion (and Alternative Motions if expected):

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Motorola Agreement.

Visalia City Council Printed on 7/13/2022Page 3 of 3
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82 The des ign, technical, and price information furnis hed with this propos al is proprietary information of Motorola Solutions , Inc. (Motorol a). Such i nformation is s ubmitted with the res triction that it is to be us ed only for the evaluation of the propos al, and is not to be dis clos ed publicly or in any manner to any one other than thos e required to evaluate the propos al, without the expres s written permis s ion of Motorola Solutions , Inc.

MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are tradem ark s or regis tered trademark s of Motorola Trademark Holdings , LLC and are us ed under licens e. All other trademark s are the property of their res pective owners . © 2022 Motorola Solutions , Inc. All rights res erved.

Proposal
Visalia Police Department
5 Year Flex Maintenance
Renewal & Command
Central Upgrades

June 16, 2022

83 Vis alia Police Department June 16, 2022
5 Year Flex Maintenanc e Renewal & CommandCentral Upgrades

Table of Contents Us e or dis clos ure of this propos al is s ubject to the res trictions on the cover page.

Motorola Solutions Confidential Restricted

Page 1 ends

Table of Contents
Section 1
System Description
Section 2
Statement of Work
Section 3
Pricing
Section 4
Contractual Documentation

84 Motorola Solutions, Inc.
500 W Monroe Street, Ste 4400
Chica go, IL 60661-3781
USA

June 16, 2022

Visalia Police Department
303 S Johnson St
Visalia CA, 93291
[email protected]
Attn.: Lisa Davis

Re: Proposal for Motorola Solutions Flex Software (“Proposal”)

Dear Lisa Davis:

Motorola Solutions, Inc. (“Motorola”) is pleased to provide the attached Proposal to Visalia Police Department. This Proposal is valid through July 20, 2022.

Motorola’s Proposal is subject to the terms and conditions of the enclosed "Contract Package" consisting of the Master Customer Agreement, Software Products Addendum, the Subscription Software Addendum, and the Flex Maintenance and Support Addendum (collectively, the "Agreement"). You may accept this Proposal by signing the attached Agreement and sending your order to your Motorola Public Safety Solutions Consultant listed below.

Motorola appreciates your consideration of this Proposal and hopes you will find it acceptable. Motorola would be pleased to address any concerns you might have, and we look forward to receiving your response. Please feel free to contact your Motorola Public Safety Solutions Consultant with any questions:

Tally Gochis
435-840-0198
[email protected]

Sincerely,

Motorola Solutions, Inc.

Tyler Holland
Area Sales Manager
85 Vis alia Police Department June 16, 2022
5 Year Flex Maintenanc e Renewal & CommandCentral Upgrades

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Section 1
System Description

1.1 CommandCentral Capabilities

1.1.1 Overview
Motorola Solutions’ CommandCentral capabilities are a set of cloud-based features that enhance on- premises records management and CAD systems. Leveraging the CommandCentral platform, these capabilities enhance performance and improve public safety workflows. These features streamline digital evidence management, provide insight to aid data-driven decision making, and expedite case review and resolution. Records and CAD users can work more efficiently within their RMS and CAD systems to best support your agency and your communities.

The proposed CommandCentral capabilities include the following features and integrations.

1.1.2 Cloud Data Backup and Restore
With a Flex deployment, Motorola Solutions’ Cloud Data Backup and Restore syncs your agency’s database with the cloud to create a secure and accessible backup.

The cloud provides proven security, reliability, and availability. While this feature only stores the most recent backup in the cloud, there is no limit on the size or frequency of the backup. This provides flexibility for specific scheduling and information management needs. Administrators can schedule the cloud backup.

As a part of your data recovery plan, this feature reduces the need to purchase additional, redundant hardware. This RMS upgrade is a cost-effective option to store and protect against failures.

1.1.3 CAD Viewer
CommandCentral capabilities for CAD augments existing on-premises CAD systems, allowing users to make better decisions from anywhere with secure view access to your agency’s CAD information.

Users can view this data on any internet-connected device and enable non-traditional users to work from locations that have not previously had access to jurisdictional CAD information. The CAD Viewer provides a view of pending/active incident information, unit information, and mapped location of incidents and responding units. Users can switch easily from light to dark mode and use pop-out screens to personalize their view.
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1.1.4 Records Management
CommandCentral capabilities include access to records management features. Users can quickly search video, audio, images, and other digital content. The system stores data from various sources in a central cloud-based location, streamlining access and management across your organization to reduce the complexities of record management. As a result, this solution helps save your personnel valuable time and allows them to focus on critical tasks.

Records Management offers users the following features to benefit management workflows:

CommandCentral Incident Record – View incident data, officer narrative, and digital evidence with one user interface, called the CommandCentral Incident Record. This cloud-based feature combines case-related information from different sources into a streamlined interface. This unified view allows your agency to review critical evidence from a more robust and accurate operating picture. The CommandCentral Incident Record is built from incident details in your records management solution and content from CommandCentral Evidence.

Task Creation and Assignment – View, create, and assign daily tasks or projects as part of the Insights Dashboard. The Insights Dashboard provides curated and actionable insights into your agency’s initiatives from across the CommandCentral suite. It gathers items that need attention, review, correction, or completion to help users stay organized and manage operations. This also helps build and close cases faster by tracking progress and assigning ownership to activities. The dashboard promotes collaboration by allowing users to share documents, projects, and success metrics across the agency.

Unified Search – Locate information across all agency records and evidence using a smart, free-text search engine. To access content from a specific incident, users can do a Unified Search or go through your Motorola Solutions RMS. Users can search incidents by time-frame or specific case number and then view all digital evidence associated with that specific case. This single source offers a user-friendly experience that is easy to navigate and understand and includes the ability to add narratives. The solution also makes review easier by tagging persons and vehicles listed in the narrative. Vehicles listed in the incident report include links to automatic license plate readers in the Vigilant LEARN database (additional subscription required). Product updates are seamless with new capabilities delivered regularly. The cloud also provides proven security, reliability, and availability that keeps personnel prepared for their operations.

1.1.5 Digital Evidence Management
CommandCentral capabilities digital evidence management tools streamline collecting, securing, and managing multimedia evidence. These tools simplify how a secure digital evidence library is built by incorporating data from multiple sources into a unified evidence storage framework. Users can upload digital evidence from a variety of sources to quickly build cases. Evidence stored within the tool is easy to search, correlate, and review alongside other case-related information from your CAD or RMS database. Relevant content can be marked and sorted to locate critical information from a central touchpoint. This unified storage framework allows personnel to make informed decisions with an organized and complete case evidence view. And with the access control system, the application allows authorized personnel to view sensitive information. 87 Vis alia Police Department June 16, 2022
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1.1.5.1 Store and Manage
CommandCentral capabilities simplify building a secure digital evidence library by incorporating data from multiple sources into a unified evidence storage framework. Users can upload digital evidence files from a variety of sources to build cases. Products from Motorola Solutions, such as body-worn cameras, in-car cameras, the mobile field response application, and other CommandCentral software, transmit data to CommandCentral Evidence. This saves users from the effort needed to manually upload files. Once the content is securely stored, content management is more efficient.

The digital evidence management tools streamline content management workflows, with tags and metadata that make it easier to correlate, search, and manage evidence. The application links evidence based on the tags and metadata attached to those files. This helps users find additional contextual information on an incident and quickly build cases. Users can search and filter content to locate additional relevant data to link to a case or incident. And they can group or bookmark files within the interface to access evidence items that they frequently reference.

1.1.5.2 Judicial Sharing
With the Judicial Sharing feature, your agency can use the CommandCentral Incident Record to share a complete evidence package with partners and prosecutors. This keeps your personnel and partners up-to-date on each case and allows them to work from the same information.

Judicial Sharing integrates with the CommandCentral Incident Record, allowing aggregated case- related information to be shared via email. This helps to keep prosecutors up-to-date with a dedicated, streamlined page designed for their needs. It allows judicial partners to access all of the case content shared with them — even from multiple agencies — from a secure location.

From your agency’s view, users can confirm that they received the case package and continue to update the shared package as the case develops. From the case manager, the prosecutor can see when a shared package has been updated. They can search and filter the case packages to locate information and then share the case package with the defense. If your agency has case sharing systems in place with partners, you can leverage your agency’s existing investments by downloading content and audit logs to review and share.

1.1.5.3 Field Response Application
The Field Response Application allows officers to capture images, video, and audio from the field with a simple smartphone application on iOS or Android. This tool provides easy media management and advanced camera controls to help users control what is captured. The application adds metadata and tags, and then gets uploaded to CommandCentral Evidence for immediate use. The application isolates all data from personal data. This ensures other apps cannot access evidence, while providing an uncompromised chain of custody from the moment of capture. This application is a capture source for field personnel, command staff, and supervisors.

1.1.5.4 Storage
This solution provides 250GB of storage for your digital content. Additional storage is available for purchase, if needed. Please refer to the Pricing section of this quote to review any additional storage. 88 Vis alia Police Department June 16, 2022
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1.1.6 CommandCentral Jail Cloud- Based Features
For Spillman Flex agencies that also have Motorola Solutions’ CommandCentral Jail, two cloud features are available to help streamline the offender intake process and improve inmate and officer safety with increased awareness of inmate activity.

1.1.6.1 Intake Processing Workflow
The Intake Workflow feature reduces the time it takes to receive and book an offender. With this feature, your users can capture the offender, arrest, and charge information from the arresting officer.

The booking officer can then accept or refuse custody and record any immediate offender needs or requests, streamlining the intake process. This helps officers get back to the field faster.

1.1.6.2 Activity Management
CommandCentral Jail’s activity management and logging capabilities shift the focus from a single inmate to officers and their overall responsibilities, maximizing efficiency and minimizing errors in day- to-day inmate management. Corrections officers access this information from the Event Viewer to track and manage daily tasks by activity, rather than individual inmates. This makes information more manageable and reduces redundant data entry.

1.2 CommandCentral Investigate
Motorola Solutions’ CommandCentral Investigate is a next-generation crime analysis and intelligence solution that helps users uncover actionable insights, allocate resources, and fight crime.

CommandCentral Investigate is powered by LexisNexis, integrating with existing data sources and leverages interjurisdictional data to allow seamless search across incident data sources from law enforcement agencies nationwide. It also provides highly configurable experiences with purpose-built tools for specific roles across your agency.

By investing in CommandCentral Investigate, investigators can use link analysis across datasets to easily track down leads and close cases. Command staff can quickly identify emerging trends and with the help of analysts, better understand those patterns, and develop proactive initiatives to effectively address them.

This is a cloud-based solution subscribed to as-a-service, making it highly accessible and cost-effective with predictable pricing. Product updates are seamless with new features delivered regularly. The cloud also provides proven security, reliability, and availability to keep users operationally ready.

CommandCentral Investigate includes a professional services engagement for implementation and deployment. This is built on Motorola Solutions’ operational expertise, tools, and public safety best practices.
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The proposed CommandCentral Investigate solution includes the following features:
● Interjurisdictional data sharing.
● Advanced link analysis.
● Flexible analysis project creation.
● Granular data manipulation and detail (140 data points supported). ● Easy project sharing.
● Robust data visualization.

1.3 The CommandCentral Platform
CommandCentral is an end-to-end platform of interconnected solutions that unify data and streamline public safety workflows from a citizen tip or call to case closure. Through single sign-on capabilities, your personnel can access all CommandCentral software applications with one agency username and password for a more streamlined workflow. The CommandCentral platform puts your agency’s data to better use, improves safety for critical personnel, and helps keep your focus on the communities you serve.

CommandCentral evolves over time, maximizing the value of existing investments while adopting new capabilities that better meet your personnel’s growing needs. With cloud-based services and an agile development methodology through constant user feedback, Motorola Solutions can deliver new features and functionality in a more manageable, non-intrusive way.

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Section 2
Statement of Work

2.1 CommandCentral Capabilities

2.1.1 Overview
The Statement of Work (SOW) defines the principal activities and responsibilities of Motorola Solutions and the Customer. Motorola and the Customer will work to complete their respective responsibilities in accordance with the mutually agreed upon governing project schedule. Any changes to the governing project schedule will be mutually agreed upon via the change provision of the Agreement.

Motorola Solutions enables the CommandCentral Capabilities service during the order process.

Deployment services are not required.

Motorola Solutions Responsibilities
● Use the CommandCentral Admin tool to enable Customer access to CommandCentral Capabilities. This activity is completed during the order process. ● Connect Customer incident data ingest.

Customer Responsibilities
● Provision policies and procedures, tags, retention periods, and user permissions. ● Configure CommandCentral Capabilities settings (location of agency pin, shape of agency, keywords, set up agency page, URL, which forms to deploy). ● Provide access to Motorola Solutions’ team to connect incident data ingest and digital files upload.
● Manage users and add email addresses.

Completion Criteria
CommandCentral Capabilities subscription enabled.

2.1.2 Training

2.1.2.1 Online Training
CommandCentral training is made available via Motorola Solutions’ Software Enterprise Learning Experience Portal (LXP). This subscription service provides you with continual access to our library of online learning content and allows your users the benefit of learning at times convenient to them.

Content is added and updated on a regular basis to keep information current. All Motorola Solutions tasks are completed remotely and enable the Customer to engage in training when convenient to the user.
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LXP Administrators are able to add/modify users, run reports, and add/modify groups within the panorama.

Motorola Solutions Responsibilities
● Initial setup of Panorama and addition of administrators. ● Provide instruction to the Customer LXP Administrators on:
- Adding and maintaining users.
- Adding and maintaining Groups.
- Assign courses and Learning Paths.
- Running reports.

Customer Responsibilities
● Go to https://learningservices.motorolasolutions.com and request access if you do not already have it.
● Complete LXP Administrator training.
● Advise users of the availability of the LXP.
● Add/modify users, run reports, and add/modify groups.

Completion Criteria
Work is considered complete upon conclusion of Motorola Solutions provided LXP Administrator instruction.

Panorama – A panorama is an individual instance of the Learning Experience Portal (LXP) that provides autonomy to the agency.

Groups – A more granular segmentation of the LXP that are generally used to separate learners of like function (i.e. dispatchers, call takers, patrol, firefighter). These may also be referred to as clients within the LXP.

Learning Path – A collection of courses that follow a logical order, may or may not enforce linear progress.

2.1.3 Transition to Support and Customer Success
Following the completion of the activation of CommandCentral components, implementation activities are complete. The transition to the Motorola Solutions’ support organization completes the implementation activities.

Customer Success is the main point of contact as you integrate this solution into your agency’s business processes. Our team will work with you to ensure the solution has met your expectations and that the solution satisfies your goals and objectives. Contact Customer Success at [email protected].

Our Customer Support team will be the point of contact for technical support concerns you might have and can be reached either by phone at 1-800-MSI-HELP (option x4, x4, x3) or by emailing support- [email protected].
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Motorola Solutions Responsibilities
● Provide the Customer with Motorola Solutions support engagement process and contact information.
● Gather contact information for the Customer users authorized to engage Motorola Solutions support.

Customer Responsibilities
● Provide Motorola Solutions with specific contact information for those users authorized to engage Motorola Solutions’ support.
● Engage the Motorola Solutions support organization as needed.

Completion Criteria
Conclusion of the handover to support and the implementation project is complete.

2.2 CommandCentral Investigate
The Statement of Work (SOW) defines the principal activities and responsibilities of Motorola Solutions and the “Customer”. Motorola and the Customer will work to complete their respective responsibilities in accordance with the mutually agreed upon governing project schedule. Any changes to the governing project schedule will be mutually agreed upon via the change provision of the Agreement.

Motorola Solutions enables the CommandCentral Investigate service during the order process.

LexisNexis accreditation is required to be completed by the Customer prior to the start of the project.

Motorola Solutions Responsibilities
● Use the CommandCentral Admin tool to enable Customer access to CommandCentral Investigate. This activity is completed during the order process. ● Connect Customer incident data ingest.

Customer Responsibilities
● Provide access to Motorola Solutions’ team to connect incident data ingest. ● Provide Motorola Solutions with crime type classification. ● Set up users within CC Admin and set up user permissions groups.

Completion Criteria
CommandCentral Investigate subscription enabled.

Note - Motorola’s tasks will be performed on-site and a portion of the tasks will be performed remotely. The service provides a set number of hours in the service term which initiates upon the Customers first engagement with the dedicated Motorola subject matter expert and completes upon the deli very of the specified hours of service or the expiration of 90 consecutive calendar days following initiation, whichever occurs first. 93 Vis alia Police Department June 16, 2022
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2.2.1 Training

2.2.1.1 Online Training
CommandCentral training is made available to the Customer via Motorola Solutions Software Enterprise Learning Experience Portal (LXP). This subscription service provides you with continual access to our library of online learning content and allows your users the benefit of learning at times convenient to them. Content is added and updated on a regular basis to keep information current. All Motorola Solutions tasks are completed remotely and enable the Customer to engage in training when convenient to the user.

LXP Administrators are able to add/modify users, run reports, and add/modify groups within the panorama.

