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City Council - 04 Dec 2018 - Agenda - Pdf
Agenda City of Beaumont City Council Meeting Closed Session 5:00 PM Regular Session 6:00 PM Beaumont Financing Authority Beaumont Successor Agency (formerly RDA) Beaumont Utility Authority Beaumont Parking Authority Beaumont Public Improvement Authority Community Facilities District 93-1 550 E 6th Street, Beaumont, Ca Tuesday, December 4, 2018 Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk’s office at 550 E. 6th Street during normal business hours Any person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk’s office at (951) 769 8520, at least 48 hours prior to the meeting in order to make a request for a disability related modification or accommodation. Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a “Public Comment Form” provided at the back table and give it to the City Clerk. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. Page CLOSED SESSION A Closed Session of the City Council / Beaumont Financing Authority / Beaumont Utility Authority / Beaumont Successor Agency (formerly RDA)/Beaumont Parking Authority / Beaumont Public Improvement Authority, may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators and conference with legal counsel regarding pending litigation. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session with be made in the City Council Chambers. CALL TO ORDER Mayor Carroll, Mayor Pro Tem Martinez, Council Member Lara, Council Member White, and Council Member Santos 1. Public Comments Regarding Closed Session 2. Conference with Legal Counsel Regarding Pending Litigation Pursuant to Government Code Section 54956.9(d)(1): One Case: Beaumont vs. Mcfarlin and Anderson. 3. Conference with Legal Counsel -- Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(2)and/or(3) Page 1 of 197 4. SARDA Conference with Legal Counsel Regarding Existing Litigation, Pursuant to Government Code Section 54956.9(d)(1): AC Equipment, Incorporated et. al v. City of Beaumont et al., Case No. RIC 1714429 5. Public Employee Performance Evaluation Pursuant to Government Code Section 54957(b)(1). - Employee Title: City Manager. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6. Agency Representatives: Lloyd White and Julio Martinez. Unrepresented Employee: City Manager 6. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6. Agency Representatives: Lloyd White and Julio Martinez. Unrepresented Employee: City Manager Adjourn to Closed Session REGULAR SESSION CALL TO ORDER Mayor Carroll, Mayor Pro Tem Martinez, Council Member Lara, Council Member White, and Council Member Santos Report out from Closed Session: Action on any Closed Session items: Action on any requests for excused absence: Pledge of Allegiance: Approval/Adjustments to Agenda: Conflict of Interest Disclosure: ANNOUNCEMENTS/RECOGNITIONS/PROCLAMATIONS/CORRESPONDENCE 1. Edward Dean Museum Proclamation 2. New Police Department Employee Introduction PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA) Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a “Public Comment Form” provided at the back table and give to the City Clerk. There is a three (3) minute time limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. Approval of all Ordinances and Resolutions to be read by title only. 3. Ratification of Warrants dated November 21, 2018 Item 3 7 - 25 Page 2 of 197 4. Approval of Minutes dated November 20, 2018 CC Minutes 11.20.18 27 - 31 5. Authorize CalRecycle Beverage Container Recycling Program Grant Item 5 33 - 36 6. Approval of Animal Control Field Services Contract - Morongo Band of Mission Indians Item 6 37 - 44 PUBLIC HEARINGS Approval of all Ordinances and Resolutions to be read by title only ACTION ITEMS Approval of all Ordinances and Resolutions to be read by title only. 7. City Council Meeting of January 1, 2019 Recommended Council Action(s): 1. Direct staff to post and agenda for January 2, 2019 or reschedule for a later date. Item 7 45 8. Microsoft O365 Licensing Agreement Recommended Council Action(s): 1. Authorize and execute an agreement to obtain three years of Microsoft O365 licensing from CDW -G for a three-year total cost of $68,907.60. The $22,969.20/year is an ongoing cost for the office applications and can be terminated after the commitment is fulfilled. Item 8 47 - 71 9. Contract Amendment: Executive Facilities Services, Inc. Recommended Council Action(s): 1. Approve the First Amendment to Agreement for Services with Independent Contractor drafted by the City Attorney and authorize the Mayor to execute on behalf the City; and 2. Authorize the Finance Director to increase Purchase Order No. 18/190100 in the amount of $5,067.06, allocated to the respective facilities. Item 9 73 - 118 10. Software Purchase: Zonar Recommended Council Action(s): 1. Approve the purchase of Zonar software in a not to exceed amount of $12,584.12 for initial installation and $486 per month thereafter; and 2. Authorize the Mayor to execute the Zonar Terms and License Agreement for hardware use, data transmission, and data storage services; and 3. Authorize the Finance Director to issue a Purchase Order for Fiscal Year 2018- 2019 in an amount not to exceed $15,014 allocated to Account No. 760-7000- 8040. Item 10 119 - 138 Page 3 of 197 11. Award the Professional Services Agreement to Tetra Tech for Professional Services for the Seneca Springs Lift Station Improvements Project in the Amount Not to Exceed $43,793 and Authorize City Manager Approval for a Total Contingency Budget in the Amount Not to Exceed $20,000 for a Total Not to Exceed Amount of $63,793 Recommended Council Action(s): 1. Award the Professional Services Agreement to Tetra Tech for Professional Services for the Seneca Springs Lift Station Improvements Project in the Amount Not to Exceed $43,793; and 2. Authorize City Manager Approval for a Total Contingency Budget in the Amount Not to Exceed $20,000 for a Total Not to Exceed Amount of $63,793. Item 11 139 - 168 12. Potrero Bridge Project Summary and Construction Change Order Update Recommended Council Action(s): 1. Receive and file. Item 12 169 - 171 13. Wastewater Treatment Plant Expansion/Renovation and Brine Pipeline Installation Project Status Update; Authorize the City Manager to Execute Agreements for Archaeological, Biological and Tribal Monitoring in an Amount Not to Exceed $250,000.00 for the Brine Line and the Waste Water Treatment Plant Recommended Council Action(s): 1. Receive and file the project updates; and 2. Authorize the City Manager to execute agreements for archeological, biological and tribal monitoring in an amount not to exceed $250,000 for the Brine Line and the Waste Water Treatment Plant. Item 13 Item 13 Attachment A 173 - 177 14. League of California Cities - New Mayor and Council Academy Recommended Council Action(s): 1. Discuss and determine any attendees for the New Mayor and Council Academy. Item 14 179 - 186 15. Notice of Current and Upcoming Vacancies and Current Members Recommended Council Action(s): 1. Receive and file. Item 15 187 - 189 16. Reimbursement of Travel Reimbursement for Mayor Pro Tem, Julio Martinez Recommended Council Action(s): 1. Approve the reimbursement request in the amount of $248.47 Item 16 191 - 196 17. Legislative Updates and Discussion Page 4 of 197 COUNCIL REPORTS • Carroll • Lara • Martinez • Santos • White ECONOMIC DEVELOPMENT UPDATE Economic Development Committee Report Out and City Council Direction CITY TREASURER REPORT Finance and Audit Committee Report Out and Council Direction CITY CLERK REPORT CITY ATTORNEY REPORT 18. Status of Pending Litigation Against City of Beaumont Item 18 197 CITY MANAGER REPORT FUTURE AGENDA ITEMS Adjournment of the City Council of the December 4, 2018 Meeting at ____ p.m. The next regular meeting of the Beaumont City Council, Beaumont Financing Authority, the Beaumont Successor Agency (formerly RDA), the Beaumont Utility Authority, the Beaumont Parking Authority and the Beaumont Public Improvement Agency is scheduled for Tuesday, December 18, 2018, at 5:00 p.m. or thereafter as noted on the posted Agenda for Closed Session items in the City Council Board Room No. 5, followed by the regular meeting at 6:00 p.m. or thereafter as noted on the posted Agenda at City Hall. Beaumont City Hall – Online www.ci.beaumont.ca.us Page 5 of 197 Page 6 of 197 Page 7 of 197 Page 8 of 197 Page 9 of 197 Page 10 of 197 Page 11 of 197 Page 12 of 197 Page 13 of 197 Page 14 of 197 Page 15 of 197 Page 16 of 197 Page 17 of 197 Page 18 of 197 Page 19 of 197 Page 20 of 197 Page 21 of 197 Page 22 of 197 Page 23 of 197 Page 24 of 197 Page 25 of 197 Page 26 of 197 Page 27 of 197 Pledge of Allegiance Approval/Adjustments to Agenda:None Conflict of Interest Disclosure:None City Council November 20,2018 ANNOUNCEMENTSIRECOGNITIONSIPROCLAMATIONSICORRESPONDENCE Moment of silence for fallen of?cers Helus and Hirai. PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA) Any one person may address the City Council on any matter not on this agenda.If you wish to speak,please ?ll out a “Public Comment Form"provided at the back table and give to the City Clerk.There is a three (3)minute time limit on public comments.There willbe no sharing or passing of time to another person.State Law prohibits the Council from discussing or taking actions brought up by your comments. Public comment opened at 6:18 p.m. J.Shepard —A representative of the Ramona Humane Society reporting back with an solution to feral cats,they have found a grant to use to spay and neuter cats. A.Conners -Update on previous complaint of vehicles blocking traf?c view at the residence of 813 Elm.Asked for a solution by Council L.Uremovic -State she did not receive a response to a public records request in Aug. Public comment closed at 6:24 p.m. CONSENT CALENDAR items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. Approval of all Ordinances and Resolutions to be read by title only. 1.Ratification of Warrants dated November 8,2018 Ratification of Warrants dated November 15,2018 Approval of Minutes dated November 6,2018 July and August 2018 Financial Reports Landscape Improvement Acceptance on Highland Springs Avenue -Pardee Homes Bond Acceptance for Sewer,Street,and Monumentation Improvements -Pardee Homes Notice of Completion,Certificate of Acceptance,and Exoneration of Maintenance Bond No. 1083518-M for PA5 Park (Nicklaus Park),Tract Map No.31462 Items pulled:None Motion by Council Member White Second by Council Member Lara /Council Member Santos _/_Council Member White _/_Council Member Lara _/_Mayor Pro Tem Martinez /Mayor Carroll To approve the consent calendar Page 28 of 197 City Council November 20,2018 PUBLIC HEARINGS Approval of all Ordinances and Resolutions to be read by title only ACTION ITEMS Approval of all Ordinances and Resolutions to be read by title only. 8. 10. Approve Amendment No.2 to Professional Services Agreement with CR&R Incorporated of Perris,California for Street Sweeping Services in the Amount of $104,623.23 for Calendar Year 2019 Motion by Mayor Carroll Second by Council Member Lara _~/_Council Member Santos V Council Member White _~/_Council Member Lara /Mayor Pro Tem Martinez _\/_Mayor Carroll To approve Amendment No.2 to professional services agreement with CR&R Incorporated for street sweeping services in the amount of $104,623.23. Approved by unanimous vote. San Gorgonio Village Specific Plan Conditions of Approval Compliance Agreement Motion by Council Member White Second by Mayor Carroll _/_Council Member Santos _/_Council Member White _~/_Council Member Lara _/_Mayor Pro Tem Martinez /Mayor Carroll To amend Planning Condition of Approval 3.9 and Public Works Condition of Approval 2.10 to read as follows: "The project shall either construct the improvements in accordance with the recommendations of the traffic study prepared for the project by Linscott,Law & Greenspan,Engineers dated July 16,2018,or deposit its fair share of the improvements to be constructed to the City of Beaumont as per the Conditions of Approval Compliance Agreement" And authorize the Mayor to execute the Conditions of Approval Compliance Agreement,upon incorporating the revisions related to the revised Traffic Impact Analysis as approved by the Public Works Department. Approved by unanimous vote. San Gorgonio Village Specific Plan -Deferred Development Impact Mitigation Fee Agreement Public comment opened at 7:32 p.m. Page 29 of 197 City Council November 20,2018 11 12. 13. 14. L.Uremovic —Spoke in opposition Public Comment closed at 7:34 p.m. Motion by Council Member White Second by Council Member Santos /_Council Member Santos \/Council Member White _~/_Council Member Lara /Mayor Pro Tem Martinez _/_Mayor Carroll To approve the agreement as presented. Approved by unanimous vote. Review and Approval of Changes to Municipal Code Section 5.08.110 Patio,Garage and/or Yard Sales for Notice of Public Hearing to be Held December 4,2018 Consensus to move fowvard with amendment as presented. Discussion and Direction to Staff Regarding Municipal Code Sections 17.07.070 Signs — "General Provisions"and 17.07.080 "Signs Permitted in All Zones" Consensus to bring back after the first of the year after review by the City Attorney. Approval of City Attorney Invoices for the Month of October 2018 Motion by Council Member Lara Second by Mayor Carroll _/_Council Member Santos _/_Council Member White _\/_Council Member Lara _/_Mayor Pro Tem Martinez _~/_Mayor Carroll To approve invoices in the amount of $84,386.35. Approved by unanimous vote. Treasurer Vacancy Motion by Mayor Carroll Second by Council Member Lara /Council Member Santos _/_Council Member White _\/_Council Member Lara _/_Mayor Pro Tem Martinez _/_Mayor Carroll To direct staff to start the application process for the position of Treasurer for appointment at the regular meeting of January 15,"2019. Page 30 of 197 Page 31 of 197 Page 32 of 197 Page 33 of 197 ...r .I....l._. -.-_--..n.--.._..r_.--.J.- -_|-.-.—.-.|_-I F-I-‘I-.'I..I—F .-.I-|..|. '—1-'—---II ||_.-.,.a-.|.-..|-.| --r.-*\.---.I --.-|-|.I.-'a-II I-3. .-'r-I-—.-I ' '-I-'-I-r |_-_._---|_-.-..|-.I .-|.-..|.--|_._-.-II.. _.-..-.-.|-.-|_-I - --.f.-'-.---I-r -I-J..-I-I.-I .--J.,-._ 'u'—u'u'-u -..-.-.|........|-|...._ u'-I ‘J'- Fiscal Impact: The grant will be deposited into the Grant Fund Acct.and any costs or fees associated with the event will be utilized from the expense account 100-1350-7070-0000,not the general fund.The costs associated with the staff time of this report and process of grant application are estimated to be $675. Finance Director Review: Attachment: Page 34 of 197 -. -r.I-.II-...'-.JI'J-.I H-IIJI-'-.-I-hr|.ur.I'r.-.-an a-.._.a .~'.-I_J.-.hu__.-_. Attachment A Resolution 2017-14 Authorizing Submittal of Applications for Payment Programs and Related Authorizations Page 35 of 197 Page 36 of 197 Page 37 of 197 -|.r|.-.I .'.--II-r.l-I-.I-=|-u-|..-.-1 -u..-.-.|-.|.-I.|.n.-.-'|.|I -_|.-.|.,_.__—.I _|.a|.|.-.-|I.-.._- _ -I-I—I—I-I-I-I -_..__.|..__._...—_-__a .._l__-_,.._._-..-._..-.-._I.._ I:. .|.u..—-|..-... -. ..j-._.._.-_._-.-.