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2013 06 05
NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, JUNE 5, 2013 AT 5:30 p.m. at City Hall — 3rd Floor Conference Room 307, 14403 East Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: May 30, 2013 Manuel Lozano Mayor AFFIDAVIT OF POSTING I, Alejandra Avila, City Clerk of the City of Baldwin Park, certify that I caused the aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to follow) to each Member and e -mail to the San Gabriel Valley Tribune, and that I posted said notice as required by law on May 30, 2013. Alejandra Avila City Clerk CITY COUNCIL SPECIAL MEETING Please note time and meeting June 5, 2013 location 5.30 p.m. CITY HALL - 3rd Floor, Conference Room 307 14403 EASTPA CIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 Manuel Lozano Monica Garcia Marlen Garcia Ricardo Pacheco Susan Rubio - Mayor - Mayor Pro Tern - Councilmember Councilmember - Councilmember PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda, agenda on any matter posted on the agenda or para hablar sobre cualquier asunto publicado en la on any other matter within its jurisdiction. If you agenda o cualquier tema que este bajo su jurisdiccion. wish to address the City Council or any of its Si usted desea la oportunidad de dirigirse al Concilio o Agencies, you may do so during the PUBLIC alguna de sus Agencias, pods hacerlo durante el COMMUNICATIONS period noted on the periodo de Comentarios del Publico (Public agenda. Each person is allowed three (3) Communications) anunciado en la agenda. A cada minutes speaking time. A Spanish - speaking persona se le permite hablar por tres (3) minutos. Hay interpreter is available for your convenience. un interprete para su conveniencia. CITY COUNCIL SPECIAL MEETING — 5:30 P.M. CALL TO ORDER ROLL CALL: Council Members: Marlen Garcia, Ricardo Pacheco, Susan Rubio, Mayor Pro Tern Monica Garcia and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: I) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a 'future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] STUDY SESSION / OPEN SESSION 1. Presentation by ROEM DEVELOPMENT CORP regarding a proposed Civic Center mixed use project RECESS TO CLOSED SESSION 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8) Properties: 8554 -001 -900, 14403 E. Pacific Avenue; 8554- 001 -901, 14426 Ramona Blvd; 8554 - 001 -904, N /A; 8554- 001 -907, N /A; Commission Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: ROEM Development Corporation Under Negotiation: Price and terms of payment 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8) Property: 14173 Garvey Avenue, Baldwin Park, CA 91706 Agency Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: Ray Baker, The Lamar Companies Under Negotiation: Price and terms of payment 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8) Property: 13940 Live Oak Avenue, Baldwin Park, CA 91706 Agency Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: Doug Corcoran, Waste Management Under Negotiation: Price and terms of payment 5. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and the Baldwin Park Police Officer's Association; Un-represented employees; and part- time employees. 6. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (GC §54956.9 (d)(1) Adams et. al. v. City of Baldwin Park et. al., USDC Case No.: CV12-00512 GAF(AJWx) BPPOA v. City of Baldwin Park et al., USDC Case No: CV1 3-01534 DMG (VBKx) BPPOA v. City of Baldwin Park, LASC Case No: BS140802 RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION 1, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting on May 30, 2013. Alejandra Avila City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 813 -5204 ore -mail rcaballero@baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) r r � AM14:111111101 ffis JUNE 5, 2013 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 - 4011 L IN ' w p. R K Manuel Lozano - Mayor Monica Garcia - Mayor Pro Tem Marlen Garcia - Council Member Ricardo Pacheco - Council Member Susan Rubio - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Pdblico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. CITY COUNCIL REGULAR MEETING — 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Council Members: Marlen Garcia, Ricardo Pacheco, Susan Rubio, Mayor Pro Tern Monica Garcia and Mayor Manuel Lozano ANNOUNCEMENTS This is to announce, as required by Government Code section 54954.3, members of the City Council are also members of the Board of Directors of the Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Recognition to Luis Arias and Rosie Perez for being named 2013 Saint John the Baptist Spring Festival King and Queen. PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA Si REQUIERE LOS SERVICIOS DEL iNTERPRETE No se podra tome acci6n en a1gun asunto a menos que sea incluido en la agenda, o a menos que exista alg6na emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobiemo §54954.2] City Council Agenda — June 5, 2013 Page 2 CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. RENEWAL OF AGREEMENT WITH ALL CITY MANAGEMENT SERVICES FOR PROVIDING SCHOOL CROSSING GUARD SERVICES FOR FISCAL YEAR 2013/2014 Staff recommends City Council: 1. Approve the FY 2013/2014 contract with All City Management Services for crossing guard services. 2. Authorize the Mayor to execute the agreement to continue services with All City Management Services. Staff recommends City Council reject the claims of Gary Powers and Erminio Gonzalez and direct staff to send the appropriate notice of rejection to claimants. 3. ADOPTION OF RESOLUTION 2013 -014, A RESOLUTION CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE CALIFORNIA HERO PROGRAM Staff recommends that the City Council waive further reading, read by title only, and adopt the attached Resolution No. 2013 -014 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE CALIFORNIA HERO PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES, ENERGY AND WATER EFFICIENCY IMPROVEMENTS, AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND APPROVING AN AMENDEMENT TO A CERTAIN JOINT POWERS AGREEMENT RELATED THERETO ", authorizing the City's participation in the California HERO Program, which will enable property owners to finance permanently fixed renewable energy, energy and water efficiency improvements and electric vehicle charging infrastructure on their properties. 4. AUTHORIZE AN ENVIRONMENTAL CONSULTANT SERVICES AGREEMENT It is recommended that the City Council authorize a Consultant Services Agreement with John L. Hunter and Associates, Inc. (JLHA) in the amount of $69,865 per year for three years and authorize the Mayor to execute the attached agreement. 5. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands. 6. GENERAL MUNICIPAL ELECTION RESOLUTIONS Staff recommends City Council 1) waive further reading, read by title only and adopt Resolution No. 2013 -015 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE City Council Agenda — June 5, 2013 Page 3 PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES "; 2) waive further reading, read by title only and adopt Resolution No. 2013 -016 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2013, WITH THE LOS ANGELES COUNTY'S UNIFORM DISTRICT ELECTION (UDEL - SCHOOL ELECTION) TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE." 7. AMENDMENT TO SECTIONS 39.01, 39.02 AND 39.03 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO DECORUM AT CITY COUNCIL MEETINGS The City Attorney's Office recommends the City Council introduce by first reading by title only Ordinance No. 1358, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 39.01, 39.02 AND 39.03 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO DECORUM AT CITY COUNCIL MEETINGS." 8. TRANSIT SERVICES AGREEMENT WITH SOUTHLAND TRANSIT, INC. It is recommended that City Council authorize the Transit Services Agreement with Southland Transit, Inc. 9. AUTHORIZE THE INSTALLATION OF SIX ADDITIONAL ELECTRIC VEHICLE CHARGING STATIONS AT THE CITY OF BALDWIN PARK TRANSIT CENTER PROJECT Staff recommends that the City Council: Authorize PCL Construction Services Inc. to install six additional electric vehicle charging stations for a cost of $25,350. 10. AWARD A CONTRACT FOR THE CONSTRUCTION OF SIDEWALK IMPROVEMENTS TO MORA'S EQUIPMENT AND CONSTRUCTION, INC. IN THE AMOUNT OF $30,475 Staff recommends that the City Council: 1. Award a Construction Contract to Mora's Equipment & Construction, Inc. in an amount not to exceed $30, 475; and 2. Authorize the Mayor to execute the attached agreement. 11. RESOLUTION 2013 -011 APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2013 -2014, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution 2013 -011 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2013 -2014, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING." City Council Agenda — June 5, 2013 Page 4 12. RESOLUTION 2013 -012 APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2013 -2014, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution 2013 -012 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2013 -2014, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING." 13. AUTHORIZATION TO THREE YEARS CONTRACT FOR INTERNET SERVICE Staff recommends Council to authorize Chief Executive Officer to sign a 3 year contract with Verizon business to upgrade our current Internet service to 20M IDE. 14. APPROVAL OF EMPLOYMENT AGREEMENT WITH MR. CRAIG GRAVES, INTERIM FINANCE DIRECTOR It is recommended that the City Council approve the employment agreement with Craig Graves, for services as Interim Finance Director, and authorize its execution by the Mayor. REPORTS OF OFFICERS 15. CONSIDERATION OF APPOINTMENTS AND /OR REAPPOINTMENTS TO FILL VACANCIES FOR THE HOUSING COMMISSION Staff recommends City Council to review all Commission applications, take nominations and adopt Resolution No. 2013 -013 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING INDIVIDUALS TO THE HOUSING COMMISSION OF THE CITY OF BALDWIN PARK TO OFFICE NOS. 1, 2, 3, 4, 5, & 6," subject to satisfactory backgrounds checks through the Department of Justice, as follows: Office No Narne ` Ex Iretion of Terms 1 June 30, 2014 2 3 June 30, 2015 4 5 Tenant - 6 June 30, 2016 Tenant 7 (62 +) PENDING APPLICATIONS City Council Agenda — June 5, 2013 Page 5 CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Councilmember Ricardo Pacheco for discussion & direction to staff on the following: Send a letter to our Senators urging them to Pass Bipartisan Comprehensive Immigration Reform Proposal. (Action Alert attached) ADJOURNMENT CERTIFICATION I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 30th day of May 2013. Alejandra Avila City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 813 -5204 or via e -mail at rcaballero @baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda — June 5, 2013 Page 6 LEMM ACTION ALERT ACT NOW: URGE SENATORS TO PASS BIPARTISAN Efforts to reform our broken immigration system are proceeding in Congress, where on May 21 st, members of the Senate Judiciary Committee approved the Border Security, Economic Opportunity, and Immigration Modernization Act (Bill No. S. 744) for consideration by the full Senate. Meanwhile, in the House of Representatives, the dialogue on immigration reform is proceeding on at least two tracks. First, a bipartisan working group recently announced they are on the cusp of an agreement on a comprehensive immigration reform proposal. In addition, the Chairman of the House Judiciary Committee, Representative Bob Goodlatte (R -VA), has also begun to hold hearings on a series of separate bills that concern discrete aspects of comprehensive immigration reform. This "piecemeal approach" is thought to be intended to provide individual members of the House the political flexibility to support or oppose different components of immigration reform. The Senate Committee review process preserved bipartisan immigration reform legislation: The Senate Judiciary Committee's review process produced a number of positive amendments to S. 744, and also saw the rejection of proposals that would have had a profound negative impact, including those that would have eliminated the path to citizenship and federal funding for integration programs and legal assistance provided by community -based organizations, cities, and states. Among the changes adopted by Senators were provisions to create safeguards for children whose parents are affected by immigration enforcement actions, and to extend eligibility for federal student aid to 2 DREAMers and some agricultural workers. The Senate also adopted an amendment which will make permanent the EB -5 Regional Center program, through which localities can attract immigrants who invest in their area or preserve employment opportunities. In sum, the Committee amendment process left the central provisions of S. 744 intact. Senate floor debate on S. 744 will begin after Senators return from a Memorial Day break, most likely during the first or second week of June. Senate leaders hope to vote on and pass the bill before the July 4th holiday. Now is the time to make your voice heard: As a Latino elected official or civic leader, your engagement is invaluable in the Senate's deliberation process. A unique opportunity is coming up for you to take action when Senators return home from Friday, May 24th through Sunday, June 2nd. We urge you to call on your federal representatives to vote in favor of S. 744 upon return to Washington. Your leadership can make a momentous difference. Please reach out to your Senators by: • Requesting a meeting in your state, or • Calling their district offices to share your support for comprehensive immigration reform. You can find contact information for Senators' district offices on their websites, links to which are compiled on the Senate's website. Talking points for use in communicating with these offices are here. We particularly urge you to mention your support of the provisions of the legislation which reduce barriers to naturalization and promote the civic integration of newcomers. Information and resources about those provisions and other components of the bill are here. In addition, use your social media networks to support immigration reform by sharing the graphics you'll find here and here on Facebook and Twitter. You can also send a message about immigration reform to your Senator using the sample tweets below. Don't forget to include your Senators' Twitter handles. M Support the Senate compromise to responsibly and fairly fix our broken immigration system. It's time for #CIR! @[Senator'sHandle] #naleocir The clock is ticking. Support the Senate compromise and make immigration reform a reality in 2013! @[Senator'sHandle] #naleocir 91 Join us in Washington, DC on June 10-11 for our Comprehensive Immigration Reform Advocacy Day! On June 10-11.vve will ba conducting an Advocacy Day program in Washington, DCho promote comprehensive immigration reform at a time when we believe the Senate will be actively engaged in the floor debate onS.744. The Advocacy Day program starts ot3:OO pnnon Monday, June 10' with a briefing, reception and dinner. On Tuesday, June 11.vve are scheduling visits with Members of Congress, which will conclude by 3:00 pm, We can cover the costs of airfare to Washington, DC through Southwest Airline vouchers. For more |nfVnnaUVn about our Advocacy Day progrann, please contact Doris Parfaite-Claude, our Washington, DC Legislative Assistant, a', 1,202) 546-2536 or If you have other questions or would like more information about this Action Alert or our policy advocacy activities, please contact MaX8eViUio' Director Vf Policy and Legislative follow on Twitter I I forward to a friend Copy�J 2D130ALEOBYucotiona/Fumt All ���a��e�e� TheNAi�EO Fund �e the leading nonprofil orgam7.aion' tAmt f3dUtateafuULoUnopar§cpoUon}n the Anenoanpu{0mA pnooess.hom bopub|ioeemice Our mailing address is: NALEQEduoahmma|Fund 1122' W, VVoohingon Bbd, Thind F/oor Los Angeles, CA � up TO: Honorable Mayor and City Council M ers FROM: Lili Hadsell, Chief of Police 2 DATE: June 5, 2013 SUBJECT: R1ENEVV1A L OF AGREEMENT WITH ALL CITY MANAGEMENT SERVICES FOR PROVIDING SCHOOL CROSSING GUARD SERVICES FOR FISCAL YEAR 2013/2014 This report seeks City Council approval for the police department to continue a contractual agreement, with the listed amendment, with All City Management Services (ACMS). The agreement is for the continued administration of school crossing guard services. BACKGROUND The City of Baldwin Park has been receiving crossing guard services through All City Management Services since FY 2005 -2006, pursuant to an original agreement between the parties and amendments thereto. The current amended contract expires on June 30, 2013. All City Management Services has maintained a high level of service based on staff interaction with school district staff, parents, the crossing guard supervisor, and crossing guards. Staff has also observed crossing guards on duty. The amendment to the agreement is an increase of hourly wage from $13.17 per hour to $13.63 for guard service provided for the fifteen (15) locations, as determined by the Police Department. There has not been an increase in the agreement since FY 2009/2010. The cost of providing this service is not to exceed $147,204.00 for the term of the agreement. This agreement will expire on June 30, 2014. Even though the hourly wage amount increased, the overall yearly agreement amount decreased due to the reduction of crossing guard sites. This amount marks a $40,208.48 reduction to the agreement since FY 2011/12. For reference, the last three fiscal year crossing guard service amounts are listed below: 2010/11- $181,734.30 2011 -12- $187,412.48 2012 -13- end of Fiscal year estimate - $148,070) The amount of crossing guard sites was reduced from 20 to 15 during FY 2012/2013. In Alt City Management Crossing Guard Contract June 5, 2013 Page 2 of 2 September 2012 there was a reduction of four locations and in November 2012 there was an additional reduction of one site. All of these locations are controlled by traffic devices. The city attorney has approved this contract as to form. FISCAL IMPACT Funding for this agreement will be included in the FY 2013/2014 budget. This line item is in Cost Center 100.30.350.51100.13200.2. Staff recommends City Council: 1. Approve the FY 2013/2014 contract with All City Management Services for crossing guard services. 2. Authorize the Mayor to execute the agreement to continue contract services with All City Management Services. ATTACHMENT • Amendment to agreement with All City Management Services for crossing guard services (two copies). Amendment to Agreement between All City Management Services, Inc. and the City of Baldwin Park for providing School Crossing Guard Services The City of Baldwin Park hereinafter referred to as the "City ", and All City Management Services, Inc., located at 10440 Pioneer Blvd. Suite 5, Santa Fe Springs, CA 90670, hereinafter referred to as the "Contractor ", mutually again agree to amend, as follows, the existing Agreement entered into on September 21,2005, which has been amended each year since that date and is hereinafter referred to as the "Amended Agreement ": PMM #1 The City and the Contractor agree to extend the term of the Amended Agreement for the 2013 - 2014 fiscal year beginning July 1, 2013 thru June 30, 2014. Item #16 The City agrees to pay the Contractor for services satisfactorily rendered pursuant to the Amended Agreement the sum of Thirteen Dollars and Sixty -Three Cents, ($13.63) per hour for guard service provided for the term of the Amended Agreement described in item #1, above. It is understood the cost of providing Ten Thousand, Eight Hundred (10,800) hours of service shall not exceed One Hundred and Forty -Seven Thousand, Two Hundred and Four Dollars, ($147,204°00) for the term of the Amended Agreement described in item #1, above. The Contractor will invoice the City for services bi- weekly. Except as provided for in Item #1 and Item #16, above, all other terms and conditions of the Amended Agreement between the City and the Contractor remain in effect. City of Baldwin Park By Signature Print Name and Title Date By Signature Print Name and Title Date All City Management Services, Inc r e BY �— E(a-ro'n Fa General nager Date: 17 DemetraLFarwell j Corporate Secretary Date: April 17, 2013 ►t �: Am = mAmA(GEMENT MR 7CITS Amendment to Agreement between 11 City Management Services, Inc. and the City of Baldwin Park for Providing School Crossing Guard Services The City of Baldwin Park hereinafter referred to as the "City ", and All City Management Services, Inc., located at 10440 Pioneer Blvd. Suite 5, Santa Fe Springs, CA 90670, hereinafter referred to as the "Contractor ", mutually again agree to amend, as follows, the existing Agreement entered into on September 21,2005, which has been amended each year since that date and is hereinafter referred to as the "Amended Agreement ": Rem #1 The City and the Contractor agree to extend the term of the Amended Agreement for the 2013 - 2014 fiscal year beginning July 1, 2013 thru June 30, 2014. Item #16 The City agrees to pay the Contractor for services satisfactorily rendered pursuant to the Amended Agreement the sum of Thirteen Dollars and Sixty -Three Cents, ($13.63) per hour for guard service provided for the term of the Amended Agreement described in item #1, above. It is understood the cost of providing Ten Thousand, Eight Hundred (10,800) hours of service shall not exceed One Hundred and Forty -Seven Thousand, Two Hundred and Four Dollars, ($147,204.00) for the term of the Amended Agreement described in item #1, above. The Contractor will invoice the City for services bi- weekly. Except as provided for in Item #1 and Item #16, above, all other terms and conditions of the Amended Agreement between the City and the Contractor remain in effect. City of Baldwin Park By Signature Print Name and Title Date By. Signature Print Name and Title Date All Ci y Management Services Ba ar , wel , ,eneral Manager Date: April 17, 2013 DemeiT Farwell/,Corporate Secretary Date: April 17, 2013 P -A - R- 1< TO: FROM: DATE: SUBJECT: co l^ Q JUN ITEM NO. CITY OF BALDWIN PARK AGENDA STAFF REPORT This report requests the City Council reject the Claims for Damages to Person or Property received for filing against the City. In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to reject the claims by order of a motion and that the claimants are sent written notification of said action. Staff recommends City Council reject the claims of Gary Powers and Erminio Gonzalez and direct staff to send the appropriate notice of rejection to claimants. Attachment(s) Claim filed by: • Powers, Gary DOL 04/1012013 • Gonzalez, Erminio DOL 03/22/2013 CITY OF BALDHIffl, PAR& BALDWIN CLAIM FOR DAMAGES PERSON OR PROPERTY INSTRUCTIONS 1. READ CLAIM THOROUGHLY. 70i" 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. 3. THIS FORM MUST BE SIGNED. 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDWIN PARK, CA 91706 WARNING • CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2 • ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2 DA-11— I PARK R, V( 14 Clerk's Official Filing Stamp To: City of Baldwin Park 4. Claimant's Date of Birth (if a minor) I 1. Name of Claimant r rauua 01ccupationi 2. Home Address of Clan ant 6. Home Telephone Number 3. Business Address of Claimant 7. Businesseteplren e-Nffmber(`,' 8. Name and address to which you desire notices or communications to be sent regarding this claim: 9. When did DA AG P or INJURY occur? . , )M 10. Names of any City employees involved in INJURY or DAMAGE: Date: / 0/5 Time: 2-4)6 / Name Department If claim is for Equitable Indemnity, give date claimant served with complaint: , 11. Where did DAMAGE or INJURY occur? J3 45' All - -b 1, ZZA J W# - 12. Describe in detail how the DAMAGE or INJURY occurred. �JI125Af t 5 &jq7e 4�5 jz, 13. Were police or paramedics called? Yes No ❑ 14. If physician was Visited due to injury, include date of first visit and physician's If yes, was a report filed? yes El No M- 1 name, address and phone number: If yes, what is the Report No? 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific - Use additional sheet if necessary) / I fi) �Ro k--y--L-y 15. List damages incurred to date? 9 16. Total amount of claim to date: $ 7 Basis for Computation: Limited Civil Case: ❑ Yes F-1 No (State the amount of your claim if the total amount is $10,000 or less. If it is over $10,000 no dollar amount shall be stated, but you are required to state whether the claim would `be a limited civil case (total amount of claim does not exceed $25,000).) 17. Total amount of prospective damages: $ - Basis for Computation: 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Namefi)&-� P)-A)A) ewe; u Address 11YJ2 e,-f� 1- z!--d Phone LIV41-37Q-1 Name Address Phone 19. Signature of Claimant r person filing on�imanfs behalf, relationship to claimant and date: I ' - .r ry r I hereby certify (or d �Fnde penalty of -dury nder the laws of the state of California that the foregoing is true and correct to the best of my knowledge. e u ILI) Signature V Relationship to Claimant Printed Name Date It,/ / Note: Presentation of a false claim is a felony (Penal Code Section 72) CC Form I (Rev 7106) InU SER L S1, 10 vde,.' V, d',nm�-11; 8, D _nq- F— :"t R- 1.0CA- My wife returned to Kaiser Permanente to pick me up ermyappoinmen. nourway home, we passed the Syracuse location and the Baldwin Park police and people from the Baldwin Park public works were on site. I spoke to the police officer and he advised me that the contractor was called and was going to return to the site. I noticed a problem with the steering on my Smart Car, so we returned to the site and spoke to an employee of the contractor (Hero Rooter) named Nick Wiseman. Mr. Wiseman told me to take the car in and they would cover the wheel alignment. He suggested we go to their mechanic, John at The Glendora Pit Stop. We took the car in the following day, and they did the alignment and Hero Rooter took care of the bill. See attached invoice. number. I called his boss, left a message and to date that call has not been returned. We are filing this claim with the city • Baldwin Park because it occurred on a Bal• • # # paired. CITY OF BALDWIN PARK BALDWIN CLAIM FOR DAMAGES H INSTRUCTIONS i. READ CLAIM THOROUGHLY. wx 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. 3. THIS FORM MUST BE SIGNED. 4. DELIVER on MAIL TO: OFFICE oF THE CITY CLERK, 144O3e. PACIFIC ^ws.'gxLow/w PARK, u^917O0 WARNING • CLAIMS FOR DEATH, INJURY ro PERSON oRro PERSONAL PROPERTY MUST asFILED NOT LATER THAN S MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION S112) • ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE 000uneswoe. (GOVERNMENT CODE SECTION S11.2) '' 2 C�,1',bS0fUld Filing Stamp [—To. City of Baldwin Park -----T4. —Claimanfs Pate of Birth (if eminor) 1. Name of Claimant- 5. "I'laimant's OccuppGation 2. Home Address of Claimant -611/4 1 6. Home Telephone Number 3. Business Address of Claimant 7. Busine's's Telephone Number 11 Where did DAMAGE or INJURY occur? 12. Dekribe in detail how the DAMAGE or INJURY occurred. 14. If physician was visited due to injury, include date of first visit and physician s 13. Were police or paramedics called? YesA No d name, address and phone number: If yes, was a report filed? Yes El No El A)119 If yes, what is the Report No? 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific - Use additional sheet if necessary) I—ReX9R,,1A)(11 P646 OA) A7 1 /-1 -J� V440 /� FA) C 15. List damages incurred to date? ai P7,1 rc 16. Total amount of claim to date: $--j 25-, 00 Basis for Computation: Mpzcta V FeAk �- C-0, ES' 0,1ArEr Limited Civil Case: Fl Yes F—� No (State the amount of your claim if the total amount is $1O.00Ourless. Ifdio over $1U.O80nu dollar amount shall be stated, but are required to state whether the claim would be a limited civil, case (total amount of claim does not exceed $25,000).) 19. Signature of Claimant or person filing on claimant's behalf; relationship to claimant and date: lherebyceni6t (ordeclare) underpenalty ofpe�uryundef the laws ofthe state of California thatthe foregoing is true and cmrevmthmbest of my knowledge. Date re Relationship to Claimant Printed Name I N-OtP' Presentation of a false claim is a felony (Penal Code Section 72) CC Form 1 (Rev 7/06) A) L cE5 jquqe� c 10 T 1770 -C-64wn r-a A DAWN (51',f 041-l'--1 IDAX 4 t�6 2t -R-� IzON-c oFF FPoil—(t cll-yl-(�66 U,-J--FbZQlllZr-IF my 80(;�C LOCA-reP AT ls"Vv ML-1-mes Lit ul V I-, t5l�om--,1116 CA- M AS A S 6 JI-ic izq t�F A ko. eA Ae -14 Vic 0- 60,N-,Zo 7 P � A, R- K TO: FROM: DATE: r F CITY OF BALDWIN PARKEM N0. - .