Customer Responsibilities
● Go to https://learningservices.Motorola Solutionssolutions.com and request access if the Customer does not already have access.
● Complete LXP training (CommandCentral Investigate End User Training https://learning.motorolasolutions.com/online/4982enus). ● Advise users of the availability of the LXP.
● Add/modify users, run reports, and add/modify groups.

Completion Criteria
Customer has access to the LXP training.

2.2.2 Transition to Support and Customer Success
Following the completion of the activation of CommandCentral Investigate, the Customer’s solution transitions to support.

Customer Success is the main point of contact as you integrate this solution into your agency’s business processes. Our team will work with you to ensure CommandCentral Investigate has met your expectations and that the solution satisfies your goals and objectives. Contact Customer Success at [email protected].

Motorola Solutions Responsibilities
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● Transition Customer to Motorola Solutions Customer Support.

Completion Criteria
Conclusion of the transition to support.

Service On-Site / Remote Description
Discovery
Session
Remote Discovery teleconference with the Customer
to understand goals and objectives for the
product as well as strategic initiatives.

Day-to-Day
Operational
Use
On-Site Conducted with staff to discover how the
functional areas are utilizing the solution.

Includes on-the-job training for efficient use
and recommendations for optimizing.

End of Day
Briefings
On-Site Conducted at the end of each day, to provide
an update on information exchanged,
activities planned for the following day and
any additional actions needed.

After-Action
Report
Remote Provided to the Customer with a summary
of the activities performed and
recommendations on next steps.

After-Action
Implementa
tion
Activities
Remote Consultant will work with Customer to
prioritize recommendations based on the
After-Action Report. The Consultant will
perform activities and/or guide the
Customer on performing activities based on
the identified priorities.
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2.2.2.1 Consulting Services
The document includes the responsibilities of Motorola and Customer in completing this Consulting Services work. Note that Motorola’s tasks will be performed on-site and a portion of the tasks will be performed remotely. The service provides a set number of hours in the service term which initiates upon the Customers first engagement with the dedicated Motorola subject matter expert and completes upon the delivery of the specified hours of service or the expiration of 90 consecutive calendar days following initiation, whichever occurs first.

Motorola Consulting Services provides the Customer an opportunity to use Motorola subject matter experts to address operational concerns or implementation of strategic initiatives. The full scope of consultative services will be determined during the discovery session between Motorola and the Customer. Certain consultative services are required as part of this offer, while other services, outlined in the following solution specific tables, are selected and customized to meet the needs of the Customer.

2.2.2.2 Required Services
The required hours will vary based on the size of the Customer and solution purchased. The service hours required (from the table above) will be determined during the discovery session. The hours will be no less than 4 hours and no greater than 40 hours. The remaining hours of the purchased consultative services will be tailored to Customer specific needs as agreed upon by Motorola and the Customer per the services as outlined in any of the following solution specific tables.

2.2.2.3 Crime Analysis + Integrated Workflow Optional Services Service Description
Planning & Research
Unit Framework
Consultation on best practices regarding the creation,
implementation, and responsibilities of a Planning
and Research Unit, including a review of current
reporting.

Crime Analysis Unit
(CAU) Framework
Consultation on best practices regarding the creation,
implementation, and responsibilities of a Crime
Analysis Unit, including a review of the current
Analysis Unit if one exists.

System Integrations Consulting on end-to-end data flow, Motorola integrations as well as third-party interfaces and the
use of information within the product.

CAU Hotspotting,
Trend Analysis,
Predictive Policing
Consult on identifying high crime areas, and
significant changes in crime to focus resources on
problem areas.
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Service Description
Command Staff
Briefing Reports
Consultation on the best practices surrounding
compiling and providing data to Command Staff, and
how to use briefing information to allocate resources
appropriately.

Daily Shift Briefing
Reports
Consult on creating and providing briefing reports
between shifts.

Planning & Research
Quarterly and
Annual Reports
Consultation on best practices surrounding the
compilation of agency statistics, and the
dissemination of the compiled report.

Incident Based
Reporting (IBR)
Consulting on Incident Based Reporting needs
specific to the agency’s state and needed for monthly
submission.

Digital Evidence
Management
Review current storage process, recommend
streamlined processes within CJIS guidelines.

Case Management Consult on tracking and security of cases from onset to submission to the Prosecutor and disposition.

Real-Time-Crime
Center Consulting
Framework and introduction on RTCC procedures,
setup, and best practices.

Community
Engagement
Framework
Consultation on best practices on involving and
engaging the community to increase incoming
information.

Records and
Property Room
Optimize current workflow for Property and
Evidence from collection to disposal.

2.2.2.4 On-site Consultative Services
Motorola Responsibilities
● Conduct a Discovery Teleconference with the Customer's point of contact to understand the Customer’s needs as well as the required Customer resources prior to scheduling on-site service.
● Provide Customer with an emailed summary of the needs discussed during the teleconference along with a proposed documented Agenda, that will serve as the focus for the on-site service delivery. The summary and Agenda will be provided within two business days after the discovery teleconference.
● Upon agreement of the focus of on-site service, schedule a mutually agreeable date for delivery of on-site service.
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● Provide three consecutive days of on-site service Tuesday through Thursday, 8:00 am to 5:00 pm Customer time for the number of trips outlined in this document. ● Provide Customer with an After-Action Report of the activities completed and next-step recommendations as part of on-site service delivery.

Customer Responsibilities
● Participate in the Discovery Teleconference and collaborate on objectives. ● Schedule a mutually agreeable date for delivery of on-site service. ● Coordinate availability of resources required for Motorola to fulfill the focus of on-site service. ● Confirm Customer Administrator(s) have access to the LXP, CommandCentral Admin Console, have completed LXP training courses or other applicable training, and are able to add/modify users, run reports, and add/modify groups as required.
● Confirm Customer end-users have completed required training prior to on-site service. If this requirement is not met, Motorola may have to reschedule the on-site visit and/or Customer may not receive the full benefit of the on-site consultation.

2.2.2.5 Remote Consultative Services
Motorola Responsibilities
● Conduct an after visit teleconference with Customer’s point of contact to outline the Customer’s priorities according to the After-Action Report.
● Provide Customer with an updated After-Action Report outlining the priorities for the remaining consultative services and estimated time to complete the activities requested. ● Coordinate with Customer the work that needs to be completed and designate the appropriate owner of the activity.
● Coordinate with Customer which activities will be completed by the consultant, or completed by the Customer with the guidance of the consultant.
● Coordinate with the Customer on what activities will be completed every two-weeks or according to the mutually agreed time frame.
● Track the progress of and burn-down of the hours purchased, and provide a bi-weekly email summary of the deliverables and service hours remaining.

Customer Responsibilities
● Participate in the after visit teleconference and collaborate on priorities and work items to be delivered.
● Schedule resources as appropriate to work with the Consultant as required. ● Complete assigned tasks as agreed to.
● Coordinate with the Consultant on what activities will be completed every two-weeks or according to the mutually agreed time frame.
● Participate in remote meetings as mutually agreed upon.

Completion Criteria
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specified hours of service or the expiration of 90 consecutive calendar days following initiation, whichever occurs first.

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Section 3
Pricing

3.1 Pricing Summary Table
Annual Maintenance & Subscription Description Sale Price Year 1 -- July 1, 2021 - June 30, 2022 $158,830.93
Year 2 -- July 1, 2022 - June 30, 2023 $162,007.54
Year 3 -- July 1, 2023 - June 30, 2024 $165,247.69
Years 1-3 Maintenance & Subscription Fees Due: $486,086.16 Year 4 -- July 1, 2024 - June 30, 2025 $171,857.59
Year 5 -- July 1, 2025 - June 30, 2026 $178,731.89
Years 4-5 Maintenance & Subscription Fees Due: $350,589.48 Total 5-Year Maintenance & Subscription Fees Due: $836,675.64

3.2 Payment Terms
Payments Years Due
1 Years 1, 2, and 3 Contra ct
Execution
2 Year 4 July 1, 2024
3 Year 5 July 1, 2025
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Description Quantity Term
Flex
LAW RECORDS MAINTENANCE - STANDARD. 1 5 YEAR
MOBILE RECORDS MAINTENANCE - STANDARD. 1 5 YEAR
DRIVER LICENSE SCANNING MAINTENANCE - STANDARD. 1 5 YEAR IMAGING MAINTENANCE - STANDARD. 1 5 YEAR
HIPLINK PAGING INTERFACE MAINTENANCE - STANDARD. 1 5 YEAR AUTOCITE INTERFACE MAINTENANCE - STANDARD. 1 5 YEAR
IBR MAINTENANCE - STANDARD. 1 5 YEAR
ZETRON IP FIRE STATION ALERTING INTERFACE MAINTENANCE - STANDARD. 1 5 YEAR LICENSES AND PERMITS MAINTENANCE - STANDARD. 1 5 YEAR
QUICKEST ROUTE MAINTENANCE - STANDARD. 1 5 YEAR
E9-1-1 INTERFACE MAINTENANCE - STANDARD. 1 5 YEAR
MOBILE AVL AND MAPPING MAINTENANCE - STANDARD. 1 5 YEAR MOBILE VOICELESS CAD MAINTENANCE - STANDARD. 1 5 YEAR
PIN MAPPING MAINTENANCE - STANDARD. 1 5 YEAR
TRAFFIC INFORMATION MAINTENANCE - STANDARD. 1 5 YEAR

COMPSTAT MANAGEMENT DASHBOARD THIRD PARTY MAINTENANCE - STANDARD.
1 5 YEAR
MOBILE PREMISES AND HAZMAT MAINTENANCE - STANDARD. 1 5 YEAR ZOLL EPCR INTERFACE MAINTENANCE - STANDARD. 1 5 YEAR
STATELINK MAINTENANCE - STANDARD. 1 5 YEAR
PREMISES AND HAZMAT INFORMATION MAINTENANCE - STANDARD. 1 5 YEAR RESPONSE PLANS MAINTENANCE - STANDARD. 1 5 YEAR
STATE CRASH FORM THIRD PARTY MAINTENANCE - STANDARD. 1 5 YEAR EVIDENCE MANAGEMENT MAINTENANCE - STANDARD. 1 5 YEAR
FLEX TOUCH MAINTENANCE - STANDARD. 1 5 YEAR

COMMAND STAFF PRODUCTIVITY DASHBOARD THIRD PARTY
MAINTENANCE - STANDARD.
1 5 YEAR
MOBILE ARREST FORM MAINTENANCE - STANDARD. 1 5 YEAR
HUB MAINTENANCE (ENHANCED) - STANDARD. 1 5 YEAR
DATAWORKS INTERFACE MAINTENANCE - STANDARD. 1 5 YEAR
MOBILE STATE & NATIONAL QUERIES MAINTENANCE - STANDARD. 1 5 YEAR OFFENDER TRACKING MAINTENANCE - STANDARD. 1 5 YEAR
CAD MAPPING MAINTENANCE - STANDARD. 1 5 YEAR
CAD MAINTENANCE (ENHANCED) - STANDARD. 1 5 YEAR
VEHICLE IMPOUND MAINTENANCE - STANDARD. 1 5 YEAR
COPLOGIC INTERFACE MAINTENANCE - STANDARD. 1 5 YEAR
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3.3 Pricing Detail

Customer Contact
INVOICING AND SHIPPING ADDRESSES. Invoices will be sent to the Customer at the following address:

Name: Lisa Davis
Address: 303 S Johnson St., Visalia CA, 93291
Phone:

Email: [email protected]

The address which is the ultimate destination where the Equipment will be delivered to Customer is:

Name: Visalia Police Department
Address: 303 S Johnson St., Visalia CA, 93291

The Equipment will be shipped to the Customer at the following address (insert if this information is k nown):

Name:

Address:

Phone:

MOBILE FIELD REPORT WITH FIELD INTERVIEW MAINTENANCE -
STANDARD.
1 5 YEAR
CommandCentral Capabilities
CLOUD DATA BACKUP & RESTORE SUBSCRIPTION. 1 5 YEAR
COMMANDCENTRA L EVIDENCE STANDARD. 1 5 YEAR
SOFTWARE, INCLUDED COMMANDCENTRA L STORAGE GB. 250 5 YEAR COMMANDCENTRA L CAPABILITIES FOR CAD. 1 5 YEAR
COMMANDCENTRA L JAIL INTAKE. 1 5 YEAR
COMMANDCENTRA L JAIL ACTIVITY. 1 5 YEAR
LEARNER LX P SUBSCRIPTION. 135 5 YEAR
COMMANDCENTRA L STORAGE GB. 3500 5 YEAR
CommandCentral Investigate
COMMANDCENTRA L INVESTIGATE STANDARD* 1 5 YEAR
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Section 4
Contractual Documentation
Motorola Solutions has provided our Contractual Documentation in the following pages.

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Master Custom er A greem ent
This Master Customer Agreement (the “ MCA”) is entered into between Motorola Solutions, Inc., with offices at 500 W. Monroe Street, Suite 4400, Chicago, IL 60661 (“Motorola”) and the entity set forth in the signature block below (“Customer”). Motorola and Customer will each be referred to herein as a “Party” and collectively as the “Parties”. This Agreement (as defined below) is effective as of the date of the last signature (the “Effective Date”).

1. A greem ent.

1.1. Scope; Agreement Documents. This MCA governs Customer’s purchase of Products (as defined below) and Services (as defined below) from Motorola. Additional terms and conditions applicable to specific Products and Services are set forth in one or more addenda attached to this MCA (each an “Addendum”, and collectively the “ Addenda”). In addition, the Parties may agree upon solution descriptions, equipment lists, statements of work, schedules, technical specifications, and other ordering documents setting forth the Products and Services to be purchased by Customer and provided by Motorola and additional rights and obligations of the Parties (the “Ordering Documents”). To the extent required by applicable procurement law, a proposal submitted by Motorola in response to a competitive procurement process will be included within the meaning of the term Ordering Documents. This MCA, the Addenda, and any Ordering Documents collectively form the Parties’ “A greem ent”.

1.2. Order of Precedence. Each Addendum will control with respect to conflicting terms in the MCA, but only as applicable to the Products and Services described in such Addendum. Each Ordering Document will control with respect to conflicting terms in the MCA or any Addenda, but only as applicable to the Products and Services described on such Ordering Document.

2. Products and Services.

2.1. Products. Motorola will (a) sell hardware provided by Motorola (“ Equipment”), (b) license software which is either preinstalled on Equipment or installed on Customer -Provided Equipment (as defined below) and licensed to Customer by Motorola for a perpetual or other defined license term (“Licensed Software”), and (c) license cloud-based software as a service products and other software which is either preinstalled on Equipment or installed on Customer-Provided Equipment, but licensed to Customer by Motorola on a subscription basis (“ Subscription Software”) to Customer, to the extent each is set forth in an Ordering Document, for Customer’s own use in accordance with this Agreement.

The Equipment, Licensed Software, and Subscription Software shall collectively be referred to herein as “Products”, or individually as a “Product”. At any time during the Term (as defined below), Motorola may substitute any Products at no cost to Customer, if the substitute is substantially similar to the Products set forth in the applicable Ordering Documents.

2.2. Services.

2.2.1. Motorola will provide services related to purchased Products (“Services”), to the extent set forth in an Ordering Document.

2.2.2. Integration Services; Maintenance and Support Services . If specified in an Ordering Document, Motorola will provide, for the term of such Ordering Document, (a) design, deployment, and integration Services in order to design, install, set up, configure, and/or integrate the applicable Products at the applicable locations (“Sites”), agreed upon by the Parties (“Integration Services”), or (b) break/fix maintenance, technical support, or other Services (such as software integration Services) (“Maintenance and Support Services”), 104
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each as further described in the applicable statement of work. Maintenance and Support Services and Integration Services will each be considered “Services”, as defined above.

2.2.3. Service Ordering Documents . The Fees for Services will be s et forth in an Ordering Document and any applicable project schedules. A Customer point of contact will be set forth in the applicable statement of work for the Services. For purposes of clarity, each statement of work will be incorporated into, and form an integral part of, the Agreement.

2.2.4. Service Completion. Unless otherwise specified in the applicable Ordering Document, Services described in an Ordering Document will be deemed complete upon Motorola’s performance of all Services listed in such Ordering Document (“ Service Completion Date”); provided, however, that Maintenance and Support Services may be offered on an ongoing basis during a given Ordering Document term, in which case such Maintenance and Support Services will conclude upon the expiration or termination of such Ordering Document.

2.3. Non-Preclusion. If, in connection with the Products and Services provided under this Agreement, Motorola makes recommendations, including a recommendation to purchase other products or services, nothing in this Agreement precludes Motorola from participating in a future competitive bidding process or otherwise offering or selling the recommended products or other services to Customer. Customer represents that this paragraph does not violate its procurement standards or other laws, regulations, or policies.

2.4. Customer Obligations. Customer will ensure that information Customer provides to Motorola in connection with receipt of Products and Services are accurate and complete in all material respects.

Customer will make timely decisions and obtain any required management approvals that are reasonably necessary for Motorola to provide the Products and Services and perform its other duties under this Agreement. Unless the applicable Ordering Document states otherwise, Motorola may rely upon and is not required to evaluate, confirm, reject, modify, or provide advice concerning any assumptions or Customer information, decisions, or approvals described in this Section. If any assumptions in the Ordering Documents or information provided by Customer prove to be incorrect, or if Customer fails to perform any of its obligations under this Agreement, Motorola’s ability to perform its obligations may be impacted and changes to the Agreement, including the scope, Fees, and performance schedule may be required.