__-..a. Recommendation: 1.Renew the contract for a one year term effective December 4,2018,with the option of automatic one (1)year renewals for up to two (2)years. City Manager Review: Fiscal Impact: There is no fiscal impact,as actual costs will be billed to the Morongo Band of Indians. Monies collected from MBMI for per call costs will return to the general fund,offsetting costs of Animal Control Services. Finance Director Review: Attachments: Page 38 of 197 +?1—?h—ijr I-I—u—'u'—? ._..._ Attachment A Agreement to Provide Animal Control Field Services to MBM Page 39 of 197 Page 40 of 197 «Jr lp for all animal services that CITY delivered or caused to be delivered to MBMI during the preceding month.MBMI shall pay CITY within 30 days after the date of the invoice m The initial term of this Agreement shall be for one (1)year with automatic one-year renewals for two (2)additional years unless terminated sooner as provided in paragraph 5 of this Agreement. I[iha Whenever practicable,an MBMI Public Safety Officer shall accompany the ACO on each service call. I_¢_[ming_tign,MBMI or CITY may terminate this Agreement at any time,with or without cause,upon 30-days prior written notice;provided,however,that MBMI shall pay for all services rendered by CITY prior to the date of termination. M?MLLigi§_Qn,In order to ensure smooth operation of the services provided hereunder, MBMI and CITY,each agrees to appoint a representative who shall be responsible for coordinating the implementation of this Agreement. FTTV AnnnI'nfIm=nf'CITY appoints the Chief of Police as CITY’s representative: Sean Thuilliez,Chief of Police Beaumont Police Department 660 Orange Avenue Beaumont,CA 92223 Telephone:951-769-8500 Fax:951-769-8508 MBMI appoints MBMI’s Tribal Patrol Chief as its representative: Radames Gil,Chief of Police Reservation Patrol 47350 Foothill Road Banning,CA 92220 Telephone:951-755-5305 Fax:951-755-5127 E—mail:rgil@morongo-nsn.gov Ng?gsg Any notice,payment,statement,or demand required or permitted to be given hereunder by either Party to the other shall be affected by personal delivery in writing or by mail,postage prepaid.Mailed notices shall be addressed to the Parties at the addresses appearing in paragraph 7 above unless either Party changes its address by written notice in accordance with this paragraph.Mailed notices shall be deemed communicated as of three (3) days after mailing. Indgmgj?ggtiqn,Nothing in the provisions of this Agreement is intended to create duties or obligations to,or rights in,third parties not party to this Agreement,or affect the legal liability of either Party to this Agreement by imposing any standard of care different from the standard of care applicable to either Party under California law respecting the regulation and enforcement of laws regarding animals.It is understood and agreed that neither MBIVIInor any 2 E—mai1:sthuil1iez beaumon d.or Page 41 of 197 Page 42 of 197 WITH u'—uuP-rn_uuu -II-'--—1-Ir.-1 'J’f'"II'|—'—'En‘?'II "I'J''ufu u'' 1—I-—'1I-u—'uIu::J-I---slul-u 'I—I-Inl- --—-r-.-I---—I---P -r -I-I-I-I-I-I—.--I-I .|..-I-I-I -I-.|..-.-.a-|_|-..-|-.I .-||.| .--.-|.|-_.|.._|a.:..|_. .51 J2-._...,. ------r..-.J.|. 'Z‘-?!"'?'.'_".'."'.|'l..'-L13 ‘TE'-'.".'.'...'_'....‘.'_ .g_..j _ .1...L“_-..-|.-,_.....-. f''JZ—'fI 1'1""'J"II'£—I’I"IJ"'*?u'u uJu'-'uIu Inn 'uI-'J--I-u 1‘.-..._,j —.I_..._..:..-_...-"_ .|.-.-.-..|‘I -I--.--I.-.-|.|.-.-I.|-.|.|Ja.I-.-.l.I.-.-.|. -..|.|._|.-..|-_,-IJ..'—-I J--—--.--.-____ 'Fl .1 -I.u'—-g--I ?n:11-'u 'I-i—1I--I—F—_u u'uI_'—-1n—uu —I'I""'—'IJ '—'In_—1"'I—'I"'n"'II' J-Iu'u-Ju'IJ-I—u II-INT run‘.u'uIuJ i'II Ju—u I-FJJ- I-lull uI—£uI -I 2 2|-IJI1 -Hint;I-I -—1 ?——l I.—j g_::..|..|.:._r_-.|i|.|.u_-||_l_—_||—.J._I II. -_.—..,.-...____._..u....,-1.:..._.n.. Inn.--...I.l _-.n.||.-I I.-.|.. I.'*'P'f'i"I—'u '1 "T'JZ'I—"'I'P"I'u' Iudu II:In -'-'Iu -IJ—I I In'JluIJu Illulu 'I—I-F-—Ju J;-—-Iu'—"""I"f!I—J'If WHEIIZL '£-I-—I—'JJ'uJ—2I-—'—u'u-Inl---I-In-'uJu j ...g._._._-..__..,|._.1-.....|._ 12. 13. 14. 15. 16. c.m MBMI consents to the jurisdiction of and to be sued in,and accepts and agrees to be bound by any order or judgment of,any United States District Court or any California Superior Court,in each case sitting in the County of Riverside,or otherwise assigned,and any federal or state court having appellate jurisdiction, consistent with the terms and provisions of its limited waiver and agreement. d.MBMI covenants and agrees that MBMI’s limited waiver of sovereign immunity and other waivers contained in this Agreement are irrevocable so long as this Agreement remains in effect.Upon the termination of this Agreement,MBMI's limited waiver of sovereign immunity also shall terminate except as to legal actions pending in a forum identified in paragraph 1l(c)and as to subsequently ?led legal actions based on conduct by MBMI that occurred prior to the date the Agreement was terminated.Except as provided in this paragraph 11,MBMI agrees not to revoke or further limit.in whole or in part,its limited waiver of sovereign immunity or other waivers contained in this Paragraph 11 or in any way attempt to revoke or further limit,in whole or in part,such limited waiver of sovereignimmunity. e.MBMI shall provide CITY with Written assurances that (1)the MBMI Tribal Council has approved the limited waiver;(2)the Tribal Council took all other necessary steps to grant the limited waiver within thirty (30)days of execution of this Agreement;and (3)the person who signed this Agreement on behalf of MBMI was authorized to do so by the Tribal Council. En?LgA This Agreement embodies the complete agreement of the Parties hereto, superseding all oral or written previous and contemporary agreements between the Parties relating to matters herein;and except as otherwise provided herein,carmot be modi?ed without the prior written agreement of the Parties. ?elemh?iu,In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid,illegal,or unenforceable in any respect,such invalidity, illegality,or unenforceability shall not affect any other provision thereof and this Agreement shall be considered as if such invalid,illegal,or unenforceable provision had never been contained hi this Agreement. m This Agreement shall be binding upon and insure to the bene?t of the Parties hereto and their respective heirs,executors,administrators,successors and,except as otherwise provided in this Agreement,their assigns. Qap_ti9_n§_,The captions to the various clauses of this Agreement are for information purposes only and shall not alter the substance of the terms and conditions of this Agreement. Each of the Parties represents and warrants to the other that this Agreement has been duly authorized by all necessary corporate or governmental action on the part of the representing Party and that this Agreement is fully binding on such Party. Page 43 of 197 Page 44 of 197 Page 45 of 197 Page 46 of 197 Page 47 of 197 Page 48 of 197 Page 49 of 197 nmiiinr Method of Obtaining Vendor Name &Location Quote Quote (phone,fax,website,etc) -—(Ialx',goMA'n/j Descri tion of Item s or Services Quoted City of Beaumont Vendor Quotation Summary PCMG Email Recommended Vendor" CDW_G $24,480.00 $24,164.15 Edgar Trenado Name of Employee Obtaining Quotes Signature of Employee 10/25/2018 Signature Authorizing Purchase DATE $27,025.00 This is a 3-year commitment and will cost $68,907.60 over the life of the agreement. Comments: EmailSHI Office 365 Gov Cloud License EA Agreement $22,969.20 EmailINSIGHT EmailCDW-G Page 50 of 197 Page 51 of 197 avnum 3 24.15::5 ram 3 72,422» Page 52 of 197 CureCAL?ndze03E5 ALNG Subsvl MVL Perusr Year 1 -3 Price Qty Year 1 -3 Ext.Price Year 1 -3 Annual Total:$24,480.00 3 Year Total:5 73,440.00 U45-00002 O365GCCE1 ShrdSvr ALNGSubsVLMVL PerUsr $71.52 45 3,218.40 AA/.\_11g94 OQRCGFFFR chmlcur AI Mr:c..h=\/I |\/|\II Dnrl lcr 5 197.28 95 ‘‘“'“""" AAA-12414 18.00 140 5 2,520.00 10 William L.Madrid *Wi|liam.Madrid@PCMG.COM 1940 E.Mariposa Ave.,ElSegundo,CA90245 800-625-5468 X55624 *www.pcmg.com Page 53 of 197 Page 54 of 197 Page 55 of 197 Microsof Volume Licensin Note:Enter the applicable active numbers associated with the documents below.Microsoft requires the associated active number be indicated here,or listed below as new. Program Signature Form Page 56 of 197 Microsoft Affiliate Signature Printed First and Last Name Printed Title Signature Date (date Microsoft Affiliate countersigns) Agreement Effective Date (may be different than Microsoft's signature date) Microsoft Corporation ProgramSignForm(MSSign)(NA,LatAm)ExBRA,ML|(ENG)(Aug2014)Page 2 of 2 Optional 2"“Customer signature or Outsourcer signature (if applicable) Name of Entity_p(mustbe legal entity name)*City of Beaumont IT Department Signature* Printed First and Last Name*Edgar Trenado Printed Title IT Manager Signature Date*11/7/2018 *indicates required ?eld Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* *indicates required ?eld If Customer requires physical media,additional contacts,or is reporting multiple previous Enrollments, include the appropriate form(s)with this signature form. After this signature form is signed by the Customer,send it and the Contract Documents to Customer’s channel partner or Microsoft account manager,who must submit them to the following address.When the signature form is fully executed by Microsoft,Customer will receive a con?rmation copy. Microsoft Corporation Dept.551,Volume Licensing 6100 Neil Road,Suite 210 Reno,Nevada 89511-1137 USA Outsourcer Customer Page 57 of 197 Page 58 of 197 Page 59 of 197 Microsof my htt ://wvvw.microsoft.com/licensin /contracts Enterprise Enrollment State and Local Enterprise Enrollment number Framework ID {Microsoft to complete)(if applicable) Previous Enrollment number (Reseller to complete) This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date.Enrolled Affiliate represents and warrants it is the same Customer,or an Affiliate of the Customer,that entered into the Enterprise Agreement identified on the program signature form. This Enrollment consists of:(1)these terms and conditions,(2)the terms of the Enterprise Agreement identified on the signature form,(3)the Product Selection Form,(4)the Product Terms,(5)the Online Services Terms,(6)any Supplemental Contact Information Form,Previous AgreementlEnrollment form, and other forms that may be required,and (7)any order submitted under this Enrollment.This Enrollment may only be entered into under a 2011 or later Enterprise Agreement.By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement. All terms used but not defined are located at event of any conflict the terms of this Agreement control. Effective date.if Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements,then the effective date will be the day after the first prior Enrollment or agreement expires or terminates.If this Enrollment is renewed,the effective date of the renewal term will be the day after the Expiration Date of the initial term.Otherwise,the effective date will be the date this Enrollment is accepted by Microsoft.Any reference to “anniversary date”refers to the anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in effect. Term.The initial term of this Enrollment will expire on the last day of the month,36 full calendar months from the effective date of the initial term.The renewal term will expire 36 full calendar months after the effective date of the renewal term. Terms and Conditions 1.Definitions. Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement.The following definitions are used in this Enrollment: “Additional Product"means any Product identified as such in the Product Terms and chosen by Enrolled Af?liate under this Enrollment. “Community"means the community consisting of one or more of the following:(1)a Government,(2)an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community,or (3)a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer’s regulatory requirements. EA2016EnrGov(US)SLG(ENG)(Nov2016)Page 1 of 10 Document X20-10634 .In the This Enrollment must be attached to a signature form to be valid. Volume Licensin Page 60 of 197 Membership in the Community is ultimately at Microsoft's discretion,which may vary by Government Community Cloud Service. "Enterprise Online Service”means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment.Enterprise Online Services are treated as Online Services,except as noted. “Enterprise Product”means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment.Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this program. “Expiration Date"means the date upon which the Enrollment expires. “Federal Agency"means a bureau,office,agency,department or other entity of the United States Government. “Government”means a Federal Agency,State/Local Entity,or Tribal Entity acting in its governmental capacity. “Government Community Cloud Services”means Microsoft Online Services that are provisioned in Microsoft's multi-tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST)Special Publication 800-145.Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms. "Industry Device"(also known as line of business device)means any device that:(1)is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer),a multi-function sewer,or a commercially viable substitute for one of these systems;and (2)only employs an industry or task-specific software program (e.g.a computer-aided design program used by an architect or a point of sale program)(“Industry Program”).The device may include features and functions derived from Microsoft software or third-party software.If the device performs desktop functions (such as email,word processing,spreadsheets,database,network or Internet browsing,or scheduling,or personal finance), then the desktop functions:(1)may only be used for the purpose of supporting the Industry Program functionality;and (2)must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. "Managed Device"means any device on which any Af?liate in the Enterprise directly or indirectly controls one or more operating system environments.Examples of Managed Devices can be found in the Product Terms. “QualifiedDevice”means any device that is used by or for the benefit of Enrolled Affiliate's Enterprise and is:(1)a personal desktop computer,portable computer,workstation,or similar device capable of running Windows Pro locally (in a physical or virtual operating system environment),or (2)a device used to access a virtual desktop infrastructure (“VDl”).Qualified Devices do not include any device that is:(1)designated as a server and not used as a personal computer,(2)an Industry Device,or (3)not a Managed Device.At its option,the Enrolled Affiliate may designate any device excluded above (e.g.,Industry Device)that is used by or for the benefit of the Enrolled Affiliate’s Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. "Qualified User"means a person (e.g.,employee,consultant,contingent staff)who:(1)is a user of a Qualified Device,or (2)accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service.It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. “Reseller”means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Af?liate to provide pre-and post-transaction assistance related to this agreement; “Reserved License”means for an Online Service identified as eligible for true-ups in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation. EA2016EnrGov(US)SLG(ENG)(Nov2016)Page 2 of 10 Document X20-10634 Page 61 of 197 "State/Local Entity"means (1)any agency of a state or local government in the United States,or (2)any United States county,borough,commonwealth,city,municipality,town,township,special purpose district, or other similar type of governmental instrumentality established by the laws of Customer’s state and located within Customer's state’s jurisdiction and geographic boundaries. “Tribal Entity”means a federally-recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S.Department of Interior by virtue of its status as an Indian tribe. “Use Rights”means,with respect to any licensing program,the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site.The Use Rights supersede the terms of any end user license agreement (on-screen or othenivise)that accompanies a Product.The Use Rights for Software are published by Microsoft in the Product Terms.The Use Rights for Online Services are published in the Online Services Terms. “Volume Licensing Site”means http://wvvw.microsoft.com/licensing/contracts or a successor site. 2.Order requirements. a.Minimum order requirements.Enrolled Affiliate’s Enterprise must have a minimum of 250 Qualified Users or Qualified Devices.The initial order must include at least 250 Licenses for Enterprise Products or Enterprise Online Services. (i)Enterprise commitment.Enrolled Affiliate must order enough Licenses to cover all Qualified Users or Qualified Devices,depending on the License Type,with one or more Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise Online Services (as long as all Quali?ed Devices not covered by a License are only used by users covered with a user License). (ii)Enterprise Online Services only.If no Enterprise Product is ordered,then Enrolle dAffiliateneedonlymaintainatleast250SubscriptionLicensesforEnterprise Online Services. b.Additional Products.Upon satisfying the minimum order requirements above,Enrolled Affiliate may order Additional Products. c.Use Rights for Enterprise Products.For Enterprise Products,if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment,those more restrictive use rights will not apply to Enrolled Affi|iate's use of that Product during that term. d.Country of usage.Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. e.Resellers.Enrolled Affiliate must choose and maintain a Reseller authorized in the United States.Enrolled Affiliate will acquire its Licenses through its chosen Reseller.Orders must be submitted to the Reseller who will transmit the order to Microsoft.The Reseller and Enrolled Affiliate determine pricing and payment terms as between them,and Microsoft will invoice the Reseller based on those terms.Throughout this Agreement the term “price"refers to reference price.Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft. f.Adding Products. (i)Adding new Products not previously ordered.New Enterprise Products or Enterprise Online Services may be added at any time by contacting a MicrosoftAccount Manager or Reseller.New Additional Products,other than Online Services,may be used if an order is placed in the month the Product is first used.For Additional Products that are Online Services,an initial order for the Online Service is required prior to use. EA2016EnrGov(US)SLG(ENG)(Nov2016)Page 3 of 10 Document X20-10634 Page 62 of 197 reduce (ii)Adding Licenses for previously ordered Products.Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true-up order.Additional Licenses for Online Services must be ordered prior to use,unless the Online Services are (1)identified as eligible for true-up in the Product Terms or (2)included as part of other Licenses. g.True-up requirements.Enrolled Affiliate must submit an annual true-up order that accounts for any changes since the initial order or last order.If there are no changes,then an update statement must be submitted instead of a true-up order. (i)Enterprise Products.For Enterprise Products,Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user-based Licenses)at the time the true-up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses,including any Enterprise Online Services. (ii)Additional Products.For Additional Products that have been previously ordered under this Enrollment,Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order,the last true-up order,or the prior anniversary date and submit a true-up order that accounts for any increase. (iii)Online Services.For Online Services identified as eligible for true-up in the Product Terms,Enrolled Affiliate may place a reservation order for the additional Licenses prior to use and payment may be deferred until the next true-up order.Microsoft will provide a report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliateand its Reseller.Reserved Licenses will be invoiced retroactively to the month in which they were ordered. (iv)Subscription License reductions.Enrolled Affiliate may the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms,as follows: 1)For Subscription Licenses that are part of an Enterprise-wide purchase,Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices and Qualified Users (if ordering user-based Licenses)identified on the Product Selection Form,and includes any additional Qualified Devices and Qualified Users added in any prior true-up orders. Step-up Licenses do not count towards this total count. 2)For Enterprise Online Services that are not a part of an Enterprise-wide purchase, Licenses can be reduced as long as the initial order minimum requirements are maintained. 3)For Additional Products available as Subscription Licenses,Enrolled Affiliate may reduce the Licenses.If the License count is reduced to zero,then Enrolled Affiliate’s use of the applicable Subscription License will be cancelled. Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true-up order Enrollment anniversary date and effective as of such date. (v)Update statement.An update statement must be submitted instead of a true-up order if, since the initial order or last true-up order,Enrolled Af?|iate’s Enterprise:(1)has not changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services;and (2)has not increased its usage of Additional Products.This update statement must be signed by Enrolled Affiliate's authorized representative. (vi)True-up order period.The true-up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date.The third- year true-up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted.Enrolled Affiliate EA2016EnrGov(US)SLG(ENG)(Nov2016)Page 4 of 10 DocumentX20-10634 Page 63 of 197 may submit true-up orders more often to account for increases in Product usage,but an annual true-up order or update statement must still be submitted during the annual order period. (vii)Late true-up order.If the true-up order or update statement is not received when due, Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal,as applicable). h.Step-up Licenses.For Licenses eligible for a step-up under this Enrollment,Enrolled Affiliate may step-up to a higher edition or suite as follows: (i)For step-up Licenses included on an initial order,Enrolled Affiliatemay order according to the true-up process. (ii)If step-up Licenses are not included on an initial order,Enrolled Affiliate may step-up initially by following the process described in the Section titled “Adding new Products not previously ordered,”then for additional step-up Licenses,by following the true-up order process. i.Clerical errors.Microsoft may correct clerical errors in this Enrollment,and any documents submitted with or under this Enrollment,by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction.Clerical errors include minor mistakes,unintentional additions and omissions.This provision does not apply to material terms,such as the identity,quantity or price of a Product ordered. j.Verifying compliance.Microsoft may,in its discretion and at its expense,verify compliance with this Enrollment set forth in the Enterprise Agreement. 3.Pricing. a.Price Levels.For both the initial and any renewal term Enrolled Affiliate’s Price Level for all Products ordered under this Enrollment will be Level “D”throughout the term of the Enrollment. b.Setting Prices.Enrolled Affiliate’s prices for each Product or Service will be established by its Reseller.Except for Online Services designated in the Product Terms as being exempt from fixed pricing,As long as Enrolled Affiliate continues to qualify for the same price level, Microsoft’s prices for Resellers for each Product or Service ordered will be fixed throughout the applicable initial or renewal Enrollment term.Microsoft’s prices to Resellers are reestablished at the beginning of the renewal term. 4.Payment terms. For the initial or renewal order,Enrolled Affiliate may pay upfront or elect to spread its payments over the applicable Enrollment term.If an upfront payment is elected,Microsoft will invoice Enrolled Affiliate’s Reseller in full upon acceptance of this Enrollment.If spread payments are elected,unless indicated othenivise,Microsoft will invoice Enrolled Affiliate’s Reseller in three equal annual installments.The first installment will be invoiced upon Microsoft's acceptance of this Enrollment and remaining installments will be invoiced on each subsequent Enrollment anniversary date.Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses. 5.End of Enrollment term and termination. a.General.At the Expiration Date,Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order,except as otherwise provided in this Enrollment. EA2016EnrGov(US)SLG(ENG)(Nov2016)Page 5 of 10 DocumentX20-10634 Page 64 of 197 b.Renewal option.At the Expiration Date of the initial term,Enrolled Affiliate can renew Products by renewing this Enrollment for one additional 36-month term or by signing a new Enrollment.Microsoft must receive a Renewal Form,Product Selection Form,and renewal order prior to or at the Expiration Date.Microsoft will not unreasonably reject any renewal. Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c.If Enrolled Affiliate elects not to renew. (i)Software Assurance.If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment,then Enrolled Affiliate will not be permitted to order Software Assurance later without ?rst acquiring a new License with Software Assurance. (ii)Online Services eligible for an Extended Term.For Online Services identified as eligible for an Extended Term in the Product Terms,the following options are available at the end of the Enrollment initial or renewal term. 1)Extended Term.Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment.An extended term feature that allows Online Services to continue month-to-month (“Extended Term”)for up to one year,unless designated in the Product Terms to continue until cancelled,is available.During the Extended Term,Online Services will be invoiced monthly at the then-current published price as of the Expiration Date plus a 3%administrative fee.If Enrolled Affiliate wants an Extended Term,Enrolled Affiliate must submit a request to Microsoft at least 30 days prior to the Expiration Date. 2)Cancellation during Extended Term.At any time during the first year of the Extended Term,Enrolled Affiliate may terminate the Extended Term by submitting a notice of cancellation to Microsoft for each Online Service.Thereafter,either party may terminate the Extended Term by providing the other with a notice of cancellation for each Online Service.Cancellation will be effective at the end of the month following 30 days after Microsoft has received or issued the notice. (iii)Subscription Licenses and Online Services not eligible for an Extended Term.If Enrolled Affiliate elects not to renew,the Licenses will be cancelled and will terminate as of the Expiration Date.Any associated media must be uninstalled and destroyed and Enrolled Affi|iate’s Enterprise must discontinue use.Microsoft may request written certificationto verify compliance. d.Termination for cause.Any termination for cause of this Enrollment will be subject to the “Termination for cause”section of the Agreement.In addition,it shall be a breach of this Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government Community Cloud Services fails to meet and maintain the conditions of membership in the definition of Community. e.Early termination.Any early termination of this Enrollment will be subject to the "Early Termination”Section of the Enterprise Agreement. For Subscription Licenses,in the event of a breach by Microsoft,or if Microsoft terminates an Online Service for regulatory reasons,Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination. 6.Government Community Cloud. a.Community requirements.If Enrolled Affiliate purchases Government Community Cloud Services,Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and,for eligible Government Community Cloud Services,for the benefit of end users that are members of the Community.Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non-Community members is strictly EA2016EnrGov(US)SLG(ENG)(Nov2016)Page 6 of 10 Document X20-10634 Page 65 of 197 prohibited and could result in termination of Enrolled Affiliate’s |icense(s)for Government Community Cloud Services without notice.Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. All terms and conditions applicable to non-Government Community Cloud Services also apply to their corresponding Government Community Cloud Services,except as otherwise noted in the Use Rights,Product Terms,and this Enrollment. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non-Government Community Cloud Services in the same domain. Use Rights for Government Community Cloud Services.For Government Community Cloud Services,notwithstanding anything to the contrary in the Use Rights: (i)Government Community Cloud Services will be offered only within the United States. (ii)Additional European Terms,as set forth in the Use Rights,will not apply. (iii)References to geographic areas in the Use Rights with respect to the location of Customer Data at rest,as set forth in the Use Rights,refer only to the United States. Page 7 of 10 Document X20-10634 EAZO16EnrGov(US)SLG(ENG)(Nov2016) Page 66 of 197 excluded:Affiliate and 1. Enrollment Details Enrolled AffiIiate’s Enterprise. Identify which Agency Affiliates are included in the Enterprise.(Required)Enrolled Affiliate’ sEnterprisemustconsistofentireoffices,bureaus,agencies,departments or other entities of Enrolled Affiliate,not partial offices,bureaus,agencies,or departments,or other partial entities. Check only one box in this section.If no boxes are checked,Microsoft will deem the Enterprise to include the Enrolled Affiliate only.If more than one box is checked,Microsoft will deem the Enterprise to include the largest number of Affiliates: IZIEnrolled Affiliate only I:I Enrolled Af?liate and all Affiliates El Enrolled Affiliate and the following Affiliate(s)(Only identify specific affiliates to be included if fewer than all Affiliates are to be included in the Enterprise): El Enrolled all Affiliates,with following Affiliate(s) htt s://wvvw.microsoft.com/Iicensin /servicecenter b.Please indicate whether the Enrolled Affi|iate’s Enterprise will include all new Affiliates acquired after the start of this Enrollment:Include future Affiliates 2.Contact information. Each party will notify the other in writing if any of the information in the following contact informationpage(s) changes.The asterisks (*)indicate required fields.By providing contact information,Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft,its Affiliates,and other parties that help administer this Enrollment.The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at a.Primary contact.This contact is the primary contact for the Enrollment from within Enrolled Affiliate’s Enterprise.This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others.The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes Name of entity (must be legal entity name)*City of Beaumont Contact name*First Edgar Last Trenado Contact email address*etrenado@beaumontca.gov Street address*550 E 6th street City*Beaumont EA2016EnrGov(US)SLG(ENG)(Nov2016)Page 3 of 10 Document X20-10634 Page 67 of 197 StateIProvince*CA Postal code*92223- (For U.S.addresses,please provide the zip +4,e.g.xxxxx-xxxx) Country*USA Phone*951-572-3209 Tax ID *indicates required ?elds b.Notices contact and Online Administrator.This contact (1)receives the contractual notices, (2)is the Online Administrator for the Volume Licensing Service Center and may grant online access to others,and (3)is authorized to order Reserved Licenses for eligible Online Servies, including adding or reassigning Licenses and stepping-up prior to a true-up order. Same as primary contact (default if no information is provided below,even if the box is not checked). Contact name*First Last Contact email address* Street add ress* City* StateIProvince* Postal code*- (For U.S.addresses,please provide the zip +4,e.g.xxxxx-xxxx) Country* Phone* Language preference.Choose the language for notices.English El This contact is a third party (not the Enrolled Affiliate).Warning:This contact receives personally identifiable information of the Customer and its Affiliates. *indicates required ?elds c.Online Services Manager.This contact is authorized to manage the Online Services ordered under the Enrollment and (for applicable Online Services)to add’or reassign Licenses and step-up prior to a true-up order. Same as notices contact and Online Administrator (default if no information is provided below,even if box is not checked) Co_ntact name*:First Last Contact email address* Phone* I:I This contact is from a third party organization (not the entity).Warning:This contact receives personally identi?able information of the entity. *indicates required ?elds d.Reseller information.Reseller contact for this Enrollment is: Reseller company name*CDW Logistics,Inc. VStreetaddress(PO boxes will not be accepted)*200 N.Milwaukee Ave. City*Vernon Hills StateIProvince*IL Postal code*60061 Country*USA Contact name*Aubrey Styles Phone*262-237-3805 Contact email address*aubrey.sty|es@cdw.com *indicates required ?elds EA2016EnrGov(US)SLG(ENG)(Nov2016)Page 9 of 10 Document X20-10634 Page 68 of 197 Page 69 of 197 Page 70 of 197 Page 71 of 197 Page 72 of 197 Page 73 of 197 Page 74 of 197 Page 75 of 197 Page 76 of 197 Page 77 of 197 ‘., 5-. u -41 hours.CONTRACTORwill determinethe method,details,and means of performingthe Servicesunder this Agreement. 