�._STAFF REPORT Honorable Mayor and Members of the Vijay Singhal, Chief Executive O, . June 5, 2013 3UU LC T: AtAi r- I IY VF RCSVL�.7TI will LV 13 -V 1 --t 11% A % WLI�TfV7�1 CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE CALIFORNIA HERO PROGRAM --• Staff requests that the City Council consider adoption of Resolution 2013 -014, a resolution consenting to the inclusion of properties within the City's jurisdiction in the California HERO Program to finance distributed generation renewable energy sources, energy and water efficiency improvements, and electric vehicle charging infrastructure and approval of an amendment to a related joint powers agreement. Assembly Bill (AB) 811 was signed into law on July 21, 2008, and AB 474, effective January 1, 2010, amended Chapter 29 of Part 3 of Division 7 of the Streets & Highways Code of the State of California ( "Chapter 29 "). These bills authorize a legislative body to designate an area within which authorized public officials and free and willing property owners may enter into voluntary contractual assessments to finance the installation of distributed generation renewable energy sources, energy efficiency, and /or water conservation improvements that are permanently fixed to real property. The San Gabriel Valley Council of Governments ( SGVCOG) is partnering with the Western Riverside Council of Governments ( WRCOG) to assist in the implementation of the California HERO Program in the San Gabriel Valley. The California HERO program is one of two residential Property Assessed Clean Energy (PACE) programs operating in the State that allow residential property owners to finance the installation of eligible energy efficiency, renewable generation and water conservation improvements with low- interest loans that are repaid as an item on the property owner's property tax bill. At its April meeting, the SGVCOG voted to adopt a memorandum of understanding with WRCOG to promote and support the Program's implementation in the San Gabriel Valley. Adoption of Resolution 2013 -014 - Participation in HERO Program Page 2 of 4 June 5, 2013 Since its launch in late 2012, the HERO Program has approved over $129 million in applications and has funded over $25 million in projects in Western Riverside County. In order for property owners in Baldwin Park to be able to participate in the California HERO Program the resolution accompanying this staff report must be adopted and an amendment to the joint exercise of powers agreement related to the California HERO Program attached to the resolution needs to be approved by the City Council. ANALYSIS The California HERO Program allows property owners in participating cities and counties to finance renewable energy, energy efficiency, and water conservation improvements, and electric vehicle charging infrastructure on their property. If a property owner chooses to participate, the improvements to be installed on the owner's property will be financed by bonds issued by the Western Riverside Council of Governments (WRCOG), and secured by a voluntary contractual assessment levied on the owner's property. Participation in the program is 100% voluntary. Property owners who wish to participate in the program agree to repay the money through the voluntary contractual assessment collected together with their property taxes. The benefits to the property owner include: • Eligibility: In today's economic environment, alternatives for property owners to finance renewable energy /energy efficiency /water efficiency improvements or electric vehicle charging infrastructure may not be available. As such many property owners do not have options available to them to lower their utility bills. • Savings: Investments in energy efficiency, water efficiency and renewable energy infrastructure may result in overall savings to the property owner. • 100% voluntary: Property owners choose to participate in the program at their discretion. • Payment obligation stays with the property. Under Chapter 29, a voluntary contractual assessment stays with the property upon transfer of ownership. Most private loans are due on sale of the benefited property, which makes it difficult for property owners to match the life of the repayment obligation with the useful life of the financed improvements. However, certain mortgage providers may require the assessment be paid off at the time the property is refinanced or sold. • Prepayment option. The property owner can choose to pay off the assessments at any time, subject to applicable prepayment penalties. • Customer oriented program. Part of the success of the program is the prompt customer service. The benefits to the City may include: • Increased local jobs. Adoption of Resolution 2013 -014 - Participation in HERO Program Page 3 of 4 June 5, 2013 • Increased housing prices (higher efficiency homes are worth more money). • An increase in sales, and property tax revenue • All California HERO Program and assessment administration, bond issuance and bond administration functions are handled by California HERO. Little, if any, City staff time is needed to participate in the California HERO Program. • The City can provide access for its residents to the California HERO Program without the staff costs that an independent program established by the City �ninl Ilrl rorn lirc YYVNIW 1 V��.:I lll,+. The attached resolution makes the California HERO Program available to property owners within Baldwin Park to finance renewable energy, energy efficiency and water conservation improvements and electric vehicle charging infrastructure. The resolution approves an Amendment to the WRCOG Joint Powers Agreement to add the City as an Associate Member in order that the California HERO Program may be offered to the owners of property located within the City who wish to participate in the California HERO Program. FISCAL IMPACT There is no fiscal impact to the City's General Fund by consenting to the inclusion of properties within the City limits in the California HERO Program. All California HERO Program administrative costs are covered through an initial administrative fee included in the property owner's voluntary contractual assessment and an annual administrative fee which is also collected on the property owner's tax bill. As in conventional assessment financing, the City is not obligated to repay the bonds or to pay the assessments levied on the participating properties. RECOMMENDATION Staff recommends that the City Council waive further reading, read by title only, and adopt the attached Resolution No. 2013 -014 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE CALIFORNIA HERO PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES, ENERGY AND WATER EFFICIENCY IMPROVEMENTS, AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND APPROVING AN AMENDMENT TO A CERTAIN JOINT POWERS AGREEMENT RELATED THERETO ", authorizing the City's participation in the California HERO Program, which will enable property owners to finance permanently fixed renewable energy, energy and water efficiency improvements and electric vehicle charging infrastructure on their properties. Adoption of Resolution 2013-014 - Participation in HERO Program Page 4 of 4 June 5, 2013 ATTACHMENTS 1. Resolution No. 2013-014 2. HERO Frequently Asked Questions 3. Statewide HERO Program Report WHEREAS, the Western Riverside Council of Governments ("Authority") is a joint exercise of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the Government Code of the State of California (Section 6500 and following) (the "Act") and the Joint Power Agreement entered into on April 1, 1991, as amended from time to time (the "Authority JPA")-, and WHEREAS, Authority intends to establish the California HERO Program to provide for the financing of renewable energy distributed generation sources, energy and water efficiency improvements and electric vehicle charging infrastructure (the "Improvements") pursuant to Chapter 29 of the Improvement Bond Act of 1911, being Division 7 of the California Streets and Highways Code ("Chapter 29") within counties and cities throughout the State of California that elect to participate in such program-, and WHEREAS, City of Baldwin Park (the "City") is committed to development of renewable energy sources and energy efficiency improvements, reduction of greenhouse gases, protection of our environment, and reversal of climate change; and WHEREAS, in Chapter 29, the Legislature has authorized cities and counties to assist property owners in financing the cost of installing Improvements through a voluntary contractual assessment program; and WHEREAS, installation of such Improvements by property owners within the jurisdictional boundaries of the counties and cities that are participating in the California HERO Program would promote the purposes cited above; and WHEREAS, the City wishes to provide innovative solutions to its property owners to achieve energy and water efficiency and independence, and in doing so cooperate with Authority in order to efficiently and economically assist property owners in financing such Improvements, and WHEREAS, Authority has authority to establish the California HERO Program, which will be such a voluntary contractual assessment program, as permitted by the Act, the Authority JPA, originally made and entered into April 1, 1991, as amended to date, and the Amendment to Joint Powers Agreement Adding the City of Baldwin Park as an Associate Member of the Western Riverside Council of Governments to Permit Resolution No. 2013-014 Page 2 of 3 the Provision of Property Assessed Clean Energy (PACE) Program Services within the City (the "JPA Amendment"), by and between Authority and the City, a copy of which is attached as Exhibit "A" hereto, to assist property owners within the incorporated area of the City in financing the cost of installing Improvements; and WHEREAS, the City will not be responsible for the conduct of any assessment proceedings-, the levy and collection of assessments or any required remedial action in the case of delinquencies in the payment of any assessments or the issuance, sale or administration of any bonds issued in connection with the California HERO Program. SECTION 1. This City Council finds and declares that properties in the City's incorporated area will be benefited by the availability of the California HERO Program to finance the installation of Improvements. SECTION 2. This City Council consents to inclusion in the California HERO Program of all of the properties in the incorporated area within the City and to the Improvements, upon the request by and voluntary agreement of owners of such properties, in compliance with the laws, rules and regulations applicable to such program; and to the assumption of jurisdiction thereover by Authority for the purposes thereof. SECTION 3. The consent of this City Council constitutes assent to the assumption of jurisdiction by Authority for all purposes of the California HERO Program and authorizes Authority, upon satisfaction of the conditions imposed in this resolution, to take each and every step required for or suitable for financing the Improvements, including the levying, collecting and enforcement of the contractual assessments to finance the Improvements and the issuance and enforcement of bonds to represent and be secured by such contractual assessments. SECTION 4. This City Council hereby approves the JPA Amendment and authorizes the execution thereof by appropriate City officials. SECTION 5. City staff is authorized and directed to coordinate with Authority staff to facilitate operation of the California HERO Program within the City, and report back periodically to this City Council on the success of such program. SECTION 6. This Resolution shall take effect immediately upon its adoption. The City Clerk is directed to send a certified copy of this resolution to the Secretary of the Authority Executive Committee. 1111!!Fil! I I 111111 1111 III � i I Fillilairl � 11 I kvi ♦ Lei Resolution No. 2013-014 Page 3 of 3 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS.- CITY OF BALDWIN PARK I 1, Alejandra Avila, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2013-014 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on June 5, 2013 and that the same was adopted by the following vote to wit: uvjr&-JNNNNM��1� ABSENT- COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS.- ALEJANDRA AVILA CITY CLERK Page I of 5 A - L W1 0 0 I&IMM w IM I This Amendment to the Joint Powers Agreement ("JPA Amendment") is made and entered into on the 5t" day of June, 2013, by City of Baldwin Park ("City") and the Western Riverside Council of Governments ("Authority") (collectively the "Parties") WHEREAS, Authority is a joint exercise of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the Government Code of the State of California (Section 6500 and following) (the "Joint Exercise of Powers Act") and the Joint Power Agreement entered into on April 1, 1991, as amended from time to time (the "Authority JPA"); and WHEREAS, as of October 1, 2012, Authority had 18 member entities (the "Regular Members"); and WHEREAS, Chapter 29 of the Improvement Bond Act of 1911, being Division 7 of the California Streets and Highways Code ("Chapter 29") to authorize cities, counties, and cities and counties to establish voluntary contractual assessment programs, commonly referred to as a Property Assessed Clean Energy ("PACE") program, to fund various renewable energy sources, energy and water efficiency improvements, and electric vehicle charging infrastructure (the "Improvements") that are permanently fixed to residential, commercial, industrial, agricultural or other real property-, and WHEREAS, Authority intends to establish a PACE program to be known as the "California HERO Program" pursuant to Chapter 29 as now enacted or as such legislation may be amended hereafter, which will authorize the implementation of a PACE financing program for cities and county throughout the state-, and WHEREAS, City desires to allow owners of property within its jurisdiction to participate in the California HERO Program and to allow Authority to conduct proceedings under Chapter 29 to finance Improvements to be installed on such properties; and WHEREAS, this JPA Amendment will permit City to become an associate member of Authority and to participate in California HERO Program for the purpose of facilitating the implementation of such program within the jurisdiction of City; and WHEREAS, pursuant to Government Code sections 6500 et seq., the Parties are approving this JPA Agreement to allow for the provision of PACE services, including the operation of a PACE financing program, within the incorporated territory of City; and Page 2 of 5 WHEREAS, the JPA Amendment sets forth the rights, obligations and duties of City and Authority with respect to the implementation of the California HERO Program within the incorporated territory of City. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS HEREINAFTER STATED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The Authority JPA. City agrees to the terms and conditions of the Authority JPA, attached. 2. Associate Membership. By adoption of this JPA Amendment, City shall become Associate Member of Authority on the terms and conditions set forth herein and the Authority JPA and consistent with the requirements of the Joint Exercise of Powers Act. The rights and obligations of City as an Associate Member are limited solely to those terms and conditions expressly set forth in this JPA Amendment for the purposes of implementing the California HERO Program within the incorporated territory of City. Except as expressly provided for by this JPA Amendment, City shall not have any rights otherwise granted to Authority's Regular Members by the Authority JPA, including but not limited to the right to vote on matters before the Executive Committee or the General Assembly, right to amend or vote on amendments to the Authority JPA, and right to sit on committees or boards established under the Authority JPA or by action of the Executive Committee or the General Assembly, including, without limitation, the General Assembly and the Executive Committee. City shall not be considered a member for purposes of Section 9.1 of the Authority JPA. 3. Rights of Authority. This JPA Amendment shall not be interpreted as limiting or restricting the rights of Authority under the Authority JPA. Nothing in this JPA Amendment is intended to alter or modify Authority Transportation Uniform Mitigation Fee (TUMF) Program, the PACE Program administered by Authority within the jurisdictions of its Regular Members, or any other programs administered now or in the future by Authority, all as currently structured or subsequently amended. 1. Boundaries of the California HERO Program within City Jurisdiction. City shall determine and notify Authority of the boundaries of the incorporated territory within City's jurisdiction within which contractual assessments may be entered into under the California HERO Program (the "Program Boundaries"), which boundaries may include the entire incorporated territory of City or a lesser portion thereof. 2. Determination of Eligible Improvements. Authority shall determine the types of distributed generation renewable energy sources, energy efficiency or water conservation improvements, electric vehicle charging infrastructure or such other Page 3 of 5 improvements as may be authorized pursuant to Chapter 29 (the "Eligible Improvements") that will be eligible to be financed under the California HERO Program. 3. Establishment of California HERO Program. Authority will undertake such proceedings pursuant to Chapter 29 as shall be legally necessary to enable Authority to make contractual financing of Eligible Improvements available to eligible property owners with the California HERO Program Boundaries. 4. Financing the Installation of Eligible Improvements. Authority shall develop and implement a plan for the financing of the purchase and installation of the Eligible Improvements under the California HERO Program. 1; - or the ongoing Ongoing Administration. Authority shall be responsible for 11 ly administration of the California HERO Program, including but not limited to producing education plans to raise public awareness of the California HERO Program, soliciting, reviewing and approving applications from residential and commercial property owners participating in the California HERO Program, establishing contracts for residential, commercial and other property owners participating in such program, establishing and collecting assessments due under the California HERO Program, adopting and implementing any rules or regulations for the PACE program, and providing reports as required by Chapter 29. City will not be responsible for the conduct of any proceedings required to be taken under Chapter 29, the levy or collection of assessments or any required remedial action in the case of delinquencies in such assessment payments; or the issuance, sale or administration of the Bonds or any other bonds issued in connection with the California HERO Program. 6. Phased Implementation. The Parties recognize and agree that implementation of the California HERO Program as a whole can and may be phased as additional other cities and counties execute similar agreements. City entering into this JPA Amendment will obtain the benefits of and incur the obligations imposed by this JPA Amendment in its jurisdictional area, irrespective of whether cities or counties enter into similar agreements. 1. Withdrawal. City or Authority may withdraw from this JPA Amendment upon six (6) months written notice to the other party-, provided, however, there is no outstanding indebtedness of Authority within City. The provisions of Section 6.2 of the Authority JPA shall not apply to City under this JPA Amendment. 2. Mutual Indemnification and Liability. Authority and City shall mutually defend, indemnify and hold the other party and its directors, officials, officers, employees and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of the willful misconduct or negligent acts, errors or omissions of the indemnifying party or its directors, officials, officers, employees and agents in connection with the California Page 4 of 5 HERO Program administered under this JPA Amendment, including without limitation the payment of expert witness fees and attorneys fees and other related costs and expenses, but excluding payment of consequential damages. Without limiting the foregoing, Section 5.2 of the Authority JPA shall not apply to this JPA Amendment. In no event shall any of Authority's Regular Members or their officials, officers or employees be held directly liable for any damages or liability resulting out of this JPA Amendment. 3. Environmental Review. Authority shall be the lead agency under the California Environmental Quality Act for any environmental review that may required in implementing or administering the California HERO Program under this JPA Amendment. 4, Cooperative Effort. City shall cooperate with Authority by providing information and other assistance in order for Authority to meet its obligations hereunder. City recognizes that one of its responsibilities related to the California HERO Program will include any permitting or inspection requirements as established by City. 5. Notice. Any and all communications and/or notices in connection with this JPA Amendment shall be either hand-delivered or sent by United States first class mail, postage prepaid, and addressed as follows.- Authority: Western Riverside Council of Governments 4080 Lemon Street, 3rd Floor. MS1032 Riverside, CA 92501-3609 Attn: Executive Director City: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 Attn: Chief Executive Officer 6. Entire Agreement. This JPA Amendment, together with the Authority JPA, constitutes the entire agreement among the Parties pertaining to the subject matter hereof. This JPA Amendment supersedes any and all other agreements, either oral or in writing, among the Parties with respect to the subject matter hereof and contains all of the covenants and agreements among them with respect to said matters, and each Party acknowledges that no representation, inducement, promise of agreement, oral or otherwise, has been made by the other Party or anyone acting on behalf of the other Party that is not embodied herein. 7. Successors and Assigns. This JPA Amendment and each of its covenants and conditions shall be binding on and shall inure to the benefit of the Parties and their respective successors and assigns. A Party may only assign or transfer its rights and obligations under this JPA Amendment with prior written approval of the other Party, which approval shall not be unreasonably withheld. Page 5 of 5 8. Attorney's Fees. If any action at law or equity, including any action for declaratory relief is brought to enforce or interpret the provisions of this Agreement, each Party to the litigation shall bear its own attorney's fees and costs. 9. Governing Law. This JPA Amendment shall be governed by and construed in accordance with the laws of the State of California, as applicable. 10. No Third PartV Beneficiaries. This JPA Amendment shall not create any right or interest in the public, or any member thereof, as a third party beneficiary hereof, nor shall it authorize anyone not a Party to this JPA Amendment to maintain a suit for personal injuries or property damages under the provisions of this JPA Amendment. The duties, obligations, and responsibilities of the Parties to this JPA Amendment with respect to third party beneficiaries shall remain as imposed under existing state and federal law. 11. Severability. In the event one or more of the provisions contained in this JPA Amendment is held invalid, illegal or unenforceable by any court of competent jurisdiction, such portion shall be deemed severed from this JPA Amendment and the remaining parts of this JPA Amendment shall remain in full force and effect as though such invalid, illegal, or unenforceable portion had never been a part of this JPA Amendment. 12. Headings. The paragraph headings used in this JPA Amendment are for the convenience of the Parties and are not intended to be used as an aid to interpretation. 13. Amendment. This JPA Amendment may be modified or amended by the Parties at any time. Such modifications or amendments must be mutually agreed upon and executed in writing by both Parties. Verbal modifications or amendments to this JPA Amendment shall be of no effect. 14. Effective Date. This JPA Amendment shall become effective upon the execution thereof by the Parties hereto. 0 A A A A I G 1:4 IM1111 Z a WSJ bill W0111 -.8- - -6-1 -0 ATTEST: Loll I 1�11 • 6 Z M JOSEPH W. PANNONE CITY ATTORNEY Okfiem' Frequently Asked Questions Attachment 2 March 12.2O13 Q: What hs the HERO Program, and how does Kwork? A: HERO enables residential and commercial property owners to install energy and water efficient improvements and renewable energy systems by having e special assessment put ontheir property tax bill. Payments are made through their local county with their property taxes over time, Q: What types mfhome improvements are available under the Program? /\: Over 15U.DOO products and services quality. Typical projects include: solar photovoltaic (PV) systems; energy efficient space heating, air cooling and ventilation (HVAC); cool roof systems; energy efficient windows, skylights, and doors; solar thermal water heating; air sealing and westherizotion; insulation; water heating; indoor energy efficient light fixturen;mndwmbarefficienuymmeeurea. Q: What are the costs and benefits of joining HERO for mycommunity? Ac There are no hard costs to joining the HERO program and it does not require any dedicated staff resources to develop or implement the Program. Additionally, your community will see numerous economic benefits including; • Reduced energy consumption • Stimulated local businesses • Created/retained sustainable jobs • Lowered greenhouse gas emissions [>: Why should me choose HERO compared to another PACE program? A: HERO is the nation's fastest-growing PACE program. By choosing HERO, your community is choosing aprognem with a proven track-record of stimulating economic growth. The program was developed with a network ofhome improvement contractors who count on HERO to build their businesses. They are creating new jobs everyday and planning on expanding into regions where HERO Financing iooffered. HERO is not an exclusive program mo you don't have tn choose it over another program. VVe believe competition isan important benefit boconsumers. Not only does d provide options like restaurants, gas stations oxbanks provide but it also increases overall demand because more companies are working harder to educate consumers on the benefits ofe particular type of product orservice. When there are multiple options to consider solution provideraareforomdboountinua||yimpruvetheirproduotiftheywonttooUoneedinthemorketp|eon. Qc What about Fredd6e/Famnie/FHFA7 A: PACE legislation was adopted by the State of California to encourage the adoption of energy efficiency, renewable energy and water efficiency measures on homes and businesses, When the legislation was enacted, many people believed PACE was an attractive financing option due to its ability to automatically transfer payments toa new owner if the property sold. Fnyddie/Fonnia/FHFA have indicated that they are not willing to purchase mortgages with PACE assessments on the property, therefore, property owners that sell or refinance to conforming loans may need to repay their assessment. The HERO Program works within this provision and we have found that property owners are comfortable attending � this if, and when, the situation should arise. For most property owners the most attractive benefits are low interest rates that are fixed, the ability to deduct the interest portion of the payments, UheebUib/tooaleot5, 10. 15 and 20 year payment terms, and a simple straightforward application and document process to enable them to get the energy efficiency, renewable energy or water efficiency product they are interested in. Being able to transfer the balance of the financing has not proven to be a feature that has impacted a consumer's decision. AM Ohem' Frequently Asked Questions March 12.2813 Whether or not this provision remains in place or is removed, HERO provides numerous benefits that make PACE an attractive financing option for consumers. Q: Who is the HERO Team? /\: The HERO team is made up of a network of partners who have been working closely since January 2010 on active residential and commercial PACE programs. Each team member io uniquely qualified for their specific role and are industry experts within their field. Best Best & Kreiger up Bond Counsel Renovate America Residential Admin and Funding TAI ISSIC, n��c��/ o��T==°=^��/�-s ` W.thoi Cone& Hol n"m=e��^u�^o�m"m"o �� Assessment Administration U� Placement Agent Q: Can the HERO Program be customized bmmnymunicipality? A/ Yes, marketing materials, including the HERO website and contractor training materials, can be co-branded with your municipality's logo and contact information. Additionally, the HERO beam will work with your municipality to review all policy considerations. Q: Can the HERO Program be integrated with existing municipal programs? I A: Yes, the HERO Program can be integrated with existing municipal rebate, energy finance, or other PACE programs. Our team will work to implement the Program as a complementary component to other programl Q: How does our community get started? A: Below are the process steps for HERO Financing to be offered in your community: I Approve Resolution Approval by municipality of the resolution will allow the HERO Program to operate in the municipality. The conduit issuer then completes a corresponding acceptance of the municipality to the Program, 2 Judicial Validation of City's Participation Program legal counsel files judicial validation documents, 3 Program Marketing and Outreach During the program validation phase, team members initiate local marketing efforts and begin outreach to educate iena| contractors and property ovvnona of funding mvei|abi|ity, eligibility and application procedures. 4 Program Launch Upon completion of the validation pnnneas. the HERO Program launches and projects are able to apply for and receive funding. M Ia a a Attachment 3 Program Report TABLE OF CONTENTS Program Report 1. PROGRAM INTRODUCTION 3 1.1 Purpose of the California HERO Program 3 1.2 HERO Financing 4 1.3 Purpose of the Program Report 4 If. RESIDENTIAL AND COMMERCIAL PROGRAM REQUIREMENTS 4 2.1 Eligible Property Owners and Eligible Properties 4 2.2 Eli6ble Products, Contractors and Costs 5 III. APPEAL PROCESS 7 IV. TRACKS FOR PARTICIPATION 8 4.1 Water Conservation/Efficiency 8 4.2 Energy Efficiency 8 4.3 Renewable Energy 8 4.4 Custom Projects 8 V. PROGRAM PARAMETERS 8 5.1 Minimum Energy Financing Amount and Duration of Assessment 8 5.2 Maximum Portfolio 8 5.3 Assessment Interest Rate 9 5.4 Property Assessment Lien 9 5.5 Delinquent Assessment Collections 9 V1. THE FINANCIAL STRATEGIES 9 VII. GLOSSARY OF TERMS 11 APPENDIX A — ELIGIBLE PRODUCTS 15 APPENDIX B — MAP OF AREA 16 APPENDIX C - RESIDENTIAL PROPERTIES PROGRAM APPLICATION 17 APPENDIX D - COMMERCIAL PROPERTIES PROGRAM APPLICATION 22 APPENDIX E - DRAFT ASSESSMENT CONTRACT 29 APPENDIX F - NOTICE OF ASSESSMENT 38 APPENDIX G - PAYMENT OF CONTRACTUAL ASSESSMENT REQUIRED 40 2 Program Report This California HERO Program Report (this "Program Report ") provides an overview of a property assessed clean energy ( "PACE ") municipal financing program called the California HERO Program (the "California HERO Program ", "HERO" or "Program ") for cities and counties that elect to participate in the California HERO Program. A Residential Program Handbook and a Commercial Program Handbook (collectively "Handbooks ") provide further details on the Program. 1.1 PURPOSE OF THE aAL tFORmtA HERO PROGRAM The Western Riverside Council of Governments ( "WRCOG" or "Agent ") is making the California HERO Program available to every city and county in California to encourage installation of distributed generation renewable energy sources and energy efficiency and water efficiency improvements for residential and commercial property owners. The Agent has partnered with Renovate America and SAMAS Capital to make HERO available throughout the State. The California HERO Program is an economic development program available at no cost to participating cities and counties. HERO finances improvements which decrease energy, create clean renewable energy, or decrease water consumption. In addition to these direct benefits, HERO helps create local jobs, save money, increase property values and lower greenhouse gas emissions. HERO first launched its residential program in western Riverside County in December 2011 and has received several awards across the state. HERO for commercial properties launched in December 2012. kk�,44 Southern California Association of Governments 2012 President's Award for Excellence (Highest Honor) http://www.compassblueprint.org/toolbox/videos/12awards/Wrcoq ASSOCI aTIO of GOVERNMENTS U.S. Green Building Council 2012 Best Residential Partnership Program in California http://www.usgbe .org /ShowFile.aspx ?DocumentlD =18852 Urban Land Institute 7'''' , , I I", � 'I" - 2012 Best of the Best Q 1.2 HERO FINANCING Program Report In July, 2008, the California Legislature approved Assembly Bill 811 amending Chapter 29 of the Improvement Act of 1911 (Streets and Highways Code Section 5898.12 and following) ( "Chapter 29 "), authorizing cities and counties to establish voluntary contractual assessment programs to fund an array of conservation and renewable energy projects proposed by property owners. Assembly Bill 474 was subsequently passed in October 2009 to further amend Chapter 29 to add water efficiency improvements to the list of eligible improvements. Under the California HERO Program, a contractual assessment is entered into between the property owner and the Agent. The agreement is 100% voluntary and is in substantially the form attached to this Program Report as Appendix E (the "Assessment Contract "). The amount of the contractual assessment is equal to the cost to pay for the eligible improvements ( "Eligible Products "), the costs to pay for the issuance of the bonds that will finance the Program, and the costs to administer the Program. Like most assessments, the amounts are billed and collected on the County property tax bill. If the property is sold, the obligation to make the remaining payments on the assessment may remain on the property or can be paid off when the primary mortgage is refinanced or when the property is sold. Additionally, if a property owner fails to pay the annual contractual assessment installments, the Agent is obligated to strip the delinquent installments off the property tax bill and commence judicial proceedings to foreclose the lien of the delinquent installments. This is an expedited procedure that can result in the public sale of the property in less than a year. This process is disclosed to the property owner in the Assessment Contract. 1.3 PURPOSE OF THE PROGRAM REPORT This report is prepared pursuant to Sections 5898.22 and 5898.23 of the California Streets and Highways Code in connection with the establishment of the California HERO Program. This is the guiding document for the Program and fulfills the requirements of Sections 5898.22 and 5898.23. The California HERO Program is offered to property owners in participating Cities and Counties. Cities and the County can make HERO available to their constituents by adopting a resolution and entering into an amendment to the WRCOG joint power authority agreement (the "JPA Amendment ") authorizing the Agent to offer the California HERO Program within the respective boundaries of such Cities and Counties. This report is supplemented by separate handbooks prepared for the residential and the commercial programs (each, a "Handbook "). This section identifies the California HERO Program requirements relating to improvements made on residential and commercial properties. 2.1 ELIGIBLE PROPERTY OWNERS AND ELIGIBLE PROPERTIES In order for properties to be eligible to participate in the California HERO Program, the applicant must meet the eligibility requirements listed below. The Handbooks provides additional detail on each criteria. 4 �� �� ����ero- Program Report a. Applican. Applicant(s) must be the property owner(s) of record. b. Address. The applicant's property must be located within the boundaries of the California HERO Program. If property is located in o cdv, the odv must adopt a resolution and enter into the JPA Amendment authorizing the Agent to offer the California HERO Pnmgnann within its boundaries. If property is located within the unincorporated territory ofa County, the County must adopt o resolution and enter into the JPA Amendment authorizing the Agent to offer the Program within its boundaries. c� PropertV Taxes. The property owners must be current on their property taxes within the time period specified in the applicable Handbook. d. involuntary Liens. The property must not be subject to involuntary liens, judgments or defaults or judgments in excess nf the amount identified in the applicable Handbook. e. Mortgage Debt. The mortgage debt on the property must not exceed a certain percentage of the value of the property aa set forth in the applicable Handbook. f. Annual Property Taxes. The total annual property tax and assessments, including the contractual assessment, on the property must not exceed 5% of the property's market value, as determined at the time nf approval of the Assessment Contract. g. Bankruptcy. The property owner must not have declared bankruptcy within the time period specified in the applicable Handbook. 