2.5. Documentation. Products and Services may be delivered with documentation for the Equipment, software Products, or data that specifies technical and performance features, capabilities, users, or operation, including training manuals, and other deliverables, such as reports, specifications, designs, plans, drawings, analytics, or other information (collectively, “Documentation”). Documentation is and will be owned by Motorola, unless otherwise expressly agreed in an Addendum or Ordering Document that certain Documentation will be owned by Customer. Motorola hereby grants Customer a limited, royalty-free, worldwide, non-exclusive license to use the Documentation solely for its internal business purposes in connection with the Products and Services.

2.6. Motorola Tools and Equipment. As part of delivering the Products and Services, Motorola may provide certain tools, equipment, models, and other materials of its own. Such tools and equipment will remain the sole property of Motorola unless they are to be purchased by Customer as Products and are explicitly listed on an Ordering Document. The tools and equipment may be held by Customer for Motorola’s use without charge and may be removed from Customer’s premises by Motorola at any time without restriction. Customer will safeguard all tools and equipment while in Customer’s custody or 105
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control, and be liable for any loss or damage. Upon the expiration or earlier termination of this Agreement, Customer, at its expense, will return to Motorola all tools and equipment in its possession or control.

2.7. Authorized Users. Customer will ensure its employees and Authorized Users comply with the terms of this Agreement and will be liable for all acts and omissions of its employees and Authorized Users. Customer is responsible for the secure management of Authorized Users’ names, passwords and login credentials for access to Products and Services. “Authorized Users” are Customer’s employees, full-time contractors engaged for the purpose of supporting the Products and Services that are not competitors of Motorola, and the entities (if any) specified in an Ordering Document or otherwise approved by Motorola in writing (email from an authorized Motorola signatory accepted), which may include affiliates or other Customer agencies.

2.8. Export Control. Customer, its employees, and any other Authorized Users will not access or use the Products and Services in any jurisdiction in which the provision of such Products and Services is prohibited under applicable laws or regulations (a “ Prohibited Jurisdiction”), and Customer will not provide access to the Products and Services to any government, entity, or individual located in a Prohibited Jurisdiction. Customer represents and warrants that (a) it and its Authorized Users are not named on any U.S. government list of persons prohibited from receiving U.S. exports, or transacting with any U.S. person; (b) it and its Authorized Users are not a national of, or a company registered in, any Prohibited Jurisdiction; (c) Customer will not permit its Authorized Users to access or use the Products or Services in violation of any U.S. or other applicable export embargoes, prohibitions or restrictions; and (d) Customer and its Authorized Users will comply with all applicable laws regarding the transmission of technical data exported from the U.S. and the country in which Customer, its employees, and the Authorized Users are located.

2.9. Change Orders. Unless a different change control process is agreed upon in writing by the Parties, a Party may request changes to an Addendum or an Ordering Document by submitting a change order to the other Party (each, a “ Change Order”). If a requested change in a Change Order causes an increase or decrease in the Products or Services, the Parties by means of the Change Order will make appropriate adjustments to the Fees, project schedule, or other matters. Change Orders are effective and binding on the Parties only upon execution of the Change Order by an authorized representative of both Parties.

3. Term and Termination.

3.1. Term. The term of this MCA (“Term”) will commence on the Effective Date and continue until six (6) months after the later of (a) the termination, expiration, or discontinuance of services under the last Ordering Document in effect, or (b) the expiration of all applicable warranty periods, unless the MCA is earlier terminated as set forth herein. The applicable Addendum or Ordering Document will set forth the term for the Products and Services governed thereby.

3.2. Termination. Either Party may terminate the Agreement or the applicable Addendum or Ordering Document if the other Party breaches a material obligation under the Agreement and does not cure such breach within thirty (30) days after receipt of notice of the breach or fails to produce a cure plan within such period of time. Each Addendum and Ordering Document may be separately terminable as set forth therein.

3.3. Suspension of Services. Motorola may terminate or suspend any Products or Services under an Ordering Document if Motorola determines: (a) the related Product license has expired or has terminated for any reason; (b) the applicable Product is being used on a hardware platform, operating system, or 106
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version not approved by Motorola; (c) Customer fails to make any payments when due; or (d) Customer fails to comply with any of its other obligations or otherwise delays Motorola’s ability to perform.

3.4. Effect of Termination or Expiration. Upon termination for any reason or expiration of this Agreement, an Addendum, or an Ordering Document, Customer and the Authorized Users will return or destroy (at Motorola’s option) all Motorola Materials and Motorola’s Confidential Information in their possession or control and, as applicable, provide proof of such destruction, except that Equipment purchased by Customer should not be returned. If Customer has any outstanding payment obligations under this Agreement, Motorola may accelerate and declare all such obligations of Customer immediately due and payable by Customer. Notwithstanding the reason for termination or expiration, Customer must pay Motorola for Products and Services already delivered. Customer has a duty to mitigate any damages under this Agreement, including in the event of default by Motorola and Customer’s termination of this Agreement.

4. Payment and Invoicing.

4.1. Fees. Fees and charges applicable to the Products and Services (the “Fees”) will be as set forth in the applicable Addendum or Ordering Document, and such Fees may be changed by Motorola at any time, except that Motorola will not change the Fees for Products and Services purchased by Customer during the term of an active Ordering Document or during a Subscription Term (as defined and further described in the applicable Addendum). Changes in the scope of Services described in an Ordering Document may require an adjustment to the Fees due under such Ordering Document. If a specific invoicing or payment schedule is set forth in the applicable Addendum or Ordering Document, such schedule will apply solely with respect to such Addendum or Ordering Document. Unless otherwise specified in the applicable Ordering Document, the Fees for any Services exclude expenses associated with unusual and costly Site access requirements (e.g., if Site access requires a helicopter or other equipment), and Customer will reimburse Motorola for these or other expenses incurred by Motorola in connection with the Services.

4.2. Taxes. The Fees do not include any excise, sales, lease, use, property, or other taxes, assessments, duties, or regulatory charges or contribution requirements (collectively, “Taxes”), all of which will be paid by Customer, except as exempt by law, unless otherwise specified in an Ordering Document. If Motorola is required to pay any Taxes, Customer will reimburse Motorola for such Taxes (including any interest and penalties) within thirty (30) days after Customer’s receipt of an invoice therefore. Customer will be solely responsible for reporting the Products for personal property tax purposes, and Motorola will be solely responsible for reporting taxes on its income and net worth.

4.3. Invoicing. Motorola will invoice Customer at the frequency set forth in the applicable Addendum or Ordering Document, and Customer will pay all invoices within thirty (30) days of the invoice date or as otherwise specified in the applicable Addendum or Ordering Document. Late payments will be subject to interest charges at the maximum rate permitted by law, commencing upon the due date.

Motorola may invoice electronically via email, and Customer agrees to receive invoices via email at the email address set forth in an Ordering Document.

Customer affirms that a purchase order or notice to proceed is not required for contract performance or for subsequent years of service, if any, and that sufficient funds have been appropriated in accordance with applicable law. The Customer will pay all invoices as received from Motorola and any changes in scope will be subject to the change order process as described in this Agreement. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement. 107
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5. Sites; Customer-Provided Equipment; Non-Motorola Content.

5.1. Access to Sites. Customer will be responsible for providing all necessary permits, licenses, and other approvals necessary for the installation and use of the Products and the performance of the Services at each applicable Site, including for Motorola to perform its obligations hereunder, and for facilitating Motorola’s access to the Sites. No waivers of liability will be imposed on Motorola or its subcontractors by Customer or others at Customer facilities or other Sites, but if and to the extent any such waivers are imposed, the Parties agree such waivers are void.

5.2. Site Conditions. Customer will ensure that (a) all Si tes are safe and secure, (b) Site conditions meet all applicable industry and legal standards (including standards promulgated by OSHA or other governmental or regulatory bodies), (c) to the extent applicable, Sites have adequate physical space, air conditioning, and other environmental conditions, electrical power outlets, distribution, equipment, connections, and telephone or other communication lines (including modem access and interfacing networking capabilities), and (d) Sites are suitable for the inst allation, use, and maintenance of the Products and Services. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A. standard RS-222 in effect on the Effective Date.

5.3. Site Issues. Motorola will have the right at any time to inspect the Sites and advise Customer of any deficiencies or non-conformities with the requirements of this Section 5 – Sites; Customer- Provided Equipment; Non-Motorola Content. If Motorola or Customer identifies any deficiencies or non-conformities, Customer will promptly remediate such issues or the Parties will select a replacement Site. If a Party determines that a Site identified in an Ordering Document is not acceptable or desired, the Parties will cooperate to investigate the conditions and select a replacement Site or otherwise adjust the installation plans and specifications as necessary. A change in Site or adjustment to the installation plans and specifications may cause a change in the Fees or performance schedule under the applicable Ordering Document.

5.4. Customer-Provided Equipment. Certain components, including equipment and software, not provided by Motorola may be required for use of the Products and Services (“ Customer-Provided Equipment”). Customer will be responsible, at its sole cost and expense, for providing and maintaining the Customer-Provided Equipment in good working order. Customer represents and warrants that it has all rights in Customer -Provided Equipment to permit Motorola to access and use the applicable Customer-Provided Equipment to provide the Products and Services under this Agreement, and such access and use will not violate any laws or infringe any third-party rights (including intellectual property rights). Customer (and not Motorola) will be fully liable for Customer-Provided Equipment, and Customer will immediately notify Motorola of any Customer-Provided Equipment damage, loss, change, or theft that may impact Motorola’s ability to provide the Products and Services under this Agreement, and Customer acknowledges that any such events may cause a change in the Fees or performance schedule under the applicable Ordering Document.

5.5. Non-Motorola Content. In certain instances, Customer may be permitted to access, use, or integrate Customer or third-party software, services, content, and data that is not provided by Motorola (collectively, “ Non-Motorola Content”) with or through the Products and Services. If Customer accesses, uses, or integrates any Non-Motorola Content with the Products or Services, Customer will first obtain all necessary rights and licenses to permit Customer’s and its Authorized Users’ use of the Non-Motorola Content in connection with the Products and Services. Customer will also obtain the necessary rights for Motorola to use such Non-Motorola Content i n connection with providing the Products and Services, including the right for Motorola to access, store, and process such Non-Motorola Content (e.g., in connection with Subscription Software), and to otherwise enable interoperation with the Products and Services. Customer represents and warrants that it will obtain the foregoing rights and 108
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licenses prior to accessing, using, or integrating the applicable Non-Motorola Content with the Products and Services, and that Customer and its Authorized Users will comply with any terms and conditions applicable to such Non-Motorola Content. If any Non-Motorola Content require access to Customer Data (as defined below), Customer hereby authorizes Motorola to allow the provider of such Non-Motorola Content to access Customer Data, in connection with the interoperation of such Non-Motorola Content with the Products and Services. Customer acknowledges and agrees that Motorola is not responsible for, and makes no representations or warranties with respect to, the Non-Motorola Content (including any disclosure, modification, or deletion of Customer Data resulting from use of Non-Motorola Content or failure to properly interoperate with the Products and Services). If Customer receives notice that any Non- Motorola Content must be removed, modified, or disabled within the Products or Services, Customer will promptly do so. Motorola will have the right to disable or remove Non-Motorola Content if Motorola believes a violation of law, third-party rights, or Motorola’s policies is l ikely to occur, or if such Non- Motorola Content poses or may pose a security or other risk or adverse impact to the Products or Services, Motorola, Motorola’s systems, or any third party (including other Motorola customers). Nothing in this Section will limit the exclusions set forth in Section 7.2 – Intellectual Property Infringement.

6. Representations and Warranties.

6.1. Mutual Representations and Warranties. Each Party represents and warrants to the other Party that (a) it has the right to enter into the Agreement and perform its obligations hereunder, and (b) the Agreement will be binding on such Party.

6.2. Motorola Warranties. Subject to the disclaimers and exclusions below, Motorola represents and warrants that (a) Services will be provided in a good and workmanlike manner and will conform in all material respects to the descriptions in the applicable Ordering Document; and (b) for a period of ninety (90) days commencing upon the Service Completion Date for one-time Services, the Services will be free of material defects in materials and workmanship. Other than as set forth in subsection (a) above, recurring Services are not warranted but rather will be subject to the requirements of the applicable Addendum or Ordering Document. Motorola provides other express war ranties for Motorola - manufactured Equipment, Motorola-owned software Products, and certain Services. Such express warranties are included in the applicable Addendum or Ordering Document. Such representations and warranties will apply only to the applicable Product or Service that is the subject of such Addendum or Ordering Document.

6.3. Warranty Claims; Remedies. To assert a warranty claim, Customer must notify Motorola in writing of the claim prior to the expiration of any warranty period set forth in this MCA or the applicable Addendum or Ordering Document. Unless a different remedy is otherwise expressly set forth for a particular warranty under an Addendum, upon receipt of such claim, Motorola will investigate the claim and use commercially reasonable efforts to repair or replace any confirmed materially non-conforming Product or re-perform any non-conforming Service, at its option. Such remedies are Customer’s sole and exclusive remedies for Motorola’s breach of a warranty. Motorola’s warranties are extended by Motorola to Customer only, and are not assignable or transferrable.

6.4. Pass-Through Warranties. Notwithstanding any provision of this Agreement to the contrary, Motorola will have no liability for third-party software or hardware provided by Motorola; pr ovided, however, that to the extent offered by third-party providers of software or hardware and to the extent permitted by law, Motorola will pass through express warranties provided by such third parties.

6.5. WARRANTY DISCLAIMER . EXCEPT FOR THE EXPRESS AN D PASS THROUGH

WARRANTIES IN THIS AGREEMENT, PRODUCTS AND SERVICES PURCHASED HEREUNDER ARE PROVIDED “AS IS” AND WITH ALL FAULTS. WARRANTIES SET FORTH IN THE AGREEMENT 109
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ARE THE COMPLETE WARRANTIES FOR THE PRODUCTS AND SERVICES AND MOTOROLA

DISCLAIMS ALL OTH ER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND QUALITY.

MOTOROLA DOES NOT REPRESENT OR WARRANT THAT USE OF THE

PRODUCTS AND SERVICES W ILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF SECURITY VULNERABILITIES, OR THAT THEY W ILL MEET CUSTOMER’S PARTICULAR REQUIREMENTS.

7. Indemnification.

7.1. General Indemnity. Motorola will defend, indemnify, and hold Customer harmless from and against any and all damages, losses, liabilities, and expenses (including reasonable fees and expenses of attorneys) arising from any actual third-party claim, demand, action, or proceeding (“ Claim”) for personal injury, death, or direct damage to tangible property to the extent caused by Motorola’s negligence, gross negligence or willful misconduct while performing its duties under an Ordering Document or an Addendum, except to the extent the claim arises from Customer’s negligence or willful misconduct. Motorola’s duties under this Section 7.1 – General Indemnity are conditioned upon: (a) Customer promptly notifying Motorola in writing of the Claim; (b) Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and (c) Customer cooperating with Motorola and, if requested by Motorola, providing reasonable assistance in the defense of the Claim.

7.2. Intellectual Property Infringement. Motorola will defend Customer against any third-party claim alleging that a Motorola-developed or manufactured Product or Service (the “ Infringing Product”) directly infringes a United States patent or copyright (“Infringement Claim”), and Motorola will pay all damages finally awarded against Customer by a court of competent jurisdiction for an Infringement Claim, or agreed to in writing by Motorola in settlement of an Infringement Claim. Motorola’s duties under this Section 7.2 – Intellectual Property Infringement are conditioned upon: (a) Customer promptly notifying Motorola in writing of the Infringement Claim; (b) Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and (c) Customer cooperating with Motorola and, if requested by Motorola, providing reasonable assistance in the defense of the Infringement Claim.

7.2.1. If an Infringement Claim occurs, or in Motorola’s opinion is likely to occur, Motorola may at its option and expense: (a) procure for Customer the right to continue using the Infringing Product; (b) replace or modify the Infringing Product so that it becomes non- infringing; or (c) grant Customer (i) a pro-rated refund of any amounts pre-paid for the Infringing Product (if the Infringing Product is a software Product, i.e., Licensed Software or Subscription Software) or (ii) a credit for the Infringing Product, less a reasonable charge for depreciation (if the Infringing Product is Equipment, including Equipment with embedded software).

7.2.2. In addition to the other damages disclaimed under this Agreement, Motorola will have no duty to defend or indemnify Customer f or any Infringement Claim that arises from or is based upon: (a) Customer Data, Customer-Provided Equipment, Non-Motorola Content, or third-party equipment, hardware, software, data, or other third-party materials; (b) the combination of the Product or Ser vice with any products or materials not provided by Motorola; (c) a Product or Service designed, modified, or manufactured in accordance with Customer’s designs, specifications, guidelines or instructions; (d) a modification of the Product or Service by a party other than Motorola; (e) use of the Product or Service in a manner for which the Product or Service was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by Customer to use or install an update to the Product or Service that is intended to correct the claimed infringement. In no event will Motorola’s liability resulting from an Infringement Claim extend in any way to any 110
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payments due on a royalty basis, other than a reasonable royalty based upon revenue derived by Motorola from Customer from sales or license of the Infringing Product.