5.03 CONTRACTOR shall keep CITY informed as to the progress of the Servicesby means of regular and frequentconsultations.Additionally,when requested by CITY,CONTRACTORshallprepare written status reports. 5.04 CONTRACTORisresponsiblefor paying,when due,all incomeand other taxes,fees and withholding,includingwithholdingstate and federal taxes,social security, unemploymentand workers compensation,incurredas a result of the compensation paidunderthisAgreement.CONTRACTORagrees to indemnify,defend and hold harmles sCITYforanyclaims,costs,losses,fees,penalties,interest,or damages sufferedby CITY resulting from CONTRACTOR’sfailure to comply with this provision. 5.05 In the event CONTRACTOR is required to prepare plans,drawings, speci?cations and/or estimates,the same shallbe ?imished in conformancewithlocal,stateandfederallaws,rules and regulations. 5.06 CONTRACTORrepresentsthat it possesses allrequired licensesnecessary or applicable to the performanceof Servicesunder thisAgreement and the Proposal and shall obtain and keep in full force andeffectall permits and approvals required to perform the Services herein.In the event CITYisrequired to obtain an approval or permit ?om another governmental entity,CONTRACTORshall provide all necessary supporting documentsto be ?led withsuch entity. 5.07 CONTRACTOR shall be solely responsible for obtainingEmployment Eligibility Veri?cation information from CONTRACTOR’s employees,in compliancewiththeImmigrationReformandControlActof1986,Pub.L.99-603(8 U.S.C.132411) ,and shall ensure that CONTRACTOR’s employees are eligible to work in the United States. 5.08 .In the event that CONTRACTORemploys,contracts with,or otherwise utilizesany CalPers retirees in completingany of the Services performedhereunder,such instances shall be disclosed in advance to the CITY and shall be subject to the CI'I‘Y’s advance written approval. 5.09 Drug—?'ee Workplace Certification.By signing this Agreement,the CONTRACTOR hereby certi?es under penalty of perjury under the laws of the State of Californiathat the CONTRACTOR will comply with the requirementsof the Drug-Free Workplace Act of 1990 (Government Code,Section 8350 et seq.)and will provide a drug- free workplace. 5.10 CONTRACTOR shall comply with all applicable local,state and federal laws,rules,regulations,entitlements andlor permits applicable to,or governing "the Services authorized hereunder. 6.Insurance.CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performingthe Services under this Agreementand shall 3 Page 78 of 197 Page 79 of 197 v.". a?er thirty(30)days’prior written notice has been given to CITY. 7.04 Self-insurance does not comply with these insurance speci?cations. CONTRACTORacknowledgesand agrees that that all insurancecoverage required to beprovidedbyCONTRACTORoranysubcontractor,shallapply first and on a primary,non-contributingbasis in relation to any other insurance,indemnityor self-insuranceavailable UOCITY. 7.05 All coverage types and limitsrequiredare subjectto approval,modi?catio nandadditionalrequirementsbyCITY,as the need arises.CONTRACTORshall not makeanyreductionsinscopeofcoverage(e.g.eliminationof corrtractual liabilityor reduction of discoveryperiod)that may affect CITY’s protection without CITY’s prior written consent 7.06 CONTRACTORagrees to provide immediatenotice to CITY of any claimorlossagainstCONTRACTORorarisingoutoftheServicesperformedunderthis - Agreement.CITY assumes noobligationorliabilityby such notice,but has the right (but not the duty)to monitor the handling of any such claim or claims if they are likely toinvolveCITY. 8.Indemni?cation. 8.01 CONTRACTOR and CITY agree that CITY,its employees,agents andof?cials should,to the extent permitted by law,be fully protected from any loss,injury, damage,claim,lawsuit,cost,expense,attorneys’fees,litigationcosts,defensecosts,court costs or any other costs‘arising out of or in any way related to the performance of thisAgreementbyCONTRACTORoranysubcontractororagentofeither;Accordingly,theprovisionsofthisindemnityareintendedbythepartiestobeinterpretedandconstruedtoprovidethe?rllest protection possible under the law to CITY.CONTRACTO RacknowledgesthatCITYwouldnotenterintothisAgreementintheabsence of the.commitmentof CONTRACTORto indemnify and protect CITYas set forth herein. a.To the fullest extent permitted by law,CONTRACTORshall defend,indemnity and hold harmless CITY,its employees,agents and oifieials,?-omanyliability,claims,suits,actions,arbitrationproceedings,administrativeproceedings, regulatory proceedings,losses,expenses,damages or costs of any kind,whether actual,alleged or threatened,actual attorneys’fees incurredby CITY,court costs,interest,defense costs,including expert witness fees and any other costs orexpensesofanykindwhatsoeverwithoutrestrictionorlimitationincurredinrelationto,as a consequence of or arising out of or in any way attributableactually,allegedlyor impliedly,in "wholeor in part to the performance of this Agreement. CONTR.ACTOR’sobligation to defend,indemnifyand hold harmless51131]include any and all claims,suits and proceedings in which CONTRACTOR(and/or CONTRACTOR’sagents and/or employees)is alleged to be an employeeof CITY. All obligations under this provision are to be paid by CONTRACTORasthey areincurredbyCITY. b.Without affecting the rights of CITY under any provision of this 5 Page 80 of 197 Page 81 of 197 Page 82 of 197 Page 83 of 197 Page 84 of 197 Page 85 of 197 Page 86 of 197 IXICIITIVI SIRVKIS 9980 INDIANA AVENUE 0 SUITE 8 o RIVERS! (844)780-2626 0 FAX (951)346-78 www.execservIces.biz DE GA 2503 22 March 7,2018 Ms.Elizabeth Gibbs Transit Director City of Beaumont 550 E.6"‘Street Beaumont.CA92223 Dear Ms.Gibbs: Thank youfor allowing Executive Facilitiesservices.Inc.the opportunity to present to you a competitivejanitorial proposl for the servicing of your multiple buildings identi?ed in the Request for Proposal for custodial Services. Attached please ?nd the following informationregarding Executive Servicesfor your review: Serviceproposal which will include the following: —Letter from CPA regarding ?nancial condition -Organization Chart ' -Similartable experience -Client reference contact list information -Certi?cate of insurance -Rate Sheet As per the Non-mandatory facility walkthrough on February 13.2018,the enclosed Price Quote encompasses the mrvices outlined in the speci?cations provided. Additionalfacility services also can be performed upon request. Page 87 of 197 EXECUTIVE SERVICES 9980 INDIANA AVENUE u SUITE 3 o RIVERSIDE CA 2503 (844)780-2628 u FAX (951)346-7822 www.execservices.blz The total monthly service charge reflected on the enclosed Rate Sheet represents your only cost.and is inclusiveof: o All labor and supervision o All materials and equipment required for custodial services 0 All payroll,payroll taxes.Insurance,etc. Lastly.each individualthat willbe providlngservices to your facilityis covered by an insurance program that our employees and your business in several ways. This comprehensive program provides complete coverage.includinga 1M General Liabilityeach occurrence.2M General LiabilityGeneral Aggregate policy.1M Worker's Compensation and 1MAuto LiabilityInsurance.We also retain a 1MUmbrellaLiability policy. A Certi?cate of insurance is attached for your review. Please do not hesitate to contact me at (844)780-2626 in the event you have any questions ragardin our service proposal. Trusting we may be of service. .B\‘?-§c..<‘e.§-es-€2:.=~ Jim Ferraro Executive Facilities Services,Inc. Page 88 of 197 2:_;., CUTIVEFACILITIES SERVICES.INC. E ECUTIVE FACILITI ESSERV|CES,|CF. 7» 9980 INDIANA AVENUE.SUITE 8 RIVERSIDE .CA 2506 844-780-2626 0 FAX 951 346 3922 CUSTODIALSERVICES 550 E.6T”.STREET BEAUMONT,CA 92223 ARCH Page 89 of 197 Page 90 of 197 A)Company information: 1)EXECUTIVE FACILITIESSERVICES,INC. COMPANYPROFILE To ensure optimum perfonnance,Executive FacilitiesServices.inc.invests substantial resources in time management,research I development and employee training.The result is a ?ve-step service program that is effective.eflicient and most importantlygives you the results you expect. 1.PERSONALIZED SERVICE We are in the people business.Maintainingpersonal service means we are there when you need us.Great service is not an accident—it is the result of detailed planning and attention to your needs.Our experience and abilityto recogn your needs is the cornerstone of our commitment to provide you with personal service. Personal Service with attention to details 2.RESPONSIVENESS Our ability to respond to an emergency or a question is handled the same way —immediately.We recognize that response is paramount to our service capabilityand we take pride in the fact that we have built our business around being responsive to our clients needs. 3.COST EFFICIENT Delivering a high quality service at a reasonable cost is what it's all about in today's highly competitive market. Executive Services has not only met this challenge.we continue to overcomeit.Always an innovator,we were one of the ?rst to introducevideo training.wage premiums for meeting higher production goals,employee incentiveprograms and more ef?cient methods to increase productivity.Withover 25 years of experience,we continue to re?ne our services to insure our clients recelve the highest quality service available at an affordable price. Page 91 of 197 Page 92 of 197 _.:_ It 1.--.. I “A .. VI:'.' .- f n Page 93 of 197 . V _.H ..;.. W _. .....a‘Y M .>=u I u ‘ -1 - :-g rv -v ‘r r.._\-'l‘.—.,.L.—.,.-. H _I -_-> 'i,‘....4 n. u r ,- -'c w.m .. 7 .'..'m I H’I I —|—'l.u u:\-n 7.ADVANTAGESOF CONTRACTINGWITH EXECUTIVESERVICES,INC. Some of the many advantages that The City of Beaumont would bene?t from by contracting with Executive Services are: c Known janitorial service provider -currently servicing two hundred and sixty (260)sites withinSouthern California Has proven to be able to respond to ‘emergency ‘situations Single client &multiple site start—up experience Riverside of?ce and warehouse facility Responsive to all emergency situations immediate access to Key Personnel and Company Owner Large number of professional.well trained employees NOT A FRANCHISEDORGANIZATION Web based communication method utilized Financially strong organization English speaking employees Warehouses and inventory maintained with minimumof two week supplies inventory in addition to on site supply inventories Additionalfacility services available if needed Page 94 of 197 Page 95 of 197 Page 96 of 197 / 1 Page 97 of 197 -(K .\ M" Page 98 of 197 ix vm :.H . u -. :...o.'.. «I '.' 1 ,,;... v..-x v'1 .-..__ H *.‘.(...,_,H .u ¢ -r y . M‘u v.. ‘.‘_. .,.11;<N.._ n ‘.w w '.H._“..' ‘-, u .-. '‘m .-:n . ...m -',,..‘.. w.0 .N : ‘ .,u :._ We have found that it is best to work with.each site-speci?c team on an individual basis to determine which individualwill complete each service requirement is the most ef?cient and professional manner. Communication is the key to responding to emergency service situation that may arise at a clientfacility.Executive Services has been successful in responding to client emergencies or service request because of two proven methods of communication: a Emergency situation:clients are requested to contact any Executive Services via our main of?ce telephone number.Between‘the hours of Sam-5pm a live person at our officewillanswer the telephone.Ifsomeone is not in the office during this time,the telephone calls will be fonivarded to Jim Ferraro.Any calls made to Executive Services willbe automatically forwarded to supervisory personnel. --Non-emergency issue:in an effort.not to take away valuable time from our clients,we request that a work order be sent to an Executive Services representative.All non-emergency related issues willbe responded to on the same evening that the email message is sent if received before 5PM.If the email is received after 5PM,all efforts willbe made to respond to the request that same evening or guaranteed to address the following evening. 0 Executive Services has after an after-hours emergency contact person for all clients and this telephone number is provided to Key Personnel only. Executive Facilities Services,Inc.has found that the most effective method in ensuring that a qualityservice is being provided to our clients is via site visitations.All sites senriced by Executive Services are visited by NightSupervisors on a weekly basis in addition to supplies delivery inspections.Also,all sites are visited by Key Personnelon a regular visitation schedule. Regarding supply delivery inspections,when paper products I restroom supplies or cleaning materials are being delivered to a site,the siteis also going to be inspected by the Day Supervisor making the delivery.Ifany deficienciesare noticed by the Operations Managers,the Night Supervisor is made aware of the deficiency and it is corrected that evening. The site visitation schedule is developed by Jim Ferraro weekly and no site-speci?c staff member is aware of when a site will be performed at their site by a Day Supervisor, Night Supenrisor or Key Personnel. Alladditionalfacility services such as carpet cleaning and hard floor services are maintainedon a site-specific Excel ?le clearly identifying when the service is scheduled to be performed.This schedule is coordinated withthe site representative and communicated to the site representative priorto the service being completed. Executive Senrices.Inc.has been providing janitorial services within the Southem Californiasince 2004 and throughout the entire time period Executive Services has never requested a rate increase beyond the consumer price index from its clients. How is that possible you may ask? 10 Page 99 of 197 n .‘. .u--., K, '. u ,on.:1-AI . u ., 1 - ‘1 .. “‘n xi ‘.- In .\. ~- Allof our contracts are considered a “full risk‘contract.This simply means that the successful contractoris responsible for all cost associated withthe perfonnance of the required services.lt.ls certainly in the best interest of the contractorto control his cost and remain withintheir operating budget Proactive cost controlmeasuretaken by Executive FacilitiesServices,Inc.management includes: 1.On a quarterly basis,the management team meets with suppliers to review current materials costs (cleaning chemicals,paper products). 2.If it deemed necessary,all suppliers are requested to bid upon a select volume to be purchased by Executive FacilitiesServices.Inc.for e speci?c time period. 3.Bulkpurchasing of paper products.chemicals and equipment if available. This is just example ofthe proactive cost control measures taken by ExecutiveFacilities Services.Inc.Taking steps such as these only help to ensure that ExecutiveServices is able to maintain cost controls and achieve budget requirements and goals. F.Executive Services r_1 also provide the following additionalfacility services: Day porter service Steam extraction carpet cleaning service Floor re?nishing.stripping,waxing and sealing vwndow cleaning (interior and exterior) Interiorlightingmaintenance High pressure mobilewash Post constructionclean up Additionalfacilitysenrices available upon request 1 Page 100 of 197 Page 101 of 197 KO.2mo:omammmmomzorémao Z<:y.U._w:._.0ODZ_;_<OE3 000 om<mxmES:_. >n3m.rIO_Z Eumm?:9: x0‘.><» <_mEs_uo :,_Ew_mm< z_2n_< xoommtam ouo\omu om<mmm:_mamwo >n5m hIO_Z >n5m ._.I Nmzxaz,>n5w ._.IO_Z <_zm_2~m_:<mam293 oom mzmmo ..<_m_o»_z. mammu ..<_mO_._2<.. mzmmo ._<_mo:z<_._<_ ._.m_<IO._<ZO_._.<N_Z<0mO .02..mm_o_>mmmmm_E.