2.2 ELIGIBLE PRODUCTS, CONTRACTORS AND COSTS Eligible Products Property owners are responsible for installation, operation, andrnaintenanneofthoEhoibkaProduntu installed on their property. Property owners must address performance and other system-related issues directly with the contractor installing the Eligible Products according to the terms of the contract between the property owner and the contractor. The California HERO Program is a financing program only. Neither the Agent, the City or the County in which the property is located, nor their employees or agents are responsible for the Eligible Produots, their installation or their performance. The California HERO Program affords property owners the opportunity to take advantage ofowide range of eligible nanevvab|eenergy.energ ing.andvvaterooneematinn/effioienoyproductothatara included among the Eligible Produota, consistent with the following provisions: o. The California HERO Program is intended principally to encourage the adoption of renewable energy, energy efficiency and water efficiency measures. b. The California HERD Program provides financing only for Eligible Products that are permanently affixed to real property. o. The California HERO Program provides financing only for Eligible Products specified in Appendix of the report. The list of Eligible Products will be updated from time to time and published in the Handbooks. Broadly, these include: 5 Program Report a. Water Conservation /Efficiency b. Energy Efficiency Eligible Products c. Renewable Energy Systems d. Custom Products d. The property owner must ensure that any and all permits and inspections required by the jurisdiction for the installation of the Eligible Products are obtained. e. Financing is also available for projects that combine Eligible Products, such as bundling of water conservation /efficiency, energy efficiency, and renewable energy improvements. For instance, a property owner may choose to replace an aging and inefficient furnace, install weather stripping, Install low cloud toilets. and install a photovoltaic system as nart of a sinniP nrniect Contractors The cost of installation of Eligible Products shall be eligible to be financed under the California HERO Program only if such installation is completed by a contractor that is registered with the Program or by the property owner if self- installing. A list of contractors that are registered with the Program shall also be located on the Program website; however, the California HERO Program will not recommend contractors and does not have responsibility for the work performed by any registered contractor. Improvement Costs Eligible costs of the improvements include the cost of equipment and installation of such equipment. Installation costs may include, but are not limited to, energy and water audit consultations, labor, design, drafting, engineering, permit fees, and inspection charges. Eligible costs do not include labor costs for property owners that elect to do the work themselves. Property owners who elect to engage in broader projects — such as home or business remodeling — may only receive Program financing for that portion of the cost of retrofitting existing structures with eligible renewable energy, energy efficiency, and water conservation /efficiency products. Repairs and /or new construction do not qualify except to the extent that the construction is required for the specific approved products. Repairs to existing infrastructure, such as water and sewer laterals, are considered repairs and are not eligible. Program staff will evaluate conditions in the construction and installation market for the proposed Eligible Products, including the pricing of Eligible Products, and may require the property owner to obtain additional bids to determine whether costs are reasonable. While the property owner may choose the contractor, the amount available for financing may be limited as set forth in the applicable Handbook. Administrative Costs /Fees The Program will cover all or a portion of its costs of establishing the Program; processing, reviewing and approving a property owner's application; processing the Assessment Contract and other related financing and contract documents and issuing the bonds that will finance the Program through an expense component to be added to the amount of the financing request as set forth in the applicable Handbook. In addition, there may be other costs that are not covered in the expense component and will be borne by the property owners as set forth in the applicable Handbook. These costs may include: L Program Report a. Application Fee. An application faemaybaraquked.Theovvnernnaynotinoiudethi000stin the financing request. Except as otherwise provided in applicable federal or state law, the application fee is nonrefundable, unless the property owner is deemed ineligible and the unused portion of the application fee may be prorated. b. Title and Recording Costs. Title and recording costs, including title insurance, where required, may be paid by the property owner. u. Permitting Costs. Property owners are required to verify whether or not a permit and/or inspections are required bv the participating jurisdictions. Permit and/or inspection costs will be paid bv the property owner and are an eligible cost to include in the financing. d. Ongoing Administration Costs. Annual assessment administration, cVkectk;n, county and trustee costs will be added each year to the annual assessment on property tax bills and will be adjusted in subsequent years for cost ofliving increases using the U.S. Department ofLabor, Bureau of Labor Statistics, and Consumer Price Index for the County orregion. e. Onsite Validation Fees. Onsite validation fees may be required for Program staff to confirm proposed eligible energy effioienoy, water effiuiency, and/or renewable generation products were actually installed prior to funding; provided, however, such fee may not exceed the actual cost to undertake such validation. t Multiple Disbursement Fees. The Program may offer multiple disbursements for assessments if feasible. If multiple disbursements are offered, the partial disbursement funding requests may be subject to an additional processing fee per partial disbursement as set forth in the applicable Handbook; provided, however, that such fee may not exceed the actual cost of providing such service. g. Capitalized Interest. Because the County has established o deadline for placing the contractual assessments on the County property tax bill, the principal component of the contractual assessment may also include an amount equal to the first tax year's contractual assessment installments if the deadline cannot bemet. h. Deposit to a Debt Service Reserve Fund. The Agent or project investors may require property owners to fund a deposit to a debt service reserve fund as set forth in the applicable Handbook. The reserve fund would be used to pay debt service on bonds issued to finance the installation of Eligible Products in the event nf contractual assessment installment delinquencies. As required pursuant to Section 5898.22 of Chapter 28. the Agent has met and consulted with the staff of the County Auditor-Controller's office concerning the additional fees, if any, that will be charged to the Agent for incorporating the proposed assessment installments into the assessments of the general taxes on real property. The payment of such fees shall be included as a part of ongoing administration costs which will be added each year to the annual assessment on property tax bills. The Program allows for property owners togo through an appeal process if their application is denied or U the property owner nr property io deemed ineligible toparUcipateinthePrognann. The process iaset forth in the applicable Handbook. 7 Program Report There are four categories of improvements under which property owners may participate in this Program. Minimum energy efficiency specifications are set at EnergyStar, California Title 24 and Title 20, and WaterSense standards, as applicable. Efficiency standards will "ratchet -up" with EnergyStar, WaterSense, California Title 24 and Title 20 standards, or other new standards as may be appropriate and as agreed upon by WRCOG Executive Committee. A complete list of Eligible Products can be found in Appendix A. 4.1 WATER CONSERVATION /EFFICIENCY Water "Ion aCrvaau: 3nric t %ICnCy covers a wide range Of water conserving fixtures, such as IOW iIOW toilets, low flow shower heads, and irrigation controllers. 4.2 ENERGY EFFICIENCY Energy Efficiency covers a wide range of energy efficiency fixtures such as windows and doors, attic insulation, and HVAC equipment that are EnergyStar rated. Most Eligible Products in this category must meet specified minimum efficiencies. 4.3 RENEWABLE ENERGY Solar Photovoltaic or Solar Thermal Systems provide for solar energy generation and solar hot water systems, respectively. Small wind turbines, fuel cell systems or geothermal systems may also be eligible under this category. 4.4 CUSTOM PROJECTS The development of technologies is encouraged by the Program as a means of diversifying the region's energy and water sources. Custom Projects will be evaluated and provided funding, if appropriate, for either innovative projects or for more complex, larger projects that require additional review. 5.1 MINIMUM ENERGY FINANCING AMOUNT AND DURATION OF ASSESSMENT Assessment Contracts are available for varying terms as set forth in the applicable Handbook. Minimum and maximum financing amounts are set forth in the applicable Handbook. 5.2 MAXIMUM PORTFOLIO The maximum aggregate dollar amount of contractual assessments initially authorized under the Program is $2 billion. 9 Program Report 5.3 ASSESSMENT INTEREST RATE Residential Properties: The interest rate for a contractual assessment on a residential property is set at the time that the assessment contract is delivered to the property owner. An estimated, current rate will always be available on the Program website and any variations from that estimated rate will be based solely on market fluctuations. Commercial Properties: The interest rate for a contractual assessment on a commercial property is set at the time the assessment contract is entered into. The Program interest rate(s) will be set with the intention of creating a self - sustaining Program at rates that are competitively priced to compare to financing options available through banking or other financial institutions, balanced with the ability to remarket the securities and encourage the future liquidity of the Program. 5.4 PROPERTY ASSESSMENT LIEN All property owners must sign, and return the Assessment Contract within the time period specified in the notice of approval of a property owner's application. Upon completion of the project and execution of the Assessment Contract, the Program will place a lien for the full amount of the contractual assessment on the property that secures the assessment. If the lien is recorded before the first business day in July, the assessment installment will appear on the next tax bill. For liens recorded after the first business day of July, the assessment installment will not appear on the tax bill until the following tax year, but interest will accrue on the outstanding balance. A direct bill and /or additional tax bill or other method of payment (including capitalized interest) may be required, as determined by the Program, during the first tax year. 5.5 DELINQUENT ASSESSMENT COLLECTIONS In general, it is expected that assessment installments will be collected on the ad valorem tax bills sent to property owners by the County Treasurer -Tax Collector, and therefore delinquency information will generally be available from the County Treasurer -Tax Collector's office. In order to attract financing, the Agent will covenant to commence and pursue judicial foreclosure proceedings with respect to parcels that are delinquent in the payment of assessment installments. The precise terms of such a covenant will be determined at the time of bond issuance. I .. The Program includes the following financial strategies. Strategy One: The Program will, at launch, utilize the Renovate America Residential Financing Plan to fund installations of Eligible Products for residential properties. Pursuant to such financing plan, Renovate America will provide a revolving credit line to finance the installation of Eligible Products to residential properties. Property and other eligibility requirements will be determined pursuant to the criteria set forth in Section II above. In consideration for funding the installation of such Eligible Products the Agent shall issue and deliver to Renovate America one or more municipal bonds secured by the contractual assessments payable by the properties to be improved. 0 — * Strategy Two: The Program will, at launch, utilize the Samas Capital Commercial Financing Plan to fund installations of Eligible Products for commercial properties. Pursuant to such financing plan, Samas Capital will provide a revolving credit line to finance the installation of Eligible Products to commercial properties. Property and other eligibility requirements will be determined pursuant to the criteria set forth in Section 11 above. In consideration for funding the installation of such Eligible Products the Agent shall issue and deliver to Samas Capital one or more municipal bonds secured by the contractual assessments payable by the properties to be improved. Strategy Three: The Agent may establish the "Statewide PACE Financing Fund" (the "PACE Fund ") and may accept funds from any available source. Repayments will be made pursuant to Assessment Contracts between the property owners and the Agent and will be collected through the property assessment mechanism in the County property tax system. The Agent will manage or cause the Tc. ... .-, 1L .._ fY:_J 11-L -i s J � __ _ ` __ PAC .- rustee or other qua1:1 ieu UIIrd -parry admirristrat-ar to manage the PACE fund in one enterprise fund with multiple sub - funds. Strategy Four: For additional financing, the Agent will continue to explore funding opportunities from a number of other potential funding sources, and combinations of sources, which may include but are not limited to additional funding from any funds under the control of the Agent, the issuance of notes, bonds, or agreements with utilities or public or private lenders, other governmental entities and quasi - governmental entities such as SCERA, CALPERS, Nationwide Retirement Solutions, funding from private entities, or any financing structure allowed by law. im • Program Report ANNUAL FUEL UTILIZATION EFFICIENCY (AFUE): AFUE is the standard measurement of efficiency for gas and oil -fired furnaces. Given in percentages, this number tells you how much of your fuel is used to heat your home and how much fuel is wasted. The higher the AFUE rating, the greater the efficiency. ASSEMBLY BILL 811: Approved in July 2008 by the California legislature, AB 811 amended Chapter 29 to authorize cities and counties to establish voluntary contractual assessment programs to fund an array of conservation and renewable energy projects proposed by property owners. ASSEMBLY BILL 474: Approved in October 2009 by the California legislature; AB 474 amended Chapter 29 to expand provisions to authorize the legislative body of any public agency, as defined, to determine that it would be in the public interest to designate an area within which authorized city officials and free and willing property owners may enter into contractual assessments to finance the installation of eligible water conservation Products that are permanently fixed to real property. BRITISH THERMAL UNITS (BTU): The amount of heat required to raise the temperature of one (1) pound of water one (1) degree Fahrenheit. BUILDING PERFORMANCE INSTITUTE (BPI): BPI is a national standards development and credentialing organization for residential energy efficiency retrofit work — providing training through a network of training affiliate organizations, individual certifications, company accreditations and quality assurance programs. BPI certifications include building analysts (for energy audits) as well as building envelope professionals (envelope or manufactured housing) and mechanical professionals (heating or cooling). BUILDING PERMITS: Formal approval of building plans by the designated government agency as meeting the requirements of prescribed codes. It is an authorization to proceed with the construction or reconfiguration of a specific structure at a particular site, in accordance with the approved drawings and specifications. CALIFORNIA SOLAR INITIATIVE (CSI): The California Solar Initiative is part of the Go Solar California campaign and builds on 10 years of state solar rebates offered to customers in California's investor - owned utility territories: Pacific Gas & Electric (PG &E), Southern California Edison (SCE), and San Diego Gas & Electric (SDG &E). The California Solar Initiative is overseen by the California Public Utilities Commission. CALIFORNIA TITLE 24: California Code of Regulations (CCR), Title 24, also known as the California Building Standards Code, is a compilation of three types of building standards from three different origins: • Building standards that have been adopted by state agencies without change from building standards contained in national model codes; • Building standards that have been adopted and adapted from the national model code standards to meet California conditions; • Building standards, authorized by the California legislature, that constitute extensive additions not covered by the model codes that have been adopted to address particular California concerns. CALIFORNIA TITLE 20: Title 20, a California law intended to drive down electrical energy consumption in the state, is having a noticeable impact on manufacturers, importers and retailers who produce or sell portable lamps. 11 Program Report COEFFICIENT OF PERFORMANCE (COP): The COP is the basic parameter used toreport efficiency of refrigerant based systems. COMMERCIAL: Commercial entities are defined as all non-residential properties and include, but are not limited to, apartment buildings with five units ormore, industrial and agricultural properties. CONTRACTOR: A person or business entity who contracts to erect buildings, or portions of buildings, or systems within buildings. COOL ROOF: A cool roof reflects and emits the sun's heat back to the sky instead of transferring it to the building below. "Coolness" is measured by two properties, solar reflectance and thermal ennittonoe. Both properties are measured from zero (0) to one (1) and the higher the value, the "cooler" the roof ����0 AN����(�RC):�heCRRCis an independent, non-profit organization that maintains a third-party rating system for radiative properties of roof surfacing materials. ENERGY AUDIT: An evaluation of energy consumption, as in a home or business, to determine ways in which energy can beconserved. ENERGY EFFICIENCY RATIO (EER): EER is a measure nf how efficiently a cooling system will operate when the outdoor temperature isata specific level (05"F). The higher the EER. the more efficient the system. ELIGIBLE PRODUCTS: All Eligible Products ae specified in the applicable Program Handbook. ENERGYSTAR: EnergyStar is a joint program of the U.S. Environmental Protection Agency and the U.S. Department of Energy helping us all save money and protect the environment through energy efficient products and practices. EXPECTED PERFORMANCE-BASED Buy-DOWN (EpBB): Under CSI, EPBB provides that solar systems smaller than 30kW in capacity can receive a one-time, up-front incentive based on expected perfornnanoe, and calculated bv equipment ratings and installation factors (geographic }ocation, tilt and shading). EPBB payments are provided ona$ per waft basis. Systems eligible for EPBBcan choose to opt-in to the PB>system. EVAPOTRANSPIRATION (ET): ETisa term used to describe the sum of evaporation and plant transpiration from the Earth's land surface toatmosphere. HEAT SEASONAL PERFORMANCE FACTOR (HSPF): HQFPis the most commonly used measure ofo heat pumps heating efficiency. The higher the HSPF. the more efficient the heat pump. H(}KxE ENERGY RATING SYSTEM (HERS): Based on the home's plans, the Home Energy Rater uses an energy efficiency software package to perform an energy analysis of the home's design. This analysis yields a projected, pre-construction HERS Index. Upon completion of the plan revievv, the rater will work with the builder to identify the energy efficiency Eligible Products needed to ensure the house will meet ENERGY STAR performance guidelines. The rater then conducts onoite inspections, typically including a blower door test (to test the leakiness of the house) and a duct test (to test the leakiness of the duotu). Results of these tests, along with inputs derived from the plan review, are used to generate the HERS Index score for the home. INTERCONNECTION AGREEMENT: A legal document authorizing the flow of electricity between the facilities of two electric systems. Under the CSI ProArano, eligible renewable energy systems must be permanently interconnected and operating in parallel to the electrical distribution grid of the utility serving the customer's electrical load. Portable systems are not eligible. Proof ofinterconnection and parallel operation is required prior to receiving an incentive payment. 1111661 Program Report INVESTOR-OWNED UTILITY (IOU): Forpurposes of the Program, this refers to Southern California Edison Cunnpany, Pacific Gas & Electric Company and San Diego Gas & Electric Company. KILOWATT (KW): A unit of electrical power equal to 1.000 vvafts, which constitutes the basic unit of electrical demand. The watt is a metric measurement of power (not energy) and is the rate (not the duration over which) electricity is used. 1.000 kW is equal to 1 megawatt (MW). KILOWATT HOUR (KVVH): The use of1.000 watts of electricity for one full hour. Unlike kW, kWh isn measure of energy, not power, and is the unit on which the price of electrical energy is based. Electricity rates are most commonly expressed in cents per kilowatt hour. MARKET VALUE: Highest estimated price that a buyer would pay and o seller would accept for an item inon open and competitive market. ��J���A report that is the accepted industry standard fox the proper ' and selection of HVAC equipment in residential applications. Manual J outlines the accurate procedure which can be used to estimate the heat loss and heat gain for conventional residential structures MEGAWATT (MW): Unit of electrical power equal to one million wafts; also equals 1 .000 kW. NET OPERATING INCOME (NC]|): Net operating income ie rental income ofa property after operating expenses. These expenses would include all operating expenses, including maintenance, janitorial, supp|ies, insurance, accounting, management, etc. PARTICIPATING JURISDICTION: A city or county that has elected to participate in the California HERO Program. PROGRAM: The California HERO Program. PROGRAM ADMINISTRATOR: The VVRCOG Executive Director and/or his designee are designated oo the Program Administrator and are authorized to enter into contractual assessments. REAL PROPERTY: A property in the County that is subject too real property tax. PERFORMANCE BASED INCENTIVE (PB|): All solar systems requesting incentive payments over 3OkVV must take the PBL Any sized system can elect tn take PBL The PB| pays out an incentive, based on actual kWh production, over e period of five years. PB/ payments are provided nna$per kilowatt-hour basis. POWER PURCHASE AGREEMENT (pPA): PPA's are contracts between two parties, one who generates electricity for the purpose of sale (the seller) and one who agrees to purchase electricity (the buyer). Financing for the project is delineated in the oontreot, which also specifies relevant dates nf the project cominginbzeffent.xvhenthep jectvviUbegincomnnercia|operation.andatermination date for which the contract may be renewed or abandoned. All sales of electricity are metered to provide both seller and buyer with the most accurate information about the amount of electricity generated and bought. Rates for electricity are agreed upon in the contract between both parties. RENEWABLE: Electricity supplied by energy sources that are naturally and continually replenished, such as wind, solar power, geothermal, small hydropower, and various forms of biomass. RESIDENTIAL: Single family honne, fewer than four (4) residential units. R-VALUE: R-Va|ueiaanneasureoftherrna|vyaistunoe'unadinthebui|dinganduonutruot/onindustry. usually for insulation. The higher the R-Value, the greater the insulation qualities of the product. SEASONAL ENERGY EFFICIENCY RATIO (SEER): SEER ia most commonly used to measure the efficiency of central air conditioners and air source heat pumps. SEER measures how efficiently e cooling system will operate over an entire season. The higher the SEER, the more efficient the system. 13 Program Report SOLAR HEAT GAIN COEFF|C|ENT(SHGC): GHGC measures how well a product blocks heat bv sunlight. 8HGC is expressed as o number between 0 and 1. The lower the SHGC. the less solar heat is transmitted into the building. SOLAR RATING AND CERTIFICATION CORPORATION (SRCC): The CRCC currently administers a oertifioation, rating. and labeling program for solar collectors and a similar program for complete solar water heating systems. WATER AUDIT: Water Audit is a qualitative and quantitative analysis of water consumption to identify means nfreducing, reusing and recycling ofwater. WATERSENSE: WaterSense is a partnership program sponsored by the U.S.Environmental Protection Agency (EPA) with the goal of protecting the future of the US's water supply. By promotinq and enhancinq the market for water efficient products and services, WaterSense makes everydropcountby|evoragingre|ationahipsvvithkeyuti|i*^.nnenufooturerandretei|partnenaacross the U.S. M1 �� �� ����ero- Program Report AnD8Od' 4 ELIGIBLE PRODUCTS The California HERO Program offers financing fora number ofeligible equipment types, energy efficiency nneasunas, vvatereffioiwnov/uonservation innpromannenta, solar systems, and other innovative, energy-oaving, water saving, and energy generation custom products for residential and commercial property owners as specified in the applicable Handbook. Minimum energy efficiency specifications are set sd EnergyStar, California Title 24 and Title 20. and VVaterSensentandards, as applicable. Efficiency standards will "ratchet-up" with EnergyGtar. VVaterSenne. California Title 24 and Title 9Ostenderdo.or other new stanr4ardsas may beopppopr�teandoaagroed upon by the Agent. Any Solar PV system must ba eligible for and participate in CSI or an equivalent uU|dv rebate program, unless the property is not connected to the electricity grid, or such utility rebate program is not available. 15 M••RM M- rill M Appendix C RESIDENTIAL PROPERTIES PROGRAM APPLICATION Program Report 17 Program Report WRY G HERO Financing Application N" r Phone: (877) 747 -4383 Address: 4080 Lemon Street, 3'� F1oor, MS1032 F= (858) 385-0379 Rn erside,,C,' -'i 92501 Email: t Tcogt herofinancirrg,corn The VV extern '.Pivel side Counralof Gov err€ rice €'if c ,, �! PC OG- )EnelgyEft €ieric_FindV?atetCon servation Prograrn for tMastemPiver ' side County(the "Program ") finances installation of renewable energy, ror energy or grater efficienry+ products that ara bermsr,entiy fixed to a property owner's real property ('Eligible Fir d;acts ",l Eligible Products will be €inanceit upon the signing of an assessment ccritragbetween ` VRCOG and the prop'erly owner (Assessmerit Conti ac ). V41 COG has, retained Ran ovate ,America, Iric. (P,') to facilitate the Progi am, and you will see Ihis name throughout the Program m at, nals V,R COG and 'RAare ratseiad to rollec!ively *therein as "Pro grant Adrrinis,, rator:° Property Owner AcknoWedgments In order to participate, in the Program, I understa sd Ihat I need to most the giialifica, -ns listed below, By signing this Applicabon, I acknowledge and represent tha* to the best of my knowledge that I and any other owner(s) of the property which is the �subjed if this application (the 'Property") meet these qualifications -arid `authorize the Program Administrator to obtain a'credit report fir each of the „ opien y orn;er(s) and/or trustee_. hose social security number is, provided on this applicyticn • I am current on all property tares for the Property • I cerlify that I have not had a: aie payment an the property tales lev led on the Pro rr Lisa than once during the prior three r�1) year tar since the purchase of the Property if owned less than three (a) years): • I am and have been current an property debt for the pastavvelve, (12) months on the Pro perry, • I am riot aware of',amy involuntary liens, defaults ot',judgmennts on the Propel;,. have the suthrntyto authorize thePn:igramAdminrstratorto obtain credit reponforeach ofthe, prrpertyostner(a) and /or t ustee(s1 whose social security nur hertsj ,se.provided onthis.application, • I have not declared bankruptcy in the last seven (7) years, • I understand that to qualify for 'be Program the Property must mee: the following requiremeats- a. The amourrtte be financed under the Program may not exceed 10 %o€ the viable of the Property: b, All eYsingdebfr' ecorde°againstfhePropertymaynot axceed 90%ofthevaliieof the Property, c, I' understand that, fokiwi g appg f a� chic contractor or I must call the Program to identify the E=gg IMP oducts I'wyorotd ..roe to purchase and m,u�, receive P,7ot�;cationtci Proceed frtrrn the Program before beginning the installation of any Eligrbie Products Products w rich have not been approved trythe Program will not be funded: d, i ; nderstarrdphat intbrtis? rates'inay zAange frorn .his,¢pproxai tlafe to recerr�iny lScs�ication to �oc�eed, By sighing this Application, I hereby declare under penalty of perjury under the laws ofthe State ofC'alifornia all of the following: 1, That the information provided in thin, Application is true and correct as of the dates set forth opposite my signature, on the application and net l underhand that any imentional or negligent misrepresentation(s) of the iriformation contained in this 4ppltcation may result in civil liability and/or erirtiinai peraaltiesancluding, but not limited to, imprisonment or both and liability for monetary darn ages to''VIVRC OG, its agents. or successors and assigns, in iffers. and any other person vdio may suffer any Tess due to reliance upon any rnisrepreseritation which t have made in this Application,. 2. I here received, read and understood all documents comprising the Program, which, in addition to information on fie Program vvebsite, include the following: a: ThisApplicanon; b_ Pnvacyy Policy Notice; r. Assessment Contract (sample); and d. Program Na:nddook, I have had an o pportu nity to ark Pro warn tapresentatit as pndfor my legal counsel any puestr ins 'I have regarding the docurnorit_.listed ,bone, i un deist art I I swill be asked to sign then sse .maw t or irac't, among other documents, as a pre - condition to ^te closing of the financing, 3, 1 am appiyrnq to participate in the Program. I have the authority, without the consent of arty third party, ti'rexecute and cdeiirer this Application, the Assessrnent Contrast and the various other documents. and rnstrurnents referenced hereir, d. 1 understand that the financing provided pursuant to the assessment Contract will be repayable through an assessment Levied against the Property.< understand that an assessment lien will be recorded byWRCOG against the Property in tt,e office ofthe County Recorder ofthe County of Riverside upon execution of;t;e Assessment Contract. The property tax, bill twhich includes my assessments) forthe Property will increase by the 'amount of these assessment instaliment payments, The,Asse,.srrrent aintract will speOy the amount ofthe assessment, n.sessment, the assessment installments and the interest on the assessment to he collected on the tax bill for the Property each year during the term specified in the AssessmentContract, The assessTnent and the interest and any pena €tiesthereonwill constitute a Tien against -the Property until they are panel As with all tax and assessment hens, this lien vntl be senior to all existing and future private liens against the Property, including mod ;ages, deeds of trust and other security instrurrrents. HERO Financing €esirdentrar appii ;7atron - 'version 01 4 -April i?, 20i12 Pages .I of 18 ♦r r --• t ' 5%of Prepaid Assessment ":mount _ ��c' C"O'G Es r"s,,.. 0S ,zdx°,�ny ift Lgi I'.' A; _pH-U- ...t',.n � + ! %of..