7.2.3. This Section 7.2 – Intellectual Property Infringement provides Customer’s sole and exclusive remedies and Motorola’s entire liability in the event of an Infringement Claim.

For clarity, the rights and remedies provided in this Section are subject to, and limited by, the restrictions set forth in Section 8 – Limitation of Liability below.

7.3. Customer Indemnity. Customer will defend, indemnify, and hold Motorola and its subcontractors, subsidiaries and other affiliates harmless from and against any and all damages, losses, liabilities, and expenses (including reasonable fees and expenses of attorneys) arising from any actual or threatened third-party claim, demand, action, or proceeding arising from or related to (a) Customer -Provided Equipment, Customer Data, or Non-Motorola Content, including any claim, demand, action, or proceeding alleging that any such equipment, data, or materials (or the integration or use thereof with the Products and Services) infringes or misappropriates a third-party intellectual property or other right, violates applicable law, or breaches the Agreement; (b) Customer-Provided Equipment’s failure to meet the minimum requirements set forth in the applicable Docum entation or match the applicable specifications provided to Motorola by Customer in connection with the Products or Services; (c) Customer’s (or its service providers, agents, employees, or Authorized User’s) negligence or willful misconduct; and (d) Customer’s or its Authorized User’s breach of this Agreement. This indemnity will not apply to the extent any such claim is caused by Motorola’s use of Customer -Provided Equipment, Customer Data, or Non-Motorola Content in violation of the Agreement. Motorola w ill give Customer prompt, written notice of any claim subject to the foregoing indemnity. Motorola will, at its own expense, cooperate with Customer in its defense or settlement of the claim.

8. Limitation of Liability.

8.1. DISCLAIMER OF CONSEQUENTIAL DAMAGES. EX CEPT FOR PERSONAL INJURY OR

DEATH, MOTOROLA, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS,

EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “M O T O R OLA PAR T IES”) WILL NOT BE LIABLE IN CONNECTION WITH THIS AGREEMENT (WHETHER UNDER MOTOROLA’S INDEMNITY OBLIGATIONS, A CAUSE OF ACTION FOR BREACH

OF CONTRACT, UNDER TORT THEORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL,

SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST

PROFITS OR REVENUES, EVEN IF MOTOROLA HAS BEEN ADVISED BY CUSTOMER OR ANY

THIRD PARTY OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND WHETHER OR NOT SUCH DAMAGES OR LOSSES ARE FORESEEABLE.

8.2. DIRECT DAMAGES . EXCEPT FOR PERSONAL INJURY OR DEATH, THE TOTAL

AGGREGATE LIABILITY OF THE MOTOROLA PARTIES, WHETHER BASED ON A CLAIM IN

CONTRACT OR IN TORT, LAW OR EQUITY, RELATING TO OR ARISING OUT OF THE AGREEMENT

WILL NOT EXCEED THE FEES SET FORTH IN THE ORDERING DOCUMENT UNDER WHICH THE CLAIM AROSE. NOTWITHSTANDING THE FOREGOING, FOR ANY SUBSCRIPTION SOFTWARE OR FOR ANY RECURRING SERVICES, THE MOTOROLA PARTIES’ TOTAL LIABILITY FOR ALL CLAIMS

RELATED TO SUCH PRODUCT OR RECURRING SERVICES IN THE AGGREGATE WILL NOT

EXCEED THE TOTAL FEES PAID FOR SUCH SUBSCRIPTION SOFTWARE OR RECURRING SERVICE, AS APPLICABLE, DURING THE CONSECUTIVE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT FROM WHICH THE FIRST CLAIM AROSE.

8.3. ADDITIONAL EXCLUSIONS. NOTWITHSTANDING

ANY OTHER PROVISION OF THIS

AGREEMENT, MOTOROLA W ILL HAVE NO LIABILITY FOR DAMAGES ARISING OUT OF (A) 111
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CUSTOMER DATA, INCLUDING ITS TRANSMISSION TO MOTOROLA, OR ANY OTHER DATA AVAILABLE THROUGH THE PRODUCTS OR SERVICES; (B) CUSTOMER-PROVIDED EQUIPMENT,

NON-MOTOROLA CONTENT, THE SITES, OR THIRD-PARTY EQUIPMENT, HARDWARE,

SOFTWARE, DATA, OR OTHER THIRD-PARTY MATERIALS, OR THE COMBINATION OF PRODUCTS AND SERVICES W ITH ANY OF THE FOREGOING; (C) LOSS OF DATA OR HACKING; (D) MODIFICATION OF PRODUCTS OR SERVICES BY ANY PERSON OTHER THAN MOTOROLA; (E) RECOMMENDATIONS PROVIDED IN CONNECTION W ITH OR BY THE PRODUCTS AND SERVICES; (F) DATA RECOVERY SERVICES OR DATABASE MODIFICATIONS; OR (G) CUSTOMER’S OR ANY AUTHORIZED USER’S BREACH OF THIS AGREEMENT OR MISUSE OF THE PRODUCTS AND SERVICES.

8.4. Voluntary Remedies. Motorola is not obligated to remedy, repair, replace, or refund the purchase price for the disclaimed issues in Section 8.3 – Additional Exclusions above, but if Motorola agrees to provide Services to help resolve such issues, Customer will reimburse Motorola for its reasonable time and expenses, including by paying Motorola any Fees set forth in an Ordering Document for such Services, if applicable.

8.5. Statute of Limitations. Customer may not bring any claims against a Motorola Party in connection with this Agreement or the Products and Services more than one (1) year after the date of accrual of the cause of action.

9. Confidentiality.

9.1. Confidential Information. “Confidential Information” means any and all non-public information provided by one Party (“Discloser”) to the other (“Recipient”) that is disclosed under this Agreement in oral, written, graphic, machine recognizable, or sample form, being clearly designated, labeled or marked as confidential or its equivalent or that a reas onable businessperson would consider non-public and confidential by its nature. With respect to Motorola, Confidential Information will also include Products and Services, and Documentation, as well as any other information relating to the Products and Services.

The nature and existence of this Agreement are considered Confidential Information of the Parties. In order to be considered Confidential Information, information that is disclosed orally must be identified as confidential at the time of disclosure and confirmed by Discloser by submitting a written document to Recipient within thirty (30) days after such disclosure. The written document must contain a summary of the Confidential Information disclosed with enough specificity for identification purpose and must be labeled or marked as confidential or its equivalent.

9.2. Obligations of Confidentiality. During the Term and for a period of three (3) years from the expiration or termination of this Agreement, Recipient will (a) not disclose Confidential Information to any third party, except as expressly permitted in this Section 9 - Confidentiality; (b) restrict disclosure of Confidential Information to only those employees (including, employees of any wholly owned subsidiary, a parent company, any other wholly owned subsidiaries of the same parent company), agents or consultants who must access the Confidential Information for the purpose of, and who are bound by confidentiality terms substantially similar to those in, this Agreement; (c) not copy, reproduce, r everse engineer, de-compile or disassemble any Confidential Information; (d) use the same degree of care as for its own information of like importance, but at least use reasonable care, in safeguarding against disclosure of Confidential Information; (e) promptly notify Discloser upon discovery of any unauthorized use or disclosure of the Confidential Information and take reasonable steps to regain possession of the Confidential Information and prevent further unauthorized actions or other breach of this Agreement; and (f) only use the Confidential Information as needed to fulfill its obligations and secure its rights under this Agreement.
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9.3. Exceptions. Recipient is not obligated to maintain as confidential any information that Recipient can demonstrate by documentation (a) is publicly available at the time of disclosure or becomes available to the public without breach of this Agreement; (b) is lawfully obtained from a third party without a duty of confidentiality to Discloser; (c) is otherwise lawfully known to Recipient prior to such disclosure without a duty of confidentiality to Discloser; or (d) is independently developed by Recipient without the use of, or reference to, any of Discloser’s Confidential Information or any breach of this Agreement. Additionally, Recipient may disclose Confidential Information to the extent required by law, including a judicial or legislative order or proceeding.

9.4. Ownership of Confidential Information. All Confidential Information is and will remain the property of Discloser and will not be copied or reproduced without the express written permission of Discloser (including as permitted herein). Within ten (10) days of receipt of Discloser’s written request, Recipient will return or destroy all Confidential Information to Discloser along with all copies and portions thereof, or certify in writing that all such Confidential Information has been destroyed. However, Recipient may retain (a) one (1) archival copy of the Confidential Information for use only in case of a dispute concerning this Agreement and (b) Confidential Information that has been automatically stored in accordance with Recipient’s standard backup or recordkeeping procedures, provided, however that Recipient will remain subject to the obligations of this Agreement with respect to any Confidential Information retained subject to clauses (a) or (b). No license, express or implied, in the Confidential Information is granted to the Recipient other than to use the Confidential Information in the manner and to the extent authorized by this Agreement. Discloser represents and warrants that it is authorized to disclose any Confidential Information it discloses pursuant to this Agreement.

10. Proprietary Rights; Data; Feedback.

10.1. Data Definitions. The following terms will have the stated meanings: “Customer Contact Data” means data Motorola collects from Customer, its Authorized Users, and their end users for business contact purposes, including marketing, advertising, licensing and sales purposes; “Service Use Data” means data generated by Customer’s use of the Products and Services or by Motorola’s support of the Products and Services, including personal information, location, monitoring and recording activity, product performance and error information, activity logs and date and tim e of use; “ Customer Data” means data, information, and content, including images, text, videos, documents, audio, telemetry and structured data base records, provided by, through, or on behalf of Customer, its Authorized Users, and their end users through the use of the Products and Services. Customer Data does not include Customer Contact Data, Service Use Data, or information from publicly available sources or other Third-Party Data or Motorola Data; “Third-Party Data” means information obtained by Motorola from publicly available sources or its third party content providers and made available to Customer through the Products or Services; “Motorola Data” means data owned or licensed by Motorola; “Feedback” means comments or information, in oral or written form, given to Motorola by Customer or Authorized Users, including their end users, in connection with or relating to the Products or Services; and “Process” or “Processing” means any operation or set of operations which is performed on personal information or on sets of personal information, whether or not by automated means, such as collection, recording, copying, analyzing, caching, organization, structuring, storage, adaptation, or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

10.2. Motorola Materials. Customer acknowledges that Motorola may use or provide Customer with access to software, tools, data, and other materials, including designs, utilities, models, methodologies, systems, and specifications, which Motorola has developed or licensed from third parties (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de-compilations, disassemblies, or derivative works of the foregoing, whether made by Motorola or another party) 113
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(collectively, “Motorola Materials”). The Products and Services, Motorola Data, Third-Party Data, and Documentation, are considered Motorola Materials. Except when Motorola has expressly transferred title or other interest to Customer by way of an Addendum or Ordering Document, the Motorola Materials are the property of Motorola or its licensors, and Motorola or its licensors retain all right, title and interest in and to the Motorola Materials (including, all rights in patents, copyrights, trademarks, trade names, trade secrets, know-how, other intellectual property and proprietary rights, and all associated goodwill and moral rights). For clarity, this Agreement does not grant to Customer any shared development rights in or to any Motorola Materials or other intellectual property, and Customer agrees to execute any documents and take any other actions reasonably requested by Motorola to effectuate the foregoing.

Motorola and its licensors reserve all rights not expressly granted to Customer, and no rights, other than those expressly granted herein, are granted to Customer by implication, estoppel or otherwise. Customer will not modify, disassemble, reverse engineer, derive source code or create derivative works from, merge with other software, distribute, sublicense, sell, or export the Products and Services or other Motorola Materials, or permit any third party to do so.

10.3. Ownership of Customer Data. Customer retains all right, title and interest, including intellectual property rights, if any, in and to Customer Data. Motorola acquires no rights to Customer Data except those rights granted under this Agreement including the right to Process and use the Customer Data as set forth in Section 10.4 – Processing Customer Data below and in other applicable Addenda. The Parties agree that with regard to the Processing of personal information which may be part of Customer Data, Customer is the controller and Motorola i s the processor, and may engage sub-processors pursuant to Section 10.4.3 – Sub-processors.

10.4. Processing Customer Data.

10.4.1. Motorola Use of Customer Data. To the extent permitted by law, Customer grants Motorola and its subcontractors a right to use Customer Data and a royalty-free, worldwide, non- exclusive license to use Customer Data (including to process, host, cache, store, reproduce, copy, modify, combine, analyze, create derivative works from such Customer Data and to communicate, transmit, and distribute such Customer Data to third parties engaged by Motorola) to (a) perform Services and provide Products under the Agreement, (b) analyze the Customer Data to operate, maintain, manage, and improve Motorola Products and Services, and (c) create new products and services. Customer agrees that this Agreement, along with the Documentation, are Customer’s complete and final documented instructions to Motorola for the processing of Customer Data. Any additional or alternate instructions must be agreed to according to the Change Order process.

Customer represents and warrants to Motorola that Customer’s instructions, including appointment of Motorola as a processor or sub-processor, have been authorized by the relevant controller.

10.4.2. Collection, Creation, Use of Customer Data. Customer further represents and warrants that the Customer Data, Customer’s collection, creation, and use of the Customer Data (including in connection with Motorola’s Products and Services), and Motorola’s use of such Customer Data in accordance with the Agreement, will not violate any laws or applicable privacy notices or infringe any third-party rights (including intellectual property and privacy rights). Customer also represents and warrants that the Customer Data will be accurate and complete, and that Customer has obtained all required consents, provided all necessary notices, and met any other applicable legal requirements with respect to collection and use (including Motorola’s and its subcontractors’ use) of the Customer Data as described in the Agreement.
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10.4.3. Sub-processors. Customer agrees that Motorola may engage sub-processors who in turn may engage additional sub-processors to Process personal data in accordance with this Agreement. When engaging sub-processors, Motorola will enter into agreements with the sub-processors to bind them to data processing obligations to the extent required by law.

10.5. Data Retention and Deletion. Except for anonymized Customer Data, as described above, or as otherwise provided under the Agreement, Motorola will delete all Customer Data following termination or expiration of this MCA or the applicable Addendum or Ordering Document, with such deletion to occur no later than ninety (90) days following the applicable date of termination or expiration, unless otherwise required to comply with applicable law. Any requests for the exportation or download of Customer Data must be made by Customer to Motorola in writi ng before expiration or termination, subject to Section

13.9 – Notices. Motorola will have no obligation to retain such Customer Data beyond expiration or termination unless the Customer has purchased extended storage from Motorola through a mutually executed Ordering Document.

10.6. Service Use Data. Customer understands and agrees that Motorola may collect and use Service Use Data for its own purposes, including the uses described below. Motorola may use Service Use Data to (a) operate, maintain, manage, and improve existing and create new products and services, (b) test products and services, (c) to aggregate Service Use Data and combine it with that of other users, and (d) to use anonymized or aggregated data for marketing, research or other business purposes. Service Use Data may be disclosed to third parties. It is Customer’s responsibility to notify Authorized Users of Motorola’s collection and use of Service Use Data and to obtain any required consents, provide all necessary notices, and meet any other applicable legal requirements with respect to such collection and use, and Customer represents and warrants to Motorola that it has complied and will continue to comply with this Section.

10.7. Third-Party Data and Motorola Data. Motorola Data and Third-Party Data may be available to Customer through the Products and Services. Customer and its Authorized Users may use Motorola Data and Third-Party Data as permitted by Motorola and the applicable Third-Party Data provider, as described in the applicable Addendum. Unless expressly permitted in the applicable Addendum, Customer will not, and will ensure its Authorized Users will not: (a) use the Motorola Data or Third-Party Data for any purpose other than Customer’s internal business purposes; (b) disclose the data to third parties; (c) “white label” such data or otherwise misrepresent its source or ownership, or resell, distribute, sublicense, or commercially exploit the data in any manner; (d) use such data in violation of applicable laws; (e) remove, obscure, alter, or falsify any marks or proprietary rights notices indicating the source, origin, or ownership of the data; or (f) modify such data or combine it with Customer Data or other data or use the data to build databases. Additional restrictions may be set forth in the applicable Addendum. Any rights granted to Customer or Authorized Users with respect to Motorola Data or Third-Party Data will immediately terminate upon termination or expiration of the applicable Addendum, Ordering Document, or this MCA.

Further, Motorola or the applicable Third-Party Data provider may suspend, change, or terminate Customer’s or any Authorized User’s access to Motorola Data or Third-Party Data if Motorola or such Third-Party Data provider believes Customer’s or the Authorized User’s use of the data violates the Agreement, applicable law or Motorola’s agreement with the applicable Third-Party Data provider. Upon termination of Customer’s rights to use any Motorola Data or Third-Party Data, Customer and all Authorized Users will immediately discontinue use of such data, delete all copies of such data, and certify such deletion to Motorola. Notwithstanding any provision of the Agreement to the contrary, Motorola will have no liability for Third-Party Data or Motorola Data available through the Products and Services.