__o<u_m_>_5om_xm Page 102 of 197 2)EXECUTIVESERVICES,INC. KEY PERSONNEL INFORMATION As a service driven organization our primary strengths are Leadership and Experience. Managing to be both productive and innovativetakes a team effort by the people leading the organization.Based in Riverside,CA.ExecutiveServices is fortunateto have an experienced and proven management team.Our goal is to simply save you money without sacri?cing senrice or quality.We_offera complete service system that encompasses all of yourfacility needs under one umbrella.Our professional sta? members are all uniformed and trained on each new account to ensure that we do not fall under the level of service that we guarantee our clients. We offer you friendly service,outstanding quality,and communication that is second to none.We pride ourselves on being a progressive company and takin a proactive role when it comes to our environment and our employees.By ensuring that we use ?te safest cleaning products and materials available,we willnot only keep your work environment clean.but our planet safe as well.We offer all of our employee's part-time bene?ts and a living wage to ensure that we’maintaina quality staff and low tumover. It is our policy to ensure that each clientfrom the smallest to the largest receives the highest quality service available.The bottom line... We simplydo the job right the first time. "l guaranteeit” JIM FERRARO,000 Mr.Ferraro began his career in the senrice industry in 1984 with a national transportation company.During his career,Jim has held positions of responsibility including Vice President and Chief Operating O?icer. Jim's current responsibilities include new business development, customer relations.operational services and strategic planning for Executive Services.He overseesall aspects of day to day ‘ operations.customer service.safety.employee hiring.training.and staff development. Jim attended the Bloomsburg University in Pennsylvania where he received a Bachelor of Science degree in Business Administration. He also attended the University of Phoenix where he completed his Masters degree in Business Administration..Jimcontinues to further his education on effective management.training and communication skills,labor relations,non-union management,media communication and other related topics. 13 Page 103 of 197 Page 104 of 197 nu‘.u .xu *‘..-I ->-- :1 -.J - *1 .x :.—--.-.1 v ‘-:-v.v -I w ---:--1 A W — .n -.; I ‘. 1 .,--n . --.u ,_,.-_u ...-4 .-u ....u,‘ Page 105 of 197 w JORGE FLORES,FLOORTECHNICIAN Jorge was a floorcare technician for ExecutiveServices when the company was acquired in 2014.He has been retrained trained in carpet cleaning services via hot water extraction and bonnet cleaning and also is trained in the _servicingof hard ?oors, Jorge willalso assist in the supervision of the nightly cleaningcrews as needed. Key Job Elements: Safety Quality control Carpet cleaning senrices Hard floor services Supplies distribution .°":“.°°!°.-‘ CARLOS SOSA,FLOOR TECHNICIAN Carlos was a floor care technician for White Glove Maintenance when the company-was acquired 2015.Carlos has been retrained in the carpet cleaning services via hot water extraction and bonnet cleaning and also is trained in the servicing of hard floors. Carlos willalso assist in the supervision of the nightly cleaning crews as needed. Key Job Elements: Safety Quality Control Carpet cleaning services Hard ?oor services Supplies distribution Page 106 of 197 w u 3)EXECUTIVESERVICES,INC. KEY PERSONNEL STATEMENT One of the keys to the success that Executive Services hasachieved is consistency. Consistency in: 1.Leadership 2.Training 3.Communication 4.Employee relations 5-Tools and methods of operation The level consistency that is practiced by Executive Sewices is what has made Executive Services successful and willcontinue to do so in the future. Executive Services management believes in keeping things simple and not complicating daily service responsibilities.The management team recognizes that success in the janitorial industry can be achieved by continuous training and as having the same people perform the same function every night.The employees that are selected to perform the nightly janitorial services at The City of Beaumont sites willbe the same employee's night in and night out.it is NOT the practice of Executive Services to rotate employees in and out of client sites. The Key Personnel that are involved in the onoing operations of these locationswill remain involved throughout the life ofthe contract.If a person that has been identifiedas a Key Personnel should leave ExecutiveServices,a replacement person of equal to or greater ability will replace the person that has left their position with ExecutiveServices. 17 Page 107 of 197 .n\ ‘xv .n ..- n .-. -‘x .-.—..,, 1H .- n .- ‘u ..-H‘. Y -. : JI‘ :\ ‘u u v. D.Comparable projcts: EXECUTIVEFACILITIESSERVICES,INC. SIMILARCLIENT EXPEREINCE As you willsee in the attached Sample of Similar Client Table.Executive Facilities Services,Inc.has extensiv experience in sinle client multiple locationsstart ups and nightlyjanitorial services.In this table,you will?nd a sample of eleven (11)existing ' clients that require nightlyjanitorial services similar to your services.Executive Services also provides nightly janitorial service to numerous other clients and specific client informationcan be provided upon request. Regarding multiple site locations.currently Executive Facilities Services.Inc.is providing nightly janitorial services at approximately (260)locations within the Southem California. Services provided include janitorial services and hard ?oor surface services.Executive Facilities Services.Inc.is also responsible for all paper products and restroom materials for select clients. in September of 2010,Executive Services recently responded to a request to provide emergency janitorial services for San Bemardino County of Schools for the DeserlJMountainRegion.We were able to respond successfully withindays of these requests at all twenty (20)locationswithout any reports of service failures.We have also replaced over 50 roll towel dispensers at these locations at no additional charge. Also,in the spring of 2005,Executive Services successfully started nightlyjanitorial services for thirteen (13)Provident Bank locations.At all of the ProvidentBank location s.Executive Services also performs carpet clnin,window cleaning and hard ?oor surface services.Executive Senrices is also responsible for all paper products and restroom materials. Executive Services also responded within a very short period of time to start up the services for 35 Bank ofAmerica locationswithin Southern California and we did so without any service issues. if Executive Services is selected to be the janitorial services provider for the City of Beaumont sites,the Key Personnel that are identi?ed in Section B.Item 2 will be responsible for ongoing janitorial services for all sites. Allexisting personnel that are currently providing "sen/ices willremain in place. Action Plan steps that‘willtake place to ensure a successful continuationof services are: Jim Ferraro will review the required cleaning equipment and materials. Executive Services willreview the level of inventory of supplies and equipment at our warehouse. All Key Personnel willreview the Scope of Work. Each Key Person willreview their speci?c assignments for each location. P9’P7‘ 18 Page 108 of 197 ~‘ ~... ‘.....— _v..‘».; :-.-.--"ay- _u .1;. __,. .‘.,,,‘ 19 Page 109 of 197 ....: EB.mm_:3m.N_.mZ_._0w:z<E8.o8.m?ao8.8. _.E.~.EmSbmvmussmo_¢:<s_8.8o.¢$983.2 V m Em?mom=_&.Emuc_u:_c_.__.0:._ oEa.nnm:..§<_o¢<~x<<._m§oo.a8..mm¢98562. ._t..3 ..8m.u$aoa<m:m__._._._<m8.o3.n$»o8.2~ ?$.$__:m9m_oam:m<zzon868...:»98.8 8.oS.~mm»3.3“ oomv?ucnmvzsaoowmam8.8o.$~acomma” zunzazzomzm;m=._<>._<:zz<Edauzo:._.8<_.zoum._.<s_xoE..< C on E. E. E NN mzo=.<uo._ “.0.. 395.00Bus: —um.._:ou._D_u:: 63:8._m—.=._= .uw.E._aoBus: .um..EooEtc: SEES.25: Emhcaohate: 8.50 m._.<n azu 88 moaua moBNB Sow Son 823 wEN mama u._.<..._ ._.¢<.—.m .Eu:uw<z<=t.¢u._om.._NEz_._um u .n— m:_n>_m_.=Em5vuu:_oc_museum_E__u£_m:o_=uum2: m:_m>_m_.:En:_umu:_o_.._mozcou._uta.__mmu..... ._=._O¢GO._.=<oE.ms_mn_m¢m>E o:_m>_m:.._...mEuou:.u:_oo_>_omEton awn3. 0.3.mmF¢m_._o¢._z<.__s_ coaum=_aE=a_2 _‘tumwn .mcoiox>u__u>$2.:.mEum 33:9»no...zunzm.—z_xu.5m >._.z=oooz_nm<z¢mm z<m m=_m>_m=E._a5B3_o=_.o.3_>_oa b___u£_E2._%m 2.. Emasumouu.sm:m._>___.__mmooo_..n5 22%Ema_>oz._ 50>cuww326:2>__eamo8=m.. :u._.m>w.E<¢m_._>._.z=oo un_w¢m>_¢ m:<z...zm_..u.. uEN muz_w¢m._xm EH50 mum¢<.._:.m".0 m._._s_<m muusiuwm>F:uwxm Page 110 of 197 ur :I 1 '.v : .w c F.References: EXECUTIVEFACILITIESSERVICES,INC .REFERENCE INFORMATION 1)Below please find required reference information: 1.Donna Ruegga Vice President 2.KarlaAizarga Senior Property Manager 3.Jorge Mendoza Area Manager 4.Joe Tomero BuildingMaintenance Supervisor Provident Bank 3756 CentralAvenue Riverside.CA 92506 (951)782-6121 ' druegge@myprovident.com MilanProperties,LLC 11382 MountainView Ave.,Suite C Loma Linda,CA 92354 (909)799-8460 kar1a@milanp.oom CW Services I Bank of America 275 S.Valenci Avenue Brea.CA 92823 (951)336-7522 Conejo Rec &Park District 250 Reino Road. Newberry Park.C.91320 (805)381-2788 jtomero@crpd.org Services provided at all of the above listed clients are consistent with the services outlined in the Scope of Work provided. Starting dates and approximate contract values for the above mentioned clientsare listed on the Similar Client Experience spreadsheet. Page 111 of 197 Page 112 of 197 Page 113 of 197 .?a.-.--.'l I'I"rI'—-?--H'-I 'II'|-I-I-I-'-_|""-‘I-I.I-I _-?l?-p-jut-— Attachment “B" First Amendment to Agreement for Services with Independent Contractor Page 114 of 197 I'—I LIE.-Inn.-II r.-|.|.—|.—.-.r.--.|.lIl|.-.I'I-I -1-I-—-I-I..-.-.-.._|-_. -Ir —.-rn.-.d-.-_l.|-.I-I.-I -.-I-.|-I.-I r.-a-.-.-I-.-.- -a'-'--'--.I--Ir.I--|.r-I.r|.-Ir-H J."IIu'I‘)'I .3.-—_|_1-.|..u-.-Ia-_.,_|.-|..,_.._.__.._ -.||.-_||..._-a_.|.|.|_---.|.|.-I J—I—?I—‘I’.-_ Ij'II"I':'I—I’II"u —'I'1——'f—— '""'l .-"'---I-1-I-F -I-I.-I-n.I--I.I-r |.|-_||.u-.|--..——|I a—--..|-_.-.- --Fl‘-"-I-'-I-'-'-I'I'--'—-.-'-'.l—.—I--I--I. -I.-.I.-|.-|_|.-u _u.II-.I-.-.I J'I.I-'l-I |.-r-|._.-_|-.|.-|_- ..—..._I .....|..--_._..|,_..."_._-n-H..."_.-._. I-4- ..|.-.-Iu-u-..|.I.|-I 'l-I url-I-.|--I-|.|.l.-|.r.|_||. |.g_p.,.--.._.....q..-.-_u.:_.,_.-.1.-,_-I.r . -r ||._-..|...-..:.I_|—-I .-|.I-'|.—~.|-n-j . d——..||_|g_._-..u_-"__|.|-:g.-_....._...‘ |—n-|—.--I-—-u--I.--I—I-I--.I-I-r-rl.---I—I"-'-.. -.|.-5.-an.-.|.n..|..|.I.n.:.l|_I.u Page 115 of 197 Page 116 of 197 l'I'II-'-If-:I:IlIEXHIBIT“A” ATTACH PROPOSAL Page 117 of 197 Page 118 of 197 Page 119 of 197 Page 120 of 197 Page 121 of 197 Q‘ /5‘O?nzns ommc.Vehicle Held O?lce se-mes Lac»:-use Reglstuauon Fmclm 11.1 —AllVehicles 11.2 —Internai Inspection (All Vehicles) 11.3 External Inspection (All Vehicles) 11.4 —Sc_hoo|Bus Only 11.5 —Trailer 11.6 —Coach/Transit Bus 11.7 —Taking the CDL Vehicle Inspection Test Appointments Driver Shopping Cart 11.1 —All Vehicles 11.2 Internal Inspection (All Vehicles) The vehicle inspection test is a skills test to see if the customer identi?es which features and equipment on the test vehicle shouldbe inspected before operating the vehicle.~Theentire vehicle inspection test must be conducted in the English language,pursuant to CFR,Title 49 §§391.11(b)(2)and 383.133(c)(5). Ifyou communicate in a language other than English or fail to comprehend instructions given to you in English,during the skills tests (vehicle inspection,basic control skills,and road test)you willreceive a verbal warning for the ?rst 2 offenses committed on the same test date.Upon the third offense committed on the same test date,the test willend as an automatic failure. A vehicle inspection should be done the same way each time so you will learn all the steps and be less likel ytoforgetsomethingduringthetest. Vehicle inspection tests are conducted to ensure that a vehicle is safe to operate.During the vehicle inspection test,you willbe expected to explain or show your knowledge of the vehicle inspection process. During the vehicle inspection test,you must show that the vehicle is safe to drive.You will have to walk around the vehicle and point to or touch each item and explain to the examiner what you are checking and why.You willNOT have to crawl under the hood or under the vehicle.The brake lights,emergency ?ashers, turn signals,and horn must be checked.If any of these items do not work,the skills and road portions of the test willbe postponed. You may use the guides shown on the last page of this section when taking your vehicle inspection test.You cannot write any instructions or notes on the vehicle inspection guide.If you do not pass the vehicle inspection test,the other tests will be postponed. Remember:You are allowed a total of 3 attempts to pass the vehicle inspection,basic control skills,and road tests. Study the following vehicle parts for the type of vehicle you willbe using during the CDL skills tests.You should be able to identify each part and tell the examiner what you are looking for or inspecting. As you approachthe vehicle,notice its general condition.Look for damage or if the vehicle is leaning to one side.Look under the vehicle for fresh oil,coolant,grease,or fuel leaks.Check area around the vehicle for hazards to vehicle movement such as people,other vehicles,objects,low hanging wires,or limbs,etc. Check that theparking brakes are set and/or wheels chocked.You may have to raise the hood or open the engine compartment door.Check the following: 11.2.1 —Engine Compartmenti(I_.=_.ng,gi_r1r_3_g'_)l:_fi): Leaks/Hoses This Section Covers Section 11:Vehicle Inspection Test Page 122 of 197 Page 123 of 197 Page 124 of 197 Page 125 of 197 Page 126 of 197 Page 127 of 197 Page 128 of 197 Page 129 of 197 Page 130 of 197 Page 131 of 197 Sula caulbnua Privacy Policy Publications Regulations Report Fraud Site Map Technical Support Copyright ©2018 of Page 132 of 197 I I I I I I I I I I II I I I I I I I I I I I I I I I I 'I I I I I I I I I 'I I I I I I I I I ' I I I I I I I I I I I I.I I I I ' I I I 'I ' I I I I I I I I I 'I ' I ‘I I I I I I -I I Page 133 of 197 ZQNAR ZONAR TERMS &LICENSE AGREEMENT FOR HARDWARE USE DATA TRANSMISSION &DATA STORAGE SERVICES CUSTOMER INFO:P.O.#: Name:City of BeaumontTransit Quote#1 uick uote 11/21/18 Address:550 East 6”‘St,Beaumont,CA 92223 Contract #: Market Segment:Pupil Transportation This Zonar Terms and License Agreement is effective as of 2018 (“Effective Date”)and entered into between City of Beaumont Transit (“Customer”)and Zonar Systems,Inc.,a Washington Corporation (“Zonar”).The Parties agree that the following terms and conditions shall apply to Customer’s purchase of equipment and services from Zonar,whether procured directly from Zonar or from a Zonar authorized reseller,and Customer’s access to and use of Zonar’s service and so?ware offerings. 1.DEFINITIONS:The following capitalizedterms shall have the meanings ascribedto them below: 0 “Agreement”means this Terms &LicenseAgreement(including any Orders submittedby Customer and accepted by Zonar under this Agreement,any Quotes,includingQuic kQuotes,includedor referencedin suchOrder),which together form a single agreement.- -“Data”means any and all ?les,information,data or othercontent generated by Customer that is collected,transmitted,and/or and stored in Zonar’s systems in connectionwith its delivery of the Services.Data does not include informationthat Zonar collectsfor relationshipmanagement purposes,such as contact,billing,customer relationshipmanagement, servicedelivery,performancemeasuring,and compliancemonitoring or Aggregated User Data (defined in Section 10 below).Data can include one or more of InspectionData (for Customer’s using Zonar’s veri?ed inspection service (EVIR)),GPS Data (location data for reviewing the historical path of a vehicle),Z PASS Data (student bus ridership data),and/or ZLOGS Data (driver log data). “Hardware”means any equipmentprovidedby Zonar to Customer underthis Agreement. “Parties”means Zonar and Customer.“arty”means eitherof Zonar or Customer,as applicable. “Services”means Zonar Offerings including one or more of automateddata collectionfrom enrolledvehicles (such data includesone or more of time card data,inspectiondata, location data,diagnostic data,idle data,and/or driver behavior data);automateddata transmission from enrolled vehicles to a secured hosted data center;monthly storage of collecteddata;customer support for hardware and data transmissionissues;and/or any other servicesthat Zonar or its authorizedresellersmakes to available to Customerunder this Agreement -“ServicePackages”refers to one or more of the ServicesZonar will provide to a Customerundera particular Quoteor Order.Access to different Zonar Offerings and Servicesis basedon the selectedServicePackage.Not all ServicePackages receive access to all Zonar Offerings. -“So?ware”means any Zonar sourcedcomputer software and associateddocumentationmade available to Customer underthis Agreement.Such Softwareincludesany so?ware and/or ?rmware loadedan,included with or otherwise provided for use with Hardware. “Tenns of Use”means the tenns and conditions applicable to use of the Services,a copy of whichis incorporatedherein(see Section 8 below). “Zonar Otferings”means the Zonar-brandedHardware,Software and Services that Zonar,a Zonar authorizedreseller,or a Zonar authorized agent makes available to Customer for purchase,license or use under this Agreement.Pricing for Zonar O?erings will be de?ned in one or more of a Quote,QuickQuote,or Sales Order. 