~repard Assessment .Amount .. Phone: (677) 747-4889 Address: 4080 Lemon Street, 3'° Floor, MS1032 `t`earE; 3% of Prepaid A.ssessmerttArnount> Pax: (858) 385-0379 Ri eraae, CA 92501 Email: rarco @herofinanclns com Disclosures The following describes sorne (but not alt) characteristics and risks of participation in the Program as well as lays to which the Program is subject_ A fuii understanding of any item listed below can be gamed only bya'evievong the relevant laws, policy statements, andfor the contractual documents related to the P- pgram. The Program Administrator is committed to your understanding each of the earns listed below", and irr'rttes you to ask, Program representatives any questions regarding these ftems or if you need copies of any dorum entree late dto the Program Program -Disclosures and Drscla.rriers Existing hhml Jaye The Program establishes the manner by which "4i RC OG may finance, pursuant to Chapter 29 of Part; -if Division of the California Stream and Highway =s Code `commencing with Sechun 5898,10), the installation of Eligible Products_ Eligible Produrts orrl(re financed pursuant to an Assessmpnt Contract between you and )AIRr OG, BEFORE COMPLETING r^,.PROGRAM APPUCATiON, YOU SHOULD CAREFULLY PE>?iEbi Ir.NY MORTG A'GE AGREEMENTS) OR OTHER SECURITY INSTPi„tr�,.dENT( S')10VHICH AF. FECT THE PROPERTY OR TO `a RICH YOU AS THE PROPERTY OVI;VNE <APE iA PARTY. ENTERING INTO APROGRi, 0AS'SESSMENT CrONTRACTW:THOUT THE C ONSEhJ GFYiDEUP EYISTING LENDERt_S,,i COULD C,ONSTITLTr_-AIv1' E'vENT OF DEFAULT UNDER SUCH AGREEMENTS OR SECURITY INSTRtUNIENT5 DEFAULTING UNDER AN EXISTING I'VIORT GAGE AGREEIVIENIT 0 SECUPIT' INSTPUNIENT COU LID HXkE SERI OUS CON SEDUEt.CES TO YO U, V%IHICH COULD INCLUDE THE ACCELERATION OF THE REP.z YNIENT OBLIGAT ONS DUE UNDER SUCH AGREEMENT OR SECURITY .1NADDITION, ON AIUG 1ST 31, 2010, F ;A;NNIE MA.E AND FREDDIE rvAC STATE= THAT THE 7 "b`t +t; ULD :?RIOT FUR CHASE HGI:1E U a}+NS VOTH ASSE 'SIAENTS SUCH AS THOSE OFFERED BY s,APC:DG, THIS MAY lv"tEAN THAT PROPERTY C a1FiNER'"u'WHO SELL OR REFINANCE' THEIR PROPERTY NI AY BE REQUIRED TO PREPAY SUCHASSESSIvaENTSAT THETINIE THE'i CLOSE THEIR. SALE OR REFINANCING. If �Omr 1e,nde> reccuitas an Irrtoourid f,3r'your trune.rty taxes, Pisa S. consider r eti4yin t them of the arwnuaiasse'ssmiei,nt pay,rrr -M amouint so they car, adpu =V your unpo; rid amount. b Interest Rate. You will be charged a fixed interest rate on your;otal financed amount, Your interest rate will be setat the lane your Financing Docsrnents are issued'" c Program Administration Fee. Al fire time of closin C=r rG will charge. you,; one-time ardmmEstiation lee of-535% of t,e,principal amount of the assessment on the Property to cover the costs if admiritsterinrg the Pro Trani, This fee will be added to the assessment 'amount, . " d Recording Fee. At the time of closing, \``COG ,rI pass - through the assessment recording tee of appro .ima.eij $87 to you to cover ti e costs of recording the assessment, The. fee will ce addedto the assessment amount e. Assessment Administration Fee. Each Year, an annual assess rent adminietratis" e fee will be added to the assessment risen amount on your property tax Gill. T hese costs will be $25 at the time ?tire % /VRCOG HERO Program is launched, drill not exceed $79-5, and wit! be adjusted in subsequent "yearsfor cos', of living increases" f Interest Ref€rre,First Payment. 'Hexed on the date an assessment is recorded do you- prope rty, payments may not begirt until the, foilowing year`s tar, statement, This is the amount of rote _ st that 9s added to the assessment amount for the period betvvpen your cussing date and the data of your first assessment payment. The maximium amount o. ,nterest:•rrit. be limed on yourAssessmerri Cost and Payment Summarf, which "vvi i be provided with your Financing Docurnetats. c), Au €orated Valuation Model Disclosure. 'you have the right and obligation. to a copy of the automated vslualion model (AV 'Tj report used in connection with your application for credit. If you want to obtain a copy, please lane to us at the mailing address we have provided VVe rnust hear from you no laterihan 90 days after we provide you vith a notice ofthe action taken on your application or a notice of incompleteness; or in the case of a withdrawn application, 90 days after the °witf,drawal An .4,VIIi is not an appraisal. It is a computerized property vslu ation system that is used to derive areal property value, h. Foreclosure. No! later thart October'I each year; WR.COGshalli determine whether any annual assessment is not paid t,N�en due and shall have the right and obligation to order that any such delinquent pay =ment and its associated costs be collected by an action brought in Superior Court to fond se Chip lieu ofthe delinquent assessment installment in the mariner provided and to the extent permitted by applicable law, i. Mandatory Prepayment Redemption. You have We option to pay o_'your assessment lien amount in full, or in incrernen'.s of $5,000, at any Time, However, if you do so, ycau v;ill have to pay (i) the principal ,amount of the assessment to be prepaid (the ",Assessment Prepayment ATnount ), (ii) a prepayment premium compited as set forth below, tail) interest on the Assessment Prepayment Amount to the earlier of Match 2 or September 2 occurring at least 90 days following the date the prepayment is made, and (tv") a processing fee (not to exceed $500), The ;Prepayment ;premium is determined asfollowsz Year I: 5%of Prepaid Assessment ":mount Year l: 4°. ='a if Prepaid, Assessment -mount Yost 3- %of..~repard Assessment .Amount .. Year '.4 ; 3%of reparll,As e.s"sment Amount `t`earE; 3% of Prepaid A.ssessmerttArnount> Years&20; No penally, V " ' HERO F nan =_ins Residential An pli ration - '.?emion of 4. -April 13 2012 Facie :.2 of 4 im M AM-MME=- w WRCOG HERO Fin amingfrd A pplicafio'r Afi Phone: (877) 747-4889 Address: 4080 Lemon Street, :V F1 oG,, hil S 1032 ero' IF= i858) 385-0379 Riverside, CA 92501 Email: wrcogCgher0financing com Disclosures Continued j, No Endorsement, Warramyor LiabilityVVPCOG, Inc. and the Prpgrarn do not endonse any manufacturer, contractor, product, or system, or in anyway warraMy such equipment, installation, or the cfficiericy or production capabililyof any equipment, WRCOG, Renovate America, Inc. and 'the Programmake no representations and have no responsibility rage ' rding the equipment and fts installation, including the quality, safety, cost savings, effictericy or production capability of any equipment; u, any compliance ofthe equipment cr its installation verth any applicable laws, regulations, codes, standards of requjrarnerlts . Funhpr, ",,VRCOG, Renciatc America, Inc,. and the Prograrn shall not he in any way liable for arly incidental or consequential &rmagec resulfing fronj the equipment u, I,,, Validation. The Program mavvalidatp that installed Eigiblp Ptoducts, meet Program Plic I gibilit"'I mquoements including requiting the applicant to provide additional sales receipts, contractor irworces, serial numbers or other identifying details, portions of packagps or crickets onginally attached to the in.tailed Ehqibb Products beyond whatthe Prograto already osquiresto be provided. The Program may also coriduri an inspection to validate installation ofEligibre Products stqualified �ocations, You, by submatfingthis application, consent to any such onsilevalidations, which shall be conducted during normal business hours following advance notice to you By submi1rog this application, you also agree to sign the euthorization form to participate in billing energy usage analysis to measure, Program impact savings and participant satisfaction. 2. Legal Disclosures a, Equal Credit OpportunityAct (ECOA). The Fede.€al Equal Credit Opportunity Act proh-ibits credito °y from from discriminating against Credit Appheant(s) on the basis of race, color, religion, national origin, s;&Y, marital status, age(provided thattrip applicant has the capacitytj enter into a binclzriq contras), because all or part of he applicant(_) incst-re derivesfrom. arty public assistance program: it applicant has in good faith exercised any right under the Consumer Ctpdit Protection Act, The FedervilAgem-1, that administers compliance with this law concerning this creditor isthe Federal Trade Commls-sion, Division of Credit Practices, Washington, D.C, 20580, b, Vaif CreditReponfing Act. As pan of assembling your Prograrn application, WRCOG hax requested a consumer report nearing your credit worminess, credit standing and credit caparify This notice is given to you pursuant to the Fair Credit Reporting Ad. c, The Housing Financial Discrimination Act Of 1977, It is illegal to discriminate in the provision of or in the availability of financial assistance because of the consideration ref: i trends,,�hqrasterislics of conditions in the neighborhood tit geoplaphic area surrounding a housing accommodation, unless the financial insfitu-tion can denninstratp in the particular case, that such consideration is required to avoid an unsafe and unsound business practicel- or Ii. race, Color, religion, see, marital states, ticinneafic partnership, national origin or ancestry. d, Patriot Act Disclosure. To helpthe government fight the funding oflerronsml and money laundering activities, Federal law requires aRfinancral institutions to obtain, verify, and record information that identities each ape rsonwho opens an account 'What thismeans for you As part of applying to the Program,'NRCOG may be required to ask for your narne, address, date of birth, and other information that will allow If to identify you, \NIPCOG may also need a copy of the driver's license or other identifying documents fi-cm, any and all borrowers and quaran-lors, e, Communicatio"swith Legal Advisers. Ifyou have any questions about any agreements or spcuidy instruments which afferithp Property or to vvrifn you are a party, or about your authority to execulle the PloqlamApplicatrim or enter into an.AssessmenT ContradviohWIRCOG wIthoutthe prior consent al'your exisnrig lender(s), 'the Program strongly encourages you to consultwith your siu,,n legal counsel and your lender(s), Program start cannot provide you with advice about existing agreements or security instrurnents. Property Owner Signature(s) I declare that (r) I have received, read and understand the frisks and characteristics of the Program described in tho Property Owner Arknovviedgments, arid, Disclosures set forth in this Application and (ii) I have been informed that I must take, the sole, responsibility to satisfy myselfthat executing the Assessment G'ontrRct, recewing financing for Eligible Products, and consenting toths assessment levied again-ithe Prapertyivill no, constitute a defaull under any other agreement or securky instrument (sir ecificallythe terms ofany mortgat ge on the Property) which effects the Property it to which I am a party, Property Qvmer 1 Signature Date Prop erty Chinon! `signature Date:' HER,0 Financing Re5id,,ncaf Applicarron - Ver5f on of c: - April 13, 20U' Page 3 of 4 go] M 'VA CO HERO F..--,7mciryf Ap p I kola" on 04herao, Phone. (677) 747-48B9 Address: 4080 Lemon Street, 3"1 R ou', M 5 1032 Fax: (05B) 385-0379 Riversf de, CA 92831 Email: kP,,,mogC_ghe rof inand rig—com FOR CONTRACTOR CALLIN ONLY Contractor ID# HEROID# Property Address Property Type: F-1 SingJefamilytionte 0 condoffavMhome F—Imanufactured4mbile "arm F]Mufti Family Home (1-4 unit* 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 PrGpe" Address LSJ—A—J CRY state Zip Code Property Owner OvAmrs hip Type: FJ Individual n Joint n Tmst n Corporatiowl-l-Cfeirc. Mother M L I' LJ trutial L ,.4 Sector Sectrity N umber Wool Day. year Phone N umbar I I I I I I [--J--A— I I I I I —L I I I I I I I I I I I I I I I Enwil Address j i__j IMAing Addr� Of different from Property Address) 1I I I I I I I I I I C A ctolt State Zip Code Property Owner 2 I I I I I I I I I I I I I j" I I I I I I I I I I I I I I I I I I East Name. 14 Initial Last H ame I I I - I I - I I I 1 061 1 � I I 1 r I I I I Social SM urity.N umber. Worgh Day Year.. Property Owner Signature(s) I declare that " haf, e the a -ithority, without the co nee nt of any *third party which h as not been previously obtwned, to execute and deire er tie, Application AssessmPni Contract, arni lheyariou documents and Instruments referenced therein, Property Owner 1 Signatwe Date Property Owr,,�r2 Signatwe Date Ifyou do NOT '4slh to tr'nn the prog'arr" and v'ould Prater ati cummunicationsioarrurthtcugh the US'Ma'g instead, Plasm: rortad us. ElPieasecheck thibox if �,u doNOT Veantto Or Otherni ark snrt mr esTenab Yrsvrrr the Prograrn or Renovate Am erim, Inc, HERO Financing Pe5iclsndai Application - Version 01A - April I s, 2012 Page 4of 4 21 Appendix D COMMERCIAL PROPERTIES PROGRAM APPLICATION Program Report M Ohero- Program Report CALIFORNIA COAVVIERCLAL HERO APPLICATION QUALWICATIONS.- —0— V — Y'ES NO 0 [:1 Property Owners) andlorTrusfees are and haste been cmTent on all properly debt for the pad az (6) months, indurling no technical defhufls. Property Owneiis) and'o, Trustee,- we current on property taxes nith no more than one late payment du ring thep ast three S) ears 0 Property Own"(s) and)orT .. teeshav t n 0 involunuoy, ben-,, defaults or judgments Go the pr. operti, Property Owner(s) M(vorTrustees have not declared bankruptcy in the last seven (7) years and the property is not an asset it) a bankruptcy n debt does not exceed 80-4 of the fair market value of the property, as defined in the Program Handbook, El ❑ Property-ha., a debt service coverage ratio of L05 (or 105°6) (calculated by dividingnet operating income by total lender debt on pioperty). PROPERTY ADDRESS: (=V� t`°TA7Ej C ODE� �A _R OCCUPANCY TYPE: 0 Owner-Occapied Menaut-Occupied OBoth DESCRIBE OCCUPANTS' B1USJNTSSES:____ --- I PROPERT'VIATE: [3 :Multi -1 arni1v (5— units) E3 cormnercial 0 hidusttial E3.Agricultural El Other: .................. . . AAIAMING ADDRESS. CAF,T/Ali TMETC,) xyly) ST".Tz" ,ZIP PROPERTY MANER TYPE: OhidMdual 07rust E3 Corporation 0 Pwfuer4tip E3 PROPERTY OWT,1LR#ILNFORT*UTION (Should be personientity, who ltacrdies all prngram eontactg): TAX D -, OF S,21 --RAJE --F C -IN-t CT FER.E% Yr (,'F:ON-E N,;'ABEF) Pli%Z' Nj.I-pa', 'ENIAL ADDRESS) % VyERSHLP ZER #2 INFORAILAMONI: NAJIE BUSINES2EIMTY 0WF2J,, (ADDMONAL PHONrl NUNTER; MkIEF"SH111 23 M M Program Report SAMAS CATITA I, Assets Amount liabilities, Amount Cash in Banks Current? NoWs Payable -------------- Accounts Receivable ❑ Accounts Payable Has(* the ProperlvO%vner(s) had pmperlyforeclosed or give title or deedin lieu thereof, Notes Receivable ❑ Income Tax Pivabl Securities Owned Other Taxes Payabit, Real Estate Mortgages or Liars on Real Estate -A Other Asset's Other Liabilities I I I I Total I Total Prapert� riconre(Ann") Amount Property Exveruies (Artnual) Amount Rent Current? Maintenance and R5 airs -------------- Other Income ❑ -- Prop", Taxes Has(* the ProperlvO%vner(s) had pmperlyforeclosed or give title or deedin lieu thereof, Interest ❑ properly insurance Total Total -A Mortgages and Uens on Comatercial Real Estate Property ID To Whoin Payable Isr or Mortgage? Monddy Payment Current? Security Maturity Date Principal Reunaining ❑ ❑ Has(* the ProperlvO%vner(s) had pmperlyforeclosed or give title or deedin lieu thereof, ❑ ❑ Has(ve) the Property canners} compromised a debtor inodfred a mortgage loan in the last 12 months? Ifthe DrODeM is cross-C0113tM3li7ed IV r,1-- 1-1114r th;. —61— Commercial Real Estate Schedule Address / Type of Property Title in -Nan* or How Held Cost I Year Acquired Nlorltwy Income Present Market Value Total Balance Owed lv'yVc the Property Orvoer(,,) a partyin any active or threatened lawsuit(sl or other legal action(,,;)' ❑ ❑ Has(* the ProperlvO%vner(s) had pmperlyforeclosed or give title or deedin lieu thereof, ❑ ❑ Has(ve) the Property canners} compromised a debtor inodfred a mortgage loan in the last 12 months? If the property is owner-occupied. please complete this sectim Notes Payable Name of Debtor Collateral Montfdy Payment Maturity Date Total Amotint Due OTHER CRITERIA QUESTIONS Please e.xplain all -yes" answers on a separate sheet YES NO ❑ ❑ Dotes) the Pr ertp O uner si have my outstan(fingjudgment(s)? ❑ ❑ Dotes) tile Property Ow-nerts) have any tax obligation, including Myoll or real efatttaxm that art, past clue? ❑ ❑ lv'yVc the Property Orvoer(,,) a partyin any active or threatened lawsuit(sl or other legal action(,,;)' ❑ ❑ Has(* the ProperlvO%vner(s) had pmperlyforeclosed or give title or deedin lieu thereof, ❑ ❑ Has(ve) the Property canners} compromised a debtor inodfred a mortgage loan in the last 12 months? Vil m m For the listed instirance policy typeq, is there art active insurance policy for this property' YES No ❑ ❑ Firc and Hazard instu-mce? ❑ ❑ Ctnerrij Liability insurance? ❑ 1:1 Flood Insurancel Please check- here ifnot in flood zone= U- SAMAS CAPITAL RFQLJRFD A TTACHAMNTS: ❑ uompletw rent r0fislorm ❑ Signed lendej, consent for 'each montgage m the property, to be improved ❑ 12month payment histotyfox each mortgage on the property to be improved (account history pfint OUt (PlefelTed) or mortgage statemente ❑ Profit and Ums Statements and Tax Rdumz for past two v rs. Pr 0 D Oswd Im m (w em meal s — C mtr a cf iu Di d (si (x C orra w I f a i KPT i igi n PI (Op fj,4,, APPLICAN'T(S) By qgningg- this Applicati,-,rn, the undersigned hereby declares under penalty cif per ury under the laws of the State ofCalif-mria that all property ownerLs.) and/or trustees have read understand, and agree to all sections of the Prograni Handbook and that all inforniation set forth in this Aipplication is true, accurate, aid complete, (Applicant signatUT-0 (Applicant Signature (Printe4Name, Business Name, Title (il'applicable)) (Printed Name, Busine.�., Narne,Titic Cif applicable)) (Date) (Date) (Applicant Sign aturo) (Date) (Printed Name. Business Name. Title (if applicable)) (Printed Name, Bw;iness Name, Title (if applicable)) 25 00hero, RENT ROLL DETAILS FORM fi U, &AIIA,"i CAPITAL T, Unit Unit Tenant Name Square Monthly Tenn Occupied I Comments Type Feet Rent I I Yes or N09 I start I End I Rent Roll Certification, 11',A,'e cmifv that the above information, dated for the property located at is,,,are true and correct. B y: Title: 9 wo M w= EAMBIT A PROPOSFD RUMDINGINIPROVETUFN-IS M. dq �: Energy S—i.p/ Pr.d—fi— (* Udts )! sr .•• 0- SAMAS CAPITAL ?IYodet u: Descrsgaan:. __ Brand: M. del Q—bty: $— ....... ...... ... Efficiency- L—& ............... .................. ... . ....... ................ . ....... E"i..wd A--d E—*, Sacinnsf had—ti- ................... TTENUZED ESTIMATED COST OF INWROWME-N-r(S) A- (D Consbuction contract(s) (lid price fa cost of materials and labor less any S--- aWlicablerebat�l: andlor (ji) If self-installing, cost of eqrnpment (less applicable rebates; do not include wly S labor costs): ................ B. EnerU a,-sessmentiaurfit oxts; C Draft, engineering amVor plan preparation costs: D. Estimated Permit feeF, S E Recordmg Fee for Assessment Dien document-, and a.-e�aerrt contract, Sit by state $ ]a%, and tire County, RccordeC.s Office F. 'ntle Costs $ ........... . . ..... . ...... ..................... . Cr. Other Plvase fisA (Attach separate sheet(s) txplainfixg, other cods if needed) Other Other-. Requested Financing.Ainount: This requested amount is the maximum arnount that can be fundecL Lom Term (5, 10, 15, 20 years): M I Fill in all mamctm a mb-contractor, working cn Ifieproposed proj ect w = = � 0, SA M AS CA P I T-1i 1, CON. TRACTOR ORSUB-CONURACTOR Col"TIL."CTOR Co-NMONY CONTRACTORNAW CONTRACTOR LICENSE fi 3 .......... . .... . ..... ....................... . .................. . ............ . . . .. . .. .............. C.—a., ur Sub C..t,.Mw C-t—n- tir Sub,C-M-t. 6 ci-ko—, C--,—a-r or Sub -Can accm 7 C-t—t- ar s b C-u.a. cideo— S.h-c-t—t- 9 Ci-kOne. 28 0UPON f' Draft Assessment Contract CALIFORNIA HERO PROGRAM AGREEMENT CONTRACT •+ -1• This Assessment Contract (this "Contract ") is made and entered into as of this day of , 20_, by and between the Western Riverside Council of Governments, a joint exercise of powers authority (the "Agent "), and the record owner(s) (the "Property Owner ") of the fee title to the real property identified on Exhibit A (the "Property") RECITALS WHEREAS, the Agent is a joint exercise of powers authority the members of which include numerous cities and counties in the State of California; and WHEREAS, the Agent has established the California HERO program (the "California HERO Program ") to allow the financing of certain renewable energy, energy efficiency and water efficiency improvements that are permanently fixed to real property (the "Authorized Improvements ") through the levy of contractual assessments pursuant to Chapter 29 of Division 7 of the Streets & Highways Code ( "Chapter 29 ") and the issuance of improvement bonds under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 and following) (the "1915 Act ") upon the security of the unpaid contractual assessments; and WHEREAS, Chapter 29 provides that assessments may be levied under its provisions only with the free and willing consent of the owner of each lot or parcel on which an assessment is levied at the time the assessment is levied pursuant to a contract between the property owner and the public agency; and WHEREAS, the Agent has conducted the proceedings required by Chapter 29 with respect to the territory within the boundaries of the City or County identified in Exhibit A and which has elected to participate in the California HERO Program (the "Participating Entity "); and WHEREAS, the Property is located in the boundaries of the Participating Entity, and the Participating Entity has consented to (i) owners of property within its jurisdiction (the "Participating Property Owners ") participating in the HERO Program and (ii) the Agent conducting assessment proceedings under Chapter 29 and issuing bonds under the 1915 Act to finance the Authorized Improvements; and WHEREAS, pursuant to Chapter 29, the Agent and the Property Owner wish to enter into a contract pursuant to which the Property Owner would agree to pay an assessment in order to finance the installation on the Property of the Authorized Improvements described in Exhibit B (the "improvements ") and the Agent would agree to provide financing, all on the terms set forth in this Contract; NOW, THEREFORE, in consideration of the foregoing and the material covenants hereinafter contained, the Property Owner and the Agent formally covenant, agree and bind themselves and their successors and assigns as follows.. 01 Phera Program Report AGREEMENT Section 1. Purpose. The Property Owner and the Agent are entering into this Contract for the purpose of financing the installation of the Improvements identified on Exhibit B on the Property. The Agent will not finance installation of Improvements other than those listed on Exhibit B. Section 2. The Property. This Contract relates to the real property identified on Exhibit A. The Property Owner has supplied to the Agent current evidence of its ownership of fee title to the Property and possesses all legal authority necessary to execute this Contract on behalf of the Property Owner. Section 3. Contract to Pay Assessment; Prepayment; Non - Completion Assessment (a) Payment of Assessment. The Property Owner hereby_ freely and willingly agrees to pav the assessment set forth on Exhibit B (the "Assessment "). The Agent will not provide financing in an amount in excess of the Assessment. Except as otherwise set forth in this Contract, the Assessment will be paid in the installments set forth in Exhibit B. Interest will accrue on the Assessment at the interest rate set forth on Exhibit B beginning on the date on which the Agent issues bonds to finance the installation of the Improvements. (b) Administrative Expenses. The Property Owner hereby acknowledges that, pursuant to the 1915 Act, including Sections 8682(b) and 8682.1(a), the Agent may add amounts to an annual installment of the Assessment in order to pay for the costs of collecting the Assessment (the "Additional Administrative Assessment "). (d) Prepayment of the Assessment. The Assessment may be prepaid, in whole or in part in increments of $5,000, at any time upon the payment of (a) the whole or a portion of the unpaid principal component of the Assessment, (b) the accrued but unpaid interest component of the whole or applicable portion of the unpaid principal component of the Assessment through the prepayment date, (c) a prepayment premium in the amount set forth on Exhibit B and (d) the reasonable costs of the Agent related to such prepayment. (d) Absolute Obligation. The Property Owner hereby agrees that the Assessment will not be subject to reduction, offset or credit of any kind in the event that the bond or bonds secured thereby are refunded or for any other reason. Section 4. Collection of Assessmenfi Lien. The Assessment, the interest and penalties thereon as a result of a delinquency in the payment of any installment of the Assessment, and the Additional Administrative Assessment shall constitute a lien against the Property until they are paid and shall be collected and shall have the lien priority as set forth in Chapter 29. The Property Owner acknowledges that if any Assessment installment is not paid when due, the Agent has the right to have such delinquent installment and its associated penalties and interest stripped off the secured property tax roll and immediately enforced through a judicial foreclosure action that could result in a sale of the Property for the payment of the delinquent installments, associated penalties and interest, and all costs of suit, including attorneys' fees. The Property Owner acknowledges that, if bonds are sold to finance the Improvements, the Agent may obligate itself, through a covenant with the owners of such bonds, to exercise its judicial foreclosure rights with respect to delinquent Assessment installments under circumstances specified in such covenant. 91 Phera Program Report Section 5. Financing of the Improvements. (a) Contract to Finance Improvements. The Agent hereby agrees to use the Assessment, together with the Additional Administrative Assessment, to finance the improvements, including the payment of the Agent's reasonable costs of administering the California HERO Program, subject to the Property Owner's compliance with the conditions for such financing established by the Agent. (b) Assessment Installments. The Property Owner agrees to the issuance of bonds by the Agent to finance the installation of the Improvements. The interest rate used to calculate the Assessment installments set forth on Exhibit B is identified on Exhibit B. If the Agent determines in its reasonable discretion that the Assessment installments may be reduced because the applicable interest rate on the bonds issued to finance installation of the Improvements is lower than the interest rate specified in Exhibit B, or if the cost of the Improvements, as shown in a final invoice provided to the Agent by the Property Owner, is less than the amount shown on Exhibit B, then, concurrently with the disbursement of funds to the Property Owner, the Agent may provide the Property Owner with a schedule of annual Assessment installments that provides for annual installments that are less than those set forth in the attached Exhibit B. Section 6. Term: Contract Runs with the Land: Subdivision. (a) Except as otherwise set forth in this Contract, this Contract shall expire upon the final payment or prepayment of the Assessment. (b) This Contract establishes rights and obligations that are for the benefit of the Property and, therefore, such rights and obligations run with the land pursuant to Civil Code Section 1462. (c) In the event the Property is subdivided while the Assessment remains unpaid, the Assessment will be assigned to the newly- created parcel on which the Improvements are located. If the Improvements no longer exist, the Assessment will be assigned to each of the newly- created parcels on a per -acre basis, unless the Agent, in its sole discretion, determines that the Assessment should be allocated in an alternate manner. Section 7. Recordation of Documents. The Property Owner hereby authorizes and directs the Agent to cause to be recorded in the office of the County Recorder the various notices and other documents required by Chapter 29 and other applicable laws to be recorded against the Property. Section 8. Notice. To the extent required by applicable law, the Property Owner hereby agrees to provide written notice to any subsequent purchaser of the Property of the obligation to pay the Assessment pursuant to this Contract. Section 9. Waivers, Acknowledgment and Contract. Because this Contract reflects the Property Owner's free and willing consent to pay the Assessment following a noticed public hearing, the Property Owner hereby waives any otherwise applicable requirements of Article XIIID of the California Constitution or any other provision of California law for an engineer's report, notice, public hearing, protest or ballot. The Property Owner hereby waives its right to repeal the Assessment by initiative or any other action, or to file any lawsuit or other proceeding to challenge the Assessment or any aspect of the proceedings of the Agent undertaken in connection with the California HERO Program. The Property Owner hereby agrees that the Property Owner and its successors in interest to fee title in the Property shall be solely responsible for the installation, operation and maintenance of the Improvements. The Property Owner hereby acknowledges that the Property will be responsible for payment of the Assessment regardless of whether the improvements are properly installed, operated or maintained as expected. 31 Program Report The Property Owner hereby agrees that the Agent is entering into this Contract solely for the purpose of assisting the Property Owner with the financing of the installation of the Improvements, and that the Agent and the Participating Entity have no responsibility of any kind for, and shall have no liability arising out of, the installation, operation, financing, refinancing or maintenance of the Improvements. Based upon the foregoing, the Property Owner hereby waives the right to recover from and fully and irrevocably releases the Agent, the Participating Entity and any and all agents, employees, attorneys, representatives and successors and assigns of the Agent and the Participating Entity from any and all losses, liabilities, claims, damages (including consequential damages), penalties, fines, forfeitures, costs and expenses (including all reasonable out -of- pocket litigation costs and reasonable attorney's fees), relating to the subject matter of this Contract that the Property Owner may now have or hereafter acquire against the Agent, the Participating Entity and any and all agents, employees, attorneys, representatives and successors and assigns of the Agent or the Participating Entity. To the extent that the foregoing waivers and agreements are subject to Section 1542 of the California Civil Code or similar provisions of other applicable law, it is the intention of the Property Owner that the foregoing waivers and agreements will be effective as a bar to any and all losses, liabilities, claims, damages (including consequential damages), penalties, fines, forfeitures, costs and expenses (including all reasonable out -of- pocket litigation costs and reasonable attorney's fees), of whatever character, nature and kind, known or unknown, suspected or unsuspected, and Property Owner agrees to waive any and all rights and benefits conferred upon the Property Owner by the provisions of Section 1542 of the California Civil Code or similar provisions of applicable law. Section 1542 reads as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." By initialing below, the Property Owner agrees to waive the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases. Property Owner's Initials: The waivers, releases and agreements set forth in this Section 9 shall survive termination of this Contract. Section 10. Indemnification. The Property Owner agrees to indemnify, defend, protect, and hold harmless the Agent, the Participating Entity and any and all agents, employees, attorneys, representatives and successors and assigns of the Agent or the Participating Entity, from and against all losses, liabilities, claims, damages (including consequential damages), penalties, fines, forfeitures, costs and expenses (including all reasonable out -of- pocket litigation costs and reasonable attorney's fees) and any demands of any nature whatsoever related directly or indirectly to, or arising out of or in connection with (i) the Property Owner's participation in the California HERO Program, (ii) the Assessment, (iii) the Improvements, or (iv) any other fact, circumstance or event related to the subject matter of this Contract, regardless of whether such losses, liabilities, claims, damages (including consequential damages), penalties, fines, forfeitures, costs and expenses (including all reasonable out -of- pocket litigation costs and reasonable attorney's fees) accrue before or after the date of this Contract. The provisions of this Section 10 shall survive the termination of this Contract. Section 11. Right to Inspect Property. The Property Owner hereby grants the Agent, its agents and representatives the right to enter at any reasonable time, upon reasonable notice, to inspect the Improvements. The Property Owner further hereby grants the Agent, its agents and representatives the right to examine and copy any documentation relating to the Improvements. 