Motorola and its Third-Party Data providers reserve all rights in and to Motorola Data and Third-Party Data not expressly granted in an Addendum or Ordering Document. 115
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10.8. Feedback. Any Feedbac k provided by Customer is entirely voluntary, and will not create any confidentiality obligation for Motorola, even if designated as confidential by Customer. Motorola may use, reproduce, license, and otherwise distribute and exploit the Feedback without any obligation or payment to Customer or Authorized Users and Customer represents and warrants that it has obtained all necessary rights and consents to grant Motorola the foregoing rights.

10.9. Improvements; Products and Services. The Parties agree that, notwithstanding any provision of this MCA or the Agreement to the contrary, all fixes, modifications and improvements to the Services or Products conceived of or made by or on behalf of Motorola that are based either in whole or in part on the Feedback, Customer Data, or Service Use Data (or otherwise) are the exclusive property of Motorola and all right, title and interest in and to such fixes, modifications or improvements will vest solely in Motorola. Customer agrees to execute any written documents necessar y to assign any intellectual property or other rights it may have in such fixes, modifications or improvements to Motorola.

11. Force Majeure; Delays Caused by Customer.

11.1. Force Majeure. Except for Customer’s payment obligations hereunder, neither Party will be responsible for nonperformance or delayed performance due to events outside of its reasonable control.

If performance will be significantly delayed, the affected Party will provide notice to the other Party, and the Parties will agree (in writing) upon a reasonable extension to any applicable performance schedule.

11.2. Delays Caused by Customer . Motorola’s performance of the Products and Services will be excused for delays caused by Customer or its Authorized Users or subcontractors, or by failure of any assumptions set forth in this Agreement (including in any Addendum or Ordering Document). In the event of a delay under this Section 11.2 – Delays Caused by Customer, (a) Customer will continue to pay the Fees as required hereunder, (b) the Parties will agree (in writing) upon a reasonable extension to any applicable performance schedule, and (c) Customer will compensate Motorola for its out-of-pocket costs incurred due to the delay (including those incurred by Motorola’s affiliates, vendors, and subcontractors).

12. Disputes. The Parties will use the following procedure to resolve any disputes relating to or arising out of this Agreement (each, a “Dispute”):

12.1. Governing Law. All matters relating to or arising out of the Agreement are governed by the laws of the State of Illinois, unless Customer is the United States Government (or an agency thereof), in which case all matters relating to or arising out of the Agreement will be governed by the laws of the State in which the Products and Services are provided. The terms of the U.N. Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act will not apply.

12.2. Negotiation; Mediation. Either Party may initiate dispute resolution procedures by sending a notice of Dispute (“ Notice of Dispute ”) to the other Party. The Parties will attempt to resolve the Dispute promptly through good faith negotiations, including timely escalation of the Dispute to executives who have authority to settle the Dispute (and who are at a higher level of management than the persons with direct responsibility for the matter). If a Dispute is not resolved through negotiation, either Party may initiate mediation by sending a notice of mediation (“Notice of Mediation”) to the other Party. The Parties will choose an independent mediator within thirty (30) days of such Notice of Mediation. Neither Party may unreasonably withhold consent to the selection of a mediator, but if the Parties are unable to agree upon a mediator, either Party may request that the American Arbitration Association nominate a mediator.

Each Party will bear its own costs of mediation, but the Parties will share the cost of the mediator equally.

Each Party will participate in the mediation in good faith and will be represented at the mediation by a business executive with authority to settle the Dispute. All in person meetings under this Section 12.2 – Negotiation; Mediation will take place in Chicago, Illinois, and all communication relating to the Dispute 116
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resolution will be maintained i n strict confidence by the Parties. Notwithstanding the foregoing, any Dispute arising from or relating to Motorola’s intellectual property rights will not be subject to negotiation or mediation in accordance with this Section, but instead will be decided by a court of competent jurisdiction, in accordance with Section 12.3 – Litigation, Venue, Jurisdiction below.

12.3. Litigation, Venue, Jurisdiction. If the Dispute has not been resolved by mediation within sixty (60) days from the Notice of Mediation, either Party may submit the Dispute exclusively to a court in Cook County, Illinois. Each Party expressly consents to the exclusive jurisdiction of such courts for resolution of any Dispute and to enforce the outcome of any mediation.

13. General.

13.1. Compliance with Laws . Each Party will comply with applicable laws in connection with the performance of its obligations under this Agreement, including that Customer will ensure its and its Authorized Users’ use of the Products and Services complies with law (including privacy laws), and Customer will obtain any FCC and other licenses or authorizations (including licenses or authorizations required by foreign regulatory bodies) required for its and its Authorized Users’ use of the Products and Services. Motorola may, at its discretion, cease providing or otherwise modify Products and Services (or any terms related thereto in an Addendum or Ordering Document), in order to comply with any changes in applicable law.

13.2. Audit; Monitoring. Motorola will have the right to monitor and audit use of the Products, which may also include access by Motorola to Customer Data and Service Use Data. Customer will provide notice of such monitoring to its Authorized Users and obtain any required consents, including individual end users, and will c ooperate with Motorola in any monitoring or audit. Customer will maintain during the Term, and for two (2) years thereafter, accurate records relating to any software licenses granted under this Agreement to verify compliance with this Agreement. Motorola or a third party (“Auditor”) may inspect Customer’s and, as applicable, Authorized Users’ premises, books, and records. Motorola will pay expenses and costs of the Auditor, unless Customer is found to be in violation of the terms of the Agreement, in which case Customer will be responsible for such expenses and costs.

13.3. Assignment and Subcontracting. Neither Party may assign or otherwise transfer this Agreement without the prior written approval of the other Party. Motorola may assign or otherwise transfer this Agreement or any of its rights or obligations under this Agreement without consent (a) for financing purposes, (b) in connection with a merger, acquisition or sale of all or substantially all of its assets, (c) as part of a corporate reorganization, or (d) to a subsidiary corporation. Subject to the foregoing, this Agreement will be binding upon the Parties and their respective successors and assigns.

13.4. Waiver. A delay or omission by either Party to exercise any right under this Agreement will not be construed to be a waiver of such right. A waiver by either Party of any of the obligations to be performed by the other, or any breach thereof, will not be construed to be a waiver of any succeeding breach or of any other obligation. All waivers must be in writing and signed by the Party waiving its rights.

13.5. Severability. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such provision will be deemed to be modified to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law. The remaining provisions of this Agreement will not be affected, and each such provision will be valid and enforceable to the full extent permitted by applicable law.

13.6. Independent Contractors. Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents 117
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of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership, or formal business organization of any kind.

13.7. Third-Party Beneficiaries. The Agreement is entered into solely between, and may be enforced only by, the Parties. Each Party intends that the Agreement will not benefit, or create any right or cause of action in or on behalf of, any entity other than the Parties. Notwithstanding the foregoing, a licensor or supplier of third-party software included in the software Products will be a direct and intended third-party beneficiary of this Agreement.

13.8. Interpretation. The section headings in this Agreement are included only for convenience The words “including” and “include” will be deemed to be followed by the phrase “without limitation”. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party.

13.9. Notices. Notices required under this Agreement to be given by one Party to the other must be in writing and either personally delivered or sent to the address provided by the other Party by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as FedEx, UPS, or DHL), and will be effective upon receipt.

13.10. Cumulative Remedies. Except as specifically stated in this Agreement, all remedies provided for in this Agreement will be cumulative and in addition to, and not in lieu of, any other remedies available to either Party at law, in equity, by contract, or otherwise. Except as specifically stated in this Agreement, the election by a Party of any remedy provided for in this Agreement or otherwise available to such Party will not preclude such Party from pursuing any other remedies available to such Party at law, in equity, by contract, or otherwise.

13.11. Survival. The following provisions will survive the expiration or termination of this Agreement for any reason: Section 2.4 – Customer Obligations; Section 3.4 – Effect of Termination or Expiration; Section 4 – Payment and Invoicing; Section 6.5 – Warranty Disclaimer; Section 7.3 – Customer Indemnity; Section 8 – Limitation of Liability; Section 9 – Confidentiality; Section 10 – Proprietary Rights; Data; Feedback; Section 11 – Force Majeure; Delays Caused by Customer; Section 12 – Disputes; and Section 13 – General.

13.12. Entire Agreement. This Agreement, including all Addenda and Ordering Documents, constitutes the entire agreement of the Parties regarding the subject matter hereto, and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be executed in multiple counterparts, and will have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing or by electronic signature. An electronic signature, facsimile copy, or computer image of a signature, will be treated, and will have the same effect as an original signature, and will have the same effect, as an original signed copy of this document. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any Customer purchase order, acknowledgment, or other form will not be considered an amendment or modification or part of this Agreement, even if a representative of each Party signs such document. 118
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The Parties hereby enter into this MCA as of the Effective Date.

Motorola Solutions, Inc. Cus tomer: Vis alia Police Department Signature: Signature:

Print Name: Print Name:

Title: Title:

Date: Date:

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Software Products Addendum
This Software Products Addendum (this “ SPA”) is entered into between Motorola Solutions, Inc., (“Motorola”) and the entity set forth in the MCA (“Customer”), and will be subject to, and governed by, the terms of the Master Customer Agreement (the “ MCA”) entered into between the Parties and the applicable Addenda. Capitalized terms used in this SPA, but not defined herein, will have the meanings set forth in the MCA or the applicable Addenda.

1. Addendum. This SPA governs Customer’s purchase of certain Motorola software Products, including Software Systems, and will form part of the Parties’ Agreement. A “ Software System” is a solution that includes at least one command center software Product and requires Integration Services to deploy such software Product at a Customer Site or onto any Customer-Provided Equipment or Equipment provided to Customer. In addition to the MCA, other Addenda may be applicable to the Software System or other software Products, including the Subscription Software Addendum (“ SSA”), with respect to Subscription Software, and the Equipment Purchase and Software License Addendum (“ EPSLA”), with respect to Licensed Software and Equipment, as further described below. This SPA will control with respect to conflicting terms in the MCA or any other applicable Addendum, but only as applicable to the Software System or other software Products purchased under this SPA and not with respect to other Products and Services.

2. Software Systems; Applicable Terms and Conditions.

2.1. On-Premise Software System . If Customer purchases an “on-premises Software System,” where Equipment and Licensed Software are installed at Customer Sites or on Customer-Provided Equipment, then, unless the Ordering Document(s) specify that any software is being purchased on a subscription basis (i.e., as Subscription Software), such Equipment and Licensed Software installed at Customer Sites or on Customer-Provided Equipment are subject to the EPSLA. On-premises Software Systems described in this Section qualify for the System Warranty as described in Section 5 – On-Pre mises Software System Warranty (the “ System Warranty”). In connection with the on- premises Software System, Customer may also purchase additional Subscription Software that integrates with its on-premises Software System (e.g., CommandCentral Aware) (each, an “Add-On Subscription”). Any Add-On Subscription will be subject to the terms and conditions of the SSA and excluded from the System Warranty.

2.2. On-Premise Software System as a Service. If Customer purchases an “on-pr emises Software System as a service,” where Equipment and software Products are installed at Customer Sites or on Customer -Provided Equipment, and such software is generally licensed on a subscription basis (i.e., as Subscription Software), then such Subscription Software will be subject to the SSA and not the EPSLA. Any (a) Equipment purchased, (b) firmware preinstalled on such Equipment, and (c) Microsoft operating system Licensed Software are subject to the EPSLA. On-premises Software Systems as a service described in this Section are provided as a service and, accordingly, do not qualify for the System Warranty. System completion, however, is determined in accordance with the provisions of Section 3 – Software System Completion below.

2.3. Cloud Hosted Software System . If Customer purchases a “cloud hosted Software System,” where the applicable software is hosted in a data center and provided to Customer as a service (i.e., as hosted Subscription Software), including CommandCentral Products, then such Subscription Software is subject to the SSA. Any 120
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Equipment purchased in connection with a cloud Software System is subject to the EPSLA. Cloud hosted Software Systems described in this Section do not qualify for the System Warranty. System completion, however, is determined in accordance with the provisions of Section 3 – Software System Completion below.

2.4. Services. Any Integration Services or Maintenance and Support Services purchased in connection with, or included as a part of, a Software System are subject to the MCA, and as described in the applicable Ordering Document.

3. Software System Completion. Any Software System described in an Ordering Document hereunder (including the Products, Integration Services, and all other components thereof) will be deemed completed upon Customer’s (or the applicable Authorized User’s) Beneficial Use of each Product that is included in the Software System (unless alternative acceptance procedures are set forth in the applicable Ordering Document) (the “ System Completion Date”). Customer will not unreasonably delay Beneficial Use of any Product within a Software System, and in any event, the Parties agree that Beneficial Use of a Product will be deemed to have occurred thirty (30) days after functional demonstration. For clarity, if a Software System is comprised of more than one Product, Motorola may notify Customer that all Integration Services for a particular Product within the Software System have been completed, and Customer may have Beneficial Use of such Product prior to having Beneficial Use of other Products in the Software System, or of the Software System as a whole. In such case, the Integration Services applicable to such Product will be deemed complete upon Customer’s Beneficial Use of the Product (“ Product Completion Date”), which may occur before the System Completion Date. As used in this Section, “Beneficial Use” means use by Customer or at least one (1) Authorized User of the material features and functionalities of a Product within a Software System, in material conformance with Product descriptions in the applicable Ordering Document. This Section applies to Products purchased as part of a Software System notwithstanding the delivery provisions of the Addendum applicable to such Products, such as the SSA or EPSLA, and this Section will control over such other delivery provisions to the extent of a conflict.

4. Payme nt. Customer will pay invoices for the Products and Services covered by this SPA in accordance with the invoice payment terms set forth in the MCA. Fees for Software Systems will be invoiced as of the System Completion Date, unless another payment process or schedule or milestones are set forth in an Ordering Document or applicable Addendum. In addition to Equipment, Licensed Software, Subscription Software and Integration Services (as applicable) sold as part of a Software System, the Ordering Documents for a Software System may also include post -deployment Integration Services or other Services which are to be provided following the date of functional demonstration (“Post-Deployment Services”). Post- Deployment Services will be invoiced upon their completion and paid by Customer in accordance with the terms of the MCA.

5. On-Premises Software System Warranty. Subject to the disclaimers in the MCA and any other applicable Addenda, Motorola represents and warrants that, on the System Completion Date for an on-premises Software System described in Section 2.1 – On-Premises Software System, or on the applicable Product Completion Date for a specific Product within such on- premises Software System, if earlier, (a) such Software System or Product will perform in accordance with the descriptions in the applicable Ordering Documents in all material respects, and (b) if Customer has purchased any Equipment or Motorola Licensed Software (but, for clarity, excluding Subscription Software) as part of such on-premises Software System, the warranty period applicable to such Equipment and Motorola Licensed Software 121
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will continue for a period of one (1) year commencing upon the System Completion Date for the Software System that includes such Products, or on the applicable Product Completion Date, if earlier, instead of commencing upon delivery of the Products in accordance with the terms and conditions set forth in Section 6 – Representations and Warranties; Liabilities of the EPSLA. The warranties set forth in the applicable Addenda are not otherwise modified by this SPA.

6. Prohibited Use. Customer will not integrate or use, or permit a third party or an Authorized User to integrate or use, any Non-Motorola Content with or in connection with a Software System or other software Product provided by Motorola under this SPA, without the express written permission of Motorola.

7. API Support. Motorola will use commercially reasonable efforts to maintain its Application Programming Interface (“API”) offered sold in connection with any Software System. APIs will evolve and mature over time, requiring changes and updates. Motorola will use reasonable efforts to continue supporting any version of an API for 6 months after such version is introduced, but if Motorola determines, in its sole discretion, determines to discontinue support of an API for any reason, Motorola will provide reasonable advance notification to Customer. If an API presents a security risk, Motorola may discontinue an API without prior notice.

8. Support of Downloaded Clients. If Customer purchases any software Product that requires a client installed locally on any Customer-Provided Equipment or Equipment in possession of Customer, Customer will be responsible for downloading and installing the current version of such client, as it may be updated from time to time. Motorola will use reasonable efforts to continue supporting any version of a client for forty -five (45) days following its release, but Motorola may update the current version of its client at any time, including for bug fixes, product improvements, and feature updates, and Motorola makes no representations or warranties that any software Product will support prior versions of a client.

9. Applicable End User Terms. Additional license terms apply to third-party software included in CAD and Records Products which are available online at:
www.motorolasolutions.com/legal-flow-downs. Customer will comply, and ensure its Authorized Users comply, with all such additional license terms.

10. Additional Terms for On-Premise Software System as a Service. The terms set forth in this Section 10 – Additional Terms for On-Premise Software System as a Service apply in the event Customer purchases an on-premises Software System as a service under this SPA.

10.1. Transition to Subscription License Model. If the Parties mutually agree that any on- premises Subscription Software purchased under this SPA as part of an on-premises Software System as a service will be replaced with or upgraded to Subscription Software hosted in a data center, then upon such time which the Parties execute the applicable Ordering Document, (a) the licenses granted to such on-premises Subscription Software under the applicable Ordering Document will automatically terminate, (b) Customer and its Authorized Users will cease use of the applicable on-premises copies of Subscription Software, and (c) the replacement hosted Subscription Software provided hereunder will be governed by the terms of the SSA and this SPA.
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10.2. Transition Fee. Motorola will not charge additional Fees for Services related to the transition to hosted Subscription Software, as described in Section 10.1 – Transition to Subscription License Model. Notwithstanding the foregoing, subscription Fees for the applicable hosted Subscription Software are subject to the SSA and the applicable Ordering Document, and may be greater than Fees paid by Customer for on-premises Subscription Software.