2.HARDWARE:Title to PurchasedHardwareprovided under this Agreement will be transferred to Customer.Hardwaremay be used only with the Services,in accordancewith specifications applicableto such Hardwareand all applicable laws.All Purchased Hardware to be delivered by Zonar or its agents to Customer under this Agreement shall be shipped FOB origin,such that title transfers to Customer when such Hardware is made available to Customer at Zonar’s premises.Without affecting the transfer of title,Zonar shall,as an additional Service includedin the Quoteas shipping charges,arrange for insuredshipment of such Hardwareto Customer via a commoncarrier of Zonar’s choosing, and will assist Customer with any claims against such a carrier for lost or damaged shipments.Unless Customer has purchased Hardware installationServices ?'om Zonar or its agents under,Customer shall be solely responsiblefor the proper installationof all such Hardware.Unless speci?cally noted otherwisein a Quotation,GPS units are subject to a $50 activation fee (which also applies to any reactivationa?er a rmit has been turned o?). 3.SERVICES.Subject to Customer’s timely payment of all applicable fees and expenses and compliance with all material tenns of this Agreement,Zonar and/or its agents shall provide the Services to Customer during the Service Term as de?ned below.The following servicesare includedwith each Service subscription:Service activation,24/7 access to the GTC web-based portal and associatedweb-based So?ware applications,email &phone support,Software upgrades made generally availableto Service Customers,daily account monitoring,and all associatedwirelessdata charges.Customer acknowledges that Zonar in its sole discretion may update and change the features and functionalityof the Services from time to time,with or without notice,so long as such changes do not materially diminish the value of the services based on a standard of commercialreasonableness .Access to different Zonar Offerings and Services is based on the selected Service Package.Not all Service Packages receive access to all Zonar Offerings.Service Packages are de?ned on the Quote,QuickQuote,or Sales Order,as applicable. 4.SERVICE TERM/TERIVIINATION:The Service Tenn shall be for a period of three (3)year(s)following commencement of Service billing.Service billing shall commence as follows:(a)For Hardware that is shipped to Customer by Zonar or its agents on or before the 15thday of a month,Service billing shall commence on the ?rst of the month -following Hardware shipment;(b)For Hardwarethat is shipped to Customer by Zonar or its agents after the 15th day of a month,Service billing shall commence on the first day of the second month following Hardware shipment.If,for any reason,the billing for Services is deferred beyond the above de?ned commencement date,the Service billing commencement date shall be the date of the ?rst invoice for Service that the Customer pays in full.The Term shall automaticallyrenew for additionalone-month periods,unless a Party provides written notice of its intentnot to renew at least thirty (30)days prior to the expiration of the then-current Term.Upon renewal of any Term,the fees and charges are subject to change provided Zonar provides 30 days’written notice by Zonar,and Customer will have 30 days alter receiving such notice to cancel.If Customer attempts to tenninate early,or fails to make any payment when due or otherwise violates any material term or conditionof this Agreement,Customer may be declared in default by Zona ruponwrittennoticeandfailuretocurefor15daysfollowingdeliveryofsuchnotice.Upon declaration of default,all outstandingamounts due under this Agreement during the entire Tenn,shallbecome immediatelydue and payable,and also including,without limitation,interest,and costs/expensesof collection.Zonar shall also have the right to terminate this Agreement and seek any other remedy pennitted under law.Upon termination of the Term,Customer shall immediately cease use of the So?ware,Services,Data (unless Customer has purchased continuing Data retention Services)and any Zonar Con?dential Information.If Zonar provided customer any No Cap Ex hardware (where Zonar gave hardware to Customer as part of the deal,with the expectation of Zonar receiving service fees for the Service Term),then in the event of any early tennination,Customer will be charged the then current list price for functionallyequivalent Zonar Hardware. 5.PAYMENT TERMS AND TAXES.Customer shall pay (in U.S dollars)all invoices issued under this Agreement by wire transfer to Zonar’s designated bank.by check,or by any other method acceptable to Zonar within 45 days ?om the date of Zonar’s invoice.Payments are not subject to set off or reduction.Any amounts not paid when due shall bear interest at the rate often percent (10%)per armum,compounded monthly,or the maximum legal rate if less,and Customer shall be responsible for all costs and expenses, including attomey’s fees,incurred by Zonar in connection with the collectionof any delinquentamounts.Zonar shall be entitled to withhold performanceand suspend the Services until all amounts due are paid in full.TAXES:All payments to Zonar exclude taxes unless speci?cally stated.The Customer is responsible for payment of all applicable taxes, (including sales tax,use tax,and property tax on leased or purchased Hardware,excepting taxes on Zonar’s incomeor Zonar’s employment taxes)however designated or incurred in connection with the transactionsunder this agreement,and agrees to reimburse Zonar for any taxes paid on their behalf. 6.SOFTWARE LICENSE/GRANT:All Software is licensed,not sold.Subject to Customer’s timely payment of all applicable fees and expenses,and compliance with all material terms of this Agreement and,if applicable,any 3"Party Terms,Zonar grants to Customer during the Term a limited,non-transferablelicense,without rights to sublicense, to access and use the So?ware solely in connection with Customer’s use of the Services and solely for Customer’s internal business purposes.Except for the limited license conveyed Customer under this Agreement,Zonar and its suppliers shall retain all right,title,and interest in and to all copyrights,trademarks,servicemarks,trade secrets,patents, patent applications,mask works,moral rights,contract rights,and all other proprietary rights embodiedin the Zonar Offerings and 3"‘Party Offerings,including,withoutlimitation, any improvements or derivatives of such offerings.Customer acknowledges that the Software is of United States origin,is provided subject to the U.S.Export Administration Regulations,may be subject to the export control laws of the applicable territory,and that diversioncontrary to applicable export control laws is prohibited.Customer represents that it will not permit the Software to be used for,any purposes prohibited by law.The Software and accompanying documentationare deemedto be “commercial computer software”and “commercial computer so?ware documentation”,respectively,pursuant to DFAR Section 227.7202 and FAR Section l2.212(b),as applicable.Any use, 18200 Cascade Ave.S.Seattle,WA 98188-4728 Toll Free 1.877.843.3847 |Phone 206.878.2459 |Fax 206.878.3082Page 134 of 197 ZQNAR modi?cation,reproduction,release,performing,displaying or disclosing of the So?ware and documentation by the U.S.Government shall be governed solely by the terms and conditions of this Agreement.Except as otherwiseexpressly provided in this Agreement,Customer shall have no right,title or interestin or to any intellectualproperty relating to the Zonar Offerings and/or 3"‘Party Offerings and shall not (a)modify or create derivative works from any Software,(b)merge or otherwise combine any Software with other software not expressly approved in writing by Zonar,or (c)copy,reproduce,modify,reverse engineer,decompile,disassemble,or otherwise attempt to derive the source code or algorithms of any Software.Customer will not violate or contest Zonar’s or its suppliers’proprietary rights related to any Zonar Offering and/or 3"Party Offering.Additiona ltermsmayapplyto3rdPartyOfferings,which shall be presented to Customer either prior to or at the time of delivery of such 3"‘Party Offerings.To the extent such So?ware or any services are part of a 3'“Party Offering,Customer acknowledgesuse of a 3"‘Party Offering requires acceptance of the 3"‘Party Terms,which are not controlled by Zonar. 7.LINKS TO THIRD PARTY TERMS FOR ZONAR TABLET APPS:IntentionallyDeleted. 8.TERMS OF USE/CUSTOMER OBLIGATIONS:Customer shall be solely responsible for obtaining and maintaining Internet access to Zonar’s web basedapplications through an Internet service provider and the hardware and software necessary to enable such a connection.Customer is responsible for ensuring that only authorized Customer personnel (noting that a competitorof Zonar can never be an authorized user)have access to Zonar’s web based services and for the security of Customer’s computer system and the connectionto Zonar’s systems.At all times during and alter the termination orexpiration of this Agreement,Customer and its employees and agents shall maintain the con?dentiality of trade secret information.Customer shall not disclose any such proprietary information concerning Zonar Products (Hardware and Software), including any ?ow charts,logic diagrams,user manuals and screens,to persons not an employee of Customer without Zonar’s prior written consent. 9.DATA RETENTION.Customer acknowledges:(1)that unless it purchases additional Data Retention services,Zonar will have the right to purge all Data as follows:Subject to purge after 3 months,6 months,or 12 months,as electedby Customer in the check boxes below.Ifno boxes are checked,Zonar will have the right to purge InspectionData a?er 3 months and GPS Data a?er 6 months.(2)Regulationsmay mandate speci?c Data Retention requirementsfor Inspection Data and/or GPS Data,and it is Customer’s sole responsibility to understand those requirements,and to export and archive its Data if the Data Retention period offered by Zonar is not sufficient.(3)Customer is solely responsible for printing data and inspection reports for vehicles involved in an accident.(4)UnlessZonar speci?cally agrees in writing otherwise,all Data other than Inspection/EVIRData (including but not limited to I/O Data,ZAlert Data,Z PASS card scan Data,Diagnostic Data,Fault Code Data,and Message Data),can be purged by Zonar accordingto the Retentionperiod selected for GPS Data.From time to time,Zonar may offer new types of Data services,and such new Data services may have different Data Retentionperiods, to be de?ned in a correspondingservice speci?cation for that offering.Ifno data retention period is de?ned,the retention period for GPS data will apply.(5)Zonar is not required to retain Data except as provided in this Section or in a separate written agreement.Unless other arrangements are made in writing with Zonar,all Data submitted using Zonar’s web based applicationsmay be purged as provided herein.(6)ZLOGS Data Retention is limited to 6 months,regardless of the check box selectionsmade below. Data Retention: CSA -EVIR Data Retention -,Rolling Period:El 3 Months I2 Months GTC -GPS &Other Data Retention -Rolling Period:El 6 Months [I I2 Months 10.INTELLECTUAL PROPERTY (IP):Zonar retains all right,title and interest and all related IP rights in and to the Zonar Olferings and Zonar’s Con?dentialInfomiation,including any enhancements,updates or other modi?cations,includingcustom modi?cations,thereto,whethermade by Zonar,Customeror any third party.Except as expressly set forth herein,no express or implied license or right of any kind is granted to Customer regarding the Zonar Olferings.Under no circumstances shall Customer sell or transfer any purchasedHardware or licensedSo?ware,reconstruct or repair such Hardwareor Software,or reverse engineer or otherwiseattempt to learn the trade secrets,know how or other IP embodied therein.Customer agrees that Zonar may collect data regarding Customer’s use of the Service and analyze,use and disclose such data in an aggregated fonnat (“Aggregated User Data")for Zonar’s business purposes;providedsuchAggregatedUser Data is not personallyidenti?ableor Customeridenti?able. 11.LIMITED HARDWARE WARRANTY FOR PURCHASED HARDWARE:Zonar warrants that the serializedHardwareelements of any Zonar Offerings deliveredby Zonar or its agents to Customerunder this Agreement shall befree from all material defects in workmanship under normal use and service.Zonar’s warranty period for such serializedHardware (V series GPS units,ZTrak GPS units,EVIR2010 handheld’s,Zonar brandedTablets,Z PASS readers)is as follows:V3 Series HD GPS Product Line -5 Years (V3,and V3R only;V3i,V2, V2],and earlierZonar GPS products have 1 year warranties);EVIR and all Other Serialized Hardware —1 Year.The warranty period nms from the date of shipment,and any replacement hardware provided under warranty will be coveredunder warranty for the remainderof the warranty term basedon the shipmentdate for the original equipment.Providedthat suchHardware is used and handled as intended and in accordancewith this Agreement,and that Customer providesZonar with notice within the applicable warranty coverage period,as Customer’ssole and exclusiveremedy,Zonar will replace any failedor functionallyimpairedHardware with equivalent Hardwarein terms of performanceand functionality.This warranty does not applyto any Hardware that has been misused,altered,willfully abused or that has been subject to water or other environmental damage or that has been damageddue to improperinstallationby Customer or its agents.Hardware installationsmust followZonar’s equipment-speci?cinstallationguidelinesto qualify for the foregoing warranty.If Hardware is determinedby Zonar to be damaged due to any of the aforementionedcauses,Customer will be charged the price of a refurbished unit plus shipping and handling.Return of any Hardwarerequiresa Return MaterialAuthorization (“RMA”)number.All RlVIA’smust be pre-authorizedby Zonar CustomerCare at:E-mail:Customercare@zonarsystems.com.Phone:l(877)-THE-EVIR.Ancillaryhardwaresuchas mounts, brackets,and cablesare excluded from the above warranty. I2.WARRANTY LIMITATIONS:THE LIMITED WARRANTIES SET FORTH ABOVE ARE APPLICABLE SOLELY TO THE ZONAR OFFERINGSAND ARE MADE PERSONALLY TO CUSTOMER IN LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED.CUSTOMER ACKNOWLEDGES THAT IT IS SOLELY RESPONSIBLE FOR ITS USE OF DATA AND ZONAR EXPRESSLY DISCLAIMS ANY WARRANTY AS TO THE ACCURACY,COMPLETENESS OR SUFFICIENCY OF SUCH DATA.EXCEPT FOR THE LIMITED WARRANTIES SET FORTH ABOVE,ZONAR MAKESNO WARRANTY THAT THE HARDWARE,SOFTWARE OR SERVICES WILL BE AVAILABLE,ACCESSIBLE,UNINTERRUPTED,TIMELY,SECURE,OR ERROR FREE;OR OTHERWISE MEET CUSTOMER’S EXPECTATIONS.ZONAR ALSO EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE,COURSE OF DEALING OR USAGE OF TRADE. 