32 Section 12. Carbon Credits. The Property Owner hereby agrees that any carbon credits attributable to the Improvements shall be owned by the Agent. Section 13. HERO Application. The Property Owner hereby represents and warrants to the Agent that the information set forth in the California HERO Program Application submitted to the Agent in connection with its request for financing is true and correct as of the date hereof, and that the representations set forth in the California HERO Program Application with respect to the Property and the Property Owner are true and correct as of the date hereof as if made on the date hereof. Section 14. Amendment. Except as set forth in Section 5(b), this Contract may be modified only by the written agreement of the Agent and the Property Owner. Sectinn 1 F; Binrrin� Efr °Ct AsSIG'nment. Thies r + ��+ n �o� + +h h +;+ + A ' t ' d' I d. .. . i Contract inures to t is benefit o anu is binding upon ❑ e Agent, the Properly Owner and their respective successors and assigns. The Agent has the right to assign any or all of its rights and obligations under this Contract without the consent of the Property Owner. The obligation to pay the Assessment set forth in this Contract is an obligation of the Property and no agreement or action of the Property Owner will be competent to impair in any way the Agent's rights, including, but not limited to, the right to pursue judicial foreclosure of the Assessment lien or the right to enforce the collection of the Assessment or any installment thereof against the Property. Section 16. Exhibits. The Exhibits to this Contract are incorporated into this Contract by this reference as if set forth in their entirety in this Contract. Section 17. Severability. If any provision of this Contract is held invalid or unenforceable by any court of competent jurisdiction, such holding will not invalidate or render unenforceable any other provision of this Contract. Section 18. Corrective Instruments. The Agent and the Property Owner agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required in order to carry out the expressed intention of this Contract. Section 13. Governing Law: Venue. This Contract is governed by and construed in accordance with the laws of the State of California. Any legal action brought under this Contract must be instituted in the Superior Court of the County of , State of California; provided, however, actions to foreclose delinquent installments of the Assessment will be instituted in the superior court of the County or as otherwise provided by law. Section 20. Counterparts. This Contract may be executed in several counterparts, each of which is an original and all of which constitutes one and the same instrument. Section 21. Contract Documents. Property Owner understands and acknowledges that the entire agreement between Property Owner and Agent includes each and every document specified in the List of Documents contained in Exhibit B to this Contract (together, the "Contract Documents "). By executing this Contract Property Owner acknowledges and agrees that: a. Property Owner has had sufficient time to review and has reviewed each of the Contract Documents and has had the opportunity to ask any questions to the Agent that Property Owner may have regarding such Contract Documents. b. Property Owner has reviewed, understands and agrees to each and every additional requirement and term contained in Appendix B to the HERO Residential Program Handbook (the "Handbook "). 33 M MIME=- C. Property Owner has reviewed, understands, agrees to and affirms each and every representation and warranty contained in the Property Owners application and the Handbook, IN WITNESS WHEREOF, the Agent and the Property Owner have caused this Contract to be executed in their respective names by their duly authorized representatives, all as of the date first above written. IN WITNESS WHEREOF, Owner and Agent have entered into this Contract as of the Effective Date. Owner 1: Owner 2: [OWNER 1 NAME] [OWNER 2 NAME] Owner I Name (Please Print) Owner 2 Name (Please Print) Rv� Rv Owner I Signature Owner 2 Signature Date of Execution by Owner 1: Date of Execution by Owner 2.- ,20 120 Date Year Date Year Agent: Executive Director and/or his or her designee Name (Please Print) By: Agent Signature Date of Execution by Agent: 34 I���| Description of Property: 0wner(a)Nume(s): Property Address: Participating Member Agency: Description of Products: The Products include the following: [List of Products] Or similar energy efficient product which is allowed under the Program Guide. Notice Information: 35 LIST OF CONTRACT DOCUMENTS, DISBURSEMENT, AND SCHEDULE OF ANNUAL ASSESSMENT INSTALLMENTS, INCLUDING PRINCIPAL, INTEREST AND ANNUAL ASSESSMENT ADMINISTRATIVE FEE List of Contract Documents: The Contract shall consist of the following documents: ^ This Contract and the exhibits hereto; ° The Application; ° The Completion Certificate, ° The Assessment Cost and Payment Summary; ° The Notice ofAaaesnment . � The Payment of Contractual Assessment Required; ° The California HERO Residential Program Handbook ° The California HERO Pnugnamwmboite located at . The Maximum Disbursement Amount is The Estimated Disbursement Date will bano later than , which date is used in the table below. Schedule of Estimated Maximum Annual Assessment Installments: The schedule of the estimated maximum Annual Assessment Installments is based on the following assumptions: 1 The Agent disburses the Maximum Disbursement Amount toOwner. 2 Interest totaling a maximum of $_ will accumulate until your first Payment. That amount will be added io Owner's Maximum Disbursement Amount. 3. The Agent disburses to Owner on the Estimated Disbursement Date. 4 The Assessment Interest Rate in 96 5 The Annual Percentage Rate (4PR)of your assessment io APR ia the Effective Cost uf Credit in consumer loans and real estate loans expressed as a percentage interest rate. The annual percentage rate iothe interest rate the borrower actually pays, including fees required in order to participate in the program. 6. The total administrative fees, recording fees and annual assessment added to your assessment is $ 36 . �-... Tax Year (commencing Jul 1) Principal (a) Interest (b ) Administrative Expenses(c) Total (a ) (b ) + (c) 20_- 20 or March 2, September 2, or March 2, September 2, 20 - 20 September 2, or any interest payment date thereafter 20 - 20 20- 20 20-20 20 -20 20 -20 20 -20 20 -_20_ 20 -20 20 -20 20 - 20 20 -20 20 -20 20 -20 20 -20 20 -20 20 -20 20�- 20 20 - 20 *Initial Tax Year FOLLOWING THE DISBURSEMENT OF THE DISBURSEMENT AMOUNT THE PROGRAM ADMINISTRATOR WILL ADJUST THE ASSESSMENT AND THE ESTIMATED MAXIMUM ANNUAL ASSESSMENT INSTALLMENTS IF NECESSARY TO REFLECT THE ACTUAL ASSESSMENT BASED UPON THE ACTUAL DISBURSEMENT AMOUNT THE ACTUAL DATE OF DISBURSEMENT AND THE ACTUAL AMOUNT OF INTERESTDUE AND PAYABLE BEFORE THE FIRST PAYMENT ADDED TO THE DISBURSEMENT AMOUNT. THE ACTUAL AMOUNT OF THE ASSESSMENT AND SCHEDULE OF ANNUAL ASSESSMENT INSTALLMENTS SHALL BE SPECIFIED IN THE "PAYMENT OF CONTRACTUAL ASSESSMENT REQUIRED" TO BE RECORDED BY THE AUTHORITY IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF Prepayment You have a right to pay off your assessment lien amount in full, or in part in increments of $5,000 at any time pursuant to Section 11 of the Assessment Contract. However, if you do so, you will have to pay (i) the principal amount of the assessment to be prepaid (the "Assessment Prepayment Amount "), (ii) a prepayment premium if you prepay within the first five years from the Effective Date (if you prepay after the first five years, there is no prepayment premium), see table below, (iii) interest on the Assessment Prepayment Amount to the earlier of March 2 or September 2 occurring at least 90 days following the date of the prepayment is made, and (vi) a processing fee (not to exceed $500). The prepayment premium shall be the percentage of the principal amount of the Assessment to be prepaid as follows: Next Bond Interest Payment Date September 2, or March 2, September 2, or March 2, September 2, or March 2, September 2, or March 2, September 2, or March 2, September 2, or any interest payment date thereafter Prepayment Premium 5% 4% 3% 3% 3% 0% 37 NOTICE 0PA8SE08MENT RECORDING REQUESTED By& WHEN RECORDED RE, TURN TO: Western Riverside Council ofGovernments 40VU Lemon Street, 3'd Floor Riverside, CA 92501 File No: NOTICE OFASSESSMENT CALIFORNIA HERO PROGRAM FOR COUNTY STATE DFCALIFORNIA On1 201, the Executive Committee of the Western Riverside Council of Governments (^VVRCOG"). County of Riverside, State of California, adopted its Resolution No, ____(the "Resolution") whereby the Executive Committee approved a report (the "Program Report") prepared by the Executive Director , in accordance with Section 5898.22 of Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code ("Chapter 29"), established the California HERO Program (the "Program") to be implemented as provided in the Program Report, confirmed that voluntary contractual assessments may be levied against parcels within the jurisdictions participating in the Program (the "Program Anaa'') within the parameters of the Program Report to finance certain distributed generation renewable energy sources and/or energy efficiency improvements, including water efficiency improvements (the "Improvements"). Pursuant to the requirements nf Sections 5OS8.32of the Streets and Highways Code.theundersigned Secretary of the Executive Committee of WRCOG, at the direction of such Executive Committee, HEREBY GIVES NOTICE that pursuant to Chapter 29, the Resolution, and the Program Report, as initially approved and as amended to date, WRCOG and the record owner(s) (the "Record Owners") of the real property described on Exhibit "A" to this Notice, attached hereto and incorporated herein by reference (the "Property") have entered into an assessment contract with WRCOG (the "Assessment Contract"), a copy of which is contained in Exhibit ''B''tothis Notice, attached and incorporated herein by this reference. Pursuant to the Assessment Contract, WRCOG is making a disbursement in the principal amount of (the "Disbursement") to the Record Owners of the Property to finance the acquisition and installation and/or construction on the Property of the Improvements identified in the Assessment Contract. Pursuant to the Assessment Contract, the Record Owners agree that the Property is subject to an assessment levied against the Property pursuant to Chapter 29 in the principal amount of the Disbursement, as provided in the Assessment Contract, together with fees and interest thereon, for a total Assessment in the amount of (the "Assessment") as set forth in the payment schedule on Exhibit " — " to the Assessment Contract. In addition. eu long as the Assessment io unpaid. the Record Owners agree that the Property is subject to an annual administrative assessment levied against the Property to pay costs W of WRCOG which result from the administration and collection of the Assessment and from the administration or registration of any associated bonds or other financing arrangement, as described in the Report, and from the administration of any reserve fund and other related funds (the "Annual Administrative Aesessnnent^). The Annual Administrative Assessment shall not exceed per annum. NOTICE IS FURTHER GIVEN that upon the recording of this notice in the office of the County Recorder, the Assessment shall become a lien upon the Property. |n addition, the Annual Administrative Assessment shall become a lien upon the Property at the same time as property taxes upon the Property become a lien each year. Secretary toVVRC(]G Executive Committee Western Riverside Council of Governments M PAYMENT OF CONTRACTUAL As9DSSMENT0D00IRED RECORDING REQUESTED By& WHEN RECORDED RETURN TO.- Western Riverside Council o[Governments 408O Lemon St.`3 m Floor, kIS]032 Riverside, CA 92501-3609 File No: Pursuant to the requirements of Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code, as amended, commencing with Section 5898.10 (the "Act"), including without limitation Section 5898.24(d) of the Act, and in furtherance of Section 11 02.6b of the California Civil Code, Western Riverside Council of Governments ("WRCOG") hereby provides notice of the levy and collection by WRCOG of a contractual assessment under the California HERO Program (the "Program"), established and authorized pursuant to the Act. Pursuant to the Act and the Program, WRCOG and the current owner(s) described below (the "Owners") of the real property (the "Property") described herein have entered into that certain assessment contract entitled, "Assessment Contraut.^dated oauf. 20__. by and between VVRC{)G and the Owners (the "Assessment Contnact'). Pursuant to the Assessment Contract and the Act, the Owners have requested and voluntarily agreed to WRCOG's imposition of a contractual assessment against the Property (the "Contractual Asnessrnent''\.vvhiohiegeneraUycn||ectedbytheCountyof_______.onbeha|fnf VVRC{}G. through the consolidated property tax bill. CurrmntOmomer(s): Legal Description of Property and Assessor's Parcel Number: See Exhibit ^A^ attached hereto. Annual Amount of Contractual Assessment: See Exhibit "B" attached hereto. Expiration of the Contractual Assessment: The dote upon which the Contractual Assessment and all accrued interest thereon, together with any applicable penalties, costs, fees and other charges, have been paid Purpose for Which Funds Will BeUsed: The funds from the Contractual Assessment tnbe paid toVVRCDGor its designee ondnhaU5nonmatheaoquisUjonandoonstnuntiVn and/or installation on the Property of the renewable energy system(s), energy efficiency and/or water efficiency improvement(s) which are permanently affixed to the Property and identified in the Assessment Contract (the ^VVork''). 40 Contact Information: More information regarding the Contractual Assessment may be obtained by contacting WRCOG at 4080 Lemon Street, 3rd Floor, Riverside, CA 92501, tel: (951) 955-7985. Dated: , 20 Program Administrator 41 SCHEDULE OF ASSESSMENT INSTALLMENTS, INTEREST THEREON, AND THE MAXIMUM ADMINISTRATIVE Tax Year Interest Principal Total Loan payment Maximum Annual Administrative Assessment Expense Total Maximum Contractual Assessment � I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 42 P A - R, K TO: Honorable Mayor and Members of the City Coi FROM: Daniel DATE: June 5, 2013 SUBJECT: AUTHORIZE AN ENVIRONMENTAL CONSULTANT SERVICES AGREEMENT upia0em This report requests City Council consider authorizing an Environmental Consultant Services Agreement with John L. Hunter and Associates, Inc. (JLHA) for program Management support of the City's Municipal Stormwater - National Pollutant Discharge Elimination System (NPDES), Industrial Waste Discharge (IWD) and Used Oil Payment Programs (UOPP) in an amount of $69,865 per fiscal year for three years. BACKGROUND The City has three environmental programs that it currently administers. The NPDES program is a required component of the City's Municipal Storm water Permit with the Los Angeles Regional Board and ensures that developers, and businesses comply with the requirements of the permit. The IWD program is required by the County Sanitation District to ensure that industry does not discharge harmful substances to the sewer system in excess of established limits. The UOPP program is responsible for the local collection and recycling of used oil and oil filters. Staff developed a request for proposals (RFP) of a comprehensive environmental program the NPDES, IWD, and UOPP programs. The RFP was structured so that firms could submit proposals on any combination of the three environmental programs. The RFP was sent to over ten environmental firms specializing in these programs. On May 2, 2013 staff received three proposals. Staff reviewed the proposals and selected the best firm based on their responsiveness to the RFP, their understanding of program requirements and objectives, and cost. JLHA submitted a proposal for all three programs. KJ Services proposed to provide service for the UOPP and TECS proposed on the NPDES program only. JHLA— Authorize an Environmental Consultant Services Agreement Page 2 of 2 June 5, 2013 All three of these firms have had prior working relationships with the City on these programs through separate contracts. DISCUSSION The City received three proposals, and a committee of city staff reviewed the proposals and selected JLHA as providing the best combination of quality with the lowest cost. An opportunity for cost savings may be achieved by combining required sight visits with mandated inspections for the various programs. The Consultant Services Agreement is attached. The Scope of Work is shown in Exhibit A, the Compensation (fee) is shown in Exhibit B, and the Schedule of Performance is shown in Exhibit C. A comparison of annual proposal cost is shown in the following table. Firm JLHA KJ SERVICES TECS UOPP $19,925 $21,995 No proposal IWD $24,995 No proposal No proposal NPDES $24,945 No proposal $27,625 FISCAL IMPACT This recommended action will result in no impact on the General Fund. The following table shows the sources of funds available for each of the programs. Combined there is approximately $74,000 available annually. The recommended agreement with JLHA is for $69,865 annually. Program UOPP IWD NPDES Source of Funds Used Oil Grant Permit and Developer Fees and Inspection Fees Fines Amount of Funds $21,000 $28,000 $25,000 RECOMMENDATION It is recommended that the City Council authorize a Consultant Services Agreement with John L. Hunter and Associates, Inc. (JLHA) in the amount $69,865 per year for three years and authorize the Mayor to execute the attached agreement. /AiiFAM01►�i1���ir Consultant Services Agreement CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 5th day of June, 2013 by and between the City of Baldwin Park, ( "City "), and John L. Hunter and Associates Inc. ( "Consultant "). In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" attached to and incorporated into this Agreement as Exhibit "A." Additional Agreement provisions, if any, are contained in "Additional Provisions" attached to and incorporated into this Agreement as Exhibit "D." 2. COMPENSATION. City shall pay for the services performed by Consultant pursuant to the terms of this Agreement at the time and manner set forth in the "Schedule of Compensation" attached to and incorporated into this Agreement as Exhibit "B." 3. TIME FOR PERFORMANCE. Time is of the essence in the performance of this Agreement. Consultant shall commence and complete the services in this Agreement within the time period shown on "Schedule of Performance" attached to and incorporated into this Agreement as Exhibit "C." 4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel, equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Consultant shall be free to contract for similar services to be performed for other entities while under contract with City. Consultant is not an agent or employee of City, and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Consultant shall be responsible to pay and hold City harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder. 6. ASSIGNMENT. This Agreement is for the specific services with Consultant as set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; except that Consultant may assign payments due under this Agreement to a financial institution. 7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein. 8. COMPLIANCE WITH LAW. Contract services shall be provided in accordance with the applicable laws and regulations of all governmental agencies that are in force at the Consultant Services Agreement — John L. Hunter and Assoc. Page 2 of 9 staying abreast of all such laws and ensuring that all services provided hereunder conform with such laws. The terms of this Agreement shall be interpreted according to the laws of the State of California. 9. LIABILITY. Consultant shall indemnify, hold harmless, and defend City, its officials, officers, and employees against any and all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any judgment rendered against City and /or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity to the proportionate extent arising out of Consultants' negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions of Consultant, it's agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees. 10. INSURANCE. Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent Consultants' liability) with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the City. (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (E) Prior to commencement of services hereunder, Consultant shall provide City with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall Provide: (1) the City, and its officials, officers, agents and employees are named as additional insured (with the exception of Professional Liability and Worker's Compensation); (2) the coverage provided shall be primary (with the exception of Professional Liability and Worker's Compensation) as respects to City, its officials, officers, agents or employees; moreover, any insurance or self - insurance maintained by City or its officials, officers, agents or employees shall be in excess of Consultants' insurance and not contributed with it. Consultant Services Agreement — John L. Hunter and Assoc. Page 3 of 9 (3) the insurer shall provide at least thirty (30) days prior written notice to City of cancellation or of any material change in coverage before such change or cancellation becomes effective. (F) With respect to Workers' Compensation Insurance, the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by Consultant for City, and the insurer's agreement in this regard shall be reflected in the Workers' Compensation Insurance endorsement. 11. OWNERSHIP OF DOCUMENTS. All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the property of City. City's ownership of documents includes any and all analysis, computations, Plans, correspondence, and /or other pertinent data, infnrmatinn rinni iments, and computer media, including disks and other materials gathered or prepared by Consultant in performance of this Agreement. Such work product shall be transmitted to City within ten (10) days after a written request therefore. Consultant may retain copies of such products. Any re -use by City shall be at the sole risk of City and without liability to Consultant. 12. RECORDS AND INSPECTIONS. Consultant shall maintain full and accurate records with respect to all services and matters covered under this Agreement. City shall have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Consultant shall maintain an up -to -date list of key personnel and telephone numbers for emergency contact after normal business hours. 13. TAXPAYER IDENTIFICATION NUMBER. Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W -9, as issued by the Internal Revenue Service. 14. CONFLICT OF INTEREST. Consultant agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and Consultant shall comply with all applicable federal, state and county laws and regulations governing conflict of interest. 15. POLITICAL ACTIVITY /LOBBYING CERTIFICATION. Consultant may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awarding of any federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the election of candidates for public office during time compensated under the representation that such activity is being performed as a part of this Agreement. 16. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or without cause, in its sole discretion, with thirty (30) days written notice. 17. EFFECT OF TERMINATION. Upon termination as stated in Paragraph "16" of this Agreement, City shall be liable to Consultant only for work performed by Consultant up to and including the date of termination of this Agreement, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant shall be entitled to payment for work satisfactorily completed to date, based on proration of the Consultant Services Agreement — John L. Hunter and Assoc. Page 4 of 9 compensation set forth in Exhibit "B" attached hereto. Such payment will be subject to City's receipt of a close -out billing. 18. LITIGATION FEES. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including reasonable attorney's fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney's fees paid and /or incurred in good faith. "Prevailing Party" shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles County. This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties' mutual settlement, arbitration, or mediation of the dispute. 19. COVENANTS__Amn rmmnITIONS; Ea=h terms acrd eaih pivvsivn of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition. 20. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between the City and Consultant. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns. 20. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties. 21. DESIGNATED REPRESENTATIVES. The Consultant Representative (A) designated below shall be responsible for job performance, negotiations, contractual matters, and coordination with the City. The City Representative (B) designated below shall act on the City's behalf as Project Manager. (A) CONSULTANT John L. Hunter and Associates Inc. 6131 Orangethp- Avenue Suite 350 Buena Park, CA 90620 (B) Daniel Wall, P.E. Director of Public Works City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 22. NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City's Designated Representative identified in Paragraph "21" of this Agreement. Consultant shall send a copy of all notices to the City Attorney. City Attorney: Joseph Pannone / Aleshire & Wynder, LLP Continental Park Terrace 2361 Rosecrans Avenue, Suite 475 Consultant Services Agreement — John L. Hunter and Assoc. Page 5 of 9 El Segundo, CA 90245 -4916 (310) 527 -6663 23. THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party, against either Consultant or City. 24, WAIVER OF CONSEQUENTIAL DAMAGES. Neither party shall be responsible to the other for any special, incidental, indirect, exemplary, punitive, penal or consequential damages (including lost profits) incurred by the other party or for which either party may be liable to any third party. 25. STANDARD OF CARE. Consultant will perform services in a manner consistent with that level of care and skill ordinarily exercised by O +her members Consultant's skill .� �, �� � of �� ��u,�a„t -s profession currently practicing in the same locality under similar conditions. 26. SAFETY. Neither the professional activities of consultant, nor the presence of Consultant's employees or sub - consultants at the construction /project site(s), shall relieve the General Contractor(s) of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the Work in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. ATTEST: City Clerk CITY OF BALDWIN PARK By: Manuel Lozano, Mayor Dated: CONSULTANT: FIRM NAME By: Name: Dated: Title: Address: Telephone: Consultant Services Agreement — John L. Hunter and Assoc. Page 6 of 9 MS4 Permit Services, 11V and Used Oil Programs Proposal Table 2: Summary of Related FOG Control Experience Inventory/ Manage Prioritize Permit Review Provide Inspect Client Program Facilities Facilities Plans Outreach Facilities Enforce Arcadia MG MG MG JH/MG AC (JLHA) (JLHA) Baldwin Park JLHA) MG MG fH/MG AC (JLHA) (JLHA) { . Big Bear Lake (City) CM (City) (City) AC MG MG Hawthorne MG MG MG JH/MG AC (JLHA) (JLHA) Manhattan Beach I City/CM (City) (City) (City) (City) MG MG k Signal Hill CM CM (JLHA) JH/MG AC (JLHA) {JLHA) € South El Monte � (JLHA) (JLHA) (JLHA) JH AC (JLHA) (JLHA) South Gate j MG MG MG JH/MG AC (JLHA) (JLHA) South Pasadena CM/City CM 1C;ty) -;ty= AC Stanton CM CM CM JH /MG AC MG MG In addition to the experience listed in the above tables: • JLHA manages the Clean Bay Restaurant (CBR) Program for the City of Rancho Palos Verdes and conducts CBR /FOG inspections for the City of Manhattan Beach. • Team members Jillian Brickey and Cameron McCullough have represented clients in several NPDES MS4 program audits by the Regional Water Quality Control Board. This includes audits of Big Bear Lake (2007), Seal Beach (2006, 2010) and Stanton (2010). III. GENERAL SCOPE OF SERVICES The general scope of services provided under this proposal will consist of the following environmental consulting services for the period of July 1, 2013, through June 30, 2016: TASK 1- Industrial Waste Control in support of the City of Baldwin Park Municipal Code. Areas of service include: • Permit compliance inspections • Non - compliance investigations • Permitting and reviewing plans • Annual billing • Assisting with Industrial Waste program management TASK 2 - NPDES MS4 Permit (Stormwater) Service for elements of the following Minimum Control Measures (MCMs) of the L.A. Countywide Municipal ]NPDES Stormwater Permit (MS4 Permit): • Assisting with general permit and stormwater program management • Annual report • Public information and outreach • Public agency activities • Industrial /commercial facility inspections • Development planning and construction • Employee training • Illicit connections and discharges John L. Hunter & Associates MS4 Permit Services, IW and Used tail Programs Proposal MS4 Permit provisions not addressed in the detailed description of Task 2 as provided below will be carried out by the City. The new MS4 permit has gone into effect on December 28, 2012, and contains many new requirements and presents the City with many compliance paths. The ultimate cost of this scope of work will depend on the directing the City decides to go. Therefore many of the cost estimates within this scope of work are budgetary allowances and modifications are likely. JLHA will not exceed its estimates without prior approval from the City. It should be noted that several stormwater tasks listed in the scope of work will have to wait until the Watershed Management Program (WMP) or Enhanced WMP (EWMP) is approved by the Regional Board. However, while the WMPs are still being developed, the MS4 permit specifies that the six requirements listed in the Code of Federal Regulations continue to be implemented'. These 6 requirements are: • Public Education /Outreach • Participation /Involvement • Illicit Discharge Detection and Elimination • Construction Site Runoff Control • Post - Construction Runoff Control • Pollution Prevention /Good Housekeeping TASK 3 - UOPP The overall goals are of this program are: 1) To increase opportunity for used oil /filters collection, and 2) To increase public awareness of and commitment to recycling used oil. 3) To keep the payment program in compliance with the State 2 New MS4 Permit part VI.C.4.d i; page 57 John L. Hunter & Associates MS4 Permit Services, IW and Used Oil Programs Proposal A. PROGRAM MANAGEMENT The discharge of wastewater from businesses can damage sewers and cause environmental pollution if not properly managed. The discharge of wastewater from restaurants often causes sewer stoppages, which in the best circumstance results in the overflow of raw sewage to the street. In the worse case, it can cause the sewage to back up into other businesses and even into homes. Approximately 50 cities in Los Angeles County have implemented an Industrial Waste Discharge Program to reduce the likelihood of blockage or damage to the sanitary sewer system. This program includes: 1. Legal authority 2. Inspections 3. Investigations 4. Violation corrections 5. Permitting and plan checking 6. Annual fees to offset program costs Several requirements of the NPDES Storm Water Program are combined with essentially identical elements of this program, resulting in a substantial reduction in overall costs to the city. JLHA will meet with City staff on as needed basis to discuss program status and provide monthly status reports. JLHA will also conduct weekly City Hall visits to pick -up /drop off plans and maintain files -site JLHA will also aid the City in compliance with the Industrial Waste (FOG Control) section of the SSMP. JLHA understands that the County Consolidated Sewer Maintenance District is primarily responsible for Sanitary Sewer Overflow (SSO) response within the City. As such, JLHA does not anticipate involvement with the County's response plan. However at the City's request, JLHA will update this plan on a time and materials basis. [OK G1 11we]-?jM In 1998, the City adopted an Industrial Waste ordinance patterned after the Los Angeles County Industrial Waste Ordinance (Chapter 20.36). This ordinance identifies business categories to be affected, sets standards, operating procedures and fees for the administration of the Industrial Waste Program. Under this ordinance: 1. The discharge of offensive and damaging substances is prohibited. 2. Discharge permits are required of businesses that will be discharging significant quantities of wastewater. 3. The numbers of inspections that are made at each business are based on the type of activity occurring at each specific location. For example, restaurants are inspected once each year, car washes are inspected three times per year. 4. Conditions that constitute a violation of the ordinance are identified as well as a correction protocol. John L. Hunter & Associates � I I L1 n�' PIII MS4 Permit Services, IW and Used E?ii Programs Proposal C. COMPLIANCE INSPECTION There are currently approximately 160 facilities that are permitted for Industrial Waste Discharges. These facilities will require from 1- 4 inspections annually. The typical inspection frequency ranges from once per year for restaurants and service stations and 3 times per year for auto repair facilities and car washes. The inspections are primarily focused on employee education and the proper operation of any existing pretreatment systems, commonly referred to as grease traps or clarifiers. Standard inspection 12rotocol3 (On -site time is 15 to 30 minutes) 1. Inspectors have received 40 -hour OSHA hazardous waste training. 2. Identification cards are worn at all times. 3. If the business owner or manager is not available, a return inspection will be made. 4. Restaurant inspections are not scheduled between 11:30 and 1:30. 5. It is the owner's responsibility to open the pretreatment system for inspection. 6. The discharge is checked for acids, caustics, oils, and sludge. 