10.3. Software Decommissioning. Upon (a) transition of the on-premises Software System as a service to Subscription Software hosted in a data center or (b) any termination of the Subscription Software license for the on-premises Software System as a service, Motorola will have the right to enter Customer Sites and decommission the applicable on-premises Subscription Software that is installed at Customer’s Site or on Customer-Provided Equipment. For clarity, Customer will retain the right to use Licensed Software that is firmware incorporated into Equipment purchased by Customer from Motorola and any Microsoft operating system Licensed Software.

11. Additional Terms for CAD and Records Products. The terms set forth in this Section 11 – Additional Terms for CAD and Records Products apply in the event Customer purchases any Computer Aided Dispatch (“C AD”) or Records Products under this SPA.

11.1. Support Required. Customer acknowledges and agrees that the licenses granted by Motorola under the Agreement to CAD and Records Products for on-premises Software Systems are conditioned upon Customer purchasing Maintenance and Support Services for such Products during the term of the applicable license. If at any time during the term of any such license, Customer fails to purchase associated Maintenance and Support Services (or pay the fees for such Services), Motorola will have the right to terminate or suspend the software licenses for CAD and Record Products, and this SPA or the applicable Ordering Document.

11.2. CJIS Security Policy. Motorola agrees to support Customer’s obligation to comply with the Federal Bureau of Investigation Criminal Justice Information Services (“CJIS”) Security Policy and will comply with the terms of the CJIS Security Addendum for the term of the Addendum or Ordering Document for the applicable Product. Customer hereby consents to Motorola screened personnel serving as the “escort” within the meaning of CJIS Security Policy for unscreened Motorola personnel that require access to unencrypted Criminal Justice Information for purposes of Product support and development.

12. Additional Cloud Terms. The terms set forth in this Section 12 – Additional Cloud Term s apply in the event Customer purchases any cloud hosted software.

12.1. Data Storage. Motorola will determine, in its sole discretion, the location of the stored content for cloud hosted software. All data, replications, and backups will be stored at a location in the United States for Customers in the United States.

12.2. Data Retrieval. Cloud hosted software will leverage different types of storage to optimize software, as determined in Motorola’s sole discretion. For multimedia data, such as videos, pictures, audio files, Motorola will, in its sole discretion, determine the type of storage medium used to store the content. The type of storage and medium selected by Motorola will determine the data retrieval speed. Access to content in archival storage may take up to 24 hours to be viewable. 123
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12.3. Maintenance. Scheduled maintenance of cloud hosted Software will be performed periodically. Motorola will make commercially reasonable efforts to notify customers one (1) week in advance of any such maintenance. Unscheduled and emergency maintenance may be required from tim e to time. Motorola will make commercially reasonable efforts to notify customers of any unscheduled or emergency maintenance 24 hours in advance.

13. Survival. The following provisions will survive the expiration or termination of this SPA for any reason: Section 1 – Addendum; Section 2 – Software Systems; Applicable Terms and Conditions; Section 6 – Prohibited Use; Section 9 – Applicable End User Terms; Section 13 – Survival.
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Subscription Software Addendum
This Subscription Software Addendum (this “ SSA”) is entered into between Motorola Solutions, Inc., (“Motorola”) and the entity set forth in the MCA (“Customer”), and will be subject to, and governed by, the terms of the Master Customer Agreement (the “MCA”) entered into between the Parties. Capitalized terms used in this SSA, but not defined herein, will have the meanings set forth in the MCA.

1. Addendum. This SSA governs Customer’s purchase of Subscription Software (and, if set forth in an Ordering Document, related Services) from Motorola, and will form par t of the Parties’ Agreement. Additional Subscription Software-specific Addenda or other terms and conditions may apply to certain Subscription Software, where such terms are provided or presented to Customer.

2. Delivery of Subscription Software.

2.1. Delivery. During the applicable Subscription Term (as defined below), Motorola will provide to Customer the Subscription Software set forth in an Ordering Document, in accordance with the terms of the Agreement. Motorola will provide Customer advance notice (which may be provided electronically) of any planned downtime. Delivery will occur upon Customer’s receipt of credentials required for access to the Subscription Software or upon Motorola otherwise providing access to the Subscription Software. If agreed upon in an Ordering Document, Motorola will also provide Services related to such Subscription Software.

2.2. Modifications. In addition to other rights to modify the Products and Services set forth in the MCA, Motorola may modify the Subscription Software, any associated recurring Services and any related systems so long as their functionality (as described in the applicable Ordering Document) is not materially degraded. Documentation for the Subscription Software may be updated to reflect such modifications. For cl arity, new features or enhancements that are added to any Subscription Software may be subject to additional Fees.

2.3. User Credentials. If applicable, Motorola will provide Customer with administrative user credentials for the Subscription Software, and Customer will ensure such administrative user credentials are accessed and used only by Customer’s employees with training on their proper use. Customer will protect, and will cause its Authorized Users to protect, the confidentiality and security of all user c redentials, including any administrative user credentials, and maintain user credential validity, including by updating passwords.

Customer will be liable for any use of the Subscription Software through such user credential (including through any administrative user credentials), including any changes made to the Subscription Software or issues or user impact arising therefrom. To the extent Motorola provides Services to Customer in order to help resolve issues resulting from changes made to the Subscripti on Software through user credentials, including through any administrative user credentials, or issues otherwise created by Authorized Users, such Services will be billed to Customer on a time and materials basis, and Customer will pay all invoices in accordance with the payment terms of the MCA.

2.4. Beta Services. If Motorola makes any beta version of a software application (“ Beta Service”) available to Customer, Customer may choose to use such Beta Service at its own discretion, provided, however, that Customer will use the Beta Service solely for purposes of Customer’s evaluation of such Beta Service, and for no other purpose. 125
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Customer acknowledges and agrees that all Beta Services are offered “as-is” and without any representations or warranties or other commitments or protections from Motorola.

Motorola will determine the duration of the evaluation period for any Beta Service, in its sole discretion, and Motorola may discontinue any Beta Service at any time. Customer acknowledges that Beta Services, by their nature, have not been fully tested and may contain defects or deficiencies.

3. Subscription Software License and Restrictions.

3.1. Subscription Software License. Subject to Customer’s and its Authorized Users’ compliance with the Agreement, including payment terms, Motorola hereby grants Customer and its Authorized Users a limited, non-transferable, non-sublicenseable, and non-exclusive lice nse to use the Subscription Software identified in an Ordering Document, and the associated Documentation, solely for Customer’s internal business purposes. The foregoing license grant will be limited to use in the territory and to the number of licenses set forth in an Ordering Document (if applicable), and will continue for the applicable Subscription Term. Customer may access, and use the Subscription Software only in Customer’s owned or controlled facilities, including any authorized mobile sites; provi ded, however, that Authorized Users using authorized mobile or handheld devices may also log into and access the Subscription Software remotely from any location. No custom development work will be performed under this Addendum.

3.2. End User Licenses . Notwithstanding any provision to the contrary in the Agreement, certain Subscription Software is governed by a separate license, EULA, or other agreement, including terms governing third-party software, such as open source software, included in the Subscription S oftware. Customer will comply, and ensure its Authorized Users comply, with such additional license agreements.

3.3. Customer Restrictions. Customers and Authorized Users will comply with the applicable Documentation and the copyright laws of the United States and all other relevant jurisdictions (including the copyright laws where Customer uses the Subscription Software) in connection with their use of the Subscription Software. Customer will not, and will not allow others including the Authorized Users, to m ake the Subscription Software available for use by unauthorized third parties, including via a commercial rental or sharing arrangement; reverse engineer, disassemble, or reprogram software used to provide the Subscription Software or any portion thereof t o a human-readable form; modify, create derivative works of, or merge the Subscription Software or software used to provide the Subscription Software with other software; copy, reproduce, distribute, lend, or lease the Subscription Software or Documentation for or to any third party; take any action that would cause the Subscription Software, software used to provide the Subscription Software, or Documentation to be placed in the public domain; use the Subscription Software to compete with Motorola; remove, alter, or obscure, any copyright or other notice; share user credentials (including among Authorized Users); use the Subscription Software to store or transmit malicious code; or attempt to gain unauthorized access to the Subscription Software or its related systems or networks.

4. T e rm.

4.1. Subscription Terms.

The duration of Customer’s subscription to the first Subscription Software and any associated recurring Services ordered under this SSA (or the first Subscription Software or recurring Service, if multiple are ordered at once) will commence 126
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upon delivery of such Subscription Software (and recurring Services, if applicable) and will continue for a twelve (12) month period or such longer period identified in an Ordering Document (the “Initial Subscription Period”). Following the Initial Subscription Period, Customer’s subscription to the Subscription Software and any recurring Services will automatically renew for additional twelve (12) month periods (each, a “ Renewal Subscription Year”), unless either Party notifies the other Party of its intent not to renew at least thirty (30) days before the conclusion of the then-current Subscription Term. (The Initial Subscription Period and each Renewal Subscription Year will each be referred to herein as a “ Subscription Term”.) Motorola may increase Fees prior to any Renewal Subscription Year. In such case, Motorola will notify Customer of such proposed increase no later than thirty (30) days prior to commencement of such Renewal Subscription Year.

Unless otherwise specified in the applicable Ordering Document, if Customer orders any additional Subscription Software or recurring Services under this SSA during an in- process Subscription Term, the subscription for each new Subscription Software or recurring Service will (a) commence upon delivery of such Subscription Software or recurring Service, and continue until the conclusion of Customer’s then-current Subscription Term (a “ Partial Subscription Year ”), and (b) automatically renew for Renewal Subscription Years thereafter, unless either Party notifies the other Party of its intent not to renew at least thirty (30) days before the conclusion of the then-current Subscription Term. Thus, unless otherwise specified in the applicable Ordering Document, the Subscription Terms for all Subscription Software and recurring Services hereunder will be synchronized.

4.2. Term. The term of this SSA (the “SSA Term”) will commence upon either (a) the Effective Date of the MCA, if this SSA is attached to the MCA as of such Effective Date, or (b) the SSA Date set forth on the signature page below, if this SSA is executed after the MCA Effective Date, and will continue until the expiration or termination of all Subscription Terms under this SSA, unless this SSA or the Agreement is earlier terminated in accordance with the terms of the Agreement.

4.3. Termination. Notwithstanding the termination provisions of the MCA, Motorola may terminate this SSA (or any Addendum or Ordering Documents hereunder), or suspend delivery of Subscription Software or Services, immediately upon notice to Customer if (a) Customer breaches Section 3 – Subscription Software License and Restrictions of this SSA, or any other provision related to Subscription Software license scope or restrictions set forth in an Addendum or Ordering Document, or (b) it determines that Customer’s use of the Subscription Software poses, or may pose, a security or other risk or adverse impact to any Subscription Software, Motorola, Motorola’s systems, or any third party (including other Motorola customers). Customer acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Subscription Software and Documentation, and that Customer’s breach of the Agreement will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Customer breaches this Agreement, in addition to termination, Motorola will be entitled to all available remedies at law or in equity (including immediate injunctive relief).

4.4. Wind Down of Subscription Software. In addition to the termination rights in the MCA, Motorola may terminate any Ordering Document and Subscription Term, in whole or in part, in the event Motorola plans to cease offering the applicable Subscription Software or Service to customers.
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5. Payme nt.

5.1. Payment. Unless otherwise provided in an Ordering Document (and notwithstanding the provisions of the MCA), Customer will prepay an annual subscription Fee set forth in an Ordering Document for each Subscription Software and associated recurring Service, before the commencement of each Subscription Term. For any Partial Subscription Year, the applicable annual subscription Fee will be prorated based on the number of months in the Partial Subscription Year. The annual subscription Fee for Subscription Software and associated recurring Services may include certain one-time Fees, such as start-up fees, license fees, or other fees set forth in an Ordering Document. Motorola will have the right to suspend the Subscription Software and any recurring Services if Customer fails to make any payments when due.

5.2. License True-Up. Motorola will have the right to conduct an audit of total user licenses credentialed by Customer for any Subscription Software during a Subscription Term, and Customer will cooperate with such audit. If Motorola determines that Customer’s usage of the Subscription Software during the applicable Subscription Term exceeded the total number of licenses purchased by Customer, Motorola may invoice Customer for the additional licenses used by Customer, pro-rated for each additional license from the date such license was activated, and Customer will pay such invoice in accordance with the payment terms in the MCA.

5.3. Effect of Termination. If the contract were to be terminated due to the default or breach by Motorola, Motorola will return the price of any annual subscription fees paid for in advance for any subscription terms not yet begun at time of termination.

6. Liability.

6.1. ADDITIONAL EXCLUSIONS. IN ADDITION TO THE EXCLUSIONS FROM DAMAGE S

SET FORTH IN THE MCA, AND NOTWITHSTANDING ANY PROVISION OF THE

AGREEMENT TO THE CONTRARY, MOTOROLA W ILL HAVE NO LIABILITY FOR (A)

INTERRUPTION OR FAILURE OF CONNECTIVITY, VULNERABILITIES, OR SECURITY EVENTS; (B) DISRUPTION OF OR DAMAGE TO CUSTOMER’S OR THIRD PARTIES’ SYSTEMS, EQUIPMENT, OR DATA, INCLUDING DENIAL OF ACCESS TO

USERS, OR SHUTDOWN OF SYSTEMS CAUSED BY INTRUSION DETECTION SOFTWARE OR HARDWARE; (C) AVAILABILITY OR ACCURACY OF ANY DATA

AVAILABLE THROUGH THE SUBSCRIPTION SOFTWARE OR SERVICES, OR INTERPRETATION, USE, OR MISUSE THEREOF; (D) TRACKING AND LOCATION- BASED SERVICES; OR (E) BETA SERVICES.

6.2. Voluntary Remedies. Motorola is not obligated to remedy, repair, replace, or refund the purchase price for the disclaimed or excluded issues in the MCA or Section 6.1 – Additional Exclusions above, but if Motorola agrees to provide Services to help resolve such issues, Customer will reimburse Motorola for its reasonable time and expenses, including by paying Motorola any Fees set forth in an Or dering Document for such Services, if applicable.

7. Motorola as a Controller or Joint Controller. In all instances where Motorola acts as a controller of data, it will comply with the applicable provisions of the Motorola Privacy Statement at https://www.motorolasolutions.com/en_us/about/privacy- policy.html#privacystatement, as may be updated from time to time. Motorola holds all 128
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Customer Contact Data as a controller and shall Process such Customer Contact Data in accordance with the Motorola Privacy Statement. In instances where Motorola is acting as a joint controller with Customer, the Parties will enter into a separate Addendum to the Agreement to allocate the respective roles as joint controllers.

8. Survival. The following provisions will survive the expiration or termination of this SSA for any reason: Section 4 – Term; Section 5 – Payme nt; Section 6.1 – Additional Exclusions; Section 8 – Survival.

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FLEX Maintenance and Support Addendum

This Maintenance and Support Addendum (the “Support Agreement”) is by and between Motorola Solutions, Inc. (“Motorola”) and Visalia Police Department (“Customer”). In connection with the Master Customer Agreement (the “Agreement”), Customer desires to purchase from Motorola certain maintenance and support Services for the Software. All capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Agreement.

In consideration of the mutual agreements set forth herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:

Section 1: Definitions

1.1 “Coverage Hours” means the hours between 6:00 a.m. and 6:00 p.m., Mountain Time, Monday through Friday, excluding regularly scheduled holidays of Motorola.

1.2 “Enhancement” means any modification or addition that, when made or added to the Software, changes its utility, efficiency, functional capability, or application, but that does not constitute solely an Error Correction. Motorola may designate Enhancements as minor or major, depending on Motorola's assessment of their value and of the function added to the preexisting Software.

1.3 “Error” means any failure of the Software to conform in all material respects to its functional specifications as published from time to time by Motorola, subject to the exceptions set forth in Section 4.

1.4 “Error Correction” means either a software fix, modification or addition that, when made or added to the Software, establishes material conformity of the Software to the functional specifications, or a procedure or routine that, when observed in the regular operation of the Software, eliminates the practical adverse effect on Customer of such nonconformity. Error Correction Services are subject to the exceptions set forth in Section 4.

1.5 “Releases” means new and updated versions of the Software containing Error Corrections and Enhancements, where there is a change in the version number either to the left or immediately to the right of the decimal. Motorola’s current numbering system is to designate Release versions by the year to the left of the decimal, and by the Release number in that year to the right of the decimal (e.g., 2018.1, 2018.2, and 2018.3). For reference, the two Releases of the Software prior to version 2017.1 are versions 6.1 and 6.2.

1.6 “Response Time” means six (6) or less Coverage Hours, from the time Customer first notifies Motorola of an Error.