13.LIMITATION OF LIABILITY:EXCEPT‘WITH RESPECT TO EITHER PARTY’S OBLIGATIONS APPLICABLE TO CONFIDENTIALINFORMATION,CUSTOMER’SDELIBERATE MISUSE OR MISAPPROPRIATION OF ZONAR’S INTELLECTUAL PROPERTY RIGHTS,AND ANY INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT,IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY,OR TO ANY THIRD PARTY,FOR ANY CONSEQUENTIAL,INDIRECT,SPECIAL,INCIDENTAL OR EXEMPLARY DAMAGES,WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING,BUT NOT LIMITED TO,DAMAGES FOR LOSS OF DATA,GOODWILL,PROFITS,INVESTMENTS,USE OF MONEY OR USE OF FACILITIES;INTERRUPTION IN USE OR AVAILABILITY OF DATA;STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS),EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,ARISING OUT OF (i)THE PERFORMANCE OR NON-PERFORMANCEOF THIS AGREEMENT,USE OF THE ZONAR OFFERINGS,OR (ii)ANY CLAIM,CAUSE OF ACTION,BREACH OF CONTRACT OR ANY EXPRESS OR IMPLIED WARRANTY,UNDER T'I-IISAGREEMENT OR OTHERWISE, MISREPRESENTATION,NEGLIGENCE,STRICT LIABILITY,OR OTHER TORT.ZDNAR’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT,IN ANY EVENT, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT,TORT,STRICT LIABILITY,OR OTHERWISE,EXCEED Tl-IE FEES PAID BY CUSTOMER UNDER THIS SUBSCRIPTION AGREEMENT IN TI-IE PRIOR TWELVE (12)MONTHS,IF ANY.THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER ZONAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 14.CONTROLLING TERMS:All Zonar Offerings licensed or purchased by Customer?om Zonar during the tenn of this Agreement shall be subject to the terms and conditions of this Agreement.Tenns related to Order submission,delivery,pricing,or payment shall be established between Customer and Zonar or the authorizedreseller.Any tenns or conditions appearing on the face or reverse side of any Customer purchase order,acknowledgment,or confirmation that are different ?om or in addition to those required hereunder shall not be binding on the Parties,even if signed and returned,unless both Parties agree in a separate writing to be bound by such different or additional terms and conditions.See Exhibit A for terms related to leased or bundled hardware and service packages,where customer does not purchase hardware upfront. 15.OTHER LIMITATIONS:Zonar’s licensors and suppliers shall have no liability of any kind underthis Agreement and Customer shall not be a third party bene?ciary under agreements between Zonar and its licensors/suppliers.Customer acknowledges:(1)it is solely responsible for its use of Data,controlling its employees/authorizedusers access to the Software,Hardware and Services,reviewing inspection reports,and taking appropriate action with respect to vehicles for which inspection reports have been submittedusing the Services;(2)the accuracy of Data maybe dependent on the accuracy of infon-nation provided by individuals using Hardware or Software on Customer’s behalf;and (3) Customer is solely responsible for instructing such individuals in the proper use of equipment,execution of inspections and delivery of legally acceptable electronicsignaturesin compliance with US law regarding commercialvehicle inspection and repair records,if applicable.Zonar shall have no liability whatsoever with respect to Data,except in the case of gross negligence or intentional misconduct by Zonar or its employees.Zonar shall have no liability for any nonperfonnance/delaycaused by any event reasonably beyond its control,including,but not limited to labor disputes,natural disasters and other acts of God,and war. 16.HOLD HARMLESS AND INJUNCTIVE RELIEF:To the extent allowed by law,Customer shall hold Zonar harmless from and against any claim,cost,or expense (“collectively,Claims”)assertedor initiatedby a third party arising out of or relating to Customer’s use of the Data provided by the Service for employment decisions.For copying 18200 Cascade Ave.S.Seattle,WA 98188-4728 Toll Free 1.877.843.3847 |Phone 206.878.2459 |Fax 206.878.3082Page 135 of 197 ZQNAR or unauthorizeduse of the so?ware,or other violations of the terms of this agreement,Zonar may seek and obtain injunctive relief for such breaches or threatened breaches,in addition to,and not in limitation of other legal remedies. 17.CONFIDENTIALITY:To the extent allowed by law,each Party shall retain in confidence all information received ?'om the other Party that the disclosing Party identi?es as being proprietary and/or con?dential or that,by the nature of the circumstancessurrounding the disclosure,ought in good faith to be treated as such (“Con?dential Information”) ,except that Zonar may disclose Customer’s Con?dential Information (where such data is collected from a Customer vehicle/asset)to the manufacturer of Customer’s vehicle,the lessor or owner of the vehicle (where Customer has leased vehicle from a third party),any maintenance provider/companyidenti?ed by the Customer,and/or any third party the Customer instructs should have access to such data via Zonar’s API,for the purpose of providing Customer products or services including data analysis.In no'event shall either Party employ less than a reasonabledegree of care in protecting the Con?dential Information,which includes,but shall not be limited to:pricing,business plans,customer lists, operationaland technicaldata and product plans.Customer shall not share or provide access to Zonar’s web based software or device ?rmware with any competitor of Zonar.The receiving Party's obligations under this Section shall extend for two (2)years following the disclosure of the Con?dential Infonnation. 18.ELECTRONIC SIGNATURES FOR ZONAR’S EVIR SYSTEM.Customer acknowledges that implementinga federally compliant electronic inspection system require sadherencetostandardsforelectronicsignatures.It is Customer’s responsibility to understand and comply with those requirements.Zonar will provide recommendation for implementinga compliant electronicsignature program upon request. 19.WIRELESS DATA POLICIES.Customer understandsand agrees that (a)Customer has no contractualrelationshipwith a wirelesscarrier and is not a third-partybene?ciary of any agreement betweenZonar and a wirelesscarrier,nor does the underlying wirelesscarrier have any legal,equitable or other liability to Customer.(b)Subject to FCC Number portability rules,Customer has no property or other rights in any Number assigned to it and any such Number can be changed.(c)Zonar and/or wireless carrier shall not be responsible for interruption of service for any reason or the inabilityto use the service caused by Force Majeure.(d)The liability and obligation of Zonar to Customer for services may be controlledand limited by a wirelesscarrier’s tariff,if any,and the laws,rules and regulations of the FCC and other United States or foreign governmental authorities.(e) In no event shall Zonar and/or wireless carrierbe liable for the failure or incompatibility of any equipment utilizedby Customer (and not provided by Zonar). 20.MISCELLANEOUS:The failure of either Party to exercise in any respect any right provided for herein will not be deemeda waiver of any provision of this Agreement or of any subsequent breach of the same and no waiver of any provision of this Agreement will be effective unless made in writing.If any provision of this Agreement is found to be unenforceable or invalid,that provision will be limited or eliminatedto the minimum extent necessary so that this'Agreement will otherwise remain in full force and effect and enforceable.This Agreement shall be interpreted underthe laws of the State of California,and,in the event of any controversy or claim arising out of or relating to this Agreement or the breach or interpretation thereof,the Parties shall submit to the exclusive jurisdiction of and venue in the State of California.Facsimile or scanned signatures will be deemed originals._ 21.Z PASSTMSPECIFIC TERMS.Customer (or “District”)acknowledges and agrees to the following:(a)The District will manage the disbursementof Z PASS RFID cards to their students.(b)Other than studentname and RFID card number,the District will not upload any student personally identi?able information(P11),such as social security numbers,home addresses,parent names,or telephonenumbers,into Zonar’s Z PASS database.Such information is not required for the deployment or operation of Z PASS,and such information should reside in the District’s Student Infonnation System. 22.SCHOOL DISTRICT ACKNOWLEDGMENT &PERMISSION FOR STUDENT BUS RIDERSHIP TRACKING (Z PASS).IfCustomer is a public school district in the United States (“District”)and has'purchased the Z PASS Service,then District acknowledges and agrees to the_following:(a)District is subject to the Family Educational Rights and Privacy Act (FERPA)(20 U.S.C.§1232g;34 CFR Part 99),a federal law that protects the privacy of studenteducationrecords (“FERPA”);(b)District collects,uses, maintains,and discloses student educationrecords,including school bus usage and location data (“FERPA Data”)in accordancewith FERPA;(c)Districthas outsourcedcertain services/functions with regard to FERPA Data that would otherwisebe performed by District personnel to Zonar,including collecting FERPA Data regarding school bus usage data,school bus locationdata,and student ridership data,and disclosing that FERPA Data to a student’s parent or guardian upon request (collectively,the “Z PASS Service”),and (d)Zonar’s Privacy Policy is consistentwith the District’s own policies for protection of FERPA Data. Zonar Systems,Inc.(“Zonar”)acknowledges and agrees to the following:(a)Zonar is acting as a contractor to the District in performingthe Function,either directly,under the terms of a contract between the District and Zonar,or indirectly,through another District contractor suchas a schoolbus contractor;(b)Zonar’s maintenance,use,and disclosure of FERPA Data which it collects or has access to is performed in accordance with Zonar’s Privacy Policy.(c)Zonar uses reasonable methodsto ensure that only individualswith a legitimate educational interest (as to a particular student,such individuals include that student,that student’s parent/guardian,and the District (collectively,“Perrnitted Recipients”))have access to that student’s FERPAData in Zonar’s possession or control.(d)Zonar uses reasonable methods to ensure that no third parties,with the limited exceptionof third parties expressly authorizedby a student’s parent/guardian(each an “Authorized Third-Party Recipient”),have access to that student’s FERPA Data in Zonar’s possessionor control.District hereby grants Zonar express permission,in accordance with the above,to collect,access,use,and discloseto PermittedRecipients and Authorized Third-Party Recipients,the FERPA Data describedabove._ ' 23.ADDITIONAL DATA COSTS:Enabling any of the following Services on a Zonar provided tablet (or a tablet or device that consumes data using a Zonar controlled SIM)requires the purchase of a Monthly Data Plan:ZDOCS or other documentcapture application,Web browsing,and/or any 3rd party app that transmitsor consumes data.Monthly Data Plans.$5/vehicle per month for 100MB.$10/vehicle per month for 250MB.$15/vehicle per month for 500MB.$25/vehicle per month for 1GB.$45/vehicle per month for 2G.Overages to the selected Monthly Data Plan will be billed at $0.05 per MB.All data allowances,including overages,must be used in the billing period in which the allowance is provided.Unused data allowances will not roll over to subsequent billing periods. READ AND AGREED Zonar Version 130ctoberl2017 CUSTOMER Signature:Print Name:Title:Date: ZONAR Signature:Print NaJne:Michael C.Kin Title:General Counsel Date: 18200 Cascade Ave.S.Seattle,WA 981884728 Toll Free 1.877.843.3847 |Phone 206.878.2459 |Fax 206.878.3082Page 136 of 197 Page 137 of 197 FedEx Ground SALESPERSON SHIPPING TERMS DELIVERYDATE PAYMENTTERMS Date:November 21,2018 18200 Cascade Ave S Seattle WA,98188 Ditect:(206)501-3873 'Fax:(206)299-0390 Email:connor.green@zonarsystems.com To:City of Beaumont Transit 550 East 6th St Beaumont,CA,92223 951-769-8533 Connor Green Hardware (One-Time) QT UNIT PRICE LINETOTA 27.00 5 486.00 UNITPRICE LINETOTA 18 18 V4""GPSKit (includes all brackets and cables) 2010"“ElectronicInspection Device Kit 240.00 5 160.00 5 4,320.00 2,880.00 DESCRIPTION UNIT PRICE LINETOTAL 18 GSM Activation $25.00 S 450.00 1 Shipping and Handling -FedExGround S 50.24 S 50.24 1 Installation 5 6,000.00 5 6,000.00 AllZanar Services come with 24/7/365US Based Customer Support Hardware Total (One Time)$7,200.00 Service Total (Recurring Monthly)$486.00 Three Year Contract Required Implementation &Setup Fees (One Time)5 6,500.24 Early Termination Fees Will Apply T0t3|1 .9 14,135-24 Hardware Discount (One Time)5 (1,602.00) Total wl Discount:5 12,584.24 Terms &Conditions 1)The abave pricing is ?rmand willbe valid until the expiration date provided. Page 138 of 197 Page 139 of 197 ': Fiscal Impact: The contract will have a not to exceed cost of $43,793.00 and a contingency of $20,000 with a total not to exceed cost of $63,793.00.Funds will be paid out of the Project #2018-009 account for Seneca Springs Lift Station. Finance Director Review: Recommendation: 1.Award the Professional Services Agreement to Tetra Tech for Professional Services for the Seneca Springs Lift Station Improvements Project in the Amount Not to Exceed $43,793;and 2.Authorize City Manager approval for a Total Contingency Budget in the Amount Not to Exceed $20,000 City Manager Review- Attachments: A.Professional Services Agreement —Tetra Tech B.Seneca Springs Lift Station RFP Page 140 of 197 Page 141 of 197 Page 142 of 197 Page 143 of 197 nu 'I'PJfu"I u'I-I"ufuIl"u ‘I 'u'-u—I---.Iu'u- r|---j :—I—'-'—u——n_._ -'Ju'mus.I:1II1-u-I-—1-—I:u'J——u.-1" -11 '-‘I.-'---I-I-I--.I—r I'I'.—"I-'l'.Il"-I-I.‘ -.n.-—-.-..-.-.-. -'.'l-'I._I'—'.-I-.-.._..-...,._._ -.r.|--.|_.|_|_l::l.|_.|_|._|-._.|.|-\._—:.-.-._|_:I.‘...l.._.._l_..__ '1 -I.-I --r-I r-I.|..|_.|._-|.-.._-_.;.-..|-..-_.--|...a-.|__.._.|..._...._--.-..l_ mu.I-.-.I J.-.-|.r.-u.._|J.J.Ja_.|—.I..u.|.-._.- -I---'l—-I”:-'I I.-.l----Ii a—I-r.I.|.|.rI|.. ._|..a_-_-.-.I.|...-..;|-\.__._.._,-._-I- ''r-.-I *.'--.-r--I_-I.II|.-.|.-—'r_.-I -I---?r-r --l-I---I-rI.l'r'I—I-I—-I-l.J-Ir- u..|.I.u_.-__|a,_|_ --Ir.-|_|.-I-.a.1--I-.._.j--_..__-.__ |.-.I-.n.r|.|.|.rr --.-||--I.|.--r.-|uI-I.|_|:a I. -|....|._.|.J...-._--...|.:.a,_."....._._ -_-.|-.-.-|a._-.-.-|.I_J._|.n.-I.|-A..|.1.|....|- ur--I -:-I-r -I -I--aj-I —|-'--.|.r.|.-J ..|. -—-.|.-_|_J...-..-_q..:H --.-.-I-.|a|.r.--.:|_...|.._.__....:. ..|.-..-|_|.-|.°-_|.|:|..-..|.|..-|.._.__-.---..|... _|.-_u..._.|..,-.".|--__-.__ _|-|a.J..|||-.I J..._.-....|...__. "I I-“L -uI'u "I?-I--Ef-null ‘In’: ---I -——I--J.a-—-I-Ir-F"I---I-I.-I--|.lr|-| _I_u.|.J._|.a|.-_--|.-I -_||_|-|..-_.|.—. -'---|.-r-|l..-.-.|.I I-_-_J_I.|.I.|.-. I-.:|_.--I._-...--_.-.-_..._|,-._.'_......_.. J.r_I.r.1..-.I..-|.|._|..a.|.-||1l_--.-.-I.-n._--.._...|.j ..2...__.I._._ .-_|-_-.;_ '"Ir.-'--'I"'-"':"'l'l""I.'-'lI-'l'l' -I.--.-..-_|I.-'I'I.-‘I.-I-iI'I-I J.|.a|a—-_. 5.02 Except as otherwise agreed by the parties,CONTRACTOR will supply all personnel,materials and equipment required to perform the Services.CONTRACTOR shall provide its own of?ces,telephones,vehicles and computers and set its own work hours.CONTRACTOR will determine the method,details,and means of performing the Services under this Agreement. 5.03 CONTRACTOR shall keep CITY informed as to the progress of the Services by means of regular and frequent consultations.Additionally,when requested by CITY,CONTRACTOR shall prepare written status reports. 5.04 CONTRACTOR is responsible for paying,when due,all income and other taxes,fees and withholding,including withholding state and federal taxes,social security, unemployment and worker’s compensation,incurred as a result of the compensation paid under this Agreement.CONTRACTOR agrees to indemnify,defend and hold harmless CITY for any claims,costs,losses,fees,penalties,interest,-or damages suffered by CITY resulting from CONTRACTOR’s failure to comply with this provision. 5.05 In the event CONTRACTOR is required to prepare plans,drawings, speci?cations and/or estimates,the same shall be furnished in conformance with local, state and federal laws,rules and regulations. 5.06 CONTRACTOR represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein.In the event CITY is required to obtain an approval or permit from another governmental entity,CONTRACTOR shall provide all necessary supporting documents to be ?led with such entity. 5.07 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Veri?cation information from CONTRACTOR’s employees,in compliance with the Immigration Reform and Control Act of 1986,Pub.L.99-603 (8 U.S.C.1324a}, and shall ensure that CONTRACTOR’s employees are eligible to work in the United States. 5.08 In the event that CONTRACTOR employs,contracts with,or otherwise utilizes any CalPers retirees in completing any of the Services performed hereunder,such instances shall be disclosed in advance to the CITY and shall be subject to the CITY’s advance written approval. 