7. If there has been a history of improper waste handling including spillage, a brief walk through of the facility is made. The results of the inspection are discussed with business personnel. If significant violations are observed, a Notice of Violation is forwarded to the City's Environmental Services officer, for review and signature, if deemed necessary to gain the facilities cooperation in complying with City ordinances. Follow up inspections are conducted as needed /requested by City Staff. D. INVESTIGATIONS JLHA will assist, as requested by the City, with investigating complaints from citizens, City personnel or other sources, regarding improper waste disposal practices. Reports will be completed and maintained in a database, and forwarded to City personnel on a quarterly basis. Incidents such as sewer blockages, or areas observed by City personnel to require increased sewer maintenance may also be investigated at the City's request. The primary goals of investigations are to: Ensure adequate clean -up of the spill or discharge, and To work together with business to avoid a reoccurrence of the incident. Investigations will identify, where possible: 1. The responsible party, 2. The location of the spill or blockage, 3. The types of materials involved, and 4. The cause of the incident 3 To reduce program costs, Industrial Waste inspections can be combined with Storm Water Site Inspections where possible. John L. Hunter & Associates ' i MmN , W and Used Oil Progmms Proposal Names and addresses of witnesses are also recorded in the event that the City undertakes legal or cost recovery measures. Due to the nature of these incidents, Notices of Violation are typically forwarded to the City and to the responsible party within one week. Requested samples may be collected as appropriate following EPA SW -846 collection protocol. Laboratories certified by the State of California will perform all analyses. E. VIOLATION CORRECTIONS When conditions are observed during inspections that constitute a violation, three primary actions are typically taken. 1. The conditions are verbally discussed with the business personnel, 2. A brief report and Notice of Violation is forwarded the Environmental Services Officer for review, and 3. The Environmental Services Officer sends the Notice of Violation to the business. A follow up inspection as indicated in the NOV is also conducted. In the majority of instances, this is sufficient to correct the condition. Occasionally, additional action is required. If the violation is not corrected by the deadline of the first letter, then up to two follow up phone calls and two additional letters are sent to the business. If the conditions remain uncorrected, the case is forwarded to the City's Code Enforcement Division or Environmental Services Officer to be handled in a manner similar with standard code enforcement procedures. Violations may be prosecuted as misdemeanors. F. PERMIT AND PLAN REVIEW When new businesses, or existing businesses undergoing extensive modification, submit plans to the Building Department, the plans are reviewed for compliance with the Industrial Waste Ordinance. Those businesses identified as having a potential for a deleterious waste stream will be required to complete an "Industrial Waste Discharge Permit" application. The application and any associated plans and supporting information are reviewed for: 1. Discharge rates into the sewer 2. Pretreatment retention times and capacity 3. Types of materials being discharge 4. Spill Containment Any deficiencies on the submittal will be noted on a plan check review sheet and returned to the applicant for correction and submittal. During the inspections, businesses will often be encountered with little or no pretreatment capability. This is typical of restaurants that have not installed grease traps or auto service facilities that are washing cars. In the case of auto service facilities, they are asked to either stop washing cars or install a sand or grease clarifier. John L. Hunter & Associates �1 NIS4 Permit Services; 1 V and Used Oil Programs Proposal Restaurants will be required to install a grease trap if they have caused a sewer blockage or if they are in high -risk areas (for example) such as: 1. Seating capacity greater than 150, 2. The sewer line is unusually shallow, less than 0.40 %, 3. The sewer line is less than 8 inches in diameter, or 4. There is less than 150 feet of upstream sewer. The minimum permitted size of grease trap is 750 gallons, although smaller sizes (down to 50 pound capacity) may be permitted for retrofits and where space constraints exist. G. FEES The fees are set by the ordinance and the program is essentially 100% self - supported. The two major types of fees are: Inspection fees: are assessed annually. JLHA will be responsible for assessment of all fees associated with this program. Invoices will be prepared for distribution by the City. Permit Application Fees: Each Industrial Waste Discharge application is charged an application fee based on the type of business in accordance with the Industrial Waste Ordinance. One application (and fee) is needed for each separate connection to the sewer system. Plan Checking Fees: These fees are determined in accordance with the schedule in the Industrial Waste Ordinance, and are based on the type of business and discharge point (sewer, ground injection, etc.). The fees are collected at the City and processed by the City's Finance Department. All fees will be charged in accordance with the current fee schedule adopted by the City Council and will be similar to LACC Title 20. Fees automatically increase every year based upon the consumer price index John L. Hunter & Associates MS4 Permit Services, I and Used Oil Programs Proposal The new MS4 permit has eliminated the role of the Principle Permittee and the Los Angeles and San Gabriel River Watershed Committees and instead is requiring the development of Watershed Management Plans on a Regional, sub - regional or individual basis. In addition, the Total Maximum Daily Loads (TMDLs) that the City is subject to will become enforceable. The Cities affected by this permit are nonetheless continuing to meet on a watershed basis and in additional have established numerous TMDL technical committees. JHLA will provide technically knowledgeable personnel to attend these meetings and report back to and work with the City regarding these issues. JLHA has budgeted four hours per month for this task. JLtiA will discuss with City staff on which meetings to attend within the allotted time. The meetings can include: ■ San Gabriel River Watershed Management Committee, ■ San Gabriel River Metals and Selenium TMDL meetings, ■ Executive Advisory Council (EAC) /Los Angeles Permit Group (LAPG) The Watershed Management Program (WMP) Technical Advisory Committee is intended for senior City staff and as such will not be attend by JLHA unless otherwise specified by the City. JLHA will conduct regular updates for City Staff either via meetings at city hall or via newsletter. These update vary depending upon MS4 developments, but are typically been on a monthly basis. JLHA divides the cost of updates and participation at these meetings with other applicable JLHA clients. i The MS4 permits require the preparation and submittal of an Annual Summary Report and Assessment of Effectiveness. Unlike the previous MS4 permit, the new Permit does not contain a report template and the Regional Board has not at this time provided any guidance regarding what is expected to be in an annual report. JLHA will work with the City staff to prepare the City's annual report and has included a budgetary estimate for this task. The annual report will in part address the City's RFP requirement (C.4.a.) to provide a biannual review of the City's stormwater activities (in terms of BMP, TMDL and SWAMP updates). JLHA will provide the necessary information from the annual report on a biannual basis (English and Spanish) if requested by the City. JLHA will also provide SSMP updates following the C.4.a REP requirement. The new MS4 Permit allows cities (for the most part) to maintain the existing level of NPDES Implementation while WMPs are being developed. The WMP will require prioritization of critical source facilities, however the exact inspection schedule will not be known until the WMP is approved john L. Hunter & Associates i i 0 MS4 Permit Services, 1W and Used Oil Programs Proposal (scheduled for 2015 for an Enhanced WMP). In anticipation of this prioritization, for the purposes of this proposal, JLHA will conduct 75 facility inspections per year. The inspections will focus on facilities that may produce metal pollution (a priority due to the San Gabriel River Metals TMDL). Inspection Summary NPDESstormwater inspections are conducted unannounced, except at - wD S facilities where security is an issue. All inspectors wear a photo ID badge (approved by the City) identifying them as an inspector contracted by the City. The inspector meets with the facility owner /manager or responsible employee, conducts a walk - through of the facility, and identifies practices as listed in the permit that may result in an illicit discharge to the storm drain , system. The inspector offers alternatives and options in a friendly, non- = threatening manner to help the business with facilitating compliance. kk R�r Educational Materials --mmi0i Pow- Business specific educational materials are hand delivered to each business as a part of the site inspection. These materials are intended for posting at the site as == a reinforcement of good BMP's. The City will have the opportunity to approve existing educational materials; onto which the City logo and contact information will be added and then printed /duplicated for the City's use. At the City's - request, additional materials may be developed and printed for the City's use. Enforcement Action Summary A facility that is found to have minor corrections required (e.g. trash bin lids open) will be sent a friendly follow -up letter approximately one month from the date of the inspection, and will include additional educational materials. Any facility found to be in significant violation of the NPDES permit a Notice of Violation will be forwarded to the City contact for approval and signature. Re- inspections will be conducted within the time frame listed in the NOV. That time frame will reflect the severity of the violation, and the immediate potential for releasing pollutants into the storm drain system. At the re- inspection, should the business remain in violation, a progressive enforcement action will commence. Typically such enforcement actions include a follow -up phone call to offer assistance with the necessary corrections, a written second notice of violation, and if necessary, meetings with the responsible party. Should the facility remain in non- compliance, a third (final) notices of violation shall be sent. Records will be kept documenting all communication with a business in the effort to bring them into compliance. If these actions do not result in satisfactory compliance actions by the business, the case will be referred to the City for possible legal action. JLHA will be available to assist in any such actions. John L. Hunter & Associates El MS4 Permit Services, Iw and Used Oil Programs Proposal Inspection Process Flowchart The above process is summarized in the following flowchart: 1. Arrival 2. Introduction 3. Site walk 4. Determination S. Summary* 6. Follow -up 7. Enforcement Database Management A database will be used to track inspections of all critical sources as listed in the permit. The database will include the following information: A listing of the critical sources facilities (an updated business license list to be provided electronically as an access or excel file by the City on an annual basis); name of facility; name of Owner /Operator, name of contact if different, address, coverage under GIASP or other NPDES permits, SIC code, and narrative description that reflects site activities, and date inspected. Hard copies of completed inspection report forms will be provided to the City on a quarterly basis. Cost Recovery JLHA has set up several cost recovery (fee- based) programs to self -fund inspection programs. JLHA can assist the City with this upon request. The ICID Program is an essential part of the overall Stormwater Program, effectively combining some functions from the Public Agency, Development, and Public Education functions. An ICID Program takes information collected from a variety of sources and uses that information to investigate potential illicit connections and illicit discharges throughout the City. The proposed ICID Program will consist of the following: John L. Hunter & Associates # ! G MS4 Permit Services, MV and Used oil Programs Proposal • Inspectors will be available to perform ICID investigations and required follow -up inspections in response to citizen or City complaints, or observations of violations of the City Stormwater Ordinance and Municipal Permit. Each investigation will vary based on the complexity of the situation encountered; therefore, this service will be provided on a time and materials basis per the attached rate schedule. • Any stormwater related illicit discharges or illicit connection investigations that are conducted by City staff must be reported to JLHA for inclusion in the annual report. Significant incidents must be reported to the Regional Board. • ICID identification, mitigation and general response and reporting procedures will likely be modified in the Enhanced WMP that will be authored by the County of Los Angeles. In order to prevent 1) duplicative efforts and 2) the preparation of a document that may be immediately supplanted, TLHA will hold on development of a procedural manual until the ICID element is addressed within. the City's WMP. • JLHA staff will assist the City in preparation of formal enforcement action, if needed, for dischargers failing to correct significant violations. This service will be provided on a time and materials basis per the attached rate schedule. • Training in the elements and procedures of the ICID Program will be provided to appropriate City personnel during the Public Agency training sessions. • Conduct follow -up inspections with violations found under the Industrial and Commercial inspection and Site Visit Program as necessary (Section D). • Emergency calls for ICID and subsequent site follow -up inspections will be conducted by the PWSD and appropriate staff and /or LA County of Department of Public Works where appropriate. E. ANNUAL EMPLOYEE TRAINING (PUBLIC WORKS SERVICES STAFF ONLY) Under the new MS4 Permit, City staff (and third - parties) whose primary roles are related to the stormwater program must be adequately trained. Training requirements are summarized below: Development Construction — Adequately train Plan Reviewers, Permitting Staff, Erosion /Sediment Control Inspectors and Stormwater Inspectors. Public Agency Activities Program — Adequately train relevant staff in sanitary sewer spill response, pesticide /fertilizer application and general storm water program management. The latter two are required at least annually. Illicit Discharge Program — Provide general training for municipal activities field staff. This training is required twice during the permit term and within 180 days of employment for new staff members. Third Party contractors are allowed to self - certify, provided they certify they have received all applicable training required in the MS4 Permit and have documentation to that effect. John L. Hunter & Associates pll E MS4 Permit Set - vices, 1W and Used Oil Programs Proposal Educating the public about stormwater pollution and prevention methods is vital to the success of the overall program and to the reduction of pollution in general. These activities, where appropriate, will be tailored to the specific requirements mandated under current and future TMDLs. JLHA has included a budgetary allotment to assist the City in these activities as appropriate. These can include: a. Coordination with City and County staff to develop and distribute bilingual /multi- lingual public educational materials are required by the permit including but not limited to, news articles, calendars, pamphlets, training materials, interactive City web page and site visit handouts for production and use by the City. Publications fees, printing expenses, etc., will be provided by the City. b. Conduct stormwater outreach programs for the general public, schools and commercials and industrial groups consistent with the terms of the NPDES permit and the County of Los Angeles, Department of Public Works Outreach Program. c. Make two presentations per year to City Staff, Director of Public Works, CEO or City Council or as requested by the City. These efforts require coordination with, and in some cases, authorization from other agencies /entities. Therefore a budgetary allowance has been included. Other venues and activities may need to be substituted. The Public Agency portion of the Stormwater Program currently consists of the following sub - programs that cover specific activities that may be conducted by a City • Sewage System Operations, • Public Construction Activities, • Vehicle Maintenance /Materials Facilities Management, • Landscape and Recreational Facilities Management, • Storm Drain Operation and Management, • Public Industrial Activities, These activities are conducted by either in -house Public Works staff or Public Works Contractors. However, JLHA will conduct annual training of City staff in proper stormwater BMPs for these activities. Procedures for implementing Public agency activity BMPs will likely be modified in the Enhanced WMP that will be authored by the County of Los Angeles. In order to prevent 1) duplicative efforts and 2) the preparation of a document that may be immediately supplanted, JLHA will hold on development of a procedural manual until the public agency activities element is addressed within the City's WMP. JLHA's understanding is that an Enhanced WMP is being developed by the County of Los Angeles with the City of Baldwin Park as a participant. The WMP will serve as the City's Stormwater Management Plan. As such, RFP requirement C.5.b will be addressed through the development of the WMP. John L. Hunter & Associates i MS4 Permit Services, IW and Used Coil Programs Proposal It is anticipated that within the timeframe of this proposal, the new MS4 Permit Development Planning and Construction requirements will be in effect. • Conduct one training session with Planning, Building, and Construction Department personnel. The training will focus on processing applications with potential stormwater impacts, including stormwater concerns in building inspections, and SUSMP requirements. • Meet with City planning staff to review the City's new development program for compliance with the new MS4 Permit requirements. • Review stormwater pollution prevention plans (SWPPPs) and standard urban stormwater mitigation plane ('- USMPs) as per the Development Planning concerns in the MS4 permif This item will be performed on a time and materials basis per the attached rate schedule. it is anticipated the new MS4 permit will greatly increase the number of projects that require plan review. The cost of this item will be entirely dependent on the number of plan received by the City. JLHA will review these on a time and materials basis. JLHA can assist the City in developing a pass- through cost recovery system if one does not already exist. • General Construction Permit (GCP) inspections will be completed on an as- needed basis for applicable (1 acre or larger) sites. Follow -up activities will be conducted for non - compliant sites. Notices of Violation will be forwarded to the City's Associate Engineer for review and signature. City Building Inspectors will be responsible for inspections at sites below 1 acre unless JLHA is specifically asked to perform these duties. • Construction site inspection procedures, green construction practices and demolition materials recycling programs will be either addressed or modified in the Enhanced WMP that will be authored by the County of Los Angeles. In order to prevent 1) duplicative efforts and 2) the preparation of documents that may be immediately supplanted, JLHA will hold on development of procedural manuals until the construction element of the MS4 Permit is addressed within the City's WMP. 110NE"110 The City is subject to the San Gabriel River Metals and Selenium TMDL. JLHA anticipates that this TMDL will be addressed in the LA County authored EWMP. JLHA however will attend related meetings to the TMDL as requested by the City and following the budgetary allotment described in Section III.Task 1.a of this proposal. IV. WATERSHED MANAGEMENT PROGRAM JLHA's understanding is that an Enhanced WMP is being developed by the County of Los Angeles with the City of Baldwin Park as a participant. This scope of work does not include any development or implementation costs for the WMP or EWMP. John L. Hunter & Associates t MS4 Permit Services, iw and Used Oil Programs Proposal Under the category of program administration, JLHA will • Develop a program timeline • Serve as the liaison of the program • Attend meetings with City representatives • Prepare and submit grant applications • Prepare the submit the annual report • Provide monthly program status report along with the invoice Once JLHA begins its service with the City, a meeting will be set up to go over with the City representatives on the current program status. Based on the meeting, a detailed timeline to manage and implement the program will be developed. for the City to review before execution. At least two meetings per year will be conducted to review and evaluate the program. If deemed necessary based on program implementation, more meetings shall be scheduled. In addition to the regular meetings with the City representatives, JLHA will also attend at least one Used Oil Meeting (Information Exchange)or Conference organized by the State on behalf of the city. JLHA will access the CalRecycle's online application page to fill out and submit the application on behalf of the city as part of the service. In addition, under program administration, JLHA will keep in close contact with the city representatives and the city's finance department on the balance and receiving of the payment. On top of providing the monthly program status report to keep the City informed with each invoice, JLHA will also prepare and submit the program annual report on behalf of the City to the CalRecycle. Estimated Staff time /cost 7/1/13 — 6/30/13 Hours Rate Cost (See the Scope of Services for specific tasks) Outreach Manager 38 1 $95 $3610 Supporting Staff j 4 j $65 $260 S'i°d� --X - -.- Total $3,870 Under this category, JLHA will • Conduct two certified center visits • Provide supports to local certified centers Two visits to the local certified centers will be scheduled to ensure program compliance, as well as to provide support to the centers. During the visit, questions will be asked to certified centers staff to ensure their understanding of the program requirements. Also, depending on the centers' need, such as illegal dumping of the oil on site after hours or receiving oil mixed with other substances, JLHA will John L. Hunter & Associates '9 a 51 FT ! C MS4 Permit Services, Iw and Used Oil Progra.m.s Proposal provide assistance to solve the problems. We will also help centers to apply recertification or to file a claim for oil reimbursement, so that certified centers will be more likely to stay with the program. Whenever possible, JLHA will look for the opportunity to sign up one more certified center to better serve the DIYers in the city. Estimated Staff time /cost 7/1/13 — 6/30/13 Hours Rate Cost (See the Scope of Services for specific tasks) Outreach Manager 20 ; $95 $1900 Supporting Staff 5 x $65 j $325 Total i $2.22 In order to promote the program and get the general public informed about the program, JLHA will • Develop, print, publicize and distribute outreach materials, including informational pamphlets and program advertisements • Create a program webpage to be linked to the city's website • Create a "Twitter" and "Facebook" for the program Purchase and distribute used oil containers • Attend up to six city events for program promotion Upon meeting with the City representatives, JLHA will begin developing outreach materials for the City to review. JLHA has a strong team with experience in designing outreach materials targeting audiences in different age and ethnic groups. Materials will also be developed in different languages (English, Spanish and Chinese, if necessary) to better serve the City's diverse demographics. JLHA not only design and print outreach materials, we also utilize various venues to disseminate to better ensure accessibility by residents. JLHA understands the importance of correlation between cost and program effectiveness, we synergize outreach efforts among other City's environmental programs to reach such goal. In addition to developing materials for program outreach, at least once a year, news articles and /or program tips will be written and publicized in the City or local news publications. JLHA will work with the City to develop and maintain a "Twitter" and "Facebook" social media venue to provide the City's used oil recycling program information available to residents. JLHA will administer the purchase and distribution of the used oil containers to encourage proper disposal of the used oil and filters. Quantity of the containers and distribution venues will be discussed during the meetings with the City representatives and put on the timeline. John L. Hunter & Associates Consultant Services Agreement — John L. Hunter and Assoc. Page 7 of 9 #- !t c NIS4 Permit Services, 1W and Used Oil Programs Proposal The following tables itemize the estimated one-year costs for each project. Any Industrial Waste Program Elements, MS4 Permit Provision or UOPP elements not listed below is carried out internally by the City. Industrial Waste Program 7/1/13 — 6/30/13 See the Scope of Services for specific tasks) Annual Inspections (approximately 100) 60 additional 1W inspections will be listed tinder the NPDES inspections costs as the sites are re�Zulated under both .... ... ... Program Administration Investigations Violation Follow-Up Plan Checking and Permit Issuance Permit Issuance Estimated Revenue — inspection fees Estimated Revenue — plan checking and permit fees Total Municipal Stormwater Program 7/1/13 — 6/30/13 (See the Scope of Services for specific tasks) Assisting with stormwater program management Annual report Public information and outreach Public agency activities (SSO response plan updates) Industrial/commercial facility inspections Combo NPDES-IW inspections (NPDES inspections (non-1W) (Industrial General Permit inspections) Development planning and construction (SUSMP Plan Review) Employee training (two sessions) Illicit connections and discharges Total Hours Rate 100 $85 Hours 4 4 10 4 4 20 4 T&M 11 60 10 5 4 4 T&M 10 10 4 24 $145 $125 $95 $95 $95 $95 $95 Rate 145 125 145 125 95-- 95, 95 95 150 125, 250 145 125 125 95 125 95 Cost 1� $580 ",-L6 -1 ,VriUV nn $2,470 $950 ry $1,045 $5,700 $4,,750-.— <$29,000> <$6,000> $24,995 Cost John L. Hunter & Associates $580 $500 $950 $580 $500 $1,900 $950 $380 $1,045 $9,000 $1,250 $580 $500 $1,250 $950 $500 $2,280 $24,945 MS4 Permit Services, IW and Used Oil Programs Proposal Used Oil Payment Program 7/1/13 — 6/30/13 Hours Rate Cost (See the Scope of Services for specific tasks) Program Administration 38 $95 I $3,610 4 — $65 $260--- Permanent Collection Facilities i 20 $95 $1,900 5 $65 j $325 Temporary Collection Events 23 $95 $2,185 8 $85 $680 $250 $700 Public Outreach/Education 77 $95 i $7,315 $2,000 Total $19,925 The NPIDES process is an evolving process, and due to the uncertainties inherent with a program of this nature, such as the number of plans that will be submitted for review, and the number of illicit discharges that will occur, this program will be on a time and materials basis, with the cost not to exceed the above amount without prior City authorization. John L. Hunter & Associates MS4 Permit Services, IW and Used Oil Programs Proposal 0 Principal/Staff Engineer Environmental Compliance Manager/Project Engineer Environmental Compliance Specialist and Public Outreach Manager Laborer (OSHA 40hr certified)/ Public Outreach Assistant State Certified Laboratory Analysis Legal Consultation, Court Appearances/Document review, etc. Inspection - NPDES Industrial/commercial facilities Inspection - NPDES/IW GIASP Facilities Inspection - Industrial Waste only Subcontracted equipment $145/hr $125/hr $95/hr $65/hr Cost + 5% $250/hr $125, ins P ecti on $150/inspection $250/inspection $85/inspection Cost + 5% Prices effective as of January 1, 2013 JLHA does not add charges for overhead items such as administrative copying or mileage in and around the city. John L. Hunter & Associates Consultant Services Agreement — John L. Hunter and Assoc. Page 8 of 9 Exhibit C �I I MS4 Permit Services, IW and Used Oil Programs Proposal V. PROJECT SCHEDULE Industrial Waste Program Implement Industrial Waste Program (inspect and permit sites and, when necessary, enforce IW ordinance) Review sanitary sewer and industrial waste regulations and update if necessary Begin annual billing for IW permits and revise fee schedule Review current public outreach materials and update if necessary Train staff Meet with City staff NPDES Program Activity Kick off Meeting with City Staff Attend NPDES meeting on behalf of the City Review planning procedures with City staff Obtain Critical Sources list and prepare database Review previous inspection records Update inspection database Set inspection schedule for following month and inspect facilities Review existing stormwater ordinance and provide updated language if necessary Review current public outreach materials and update if necessary Inspect Construction General Permit Sites Train staff UOPP Program Activity Attend meetings with City representatives Develop a program timeline Prepare and submit payment program applications Prepare and submit the annual report Conduct certified center visits Provide supports to local certified centers Develop, print, publicize and distribute outreach materials, including informational pamphlets and program advertisements Create a program webpage to be linked to the city's website Date Date Within 1 week from start of work Within 2 weeks from start of work Within 1 month from start of work and annual thereafter Within 2 months from start of work Annually Initial Immediately Within 4 weeks from start of work Within 4 weeks from start of work Within 4 weeks from start of work Regularly after inspections begin Within 4 weeks from start of work and monthly thereafter Within 2 months from start of work Within 2 months from start of work Start of rainy season and annually thereafter Estimate Quarterly (training is as- needed) Date Initial Following the initial meeting At the beginning of the fiscal year Right after the end of the fiscal year and submit before the deadline August 15th In the months of December and June On a daily /as needed basis Within the first two months, develop and print at least one program pamphlet for program use. More materials developed shall be determined after meetings with the City. Begin developing after the initial meeting, schedule to get the page linked before December John L. Hunter & .Associates mam 1 G MS4 Permit Services, 1W and EJsed Oil Programs Proposal Create a "Twitter" and "Facebook" for the program Purchase a distribute used oil containers Attend up to six city events Plan, organize and host one filter exchange/buyback event Promote the filter exchange event via newspaper advert; seme t, and /or city ,,e1 ;i and its social media outlets Begin developing after the initial meeting, schedule to launch the sites before December. Updating and maintaining the social media sites are on a daily basis. After the initial meeting with the City representatives, quantities shall be determined in order to purchase. Distribution will be throughout the year at various occasion Shall be based on the city event calendar The event will scheduled to be in the month of March. Begin planning in the month of December From January - March VI. MISCELLANEOUS OR EMERGENCY ACTIVITES At any time, the City may request the services of JLHA to assist in miscellaneous or emergency activities work. Such activities will be on a time and material basis following the included rate schedule. VII. COMPANY INFORMATION California Corporation John L. Hunter & Associates, Inc. is a California registered corporation established in 1985. John Hunter is the Owner and President who oversees the firm. Address and Company Contact John L. Hunter President John L. Hunter & Associates, Inc. 6131 Orangethorpe Avenue, suite 350 Buena Park, California 90620 (562) 802 -7880 Ext 25. jhunter @jlha.net Staff Levels JLHA Staffing levels have ranged between 10 and 1.2 over the past 5 years and currently at ten (3 engineering services, 5 field and 2 outreach). JLHA conducts approximately 400 SUSMP /SWPPP plan reviews and 5,000 site inspections each year (restaurants, auto service, commercial, and industrial sites). John L. Hunter & Associates Consultant Services Agreement — John L. Hunter and Assoc. Page 9 of 9 •11 gpk tt BNLDWIN 1) • A I V . V TO: FROM: Date: SUBJECT: U103: U: 4 py COUNCIL AGENDA CITY • BALDWIN PAR STAFF REPORT Honorable Mayor and Members of the City Craig A. Graves, Interim Finance Directo�� June 05, 2013 Warrants and Demands The purpose of this report is for the City Council to ratify the payment of Warrants and Demands against the City of Baldwin Park. The attached Claims and Demands report format meets the required information in accordance with the Government Code. Staff reviews requests for expenditures for budgetary approval and for authorization from the department head or its designee. The report provides information on payments released since the previous City Council meeting-, the following is a summary of the payments released: 1. The payroll of the City of Baldwin Park consisting of check numbers 195410 — 195440. Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control numbers 228505 — 228754 for the period of April 14, 2013 through April 27, 2013 inclusive-, these are presented and hereby ratified, in the amount of $333,553.90. 