1.7 “Support Fees” means Motorola’s annual fees for support and maintenance Services provided under this Support Agreement, as set forth in Motorola’s proposal or a Motorola support invoice. 130
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1.8 “Support Term” means the entire period during which Customer is receiving support and maintenance Services for the Software under the terms of this Support Agreement, beginning on the installation date of the Software. Support and maintenance Services are included at no additional charge from the installation date through the end of the Software’s Warranty Period, as defined in Section 11.1 of the License Agreement, which is the “Initial Support Term.” Thereafter, the Support Term shall automatically renew for successive periods of one year each (each a “Renewal Term”), unless and until terminated pursuant to Section 8 below.

1.9 “System Application Administrator” or “SAA” means an employee or agent of Customer appointed by Customer, who has been certified on the Software by Motorola pursuant to the procedures set forth in Section 6, and is able to communicate effectively with Motorola support personnel in the description and resolution of problems associated with the Software.

Section 2: Eligibility for Support

2.1 Support Termination. Motorola’s obligation to provide the support and maintenance Services described in this Support Agreement may be terminated pursuant to Section 8.2.2 or suspended, at Motorola’s discretion, if at any time during the term of this Support Agreement any of the following requirements are not met:

2.1.1 The License Agreement must remain valid and in effect at all times;

2.1.2 The Software must be operated on a hardware platform, operating system and version approved by Motorola; and

2.1.3 Customer must be current on payment of Support Fees.

2.2 System Application Administrator

2.2.1 System Application Administrator. Customer is responsible for designating one (or more at Customer’s option) System Application Administrator (SAA) to manage the Software system for Customer and act as Customer’s primary technical contact with Motorola. The SAA must be qualified to operate the Software on Customer’s own equipment, be certified by Motorola as set forth herein, and be familiar with the information, calculations, and reports that serve as input and output of the Software.

2.2.2 SAA Replacement. Motorola may require Customer to appoint a new System Application Administrator (“SAA”) in order to continue receiving support and maintenance Services or may increase Customer’s Support Fees, if Motorola reasonably determines that the acting SAA does not have the training or experience necessary to communicate effectively with Motorola support personnel.

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Section 3: Scope of Services

During the Support Term, Motorola shall render the following Services in support of the Software, during Coverage Hours:

3.1 Support Center. Motorola will maintain a Support Services Control Center capable of receiving from Customer’s authorized support contacts, by telephone or online through Motorola’s authorized customer support portal, reports of any Software irregularities and requests for assistance in use of the Software.

3.2 Services Staff. Motorola shall maintain a trained staff capable of rendering support and maintenance Services set forth in this Support Agreement.

3.3 Error Correction. If Customer’s authorized support contacts Mot orola’s support services department by telephone regarding any Error or material problem with the use of the Software, a Motorola representative will either answer such call or, if the caller leaves a message, will contact Customer in response to such mess age within the Response Time. Motorola shall use all reasonable diligence in correcting verifiable and reproducible Errors when reported to Motorola in accordance with Motorola's standard reporting procedures. Motorola shall, after verifying that the reported Error is present, promptly initiate work toward development of an Error Correction or otherwise resolving the problem. Following completion of an Error Correction, Motorola shall provide the Error Correction through a "temporary fix" consisting of suff icient programming and operating instructions to implement the Error Correction, and Motorola shall include the Error Correction in subsequent Releases of the Software as appropriate. Motorola supports two (2) versions back from the most recent release version. However, Motorola is not obligated to provide Error Corrections for any version of the Software other than the most recent Release, although Motorola may do so in its discretion.

3.4 Software Maintenance Services; New Releases. Motorola may, from ti me to time, issue new Releases of the Software to its Customers generally. During the term of this Agreement, Motorola shall provide Customer with one copy of each new Release, without additional charge, except that Motorola reserves the right to charge a separate license fee for a new Release that includes major Enhancements, or to cover the cost of any pass-through fees from third parties attributable to Third Party Software or services. Motorola may also charge license fees for optional Software modules and features that Motorola makes available to customers for separate purchase. Motorola shall provide reasonable assistance to help Customer install and operate each new Release, provided that any onsite services are subject to the supplemental charges at Motorola’s then-current rates.

3.5 Enhancements. Motorola shall consider and evaluate the development of Enhancements for the specific use of Customer and shall respond to Customer's requests for additional Services pertaining to the Software (including, without limitation, data conversion and report -formatting assistance), provided that such assistance, if agreed to be provided, shall be subject to supplemental charges mutually agreed to in writing by Motorola and Customer.

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Section 4: Services Not Covered by this Support Agreement

The services identified in this section are NOT covered by this Support Agreement . Motorola strongly recommends that Customer secure a separate support and maintenance agreement with third party vendors for all non-Motorola products. Motorola may, in its discretion, provide such services to Customer upon request, for an additional fee as the parties may agree in writing.

4.1 Third Party Products. Motorola does not provide support for any third party products, including Third Party Software or hardware, or support for hardware failure due to the use of any third party products. Motorola may in its discretion provide first-line support and maintenance for Third Party Software distributed by Motorola; if not, Motorola will refer Customer to the vendor of such software for resolution of support issues.

4.2 Customized Interfaces and Software. Motorola’s annual Support Fees for any custom interfaces or other customized Software developed by Motorola or any third party for Customer are set forth in the applicable exhibit for such interface or customized Software, and are also included as part of the overall annual Support Fee set forth in Motorola’s proposal. Motorola’s support and maintenance Services include bug fixes and minor modifications to the custom interface or software. They do NOT include major revisions or rewrites, such as those required to make a custom interface work with a new or upgraded version of the applicable Third Party Software.

Custom interfaces and support therefore are specific to the designated version of the applicable Third Party Software or system. Any major changes to such Third Party Software or system will require a new custom quote for Motorola to modify the custom interface to work with the new version of the third party software or system. Motorola’s Support Fees may also differ for the new version of the custom interface.

4.3 Network Failures. Motorola will not provide support for any network failures or problems including, but not limited to, cabling, communication lines, routers, connectors, and network software.

4.4 Data Recovery. Motorola’s standard support does not include restoration and/or recovery of data files and/or the operating system. Motorola will, upon request of Customer and subject to its then- current fees for such services, use reasonable efforts to assist Customer in recovering lost data.

4.5 Unauthorized Use. Motorola is not obligated to provide support where the problem arises out of any breach by Customer, data corruption, or support issues, security issues, or performance issues arising out of Customer’s or a third party’s use of the Utilities or any software not specifically licensed by Motorola to Customer for use in connection with the Software. Any assistance provided by Motorola in resolving such problems shall be charged to Customer on a time and materials basis.

Additionally, any unauthorized use of other software in connection with the Software by Customer (or by a third party with Customer’s knowledge) may result, at Motorola’s sole option, in voidance of warranties, an increase in the annual Support Fees, and/or loss of rights to upgrades under this Support Agreement.

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4.6 Database Modifications. Motorola is not obligated to provide support for any damages to or problems with the Software or its database, data corruption, support issues, security issues, or performance issues arising from Customer’s utilization of the “write” feature of any Utility (e.g., the ODBC interface) to write to or modify the database in any way.

4.7 Misuse or Damage. Motorola is not obligated to provide support for Software problems caused by Customer misuse, alteration or damage to the Software or its database, Customer’s combining or merging the Software with any hardware or software not supplied by or identified as compatible by Motorola, customizing of programs, accident, neglect, power surge or failure, lightning, operating environment not in conformance with the manufacturer's specifications (for electric power, air quality, humidity or temperature), or Third Party Software or hardware malfunction.

4.8 Operating System. Motorola is not r esponsible for supporting, configuring, maintaining, or upgrading the operating system, including, but not limited to, backups, restores, fixes, and patches, or for providing assistance with problems caused by operating system installation, configuration, errors, maintenance or repair, or using incorrect versions of the operating system.

4.9 Onsite Visits. Onsite service visits to Customer’s facility by Motorola are subject to additional charges, as set forth in Section 7.5.

4.10 Printers. Motorola is not responsible for supporting printers connected to the back of terminals/personal computers (commonly called pass-through printing) or network printers are not supported by Motorola.

Section 5: Obligations of Customer

5.1 Software Connectivity. Customer must maintain and provide, at no cost to Motorola, a CJIS - approved broadband internet connection to the server used with the Software, 24 hours per day, 7 days per week, to facilitate remote support utilities enabling Motorola support personnel to connect to and provide assistance with the server used with the Software. Third party connectivity tools, such as client VPN software, which must be installed on Motorola equipment, cannot be required by Customer. Alternatively, Customer may provide Motorola with an internet connection via a program such as Bomgar or another CJIS certified program. If Customer uses any other form of internet connection program, Customer is solely responsible for the CJIS certification for such program.

5.2 Customer Representative During Onsite Visits. A representative of Customer’s IT department must be present when any onsite support is provided. If such representative is not present when a Motorola representative arrives onsite for a previously scheduled visit, the Motorola representative shall notify an appropriate representative of Customer, if feasible, that there is no Customer IT representative present. If Customer's IT representative does not arrive within a reasonable time, no work will be performed and Customer will be charged for Motorola’s expenses relating to the visit. If Motorola’s onsite support person determines that changes to Customer’s 134
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system (hardware or software) are required or advisable, it will inform Customer’s IT representative.

If such representative is not authorized to make or approve changes to Customer’s system, as applicable, Customer will promptly make available such a person.

5.3 English Language. All communications between Customer and Motorola must be in the English language.

5.4 SAA Assignment. Customer is responsible for providing one or more qualified Motorola Application Administrators as described in Section 6 of this Support Agreement. At least one authorized SAA or support contact must be available at all times; however, after-hours availability is required only when and if Customer is requesting after-hours support from Motorola.

5.5 Security. Customer is responsible for providing all network and server security.

5.6 Error Information. Customer must provide Motorola with information sufficient for Motorola to duplicate the circumstances under which an Error in the Software became apparent.

5.7 CJIS Compliance. Customer is responsible for its own adherence to the FBI Criminal Justice Information Services (CJIS) Security Policy, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (to the extent applicable) and any other applicable security and privacy laws and regulations. Motorola will reasonably cooperate with Customer in connection therewith.

Section 6: SAA and Support Contact Requirements

6.1 Certification. Customer’s designated SAA must be certified by Motorola within one year of the date of Customer’s cutover to live operation of the Software (“Go-live”). The designated SAA must meet the following requirements in order to certify at the basic level:

6.1.1 Attend and participate in, and successfully pass the final written and practical examinations from the following courses within one hundred twenty (120) days of installation of the Software:

i. System Introduction – Inquiry,
ii. System Introduction – Data Entry & Modification,
iii. Basic System Administration, and
iv. General training applicable to the Software used by Customer.

6.1.2 Pass the Basic SAA exam within one year after Customer’s Go-live date.

6.2 SAA Training Costs. Customer will be responsible for training course fees as set forth in Motorola’s proposal, as well as for any related travel and lodging expenses for its personnel.

6.3 SAA and Support Contact Information. Contact information for Customer’s SAA(s) and ot her 135
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authorized support contacts must be provided by Customer to Motorola’s Technical Services department. Any changes to Customer’s SAA and support contacts names and contact information must be promptly provided to Motorola’s support department.

6.4 Qualifications. Each designated SAA and Customer support contact must be qualified to address, or have other support resources to address, without the aid of Motorola, all problems relating to hardware, software, or operating system not directly associated with the Software.

Section 7: Fees and Charges

7.1 Support Fees. During the Initial Support Term, support and maintenance Services are included as part of the initial purchase price paid by Customer. To receive support and maintenance Services thereafter, Customer shall pay Motorola the Support Fee, as well as any other charges or fees described herein. Motorola reserves the right to change its Support Fee, effective upon no less than ninety (90) days written notice to Customer prior to the end of the current annual period. Support Fees that have been previously prepaid by Customer are not affected by any subsequent change in such fees.

7.2 Support Fee Invoices. Motorola shall invoice Customer for annual Support Fees at the beginning of each contract year. In the event that additional billable work is performed, all billable charges and expenses will be invoiced to Customer at the beginning of the month following the month in which those charges and expenses accrued or were incurred. Customer shall pay the invoiced amounts immediately upon receipt of such invoices. Any amount not paid within thirty (30) days after the invoice date shall bear interest at the rate of eighteen (18) percent per year or the highest rate allowed by applicable law, whichever is less.

7.3 Equipment Fees. Customer shall be responsible for and agrees to pay the fees and charges incurred for procuring, installing, and maintaining all equipment, telephone lines, modems, communications interfaces, networks, and other products necessary to operate the Software.

7.4 After-Hours Charges. Customer agrees to pay additional charges at Motorola’s then-current rates for all support or other Services requested by Customer to be performed outside of Coverage Hours.

These charges are applicable for any work performed outside of the Coverage Hours, regardless of the cause, even if the requested work was reported and/or initiated during normal Coverage Hours, subject to Customer’s approval of such work being performed outside of Coverage Hours.

7.5 Onsite Support If Customer requests onsite support Services, Customer shall reimburse Motorola for all labor, travel, and related expenses incurred by Motorola in providing such Services.

7.6 Additional Fees. Motorola may increase Support Fees if there is a significant (i.e., twenty percent or larger) increase in Customer's (including, if applicable, its Shared Agencies’) size, based upon the number of full-time employees. Payment of such additional Support Fees is due within thirty (30) days of the date of the invoice for such fees. Such fees will be prorated, based upon the date 136
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during the contract year the increase in Customer's size occurred. Additionally, Motorola may adjust Support Fees based on (1) additional licenses or modules purchased by Customer, (2) changes to Customer’s hardware, (3) a change in the Coverage Hours selected by Customer, or (4) Customer’s violation of the restrictions set forth in Section 4.5 of this Support Agreement. Additionally, if a new Shared Agency is added after the date of the License Agreement, as described in Section 4.6 of such agreement, such new Shared Agency will have a separate Support Fee allocated to it, as agreed by the parties in writing at such time.

Section 8: Termination

8.1 Automatic Termination. This Support Agreement shall automatically terminate immediately upon termination of the License Agreement for any reason.

8.2 Termination by a Party. Either party may terminate this Support Agreement as follows:

8.2.1 If either Motorola or Customer provides a written notice to the other party, at least ninety (90) days prior to the end of the Initial Support Term or the then-current Renewal Term, of its intent to terminate this Support Agreement at the end of such term; or

8.2.2 For a material breach of this Support Agreement, subject to thirty (30) days prior written notice and opportunity to cure such breach within the 30-day notice period.

8.3 Final Invoicing upon Termination. Following termination of this Support Agreement, Motorola shall immediately invoice Customer for all accrued Support Fees, charges, and reimbursable expenses; and Customer shall pay the invoiced amount immediately upon receipt of such invoice.

Section 9: General

9.1 Incorporation of General Terms. The terms of Section 6 (Representations and Warranties), Section 12 (Disputes), Section 7.1 (General Indemnification), Section 8 (Limitation of Liability), Section 9 (Confidentiality), Section 10 (Proprietary Rights, Data, Feedback), and all of the General provisions of Section 13 of the Agreement are hereby incorporated into this Support Agreement by reference.

137
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0262 Agenda Date: 7/18/2022 Agenda #: 3.

Agenda Item Wording:

Authorize the City Manager to award the construction contract for RFB 21-22-49, FY 22-23 Cape Seal Project (CIP 1410-72000/CP0247-999) to VSS International of West Sacramento, CA, in the amount of $674,000.

Deadline for Action: None.

Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:

Casey Chu, Assistant Engineer, [email protected], 713-4491 Frank Senteno, City Engineer, [email protected], 713-4331 Nick Mascia, Assistant City Manager, [email protected], 713-4323 Department Recommendation:

Staff recommends that City Council authorize the City Manager to award the construction contract for RFB 21- 22-49, FY 22-23 Cape Seal Project to VSS International in the amount of $674,000.

Summary:

This project includes the application of Cape Seal to various streets identified in the City’s Pavement Management Program. The work will be focused on specific streets throughout the City as shown in the attached map (Attachment 1).

The Cape Seal project was developed based on the output from the Pavement Management Program. To increase the longevity of the pavement surface, it is necessary for the City to maintain the pavement of the streets properly and promptly. Applying cape seal treatments at this life-stage of the streets is beneficial as it extends the pavement life at a relatively lower cost. As streets deteriorate further, without this preventive maintenance, future maintenance becomes more expensive and time consuming.

Bidding Process:

A formal City bid process was conducted and on June 16, 2022, City staff opened three (3) bids that were submitted for the project. Per the construction bid documents, the apparent low bid was established by the lowest total of the Project Area A plus Project Area B plus Project Area C. The results are summarized below and are listed in order from lowest to highest bid.

No. Contractor Location Project Area A + B + C

1. VSS International West Sacramento, CA $674,000.00

2. American Pavement Systems Modesto, CA $675,000.00

3. Pavement Coatings Sacramento, CA $916,808.20
VSS International has submitted the lowest responsive bid and it is staff’srecommendation they are awarded the contract. VSS International just completed the construction of Visalia’s FY 21-22 Cape Seal Project successfully, on time, and without any change orders. Engineering staff and the public works inspector commented that VSS performed quality work in a timely manner with excellent communication. Other references such as the City of Hanford, CA have also stated VSS International performs quality and timely Visalia City Council Printed on 7/13/2022Page 1 of 3
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File #: 22-0262 Agenda Date: 7/18/2022 Agenda #: 3.
references such as the City of Hanford, CA have also stated VSS International performs quality and timely work.