5.09 Drug—free Workplace Certi?cation.By signing this Agreement,the CONTRACTOR hereby certi?es under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code,Section 8350 et seq.)and will provide a drug-free workplace. 5.10 CONTRACTOR shall comply with all applicable local,state and federal laws,rules,regulations,entitlements and/or permits applicable to,or governing the 3 Page 144 of 197 Page 145 of 197 Page 146 of 197 Page 147 of 197 Page 148 of 197 Page 149 of 197 Page 150 of 197 Page 151 of 197 Page 152 of 197 PROJECV MANAGER PROJECT TEAM CHART stations.We have included abbreviated resumes for each team member which highlights some relative projects.We would be happy to expand on our team members experience at the request of the City STRUCTURALPROJECTENGINEER CIVILIMECHANICALENGINEER GEOTECHNICALENGINEE Scope Thomas C.Benson,Jr.,PE,GE LEIGHTONCONSULTING EricYuen,PE,SE Adrian Lee,PE 1.Project Management.Manage and coordinate project including budget,schedule,subconsultants, invoicing,etc. 2.Geotechnicai Report —Using the RFP and as-built plans,our subconsuitant,Leighton Consulting,proposes forensic geotechnical subsurface exploration to support a geotechnical/structural design—fix intended to stabilize this lift station.The proposed work will include drilling borings at this lift station site,performing geotechnical laboratory testing and prepare a Geotechnicai-Distress SubsurfaceExploration report to design a fix for this lift station.The geotechnical-distress exploration scope is described in more detail as follows: Mobilization Preparation and Coordination:Leighton Consulting,Inc.will mark out proposed borings locations,coordinate access with City of Beaumont staff and notify Underground Service Alert (USA)at least 48—hoursprior to drilling,to locate and avoid known underground utilities and easements.We wil lalsoreviewourin-house reports for this area and any relevant published geologic reports/maps (USGS ,CGS,Riverside County,etc.).We will also request that the City provide all available geotechnical reports for this site,for our review. Private Utility Locator:As noted above,we will contact Underground Service Alert (USA)prior to beginning fieldwork so that registered public utilities in the area of our proposed borings will be marked. However,due to the close proximity of existing buried sewer and other pipes (and other substructures), we will also subcontract a private utility locator to help reduce risk of damaging underground utilities during subsurface exploration.Our primary goal is to "do no harm." Exploratory Borings:Leighton will drill,log and sample two large-diameter borings within accessible asphalt pavement (not concrete)areas ofthis lift station site.Our borings will be drilled to a maximum 50 feet below existing ground surface or practical auger refusal on dense/coarsealluvium.Leighton Consulting,lnc.'s field staff will log borings from the surface and downhole (ifthe subsurface conditions TETRA TECH Page 153 of 197 Page 154 of 197 R»mu5. 3;. 5... Sun S. ..E\..12. 83E3OouSnBS3%mom3}mama«S:3 33 $3 mSN:En u2:.:n_ Page 155 of 197 .:\. Page 156 of 197 Page 157 of 197 Page 158 of 197 H.”/.TETRATECH Man Hong (Eric)Yuen,PE,SE Structural Project Manager design report,preliminary and ?nal design plans and speci?cations,construction cost estimate,bidding services and construction administration services. Plant 224 Reservoirs and Pump Station,Suburban Water System,City of Whittier,CA.Design Engineer for the new construction of two separate above ground concrete rectangular reservoirs and the replacement of an existing Pump Station to accommodate the City’s need for increased water storage capacity.Mr.Yuen was involved in the comprehensive design of both reservoirs with water storage capacities of 4.69 MG and 2.37 MG,respectively during the design phase.Additional tasksincluded reviewing shop drawings,responding to RFIs,and performing structural observation during the on-going construction phase of this project. Export Sludge Design-Build Project,South Orange County Water Authority (SOCWA),Laguna Niguel,CA. Structural Design Engineer.Assisted with the design and provided the construction support for this design-build project. This project consisted of three main structures:the sludge equalization tank,the pump station,and the electrical building. The sludge equalization tank is a 40-foot diameter,26-foot deep,conventionally reinforced cylindrical tank whose design conforms to AC1 350.The pump station is an open concrete enclosure,surrounded on three sides by 4-foot high concrete walls.The electrical building is a masonry building with a steel framed roof. Brackish Groundwater Desalination Reverse Osmosis Water Treatment Plant,San Antonio Water System (SAWS), TX.Design Engineer.Assisted with the structural design,plans,and speci?cations for post treatment structures of SAWS’ brackish groundwater treatment plant.The structures designed by Tetra Tech as part of this project include a cast-in-place reinforced concrete chlorine contact tank,chemical storage building and electrical room with masonry walls and steel framed roof,?nished water pump station,calcite contactors foundation and structural steel access platforms,steel ?ush tank foundation,and carbon dioxide storage tank foundations.Foundation design of all structures incorporated geotechnical recommendations to mitigate the effects of expansive native clayey soils. Rancho Del Rey Wellhead Treatment Facility,Otay Water District,Chula Vista,CA.Structural Design Engineer for the design of a 5,100-square foot masonry building,with a steel truss ?amed roof,which houses a well head,R0 treatment facility,disinfection equipment,conventionally reinforced concrete clearwell pump station,control room,office and storage area.The design of the building balances the ?mctional water production requirements with the aesthetic,architectural design of the exterior of the building,which was critical for compliance with local planning agency requirements. Design-Build of Wells 21 and 22 Desalter,Irvine Water District,Irvine,CA.Structural Design Engineer.This project was a membrane water treatment plant that consisted of a buried rectangular concrete wet well,a concrete tilt-up process building and numerous concrete mat foundations.Pascal &Ludwig was our Design-Build Partner and prime contractor on the project. Michelson Water Reclamation Plant,Phase II Improvements,Irvine Ranch Water District,Irvine,CA.Design Engineer for the structural design and detailing of the expanded Primary Sedimentation Tank (PST).Assisted on reviewing shop drawings,responding to RFI and providing structural observations during the construction phase.Tetra Tech,in collaboration with HDR,designed the expansion of Michelson Water Reclamation Plant from a nominal existing ?ow of 12 mgd to a peak ?ow of 33 mgd.The expansion of the plant facilities included intercepting the existing sewers pipes,new headworks,expanded Primary Sedimentation Tank (PST),new primary ef?uent pump station,new aeration blower, membrane bio-reactor (MBR),high rate clari?er (HRC),ultra violet (UV)disinfection,expanded ef?uent pump station and various chemicals. 13th Street Underground Reservoir Structural Retro?t,City of Ontario,CA.Structural Design Engineer.The primary objective of this project was to reduce the potential damages to the reservoirs in the aftermath of an earthquake that may jeopardize public safety both within the local Upland neighborhood or the Ontario community they serve miles away. In 2008,the City of Ontario had a Reservoir Seismic Vulnerability Evaluation Report (Seismic Report)performed by Tetra Tech on all of its reservoirs to determine their ability to resist current seismic code loads.The Structural Evaluation of the Report evaluated each of the seismic force resisting components of each of the reservoirs and provided seismic retro?t recommendations for those found to be de?cient.The retro?t recommendations for the 13th Street Reservoir is a cast-in- place reinforced concrete overlay which is added to the walls,roof,and ?oor of each reservoir. The Preliminary Engineering Design Phase included the necessary engineering services that con?rmed the ?ndings and recommendations of the 2008 Seismic Report (or recommend another less time consuming,cost-effective alternative)and resulted in the production of a Preliminary Design Report (PDR)and preliminary design drawings that were used as a basis for the Final Design and ultimately the Final Construction Documents. Yuen,Page 2 Page 159 of 197 Page 160 of 197 Page 161 of 197 Page 162 of 197 Page 163 of 197 Page 164 of 197 IEIIMINT Page 165 of 197 5390:9011: stun Page 166 of 197 Figure 3 Page 167 of 197 Page 168 of 197 Page 169 of 197 J1 Pro'ect Task Pro'ect Cost CCO Description Reason for Change Federal Other Funds Total No.Funds The following is a revised comprehensive breakdown in project costs: Phase 1 /1A Design and Project Mana ement Ri ht ofWa Ac uisition ASM Ri ht ofWa Ac uisition Hall Offsite Habitat Restoration (Environmental Miti ation Phasel Utili Utili The Contract Change Orders to date are summarized below- Relocation SCE Relocation Frontier Bid and Construction Support [Mark Thomas Construction Mana ement Falcon Pro'ect Mana ement Transtech Construction Ortiz Construction Contingency [Available if Needed COZEEP CHP TOTAL Encroachment Permit Dispute Resolution Board (DRB) Agreement Maintain Traffic Maintain Electrical Potrero Widening to Ultimate Modify AC Specifications Not identi?ed in Plans Mandatory agreement for federal contracts over $10 Million. Costs shared by the Ci and Contractor. Furnishing and installing additional traffic control devices to maintain safe ,. Keep and maintain temporary electrical system and replace previously damaged 5 stems. Safety,erosion and to tie into new develo ment. Modify specification to more readily available mix to avoid ro'ect dela s. $623,000.00 $873,795.00 $24,990.00 $890,400.00 $400,000.00 $38,895.00 $400,000.00 $1,800,000.00 $100,000.00 $13,981,453.50 $4,275,822.56 $50,000.00 $2 3,458,3 56.06 $65,010.00 $15,878.00 $44,105.00 $17,642.00 $844,250.40 $0.00 $8,690.00 $2,122.00 $5,895.00 $2,358.00 $112,949.60 $0.00 $73,700.00 $18,000.00 $50,000.00 $20,000.00 $957,200.00 $0.00 Page 170 of 197 Page 171 of 197 Page 172 of 197 Page 173 of 197 QQ PP -QQQ J’ Encroachment Permit $97,655.00UnionPacificRailroad(UPRR Brine Line Encroachment San Bernardino Flood Control Permit .$6,000.00 Ci of Redlands Plan Check Fees $2,500.00 Ci of Loma Linda Plan Check Fee for Brine Line $13,000.00 Brine Line Encroachment SAWPA Permit De osit $5,000.00 CEQAEnvironmental Filing Coun of San Bernardino Fee $50.00 Riverside County —Paid by Permit for Brine Line — Weka Su lemental Ins ection Fee $45,460.00 California Department of Fish & Wildlife 1602 Permit $5,145.75 State Water Resources Control Board 401 WQC $1,500.00 U.S.Army Corps of Engineers 404 Permit $100_00 Total $179,093.25 The upcoming permit costs for the Brine Pipeline Installation Project are listed below.Staff has provided estimated costs for the permits as the amounts are being finalized. Estimated A enc Descri tion Amount Various monitorin re uired b EIR Paid hourl $250,000 Ci of Redlands Encroachment Permit <$100,000 Ci of Loma Linda Encroachment Permit <$100,000 Ci of San Bernardino Encroachment Permit TBD Caltrans Encroachment Permit TBD San Bernardino Flood Control Encroachment Permit TBD The project accounting for the Brine Line Project is as follows: Brine Line Bud et Amount Actual Remainin Desi n $2,082,357.37 $1,693,513.57 $388,843.80 Construction Mana ement $3,436,471.38 $93,450.47 $3,343,020.91 Permit $508,240.25 $133,633.25 $374,607.00 Construction $31,884,226.35 $247,800.00 $31,636,426.35 Contin enc $2,600,000.00 $0.00 $2,600,000.00 Total $40,511,295.35 $2,168,397.29 $38,342,898.06 Page 174 of 197 Page 175 of 197 I.-_..|.-II |_ --I-lr|..l'I'I-I.b-‘fl-" Attachment A Schedule —WWTP Page 176 of 197 mu_.::..2EmaEemwn_ma:E_ ::_::_i.B..,.‘.:,:n\is‘ IPage 177 of 197 Page 178 of 197 Page 179 of 197 Page 180 of 197 ,‘n11.. muzwU>< mmx:u_zmwummiosn_:.m<m::o= ._...m.:.:n.>wHam: _.o8_mmm_..n<om.n.m_m:.Em.n«mnm_<m E6 socwm2mean.:m_.mmm3m=.nu_.m<m::o: "Siam 2...macnmzoz<<_»:_:Em =3.m_x 3o2n_..m cm35.5 om._nmmanm<mJ.E6 <mm_.m :.m_dm..nm_.2 3m mmm=n<u.d<Emmm:<Gumoq noaumsmmzos.mm_m2.ow...%2a .8 28mm o3nwm_m.._.Em§_:_:m <3:ammo:o_..=n.m_m2a man:92 8 _%.:_..<._2m<m:»Ea qmmcoza8 <<o:€_mnmrmqmmmams?n=mn13_:m:o:man _.mE=m¢o:.._.Em?mmazm5::E5:?mmaam _.mn:=m3m:n1o«>mEmtamhomw. macn 58 P3. 9.93.:$9.3 B,is 93..3.36:32% 3 twmmmi§Sm E:28 3:3 8 38..<m Sm nm:.,S.8Q.o:o3:§u§8 O»3.8 2.3.32:3 _\s.§:5 33.33 wow32: mo<m33m:¢. 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Page 185 of 197 Page 186 of 197 Page 187 of 197 nub TI IvT"r City of Beaumont Finance and Audit Committee Municipa Co esection 2.35.050-Terms a etwo 2 years a opte Septem er 2015 .Term expiration ates were esta is e at Council Meeting ofAug 1,2017 Quali?cations:Beaumont resident or Beaumont business owner and 18 years of age Meets:First Monday of each month City of Beaumont Planning Commission Municipal Code Section 2.24.040 -Term shall be four (4)years Qualifications:Beaumont resident,18 years of age and a registered voter Meets:Second Tuesday ofeach month City of Beaumont Economic Development Committee Term expiration dates were established at CouncilMeeting August 1,2017 Quali?cations:Local developer/economic representative,business community members,BUSD education representative,non- business community member or a industry expert Meets:Second Wednesday ofeach month excluding August Appointee Paul St.Martin Nathan Smith vacant Jose Barr Bob Tinker Appointee Melana Taylor Nancy Carroll Rey Santos Sharon Geiser Steve Cooley Joann Roberts Richard Bennecke Stephen Martino Ana Olvera vacant Andrew Forster Appointee Mike Lara Julio Martinez Bernie Balland Bertha Barraza Beaumont Chamber Jennifer Higgins Title Commissioner Commissioner Commissioner Commissioner Commissioner Title CM or Highest Ranking FinancialStaff Member City Council Member City Council Member City Treasurer Resident Member Resident Member Resident Member Resident Member Resident/BusinessOwner Member Alternate Member Alternate Member Title City Council Member City Council Member Community Member/Non Business Member Post Secondary Education Representative Beaumont Chamber Representative Beaumont Business Community Member Date of Date of Re- Appointment Appointment January 6,2015 December 21,2010 January 6,2015 March 2018 07/18/2017 Date of Re- Appointment Date of Appointment n/a January 2018 January 2018 February 2017 June 2017 June 2017 November 2016 November 2017 January 2018 January 2018 Date of Re- Appointment Date of Appointment January 2018 January 2018 April 2016 Apr"2016 January 2018 November 9,2016 April 2016 Current Term Expires December 2018 December 2018 December 2020 December 2020 December 2020 Current Term Expires n/a January 2020 January 2020 n/a January 2019 January 2019 January 2019 January 2020 January 2020 Current Term Expires January 2019 January 2019 January 2019 January 2020 January 2020 January 2019 Page 188 of 197 Page 189 of 197 Page 190 of 197 Page 191 of 197 P K M§ .r7i,‘a,':"1..e..!W2Tr:'.é7(§V l0‘50J2.§5 48 Page 192 of 197 Q: Total:$5.82 Thu,Sep 13,2018 Thu 9/13/2018 10:55 AM Uber Receipts <uber.us@uber.com> Page 193 of 197 7.42 Wed 9/12/2018 8:08 PM Uber Receipts <uber:us@uber.com> Page 194 of 197 ta Thu 9/13/2018 5:43 PM Uber Receipts <uber.us@uber.com > Page 195 of 197 65:: onePM sep14*o1s Page 196 of 197 S=E?P To:City Council From:John O.Pinkney,City Attorney Date:November 27,2018 Re:Status of Pending Litigation Against City of Beaumont ATTORNEYS .The Hupp Cases:Aristea Hupp v.Solera Oak Valley Green Association et al., Case No.RIC 1512779 Consolidated with Case No.RIC 1515215 (Pre-Trial) .Urban Logic v.City of Beaumont et al.,Case No.RIC1707201 (Pre-Trial) .A.C.Equipment v.City of Beaumont,et al.,Case No.RIC 1714429 (Pleading Stage) .Elijah Scott Talley et al.v.City of Beaumont et al.,Case No.RIC 1810937 (Pleading Stage) .Elizabeth Serrato v.City of Beaumont,Case No.RIC1820593 (Pleading Stage) .Santa Cruz v.City of Beaumont et al.,Case No.2:18—CV-08427 (Pleading Stage) Pendin Liti ation A ainst the Cit does not include Iiti ation initiated b the Cit Page 197 of 197