2. General Warrants, including check numbers 195299 tol 95534 inclusive, in the total amount of $642,969.50 constituting claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. Pursuant to Section 37208 of the Government Code, the Chief Executive Officer or designee does hereby certify to the accuracy of the demands hereinafter referred to and to the availability of funds for payment thereof. 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BACKGROUND /DISCUSSION Prior to all General Municipal Elections certain resolutions must be adopted to begin the process for a city to conduct an election. Resolution No. 2013 -015 calls and gives Notice of the Election, states the offices to be voted upon and, the hours that the polls shall be open on election day. Resolution No. 2013 -016 requests the Board of Supervisors of the County of Los Angeles to consolidate the City's General Municipal Election with the County's School Election to be held on November 5, 2013. The Resolution also authorizes the County's election department to canvass the returns and provides for City reimbursement to the County for costs incurred by reason of this consolidation. FISCAL IMPACT It is estimated that the costs to conduct the election are $70,000. These expenditures will be included in the FY 2013/14 budget. Staff will submit a budget amendment if additional funds are needed. Agenda Report - Election Resolutions RECOMMENDATION Page 2 Staff recommends City Council 1) waive further reading, read by title only and adopt Resolution No. 2013 -015 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES "; 2) waive further reading, read by title only and adopt Resolution No. 2013 -016 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY_ OF BALDWIN PARK,_ CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2013, WITH THE LOS ANGELES COUNTY'S UNIFORM DISTRICT ELECTION (UDEL - SCHOOL ELECTION) TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE" ATTACHMENTS Resolution No. 2013 -015 (Calling & Giving Notice of Election) Resolution No. 2013 -016 (Requesting Consolidation) RESOLUTION NO. 2013 -015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES WHEREAS, under the provisions of the laws relating to General Law Cities in the State of valnif rni o , a (C e o neoi ro al l Municipal Clrontion s halu l he held on Tuesday, November 5 , 2013, for the election of one (1) Mayor, two (2) Members of the City Council, one (1) City Treasurer and one (1) City Clerk. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of Baldwin Park, California, on Tuesday, November 5, 2013, a General Municipal Election for the purpose of electing a Mayor for the full term of two years, two (2) Members of the City Council for the full term of four years a City Treasurer for the full term of four years and a City Clerk for the full term of four years. SECTION 2. The ballots to be used at the election shall be in form and content as required by law. SECTION 3. The City Clerk is authorized, instructed and directed to coordinate with the County of Los Angeles Registrar- Recorder / County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the General Municipal Election. SECTION 4. The polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when polls shall be closed, pursuant to Election Code §10242, except as provided in §14401 of the Elections Code of the State of California. SECTION 5. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 7. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. Resolution No. 2013-015 Page 2 SECTION 8. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. SECTION 9. The City Clerk is hereby directed to file a certified copy of this resolution as follows: Ms, Sachi A. Hamai, Executive Officer Mr. Dean C. Logan, RRCC Los Angeles County Board of Supervisors Election Coordination Section Kenneth Hahn Hall of Administration 12400 E. Imperial Hwy.,Rm 2003 500 West Temple Street, Room 383 Norwalk, CA 90650 Los Angeles, CA 90012 PASSED, APPROVED AND ADOPTED this 5t" day of June 2013. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I 1, Alejandra Avila, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of June 5, 2013 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ALEJANDRA AVILA CITY CLERK RESOLUTION NO. 2013 -016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2013, WITH THE LOS ANGELES COUNTY'S UNIFORM DISTRICT ELECTION (UDEL - SCHOOL ELECTION) TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of Baldwin Park called a General Municipal Election to be held on November 5, 2013, for the purpose of electing one (1) Mayor; two (2) Members of the City Council; one (1) City Treasurer and one (1) City Clerk; and WHEREAS, it is desirable the General Municipal election be consolidated with the Los Angeles County's Uniform District Election (UDEL - School Election) to be held on the same date and within the City the precincts, polling places and election officers of the two elections be the same, and the Election Department of the County of Los Angeles canvass the returns of the General Municipal Election and the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to the requirements of §10403 of the Election's Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Los Angeles County Uniform District Election (UEDL - School Election) on Tuesday, November 5, 2013, for the purpose of the election of one (1) Mayor; two (2) Members of the City Council; one (1) City Treasurer and one (1) City Clerk, SECTION 2. The County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election and only one form of ballot shall be used. SECTION 3. The Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election. SECTION 4. The City of Baldwin Park recognizes additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. Resolution No. 2013-016 Page 2 SECTION 5. The City Clerk is hereby directed to file a certified copy of this resolution as follows: Ms. Sachi A. Hamai, Executive Officer Los Angeles County Board of Supervisors Kenneth Hahn Hall of Administration 500 West Temple Street, Room 383 Mr. Dean C. Logan, RRCC Election Coordination Section 12400 E. Imperial Hwy., Rm 2003 Norwalk, CA 90650 Section 6. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions, PASSED, APPROVED AND ADOPTED this 5th day of June 2013. MANUELLOZANO MAYOR STATE OF CALIFORNIA COUNTY OF LOS ANGELES f ss. CITY OF BALDWIN PARK 1, Alejandra Avila, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of June 5, 2013 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Alejandra Avila CITY CLERK ENDA f BALDWIN PARPTY COUNCIL AG STAFF REPORT SUBJECT: Amendment to Sections 39.01, 39.02 and 39.03 of the Baldwin Park Municipal Code Relating to Decorum at City Council Meetings. PURPOSE This report requests the City Council consider amending Chapter 39 of the Baldwin Park Municipal Code (BPMC) governing the conduct of the City Council, staff and members of the public at City Council meetings. DISCUSSION In a recent decision by the Ninth Circuit, Acosta v. City of Costa Mesa (2013) No. 10- 56854, 2013 U.S.App.LEXIS 9066 (on rehearing of Acosta v. City of Costa Mesa (2012) 694 F.3d 960), the court invalidated the City of Costa Mesa's decorum ordinance as violative of the First Amendment, to the extent it prohibited conduct or behavior that was not disruptive. The Ninth Circuit took issue with the word "insolent" in the City's ordinance for several reasons: 1. In addition to actual disruptive behavior, the word proscribed non - disruptive remarks or behavior. 2. And while the ordinance prohibited, for example, a "thumbs down," signaling disapproval, a "thumbs up" signaling approval was permitted. The court discussed a similar issue decided in White v. City of Norwalk (9th Cir. 1990) 900 F.2d 1421. There, the City proscribed "personal, impertinent, slanderous or profane remarks," but only permitted removal when an individual who made a proscribed remark acted in a way that actually disturbed the meeting. The court upheld that narrow construction of the ordinance. The court in Acosta also discussed Norse v. City of Santa Cruz (9th Cir. 2010) (en banc) 629 F.3d 966, where the Ninth Circuit sent the case back to the district court to determine whether a silent Nazi salute during a council meeting constituted an actual disruption to the meeting. Accordingly, the City Attorney's Office has prepared a proposed ordinance amending sections 39.01, 39.02 and 39.03 of the BPMC to remove references to behavior or Ordinance 1358 June 4, 2013 Page 2 of 2 conduct that is not disruptive, so those sections are in accordance with the First Amendment and the court's ruling in Acosta v, City of Costa Mesa. The proposed ordinance includes language from the Santa Cruz ordinance upheld under that standard to prohibit actual disruptions, as the Ninth Circuit has placed substantial emphasis on that issue. FISCAL IMPACT There is no fiscal impact of amendment to ordinance No. 1358. WAHRZEE�� The City Attorney's Office recommends the City Council introduce by first reading by title only Ordinance No. 1358, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 39.01, 39.02 AND 39.03 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO DECORUM AT CITY COUNCIL MEETINGS." ATTACHMENT Proposed Ordinance No. 1358 ORDINANCE NO. 1358 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 39.01, 39.02 AND 39.03 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO DECORUM AT CITY COUNCIL MEETINGS WHEREAS, Chapter 39 of the Baldwin Park Municipal Code (BPMC) governs the conduct of the City Council, staff and members of the public at City Council meetings and prohibits certain conduct including impertinent remarks or behavior that is rude, demeaning and unprofessional; and WHEREAS, in Acosta v. City of Costa Mesa (42013) No. 10-56854, 2013 U.S.App.LEXIS 9066 (on rehearing of Acosta v. City of Costa Mesa (2012) 694 F.3d 960), the Court invalidated the City of Costa Mesa's decorum ordinance to the extent that it prohibited conduct or behavior that was not disruptive and therefore in violation of the First Amendment; and WHEREAS, the City Council desires to amend Sections 39.01, 39.02 and 39.03 of the BPMC to remove references to behavior or conduct that is not disruptive in accordance with the First Amendment and the Court's ruling in Acosta v. City of Costa Mesa. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ordain as follows: SECTION 1. Subsection (B) of Section 39.01 of the Baldwin Park Municipal Code shall read in its entirety as follows: (B) While the Council is in session, the Council members and city staff shall preserve appropriate order and decorum. No person, by conversation or otherwise, shall delay or interrupt the proceedings or the peace of the Council, disturb any speaker, or refuse to obey the directives of the presiding officer of the meeting. All persons must refrain from Pade-, boisterous, profane-, or abusive-, disruptive, derneaning,---a-nd unprofessi behavior which disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting. SECTION 2.— Subsection (A) of Section 39.02 of the Baldwin Park Municipal Code shall read in its entirety as follows: (A) Members of the public attending Council meetings must observe the same rules of order and decorum applicable to the Council members and city staff. No person shall make any impeFtinentF-slanderous-, or profane remarks or become rude, boisterous, abusive, disruptive, or demeaning, profane, _while attending the Council meeting. Any Ordinance 1358 - Page 2 person who makes such remarks or engages in any other disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting shall, at the discretion of the presiding officer or a majority of the Council, be barred from further audience before the Council during that meeting.; be removed ftom the meet; roern and 10--4 f f..r+k�r j _udiepGe at the UeStiGR. Unauthorized remarks from the audience, heckling, stamping of feet, whistles, yells, applause, and similar demonstrations which disrupt, disturb or otherwise impede the orderly conduct of the Council meeting should not be permitted by the presiding officer of the meeting. SECTION 3. Subsection (B)(2) of Section 39.03 of the Baldwin Park Municipal Code shall read in its entirety as follows: (2) Comments should be fundamentally impersonal: the subject of the debate is the issue, not any of its proponents or opponents. A motion and its consequences may be attacked vigorously, but speakers should not attack the motives, character, or personality of a member, speaker, or any other person, either directly or by implication or innuendo, improper language, irrelevancy, dilatory tactics, �wde for disorderly conduct, including, but not limited to, use of signs or other means to disrupt the meeting. Notwithstanding the foregoing, no speaker will be censured or prohibited from speaking based upon the content of his or her remarks, but may be removed from the meeting if the presiding officer of the meeting or a majority of the Council members determines the speaker is out of order pursuant to this chapter, and the speaker's conduct is disrupting, disturbing or otherwise impeding the orderly conduct of the Council meeting. SECTION 4. This ordinance shall go into affect and be in full force and operation from and after thirty (30) days after its final reading and adoption. PASSED AND APPROVED ON THE — day of _, 2013 MANUEL LOZANO, MAYOR ATTEST: ALEJANDRA AVILA, CITY CLERK Ordinance 1358 - Page 3 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK 1, ALEJANDRA AVILA7 City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on , 2013. Thereafter, said Ordinance No. 1358 was duly approved and adopted at a regular meeting of the City Council on by the following vote: AYES,- COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ALEJANDRA AVILA, CITY CLERK TO: Honorable Mayor and Members of the City Council FROM: Daniel Wall, Director of Public Works,_�,, 1�h DATE: June 59 2n73 SUBJECT: TRANSIT SERVICES AGREEMENT WITH SOUTHLAND TRANSIT, INC. PURPOSE This report provides information so that the City Council may consider authorizing a transit services agreement with Southland Transit, Inc (Southland) to operate and maintain the City's transit fleet. BACKGROUND Southland, formerly San Gabriel Valley Transit, has been providing transit service to the City of Baldwin Park since 1997. Through agreement extensions, Southland has continued providing fixed route bus and dial -a -ride services, with the September 2008 extension marking the last rate increase Southland has received In March 2009, Southland and three other transit operators responded to the City of Baldwin Park's RFP for transit services. Southland provided the lowest cost proposal. The City did not award a new agreement to Southland at that time in anticipation of a grant for the purchase of new CNG powered busses to replace four older vehicles. In July 2010, in recognition of the four new CNG busses, Southland and two of the three other transit operators that had responded to the initial RFP submitted new proposals. Southland again provided the lowest cost proposal with a service cost per hour of $43.71. On January 10, 2013, the City of Baldwin Park submitted a Project Funding Application with the Los Angeles County Metropolitan Transportation Authority for the 2013 Call for Projects. This application seeks $1.2 million in federal funding to replace the City's five remaining diesel powered busses with clean burning CNG powered busses. Transit Services Agreement Page 2 of 4 June 5, 2013 DISCUSSION Since September 2008, Southland has been providing transit service to the City at a cost per hour of $43.09. In December 2012, Southland revised its proposed service rate to $65.39 per hour which was slightly higher than the revised proposals received from the other transit operators in July 2010. Staff felt that Southland's proposed increase of nearly 50% was excessive and negotiated a cost per hour of $45.90. This is a 5% increase in the hourly rate from the July 2010 proposal. During the period from July 2010 to the January 1, 2013, the Consumer Price Index for the Los Angeles—Riverside- Orange County Metropolitan area increased by 5.3 %. The following table compares the gross and net hourly cost for the three operators submitting revised proposals in July 2010. Southland Transit Gross Cost Bus Shelter Maint. Advertising Rev Net Cost Month $2,667 Month $1,850 Total Annual Cost $1,299,888 Year $32,004 Year $22,200 $1,245,684 Hours 28,320 Hours 28,320 Gross Service Hour Cost $45.90 Net Service Hour Cost $43.98 First Transit Gross Cost Bus Shelter Maint. Advertising Rev. Net Cost Month $2,800.00 Month $1,850 Total Annual Cost $1,364,741 Year $33,600 Year $22,200 $1,364,741 Hours 28,320 Hours 28,320 Gross Service Hour Cost $48.19 Net Service Hour Cost $46.21 Transportation Concepts Gross Cost Bus Shelter Maint. Advertising Rev Net Cost Month $1,800.00 Month $1,850 Total Annual Cost $1,419,682 Year $21,600 Year $22,200 $1,419,682 Hours 28,320 Hours 28,320 Gross Service Hour Cost $50.13 Net Service Hour Cost $48.58 Transit Services Agreement Page 3 of 4 June 5, 2013 Transit Funding and Revenue The transit operations have traditionally used Proposition A funds to cover costs. The City's Proposition A revenue is fairly stable from year to year. Proposition A revenue is a little over $1.2 million per year. Transit operations also generate revenue through the fares paid by passengers. Each year approximately $150,000 in passenger fares is collected. This new agreement also includes two other new sources of additional revenue. Southland will be required to pay the City for the right to mace advertising_ in 58_ bus_ shelters_ and on four busses, for an annual revenue of $22,000. In addition, Southland will Nay the City $32,004 per year for bus shelter maintenance, a service already being performed by City staff. These two new additional sources of revenue offset the increase in the hourly rate and result in a 2.4% increase in the total cost of the transit services program from its September 2008 cost. FISCAL IMPACT Entering into this agreement has no fiscal impact on the General Fund. The following table summarizes the first year cost and funding for transit services under this contract: Based on the current 28,320 hours of transit service being provided each year, the first year cost of this agreement is $1,299,888. Subtracting $150,000 in passenger fare, $22,200 in advertising rights, and $32,004 in bus shelter maintenance revenue the net cost of this agreement is $1,095,664 in the first year. The hourly rates for future years will be adjusted by the year to year change in the November Consumer Price Index (CPI) not to exceed an increase greater than 5 %. This agreement has an initial term of five -years with two optional two -year extensions. There are sufficient funds to maintain this transit program and any substantial savings in Proposition A funds may be used for other improvements or programs. Transit Services Agreement June 5, 2013 RECOMMENDATION Page 4 of 4 It is recommended that City Council authorize the Transit Services Agreement with Southland Transit, Inc. ATTACHMENTS A — Transit Services Agreement with Exhibits A, B, and C. Transit Services Agreement Page 1 of 8 I TRANSIT SERVICES AGREEMENT 1 THIS AGREEMENT is made and entered into this 5th day of June, 2013 by and it between the City • Baldwin Park, ("City and Southland Transit, Inc ("Contractor"). 3 In consideration of the following mutual covenants, provisions and agreements, A +k— ro^o;p+ nnA C!11ff;f-iZnr-X/ of %A/hir-h is h1nrtMhx/ 1+ and other valuable consideration, Llll� IU%a��l L CAIMA �U1111 11 y wl 91- 5 acknowledged, City and Contractor agree as follows: 6 1 SCOPE OF SERVICES. Contractor agrees to perform during the term of 7 this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" 8 attached to and incorporated into this Agreement as Exhibit "A." 9 2. TERM. The term of this Agreement shall be five (5) years from July 1, 10 2013 through June 30, 2018. Upon completion of the initial five-year term, at CITY's 11 sole discretion, City may extend this Agreement twice, each for a two-year (2-year) 12 term; provided, that any changes in the terms and conditions of this Agreement are 13 mutually agreed upon by both parties. 14 2. COMPENSATION. City shall pay for the services performed by Contractor 15 pursuant to the terms of this Agreement at the time and manner set forth in the 16 "Schedule of Compensation" attached to and incorporated into this Agreement as 17 Exhibit "B." Transit Services Agreement Page 2 of 8 1 4. AUDIT OR EXAMINATION. Contractor shall keep all records of funds 2 received from City and make those records accessible for audit or examination for a 3 period of three years after final payments are issued and other pending matters. 4 5. STATUS OF CONTRACTOR. Contractor shall provide all necessary 5 personnel, equipment and material, at its sole expense, in order to perform the services 6 required of it pursuant to this Agreement. For the purpose of this Agreement, Contractor 7 shall be deemed, for all purposes, an independent contractor and shall have control of 8 all work and the manner in which it is performed. Contractor shall be free to contract for 9 similar services to be performed for other entities while under contract with City. 10 Contractor is not an agent or employee of City, and is not entitled to participate in any 11 pension plan, insurance, bonus or similar benefits City provides for its employees. 12 Contractor shall be responsible to pay and hold City harmless from any and all payroll 13 and other taxes and interest thereon and penalties, therefore, which may become due 14 as a result of services performed hereunder. 15 6. ASSIGNMENT. This Agreement is for the specific services with Contractor 16 as set forth herein. Any attempt by Contractor to assign any or all of the benefits or 17 burdens of this Agreement without written approval of City is prohibited and shall be null 18 and void; except that Contractor may assign payments due under this Agreement to a 19 financial institution. 20 7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to 21 perform work similar to the Services provided herein. 22 8. COMPLIANCE WITH LAW. Contract services shall be provided in 23 accordance with the applicable laws and regulations of all governmental agencies that 24 are in force at the time services are performed. Contractor shall be responsible for 25 becoming aware of and staying abreast of all such laws and ensuring that all services Transit Services Agreement Page 3 of 8 1 provided hereunder conform with such laws. The terms of this Agreement shall be 2 interpreted according to the laws of the State of California. 3 9. LIABILITY. Contractor shall indemnify, defend and hold harmless City and 4 its officials, officers, and employees against any and all actions, claims, judgments, 5 awards, damages, liabilities, losses or expenses of whatsoever kind, name or nature, 6 including legal costs and reasonable attorneys' fees, (the "Damages") arising out of or 7 connected in any way to Contractor's or any or of its agents', employees', 8 subcontractors', or invitees' performance of this Agreement, ; provided, however, the 9 above obligation to indemnify is only to the extent Contractor or any of its agents, 10 employees, subcontractors, or invitees cause the Damages. 11 10. INSURANCE. Contractor shall maintain insurance coverage in 12 accordance with the requirements and limits stated in the Scope of Work and the 13 following: 14 (A) Worker's Compensation Insurance - minimum $1,000,000, or other 15 amount as required by law, 16 (B) Liability Insurance - $5,000,000 17 1. Comprehensive General Liability insurance 18 ® including premises and operations, contractual liability, 19 personal injury and independent Contractors' liability 20 ® Personal or Bodily Injury 21 ® Property Damage 22 ® Combined single limit of $10,000,000, 23 2. Comprehensive Automobile Liability Insurance 24 including as applicable owned, hired and non-owned 25 automobiles with coverage for Personal or Bodily Injury Transit Services Agreement 1 Property Damage -- $5,000,000, single limit, per occurrence; 2 or Combined single limits of $10,000,000. 3 11, OWNERSHIP OF DOCUMENTS. All of the documents required to be 4 prepared pursuant hereto shall, upon the completion thereof, be deemed for all 5 purposes to be the property of City. City's ownership of documents includes any and all 6 analysis, computations, plans, correspondence and/or other pertinent data, information, 7 documents, and computer media, including disks and other materials gathered or 8 prepared by Contractor in performance of this Agreement. Such work product shall be 9 transmitted to City within ten (10) days after a written request therefore. Contractor may 10 retain copies of such products. 11 12. RECORDS AND INSPECTIONS. Contractor shall maintain full and 12 accurate records with respect to all services and matters covered under this Agreement. 13 City shall have free access at all reasonable times to such records, and the right to 14 examine and audit the same and to make transcripts there from, and to inspect all 15 program data, documents, proceedings and activities. Contractor shall maintain an up- 16 to-date list of key personnel and telephone numbers for emergency contact after normal 17 business hours. 18 13. TAXPAYER IDENTIFICATION NUMBER. Contractor shall provide City 19 with a complete Request for Taxpayer Identification Number and Certification, Form W- 20 9, as issued by the Internal Revenue Service. 21 14. CONFLICT OF INTEREST. Contractor agrees any conflict or potential 22 conflict of interest shall be fully disclosed prior to execution of contract and Contractor 23 shall comply with all applicable federal, state and county laws and regulations governing 24 conflict of interest. Transit Services Agreement Page 5 of 8 1 15. POLITICAL ACTIVITY/LOBBYING CERTIFICATION. Contractor may not 2 conduct any activity, including any payment to any person, officer, or employee of any 3 governmental agency or body or member of Congress in connection with the awarding 4 of any federal contract, grant, loan, intended to influence legislation, administrative 5 rulemaking or the election of candidates for public office during time compensated 6 under the representation that such activity is being performed as a part of this 7 Agreement. 8 16. RIGHT TO TERMINATE. City may terminate this Agreement at any time, 9 with or without cause, in its sole discretion, with ninety-days' (90-days')written notice. 10 17. EFFECT OF TERMINATION. Upon termination as stated in Paragraph 11 "16" of this Agreement, City shall be liable to Contractor only for work satisfactorily 12 performed by Contractor up to and including the date of termination of this Agreement, 13 unless the termination is for cause, in which event Contractor need be compensated 14 only to the extent required by law. Contractor shall be entitled to payment for work 15 satisfactorily completed to date, based on proration of the compensation set forth in 16 Exhibit "B" attached hereto. Such payment will be subject to City's receipt of a close-out 17 billing. 18 18. LITIGATION FEES. If litigation arises out of this Agreement for the 19 performance thereof, then the court shall award costs and expenses, including 20 reasonable attorney's fees, to the prevailing party. In awarding attorney's fees, the 21 court shall not be bound by any court fee schedule but shall award the full amount of 22 costs, expenses and attorney's fees paid and/or incurred in good faith. "Prevailing 23 Party" shall mean the party that obtains a favorable and final judgment. If litigation 24 occurs, venue shall be in the Superior Court of Los Angeles County. This paragraph 25 shall not apply and litigation fees shall not be awarded based on an order or otherwise 26 final judgment that results from the parties' mutual settlement, arbitration, or mediation Transit Services Agreement 1 of the dispute. 2 19. COVENANTS AND CONDITIONS. Each term and each provision of this 3 Agreement to be performed by Contractor shall be construed to be both a covenant and 4 a condition. 5 20. INTEGRATED AGREEMENT. This Agreement represents the entire 6 Agreement between City and Contractor related to the subject matter herein. No verbal 7 agreement or implied covenant shall be held to vary the provisions of this agreement. 8 This Agreement shall bind and inure to the benefit of the parties to this Agreement, and 9 any subsequent successors and assigns. 10 20. MODIFICATION OF AGREEMENT. This Agreement may not be modified, 11 nor may any of the terms, provisions or conditions be modified or waived or otherwise 12 affected, except by a written amendment signed by all parties. 13 21. DESIGNATED REPRESENTATIVES. Contractor's Designated 14 Representative (A) designated below shall be responsible for job performance, 15 negotiations, contractual matters, and coordination with City. City's Designated 16 Representative (B) designated below shall act on City's behalf as Project Manager. (A) Scott Transue Vice President/COO Southland Transit, Inc. 3650 Rockwell Avenue El Monte, CA 91731 (626) 258-1310 (B) Vijay Singhal Chief Executive Officer City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011, ext 482 Transit Services Agreement 1.._� 1 22. NOTICES. Notices pursuant to this Agreement shall be in writing and may 2 be given by personal delivery or by mail. Notices shall be directed to Contractor and 3 City's Designated Representative identified in Paragraph "21" of this Agreement. 4 Contractor shall send a copy of all notices to the City Attorney. City Attorney: joseph W. Pannone / Aleshire & Wynder, LLP 2361 Rosecrans Avenue, Suite 565 El Segundo, CA 90245-4916 (310) 527-6660 Transit Services Agreement IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. CITY OF BAL N PARK ATTEST: City Clerk M Manuel Lozano, Mayor i WA • 0 1[$] "& '�s 4II&MI =,qw-1 FIR Illlliilllf`a, Dated: /-/ F C" /3 Its Dated: 6- - / -/- 9-4 3 Transit Agreement Exhibit A — Scope of Service Scope of Work Page 1 of 20 TRANSIT SERVICES AGREEMENT — Exhibit A Scope of Services 1 A. Approach 2 Monitoring: Contractor shall establish adequate monitoring systems, both 3 administratively and in the field, to assure quality of service. 4 Key Staff: Contractor -haii id °i tify key Staff, including a single nnntart Ner`C'r'' with 5 whom City will have regular contact on daily operational issues. Said key staff shall be 6 available to City staff during regular business hours and available to dispatch staff at all 7 times when vehicles are operational. In addition, City will require identification of key 8 management level persons with whom City representatives may require periodic 9 contact. 10 B. Service 11 The Hours and Days of Operation for Fixed -route and Dial -A -Ride services are 12 described in the Time and Schedule for Performance shown as Exhibit "C" of this 13 Agreement. Further descriptions and details are also contained therein including: 14 Descriptions of Service Modes 15 Service Modes Hours of Operation 16 Holiday Services and Hours 17 C. Purchase of Optional Services (Special Trips) 18 In addition to regular operations, Contractor may, from time to time, upon receiving 19 specific written authorization from City, be required to provide special transportation 20 services using Transit Service vehicles. 21 D. Calculation of Revenue Service Hours 22 Full compensation for the maintenance, management, and operation of City's Transit 23 Services shall be made based upon the Revenue Service Hours provided for the Fixed Transit Agreement Page 2 of 20 Exhibit A — Scope of Service Scope of Work 1 Route at the Fixed Route rate and based upon the Revenue Service Hours for the 2 Variable (Dial -a -Ride) service at the Variable service rate. 3 The definition of a Revenue Service Hour is the actual time the vehicle is available to 4 the general public and there is a reasonable expectation of carrying passengers that 5 directly pay fares. Definitions by mode follow: 6 1. Fixed -route service definition: The time from the beginning of the first published 7 route start -time, through to the end of the last run of the day (published route end 8 times), exclusive of any time when the vehicle is not running due to driver breaks, lunch 9 breaks, fueling time or downtime for a road call. Payment shall not be made for runs 10 scheduled but not provided. The time from the transportation yard to the beginning of 11 the route and from the end of the route back to the transportation yard shall not be 12 included in the Revenue Service Hour. Fueling time is never considered a Revenue 13 Service Hour. 14 2. Demand response definition: The time from when a vehicle makes its first pick -up 15 through the time of its last drop -off, excluding driver breaks and lunch breaks, fueling 16 time and downtime for road calls. Driver time to and from breaks, as well as lunch 17 breaks, will be excluded. Fueling time is never considered a Revenue Service Hour, but 18 rather "dead head" miles if bus refuels mid -day. 19 E. Adjustments to Services 20 It is expected that Transit Services will be periodically adjusted, as determined by City 21 at its sole discretion. Modifications may include but are not limited to, adding or deleting 22 bus stops, extending, deleting or adding routes, or parts of routes, and increasing or 23 decreasing service hours by up to 15% in either direction without changing the revenue 24 service hour rate. This increase or decrease shall be considered from a base figure of 25 28,320 annual revenue hours. Transit Agreement Page 3 of 20 Exhibit A — Scope of Service Scope of Work 1 Any such increase or decrease in the number of service hours by up to 15% in either 2 direction shall not require a modification of the revenue service hour rates set forth in 3 the "Schedule of Compensation" attached to and incorporated into this Agreement as 4 Exhibit "B." 5 F. Resources and Facilities 6 Changes in the number of service hours greater than 15% initiated by City shall result in 7 a negotiated rate determined and agreed to by City and Contractor. Contractor shall 8 supply City with documentation of changes in costs resulting from the modification of 9 the number of service hours or change in the Scope of Work and City shall, in its sole 10 discretion, determine the allowable adjustment to rates for revenue service hours. 