Background Discussion:

As the City’slargest asset, the City’sroadway network must be maintained to prevent deterioration of the pavement and ride quality. Performing cape seal treatments at this life-stage of the roadway’slife cycle is beneficial as it extends the pavement life at a relatively inexpensive cost. If the roadway is allowed to deteriorate further, future maintenance becomes progressively more extensive and expensive. The PMP provides cost-effective maintenance strategies to maintain an acceptable level of service while optimizing available fiscal resources. The PMP develops a priority-based maintenance and rehabilitation program using cost/benefit analysis while taking account of current available funds and projected future funding allocations.

This contract is to provide Cape Seal maintenance on various City streets with a Pavement Condition Index (PCI) range between 20 to 65. The Pavement Condition Index is a number assigned to a pavement based on its condition and ranks the pavement on a scale of: failed (10 or less), very poor (10-25), poor (25-40), fair (40- 55), good (55-70), very good (70-85) and excellent (85-100).

The Cape Seal pavement maintenance treatment must be performed with consideration to the public. Public outreach is required to notify the residents in the work zone and to provide expectations on the extents of traffic control to be performed. Cape Seal consists of an application of a chip seal followed by a microsurfacing application onto the selected roadways. The chip seal process consists of applying an asphalt- rubber seal binder combined with a heated application of aggregate cover material. After the chip seal has cured, the microsurfacing application is applied. This secondary application consists of a mixture of aggregate, emulsified asphalt, mineral filler, and other additives that creates a new drivable surface over the chip seal.

Prior to the chip seal process, the streets will be swept and prepared as necessary. The contractor will be required to provide access to residents during the project duration. The chip seal portion can be performed relatively quickly, 1-2 days depending on area, and provides a semi-finished surface which is typically opened to traffic soon after application. . Once the chip seal has cured, the roadway will be opened for fourteen (14) calendar days until the microsurfacing is applied. During this time, the street will be swept again to remove excess aggregates left behind from the chip seal. Once the microsurfacing has been applied and been allowed to fully dry, the roadway is opened back up to the public typically four-hours after application. “No Parking”signs will be posted and flyers will be handed out to residents and businesses three (3) working days prior to beginning the Cape Seal work in the affected areas.

The residents of Visalia passed Measure ‘N’in November of 2016 to increase the City’sability to perform street maintenance as one of its primary objectives (CP0247).

Fiscal Impact:

The Measure ‘N’Cape Seal Project for 2022 - 2023 (CIP 1410-72000/CP0247-999) has a current budget of $1,100,000.00.

Budget Summary: FY 21-22 Cape Seal Project, CP0247
Project Budget $1,100,000
Estimated Project Costs:

Construction Cost $674,000
Construction Contingency (10%) $67,400
Construction Management (3%) $20,220
Construction Inspection (4%) $26,960
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File #: 22-0262 Agenda Date: 7/18/2022 Agenda #: 3.

Geotechnical Testing (3%) $20,220
Total Project Cost $808,800
Project Budget Surplus $291,200
Unexpended funds following completion of the project will be returned to the fund to be used for other pavement preservation projects.

Prior Council Action:

None.

Alternatives:

None recommended.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to execute an agreement for RFB 21-22-49 in the amount of $674,000 for the FY 22-23 Cape Seal Project to VSS International.

Environmental Assessment Status:

None.

CEQA Review:

None.

Attachments:
1) Project Map
2) Contractor Disclosure Form
3) Bid Summary
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Hwy 198
W Walnut Ave
W Tulare Ave
S Akers St
W Whitendale Ave
W Main St
S Linwood St
W Noble Ave
S Chinowth St
S Dem
aree St
S M
ooney Blvd
S Giddings St
S W
oodland St
W Iris Ave
S W
est St
S Divisadero St
W Mineral King Ave
W Campus AveW Cypress Ave
W Burrel Ave
S Locust St
S Conyer St
S Central St
S University St
W Hillsdale Ave
S Sowell St
W Beverly Dr
W Royal Oaks Dr
S Aspen St
W Myrtle Ave
W La Vida Ave
S Redwood St
W Coppola Ave
S Jacob St
W Ashland Ave
W Feemster Ave
W Acequia Ave
W Cambridge Ave
W Cutler Ave
S Encina St
S M
ountain St
Alley
S County Center Dr
W Meadow Ave
W Harter Ave
S Oak Park St
W Beech Ave
W Harvard Ave
W Cherry Ave
S Crenshaw St
S Terrace St
S Grant St
W Dorothea Ave
S Crowe St
S Bardo St
S Fulgham
St
W Paradise Ave
S Sallee St
W Judy Ave
W Mary Ave
W Wagner Ave
S Teddy St
S W
atson St
W Victor Ave
W Laura Ave
W Princeton Ave
W Evans Ave
S W
illis St
W Laurel Ave
W Vassar Ave
S Fairway St
W Dartmouth Ave
N Carl Dr
W Howard Ave
S Dollner St
W Seeger Ave
W Monte Vista Ave
S Johnson St
S Stevenson St
W Sue Ave
S Noyes St
W Sunnyside Ave
W Evergreen Ct
S Bollinger St
W De Las Robles
S Yale St
S Atwood St
S Valley St
W Evergreen Ave
S Leila St
S Vintage St
S Hall St
W Orchard Ct
S Kent St
W Linden Ave
S Dayton St
S Bonnie St
S Crenshaw Ct
W Kaweah Ave
S M
endonca St
W Country Ave
S Fontana St
S W
illis Ct
W Cherry Ct
S Cindy St
W Orchard Ave
S Duke St
W Pryor Ct
S M
aselli St
W Chestnut Ave
W Pecan Ct
W Iris Ct
S Avocado St
Private St
S Silvervale St
S Julieann St
W Mary Ct
W Whitney Dr
W Ashland Ct
S Green Oaks Dr
W Sunnyside Ct
S Parkwood St
S Tam
arack St
S M
artin St
W Victor Ct
W Robinwood Ct
W Dorothea Ct
W Willow Ave
S W
atson St
W Cambridge Ave
W Seeger Ave
S M
artin St
S County Center Dr
S Johnson St
Alley
W Cherry Ave
S Conyer St
W Pryor Ct
W Judy Ave
W La Vida Ave
S Conyer St
W Mary Ave
S Jacob St
W Harter Ave
W Ashland Ct
W Iris Ave W Howard Ave
W Myrtle Ave
W Country Ave
W Paradise Ave
W Judy Ave
W Harter Ave
W Cypress Ave
W Beech Ave
S Johnson St
W Victor Ave
W Feemster Ave
W Cambridge Ave
S Divisadero St
W Orchard Ave
W Victor Ave W Victor Ave
W La Vida Ave
W Vassar Ave
S Fairway St
W Mary Ave
W Mineral King Ave
Alley
W Sunnyside Ave
W Noble Ave
W Howard Ave
W Mary Ave
S Watson St
W Vassar Ave
W Laura Ave
W Mineral King Ave
W Beech Ave
W Laura Ave
S Encina St
W Monte Vista Ave
W Kaweah Ave
S Encina St
W Iris Ave
W Tulare Ave
S M
aselli St
S M
aselli St
S W
est St
S Central St
W Dorothea Ave
S Locust St
FY 22-23 Cape Seal
¯
0 0.25 0.5 0.75 10.125
Miles 04/29/2022
Legend
Area A
Area B
Area C
141
142
No. Items Qty Unit Unit Cost Total Unit Cost Total Unit Cost Total 1 Mobilization & Demobilization 1 LS $6,727.40 $6,727.40 $25,000.00 $25,000.00 $30,000.00 $30,000.00 2 Traffic Control 1 LS $23,560.00 $23,560.00 $25,192.75 $25,192.75 $42,000.00 $42,000.00 3 Measure N Signage 1 LS $2,160.00 $2,160.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 4 Asphalt Rubber Chip Seal (3/8" Grading) 28,346 SY $5.40 $153,068.40 $5.50 $155,903.00 $6.36 $180,280.56 5 Micro-Surfacing (Type II) 28,346 SY $3.20 $90,707.20 $4.00 $113,384.00 $5.05 $143,147.30 6 Striping and Pavement Markings 1 LS $3,132.00 $3,132.00 $6,000.00 $6,000.00 $6,600.00 $6,600.00 7 Raised Pavement Markers (Approx. 9 Blue RPMs) 1 LS $399.60 $399.60 $105.00 $105.00 $120.00 $120.00 $279,754.60 $326,584.75 $403,147.86
$279,754.60 $326,584.75 $403,147.86
No. Items Qty Unit Unit Cost Total Unit Cost Total Unit Cost Total 1 Mobilization & Demobilization 1 LS $8,000.00 $8,000.00 $1,500.00 $1,500.00 $5,703.46 $5,703.46 2 Traffic Control 1 LS $23,560.00 $23,560.00 $1,500.00 $1,500.00 $3,720.00 $3,720.00 3 Measure N Signage 1 LS $2,160.00 $2,160.00 $500.00 $500.00 $1,000.00 $1,000.00 4 Asphalt Rubber Chip Seal (3/8" Grading) 26,856 SY $5.40 $145,022.40 $4.50 $120,852.00 $6.45 $173,221.20 5 Micro-Surfacing (Type II) 26,856 SY $3.20 $85,939.20 $3.75 $100,710.00 $4.85 $130,251.60 6 Striping and Pavement Markings (Approx. 6 Stop Bars & 1 Legend) 1 LS $864.00 $864.00 $4,000.00 $4,000.00 $4,638.00 $4,638.00 7 Raised Pavement Markers (Approx. 6 Blue RPMs) 1 LS $259.20 $259.20 $100.00 $100.00 $120.00 $120.00 $265,804.80 $229,162.00 $318,654.26
$265,804.80 $229,162.00 $318,654.26
No. Items Qty Unit Unit Cost Total Unit Cost Total Unit Cost Total 1 Mobilization & Demobilization 1 LS $2,000.00 $2,000.00 $500.00 $500.00 $2,500.00 $2,500.00 2 Traffic Control 1 LS $2,500.00 $2,500.00 $500.00 $500.00 $2,000.00 $2,000.00 3 Measure N Signage 1 LS $1,080.00 $1,080.00 $500.00 $500.00 $1,000.00 $1,000.00 4 Asphalt Rubber Chip Seal (3/8" Grading) 14,261 SY $5.40 $77,009.40 $4.50 $64,174.50 $8.49 $121,075.89 5 Micro-Surfacing (Type II) 14,261 SY $3.20 $45,635.20 $3.75 $53,478.75 $4.79 $68,310.19 6 Raised Pavement Markers (Approx. 5 Blue RPMs) 1 LS $216.00 $216.00 $100.00 $100.00 $120.00 $120.00 $128,440.60 $119,253.25 $195,006.08
$128,440.60 $119,253.25 $195,006.08
$674,000.00 $675,000.00 $916,808.20
$674,000.00 $675,000.00 $916,808.20
Pavement Coatings
Sacramento, CA
Contractor's Listed Price
Contractor's Listed Price
FY 22-23 CAPE SEAL BID TABULATION
Pavement Coatings
Sacramento, CA
Total Bid Result (Base Bid + Add Bid 1 + Add Bid 2)
Base Bid: Area A - Total
Base Bid: Area A VSS International
West Sacramento, CA
American Pavement Systems
Modesto, CA
Contractor's Listed Price
Pavement Coatings
Sacramento, CA
American Pavement Systems
Modesto, CA
Add Bid 2: Area C - Total
Additive Bid 1: Area B VSS International
West Sacramento, CA
Add Bid 1: Area B - Total
Contractor's Listed Price
Additive Bid 2: Area C VSS International
West Sacramento, CA
American Pavement Systems
Modesto, CA
143
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 22-0265 Agenda Date: 7/18/2022 Agenda #: 4.

Agenda Item Wording:

Authorize the City Manager to award Request for Bids (RFB) 21-22-43, an annual contract to Rebuild and Repair KSB Influent Pumps at the Water Reclamation Facility (WRF) to KSB, Inc. of Bakersfield, CA for a not to exceed amount of $100,000 annually.

Deadline for Action: None
Submitting Department: Public Works
Contact Name and Phone Number:

Wyndi Ferguson, Interim Public Works Director, [email protected], 713-4186 Department Recommendation:

Staff recommends that the City Manager award an annual contract to rebuild and repair KSB Influent Pumps at the Water Reclamation Facility (WRF) to KSB, Inc. of Bakersfield, CA. for a not to exceed amount of $100,000 annually. This will be an annual contract that may be renewed for four (4) consecutive, one (1) year periods upon mutually agreed upon terms. There is a potential for an annual CPI increase included in the contact.

Background Discussion:

Wastewater generated within the City of Visalia is collected through a network of sewer mains and ultimately flows to the headworks of the Water Reclamation Facility (WRF). At this location 6 large KSB pumps raise the sewage from the 25 foot deep collection system main into the WRF for treatment. One to three of the pumps are needed to handle the flows throughout the course of the day; all other pumps are in standby/backup mode should they be needed and are all on a rotation schedule.

Although these pumps require little maintenance throughout their lifecycle, to ensure reliable operation, each pump must go through a complete rebuild after approximately 10,000 hours of service. Because of the rotation schedule, this equates to a rebuild of each pump once every five years. To accommodate taking the pumps out of service, the rebuilds have been staggered so that only one pump per year is taken out of service, although it is possible that more than one pump will require maintenance in a given year.

Depending on the size of the pump, and the parts and labor required, the cost for each rebuild varies from $32,000 up to $87,000. The rebuild process essentially returns the pump to “new”status and the performance and warranty of the rebuild is identical to that of a new pump.

The contract for the rebuild and repair of the KSB pumps reached the five (5) year limit, therefore re- bidding the contract was required. On June 7, 2022, two (2) bids were received by Purchasing, with the results shown below.

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File #: 22-0265 Agenda Date: 7/18/2022 Agenda #: 4.

COMPANY LOCATION BID AMOUNT
KSB, Inc Bakersfield, CA $247,539.00
DXP Coretech, Inc. Anaheim, CA $433,575.00
As KSB, Inc. is the manufacturer of the pumps, it is staff’srecommendation they be awarded the contract.

Fiscal Impact:

Funding for this material is budgeted within the Wastewater Treatment Plant Enterprise Fund (431) operating budget.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to award an annual contract to Rebuild and Repair KSB Influent Pumps at the Water Reclamation Facility (WRF) to KSB, Inc. of Bakersfield, CA. for a not to exceed amount of $100,000 annually. This will be an annual contract that may be renewed for four (4) consecutive, one (1) year periods upon mutually agreed upon terms.

Attachments:

RFB 21-22-43
RFB 21-22-43 Bid Results
Visalia City Council Printed on 7/13/2022Page 2 of 2
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CITY OF VISALIA
REQUEST FOR BID (“RFB”)

RFB NO. 21-22-43

PROJECT: ANNUAL CONTRACT TO REBUILD AND REPAIR KSB

INFLUENT PUMP AND MOTORS (WRF)

BID SUBMITTAL DEADLINE:

THURSDAY, MAY 26, 2022 AT 2:00 P.M.

The City of Visalia ex pressly reserves the right to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to participate in, or its participation in, such process. The Ci ty expressly r eserves the right to modify, for any reason, the schedule and any provision contained herein. The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to an y respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms.

Responses to this RFB, however, shall be held firm by Respondent for at least ninety (90) days.

Advertisement Dates: April 26, 2022
May 3, 2022

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TABLE OF CONTENTS

I. DEFINITIONS .................................................................................................. 1

II. PROJECT INTRODUCTION .............................................................................. 1

III. INSTRUCTIONS ............................................................................................... 5

IV. SCOPE OF SERVICES/PROJECT ..................................................................... 6

V. PRE-BID AND PRECONSTRUCTION MEETINGS ............................................... 6

VI. BID OPENING AND CONFIDENTIALITY ............................................................ 7

VII. AWARD ........................................................................................................... 7

VIII. PROTESTS/APPEALS ...................................................................................... 7

IX. SPECIAL CONDITIONS .................................................................................... 8

X. GENERAL CONDITIONS .................................................................................. 10

XI. POST AWARD RESPONSIBILITIES .................................................................. 13

EXHIBITS

A. BID FORM

B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND

QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM
B-1. Bidder’s Statement on Previous Contracts Subject to EEO Clauses B-2. Equal Employment Opportunity Compliance Certificate B-3. Certificate of Nonsegregated Facilities
B-4. Non-Collusion Affidavit
B-5. Worker’s Compensation Insurance Certificate
B-6. Americans with Disabilities Act Compliance Certificate B-7. Ownership Disclosure
B-8. Drug-Free Workplace

C. SAMPLE PROJECT AGREEMENT WITH ATTACHMENTS
ATTACHMENT 1 - GENERAL CONTRACT PROVISIONS
ATTACHMENT 2 - INSURANCE REQUIREMENTS

D. ADDITIONAL ATTACHMENTS
D-1. Parts List

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Visalia City CouncilJuly 18, 2022

Visalia City Council
July 18, 2022