11 G. Resources and Facilities 12 Contractor shall provide adequate resources to perform the work as described, 13 providing City with a quality service that is responsive to customers. Contractor facilities 14 shall be located such that Contractor can meet the requirement of bringing a back -up 15 vehicle into service within fifteen (15) minutes. This means that the back -up vehicle 16 shall be in service within fifteen (15) minutes of notification of the in- service problem. 17 This standard shall apply to both fixed -route and demand service modes. 18 Contractor is expected to sell bus passes and tokens and may elect to do so from its 19 operating yard or exclusively on the vehicles. Information as to the location of bus pass 20 and token sales by Contractor shall be added to the Transit Service brochure by City. 21 H. Equipment - Vehicles 22 City shall provide Contractor with Transit Service vehicles. City shall provide vehicle 23 licenses and registration. Those vehicles are provided "as is" and absolutely no 24 allowance shall be granted to Contractor for any item involving deferred maintenance in Transit Agreement Page 4 of 20 Exhibit A — Scope of Service Scope of Work 1 transit vehicles provided. City shall cause transit vehicles to be inspected prior to end of 2 this Agreement by an independent third party selected by City. City will require 3 Contractor to make complete any repair deemed deferred by City. Those vehicles shall 4 be used only for the Transit Services, unless otherwise authorized by City. 5 I. Fuel 6 Contractor is responsible for all fueling costs for Transit vehicles. 7 J. Other Equipment 8 1. Radios - Transit vehicles are equipped with City -owned radios. Radios are 9 provided on an "as is" basis. Contractor shall be responsible for proper maintenance, 10 licensing and replacement when required of said equipment and shall comply with all 11 applicable federal statutes and regulations in connection with such use. 12 2. Phone Number and TDD. Contractor shall provide a reservation phone number 13 and Telecommunication Device for the Deaf (TDD). Contractor shall be responsible for 14 the installation, maintenance and proper performance of the equipment. 15 Contractor shall supply at least five (5) dedicated incoming reservation lines in rotary for 16 Transit Services. The telephone system must be capable of handling 60 -100 calls 17 during the peak hours. Contractor shall bear all applicable charges associated with 18 maintaining and operating the reservation phone lines and equipment. Upon termination 19 of this Agreement City reserves all right to the continued use of Transit Services 20 reservation phone lines and numbers. 21 Contractor is responsible for ensuring that Transit Services are posted on its website 22 and that City is provided with copy in a format suitable for inclusion on City's website. 23 Contractor shall specify the telephone number, other than the customer service number, Transit Agreement Exhibit A — Scope of Service Scope of Work Page 5 of 20 1 by which to facilitate communication between Contractor Project Manager and City. 2 3. Computer- Assisted Dispatching Software. Contractor shall utilize computer - 3 assisted software to facilitate the smooth operation of demand response services. A 4 windows -based product should be considered. Contractor will be responsible for making 5 key staff persons available for the required number of training hours and /or days and for 6 the subsequent implementation and ongoing use of the software package. 7 4. Maps. Contractor shall provide its staff (dispatch and demand response drivers) 8 with current Thomas Brother Guide maps, electronic equipment containing such maps, 9 or a reasonable substitute thereof. 10 K. Personnel 11 Contractor shall be solely responsible for the provision and satisfactory work 12 performance of all employees. City shall have the right to demand removal from the 13 project, for reasonable cause, any personnel furnished by Contractor, throughout the 14 term of this agreement. 15 1. Staffing of Dispatch Office: Personnel with dispatch capabilities shall staff 16 Contractor's office during revenue service hours (all times when vehicles are in revenue 17 service). Telephone service shall be provided at Contractor's expense. This shall 18 include special service periods, such as later evening service and holiday service when 19 the Dial -a- Ride is in operation. 20 2. Project Manager: The named project manager shall be available to City staff 21 during regular business hours. The project manager shall not be replaced without 22 naming a replacement acceptable to City and, to the extent possible, ensuring sufficient 23 lead -time/ training time to minimize any gap in on -site management. Transit Agreement Page 6 of 20 Exhibit A — Scope of Service Scope of Work 1 3. Driver Qualifications: Contractor shall furnish drivers who are at all times: 2 • Legally licensed to operate a bus in the State of California with a valid California 3 Class B driver's license and medical examination certificate, as well as any other 4 licenses required by applicable Federal, State or local regulations. 5 • Alert, careful, courteous and competent in their driving habits. 6 • Neat and clean in appearance and properly uniformed. At contractor's expense, 7 each driver shall be provided with a minimum of two uniforms of a color to be 8 approved by City. 9 10 Drivers, who shall each be enrolled in the DMV pull notice program, shall meet the 11 following requirements: 12 No more than three (3) moving violations during the five (5) year period 13 preceding application for this program; 14 • No more than one (1) moving violation within the twelve (12) month period 15 preceding application for this program; this will continue to be monitored during 16 each semi - annual review of the driving record; 17 • No reckless driving violations shall be allowed; evidence of reckless driving 18 violation shall be grounds for removal from this program; 19 • Prior to employment must not have been convicted of any felony or drug or 20 alcohol offense and, if convicted after employment of such offense, shall be 21 considered grounds for immediate dismissal from this program; 22 Under no condition shall an applicant be accepted as a driver for this program if 23 he or she has ever been convicted of a felony and /or he or she has ever been 24 convicted of a drug or alcohol offense or had his or her license suspended due to 25 a drug or alcohol offense. City shall review and consider any license suspension 26 for reasons other than drug or alcohol. Transit Agreement Page 7 of 20 Exhibit A — Scope of Service Scope of Work 1 4. Testing and Driving Records: To the extensive legally permissible, Contractor 2 shall provide a program for drug testing of drivers and other personnel in a form 3 reasonably acceptable to City. Contractor shall have in place pre - employment and 4 random testing procedures in full compliance with Federal drug- testing law (40 USC, 5 Section 702, Drug -Free Workplace Act, 1988; 40 CFR, Part 29.600- 29.635, Subpart F. 6 Drug -Free Workplace). 7 Contractor shall submit to City semi - annually, updated listings of drivers employed to 8 provide service to the Transit Services operations. In no event shall Contractor employ 9 any person as a driver who possesses a driving record with a citation for driving under 10 the influence or a history of motor vehicle moving violation or accidents. 11 5. Training: All drivers shall receive initial and ongoing training in, at minimum: 12 • Defensive driving 13 • Emergency first aide 14 • Cardio- pulmonary resuscitation 15 • Passenger assistance techniques, including operation of lift- equipment 16 Los Angeles County's fixed -route service standards related to persons with 17 disabilities and complementary paratransit service standards related to 18 persons with disabilities 19 • General vehicle handling and safety • Passenger relations 20 "New Hire" training shall be no less than the minimum required by law and shall include 21 both classroom and behind - the -wheel training. Drivers are required to receive at least 22 50% of their defensive driver training and the "hands on" portion of the sensitivity 23 training prior to providing service in this program. All remaining new —hire driver training 24 must be completed no more than thirty (30) days after any given driver begins providing Transit Agreement Exhibit A — Scope of Service Scope of Work 1 service. Page 8 of 20 2 "Refresher" training is required for all drivers on an annual basis and may be addressed 3 through routine safety meetings. Monthly safety meetings shall be conducted for all staff 4 associated within this contract to advise them of changes in procedure and to reinforce 5 practices related to provision of quality service. Contractor shall maintain records of 6 new -hire training completion and safety meeting attendance. 7 6. Driver Responsibilities: In addition to their routine driving responsibilities, drivers 8 will, when requested by City, hand out notices to passengers or otherwise render 9 assistance in City's monitoring and marketing activities. Drivers are required to collect 10 fares, tokens, and honor special passes, accept and distribute transfers. If City 11 implements an alternative cashless fare - paying method, then the drivers will be 12 expected to attend City - provided training associated with any new fare 13 payment/passenger data collection device and, following the training, to properly utilize 14 such equipment on their vehicles. 15 City may occasionally require driver cooperation and assistance with on -board 16 passenger surveys, bus stop alighting counts, or similar data collection processes 17 during the course of the regular service day. 18 7. Maintenance Manager. Contractor shall provide the services of a qualified 19 maintenance manager. This individual may be the lead mechanic. 20 The Maintenance Manager shall have a minimum of three years journeyman level 21 experience, including experience working on transit -type vehicles and experience in 22 directing the work of other maintenance personnel. 23 L. Fares 24 1. Passenger Fares: Passenger fares will be collected from every person boarding Transit Agreement Page 9 of 20 Exhibit A — Scope of Service Scope of Work 1 the vehicle, with the exception that children age 1 and younger are free when 2 accompanied by a fare paying adult. Some exceptions in fare payment may be 3 extended by City policy. City reserves the right to adjust passenger fares at any time. 4 Fares received by the operator shall be enumerated daily by mode (demand response 5 vs. fixed route) and ideally by route. Contractor shall be responsible for tracking varying 6 fare programs (i.e. Easy -pass program, Kaiser Hospital employee discount program, 7 senior discount fares, etc.) 8 2. Fare Collection and Reporting: Contractor personnel shall be responsible daily 9 for counting fare box revenue. Fares shall be credited to City in the monthly invoice, 10 reported at minimum by mode of service. City reserves the right to audit passenger 11 fares and fare collection procedures at any time, at its sole discretion. 12 M. Maintenance 13 1. Vehicle Maintenance: All vehicles used in service to City shall be maintained in 14 safe, comfortable and clean working order. Contractor at its sole cost and expense, 15 shall provide all repairs, parts, lubricants and supplies required for operation of buses. 16 Contractor shall ensure that adequate preventive maintenance is in place at reasonable 17 intervals to forestall the need for major repairs. Contractor shall have the facilities and 18 personnel to provide all routine repairs, although sub - contracts for bodywork or selected 19 major repairs are acceptable. Maintenance records must be maintained and kept 20 current and submitted monthly with contractor invoice package. All vehicle repair or 21 maintenance work must be performed or approved by a certified vehicle mechanic. 22 Contractor personnel must have the ability to repair or to procure service for accessory 23 equipment such as, but not limited to, fare boxes, radios and lift equipment. 24 2. CHP Terminal Yard Inspections. Contractor shall obtain satisfactory ratings from 25 the California Highway Patrol Motor Carrier Safety inspectors on their annual terminal Transit Agreement Page 10 of 20 Exhibit A — Scope of Service Scope of Work 1 inspection and certification process, pursuant to the California Vehicle Code (Section 2 34501 (c) and (e). Contractor shall provide City with a copy of the inspection certification 3 and documentation of the repair or replacement of any items so cited within thirty (30) 4 days of receipt from California Highway Patrol. Contractor shall notify City within twenty - 5 four (24) hours of an "unsatisfactory" rating. In the event of such a rating, Contractor is 6 required to undertake actions necessary to obtain a "satisfactory" rating within thirty (30) 7 days and to be responsible for scheduling a repeat inspection with the California 8 Highway Patrol. 9 3. Safety Inspections: Contractor shall perform daily safety inspections of vehicles 10 prior to beginning each day's service. Vehicles failing the daily inspection shall not be 11 used in service until the reason for failure is corrected. City reserves the right to ensure 12 that vehicles are properly maintained and in safe operating condition at all times. For 13 passenger comfort, the heating and air conditioning units of all vehicles must be kept in 14 proper working order. 15 City may inspect vehicles at any reasonable time and may bar a vehicle from a service 16 until any identified problem is corrected. Contractor may be required, at Contractor's 17 expense, to transport the vehicles to City's designated inspection facilities. Contractor is 18 required to replace all vehicles taken out of service with similar -type, unmarked vehicles 19 to minimize service interruptions. 20 4. Vehicle Cleaning: All vehicles shall be cleaned throughout, both inside and out. 21 Vehicle interiors shall be cleaned prior to each day of service, including daily sweeping 22 and wiping of surfaces as required. Once weekly washing of interior sidewalls, floors, 23 seats, handrails and stanchions, and inside windows shall be required. Interior of 24 vehicles shall be cleaned sufficiently that they are odor -free, as determined by City in its 25 sole discretion. A biological hazard clean -up kits will be available on each bus for 26 incidental cleaning of human bodily fluids and solids. Vehicle exteriors shall be washed Transit Agreement Page 11 of 20 Exhibit A — Scope of Service Scope of Work 1 at least once weekly or more often if needed. Contractor shall maintain an up -to -date 2 record of all washings and major cleanings. Said record shall be made available to City 3 upon request. 4 Vehicles may be removed from service upon request by City for unacceptable interior or 5 exterior appearance or unacceptable odor. 6 5. Graffiti: Graffiti shall be removed from vehicles daily. 7 6. Physical Damage: All physical damage to vehicles shall be repaired within ten 8 (10) working days of occurrence in a high quality manner, regardless of cause. Any 9 extension of days required for repair must be authorized by City. 10 7. Security: Contractor shall provide for sufficient security at Contractor's yard in 11 order to ensure adequate protection of the vehicles in use for this service. 12 13 8. Bus Shelter Maintenance. Contractor will be required to maintain approximately 14 60 bus shelters. 15 16 Maintenance of Bus Shelter shall be performed twice weekly including: 17 • Steam cleaning and wiping down of benches and seating surfaces. 18 • Wiping down surfaces of display kiosk and shelter structure 19 • Cleaning surfaces of bird waste 20 • Removing graffiti 21 • Cleaning trash receptacles as needed 22 • Replacing light bulbs 23 • Informing the City of damage to the shelters 24 25 Bus Shelter items requiring monthly maintenance includes: 26 • Cleaning solar panels 27 • Replace batteries for lights and / or solar panels Transit Agreement Page 12 of 20 Exhibit A — Scope of Service Scope of Work 1 • Paint minor damaged surfaces with matching color and quality paint 2 City at its sole discretion may choose to perform the bus shelter maintenance in lieu of 3 Contractor performing the bus shelter maintenance. If City chooses to perform the bus 4 shelter maintenance Contractor shall pay to the City $2,667 per month. 5 6 N. Americans with Disabilities Act 7 1. Contractor shall assist City in fully complying with elements of the Americans with 8 Disabilities Act of 1990 as it relates to operation of the fixed -route service. 9 2. Customer comments / complaints received by City shall be transmitted 10 Contractor for responses, within twenty -four (24) hours. Complaints received directly by 11 Contractor shall be similarly documented. A monthly report shall be transmitted to City 12 for review within 10 days of the month end. If City receives two or more verifiable 13 customer complaints on the same driver within one quarter, City reserves the right to 14 request that the driver be removed from this program. 15 O. Accident, Incident and Emergency Procedures 16 1. Accidents or Incidents. City requires Contractor to have an accident/incident and 17 emergency notification program that keeps City notified of accidents /incidents or 18 emergencies and the progress of claims to assure City that claims are promptly and 19 fairly handled. All accidents must be reported to City by telephone within three hours or 20 at the beginning of the next business day, if the accident occurs at night, and in writing 21 within 24 hours. Incident reports filed by drivers must be provided to City on, at 22 minimum, a once weekly basis. Contractor must assume all liability, including, but not 23 limited to. for accidents and worker compensation claims. 24 2. Emergencies. Contractor shall comply with all local, state and federal disaster 25 preparedness and emergency preparedness and response standards, procedures and 26 protocols, including, but not limited to, those which may be established by the State Transit Agreement Page 13 of 20 Exhibit A — Scope of Service Scope of Work 1 Office of Emergency Services (OES) and the Federal Emergency Management 2 Administration (FEMA). Contractor shall be familiar with the Incident Command System 3 (ICS), and, if requested by City, and at no additional cost to City, Contractor shall 4 cooperate with, and participate in, any disaster /emergency response exercise 5 scheduled by City. Any request for Contractor to participate in such an exercise shall be 6 made in writing at least thirty (30) days prior to the scheduled date of the exercise. 7 Within one hundred eighty (180) days after the effective date of this Agreement, 8 Contractor shall submit to City for review and approval its Emergency Response Plan of 9 operations. 10 In the event of an emergency or natural disaster, Contractor shall make available, to the 11 maximum extent possible, transportation and communications services and facilities to 12 assist City in ameliorating such incidents. To the extent City requires Contractor to 13 provide such emergency services and facilities Contractor shall be relieved of the 14 obligation to fulfill the duties and responsibilities to operate services herein above 15 contained. Further, Contractor shall be entitled to be paid reasonable compensation for 16 providing such emergency services and facilities, provided however, that the amount of 17 such compensation and time of its payment shall be mutually agreed upon by 18 Contractor and City following the conclusion of the emergency or disaster, or at such 19 other time as they may mutually agree. Training of personnel in emergency procedures 20 shall be the sole responsibility of Contractor and shall be included in the new hire and 21 monthly safety meeting training program. 22 P. Invoicing (Payment by City) 23 Contractor shall submit a detailed invoice to City on a monthly basis. City will pay 24 Contractor within fifteen (15) working days from the date of submission, contingent upon 25 receipt of a Monthly Operations Summary containing passenger, other requested 26 operating statistics, summary of fares collected, and the corresponding fares credit to 27 City. Without Contractor's timely submittal of the monthly reporting summaries the Transit Agreement Page 14 of 20 Exhibit A — Scope of Service Scope of Work 1 monthly invoice will not be paid. City may, at any time, conduct an audit of any and /or all 2 records kept by Contractor related to this service. 3 Q. Revenue to City (Payment by Contractor) 4 Contractor shall also submit a payment to City for the advertising rights to use the Bus 5 Shelters and the large buses. Currently twenty bus shelters are outfitted with 6 advertising kiosks. The revenue to City shall be fixed at the rate of $25 per Bus Shelter 7 (58) per month and $100 per Large Bus (4) per month. The Bus Shelters are listed in 8 Attachment 1 of the Scope of Services. 9 Based on fifty -eight bus shelters and operating four large buses, the revenue required 10 paid to City is $1,850 per month. The actual advertising revenue generated as managed 11 by Contractor shall belong to Contractor. Contractor may increase the intensity of 12 advertising to include bus shelters not currently advertising. However, if City adds bus 13 shelters outfitted with advertising kiosks, the revenue to City in connection with the 14 added kiosks shall be negotiated between City and Contractor. 15 Contractor shall not permit advertising of tobacco products, alcohol or any adult material or 16 content including advertising for adult conventions or events. Contractor shall also not 17 advertise any material relating to any event, movies or otherwise that may be sexual in 18 nature. At the request of the City the contractor shall remove any objectionable 19 advertisement immediately but no later than within 24 hours. The City may also at anytime 20 itself remove any advertisements, which it finds objectionable. 21 City may choose to exercise advertising rights itself, in such case the contractor shall not be 22 obligated to pay the advertising revenue to City. However, any prior agreements made by 23 Contractor and therefore binding Contractor to provide advertising in the Bus Shelters shall 24 be honored by City for the duration of agreement between Contractor and the advertiser 25 R. Records and Reports 26 City will work closely with Contractor in monitoring use patterns of service and the 27 viability of the schedules. Changes to the routing and /or scheduling, as it relates to Transit Agreement Page 15 of 20 Exhibit A — Scope of Service Scope of Work 1 improving the quality of local services and potentially connecting with regional 2 transportation services, may be anticipated and will require the cooperative efforts of 3 Contractor and City. 4 Monthly reporting will be required of Contractor in a format that will comply with NTD 5 Reporting. Routine reporting requirements over the term of this Agreement will include 6 but may not be limited to the data items detailed below. City reserves the right to 7 request modifications or additions to Contractor's reporting format and content. 8 Monthly reporting by service type and route to City shall include; at a minimum, but not 9 limited to: 10 Total Passengers — number of riders (noting fare type, free boardings and 11 transfers for in— service vehicles, system wide and by route.) 12 • Passenger Boarding on the Lift — system wide and by route. 13 Total Vehicle revenue Hours — number of hours vehicles are in revenue 14 operation, system wide and by route 15 • Total Vehicle Hours — including deadhead, system wide and by route. 16 Total Vehicle Revenue Miles — number of miles vehicles travel in revenue 17 service, system wide and by route. 18 • Total Vehicle Miles Report — detailing revenue service and deadhead mileage (to 19 include training, maintenance or other mileage), system wide and by route or 20 service type. 21 • Total Revenues Collected — total cash fares collected from passengers and total 22 non -cash fares recorded, system wide and by route. 23 • Total transfers issued for Fixed -Route — by fixed -route mode only. 24 • Total transfers received for Fixed -Route — by fixed -route mode only. 25 • Total Accidents and Road Calls — All types. Transit Agreement Exhibit A — Scope of Service Scope of Work Page 16 of 20 1 • Passenger Use of Bike Racks —Fixed route, system wide, and by route. 2 • Late Loops and Missed Loops per Billing Period - Fixed route mode and by route. 3 • No- Shows, Cancellations and Trips Completed - Demand response service and 4 by mode. 5 • On -Time Performance — sample from each route of at least five time checks per 6 route per reporting period, reporting percent of time vehicles are at time points 7 zero minutes early and up to five minutes late of time points checked. 8 i Missed Service Hours — hours or fractions thereof of scheduled service not 9 provided. 10 • Accurate hours worked per month for all employees for computation of FTEs. 11 At City's request, bus stop counts of passenger on -off counts by stop will be collected 12 by the driver or other staff, as mutually agreed to by City and Contractor. 13 14 Contractor personnel are also expected to report missing bus stop signs, damaged or 15 graffiti bus stops or bus stop shelters observed during the course of normal transit 16 operations. Contractor personnel are asked to report accidents or suspicious activity 17 observed during the course of normal transit operations. Contractor records shall be 18 stored for no less than five (5) years after end of contract term or termination, final 19 payment in a safe and secure place. 20 S. Quality of Service 21 The following represents the minimum quality of service that is contemplated by this 22 agreement. Based on the previous performance history of transit service within City 23 those standards are achievable and represent the reasonable expectations of City and 24 transit riders. The level of compensation for services is contingent upon Contractor 25 meeting the performance standards. The following table lists the minimum quality of 26 service. Transit Agreement Page 17nf2O Exhibit A— Scope ofService Scope of Work 1 Baldwin Park Transit Service Standards 2 T. Performance Standards and Compensation 3 Contractor shall provide timely and reliable transit service. This includes maintaining 4 high trip completion levels and operating within the specified arrival and departure MEASURE STANDARD Fixed-Route Services A. On-Time Performance (zero minutes earlv and up to five 95% minutes after the sched uled arrival time) I I B. Scheduled Hours of Operation (completion of scheduled 99.5% service hours C. Productivity (in passenger per hour) 10.0 Dial-a-Ride Service A. On-Time - pick up within 40 minute window of call, based 90% on dispatch estimate B. Average Wait-Time (elapsed 40 min. time between an 40 minutes immediate service request and passenger pick-up) C. Average Service Time (wait-time plus ride time although < 60 minutes may be longer for service to/from outlying areas) D. City DAR Productivity (passengers per hour) �! 4.5 pass. per hour E. No-Shows (per reporting period) 5% Overall System A. Customer Complaints (verifiable complaints, 3 monthly not 3 monthly including questions or comments B. Average Time Hold (Reservation Line) 60 seconds 2 T. Performance Standards and Compensation 3 Contractor shall provide timely and reliable transit service. This includes maintaining 4 high trip completion levels and operating within the specified arrival and departure Transit Agreement Exhibit A — Scope of Service Scope of Work 1 times. Page 18 of 20 2 1. Missed service times in excess of four (4) scheduled service times in any 30 -day 3 period shall result in Contractor reducing compensation for that 30 -day period in the 4 amount of Sixty Dollars ($60.00) for each separate instance of service time missed in 5 excess of one -half hour, with a maximum 30 -day period reduction of One Thousand 6 Dollars ($1,000). 7 2. On -time performance standard is 95% of sampled runs per calendar month. 8 Contractor shall reduce compensation by Two Hundred Fifty Dollars ($250.00) per 9 calendar month in calendar month when trips sampled in that calendar month have an 10 on -time performance rate below 9 ? ?5 ? ? %. 11 3. Contractor shall reduce compensation by Two Hundred Fifty Dollars ($250) per 12 calendar month in any calendar month when customer complaints, verified by City to 13 have a basis in fact, exceed a rate of eight (8) per 10,000 passenger trips during that 14 calendar month. 15 U. Ongoing Planning and Marketing 16 Contractor shall participate with City in the design and implementation of any 17 reasonable changes in the system's operating characteristics. Also, recognizing 18 Contractor's expertise, Contractor shall advise City of any observations that suggest 19 modifications to the service may be warranted — in such areas as routing, scheduling, 20 marketing, and so forth — for purposes of improving the transit service. Implementing 21 Contractor's suggestions shall be at City discretion. 22 City shall be responsible for the design, printing, and procurement of all schedules, 23 passes, tickets and like materials required by service operations. Contractor shall assist 24 with distribution and dissemination of such materials in accordance with the provision of Transit Agreement Page 19 of 20 Exhibit A — Scope of Service Scope of Work 1 this Scope of Work and under directions subsequently provided by City. 2 City is exploring electronic fare media and may, during the term of this agreement, elect 3 to install electronic fare payment equipment, at City's expense. 4 V. Insurance 5 Contractor, simultaneously with the execution of this Agreement, shall furnish 6 certificates evidencing that the required worker's compensation and liability insurance is 7 in effect. 8 Evidence of California Worker's Compensation Insurance with Statutory Coverage and 9 Employer's Liability limits shall meet all State minimum requirements. A waiver of 10 Subrogation Endorsement in City's favor shall also be required from Contractor's City, 11 its officials, agents, and employees shall be named as additional insureds and various 12 requirements in this Agreement regarding endorsement of City shall be complied with, 13 including the provision to City of a Certificates of Insurance and additional insureds 14 endorsements of the type and amounts specified, provided to the City prior to the start 15 of the fixed -route service. Insurance offered to meet City requirements from this project 16 must be maintained with firms licensed in California and recognized by the State with 17 current A.M. Best's rating of no less than "A." 18 W. Receipt of New Vehicles and at Contract End 19 Contractor shall acknowledge receipt of the vehicles and equipment, as well as vehicles 20 subsequently added to the fleet, and that said items have been received in good 21 condition and working order. City will inspect the vehicles prior to award of contract and 22 periodically during the term of this Agreement. 23 When new vehicles are received by City, Contractor shall assist City and may, if 24 directed, act as agent of City in new vehicle inspections, prior to approving vehicles for Transit Agreement Exhibit A — Scope of Service Scope of Work 1 placement into service. Page 20 of 20 2 Upon termination of this Agreement contract, Contractor shall return all City- or County- 3 owned equipment, with no deferred maintenance or damage, less reasonable wear and 4 tear. Contractor shall, at its sole expense, repair or replace any City- or County-owned 5 equipment which may be damaged or lost by reason of collision, negligence, abuse, R vandalism, nr other like cause. Contractor shall bear the cost of any identified repairs 7 which have not been completed prior to the end of this Agreement contract period. The 8 costs shall be deducted from Contractor's final payment. However, in no event shall 9 Contractor's liability exceed actual cash value of vehicle(s) and equipment so damaged. 10 If and when City determines it will replace an existing transit vehicle(s), then Contractor 11 shall meet with City to determine what reduction in compensation if any will be credited 12 to City in recognition of reduced maintenance costs typically associated with newer 13 vehicles. TRANSIT SERVICES AGREEMENT Exhibit B — Schedule of Compensation Southland Transit Annual Revenue Service Hours First Year revenue service Hour Rate Fixed Route 19,600 $45.90 Dial -a -Ride 8,720 $45.90 Total Hours 28,320 $45.90 1 The revenue service hour rates shown above are for the year January 1, 2013 through 2 December 31, 2013. Revenue service hour rates, advertising rights revenue and 3 payment for bus shelter maintenance for future years will be adjusted by the year to 4 year change in the November Consumer Price Index (CPI) for all urban consumers in 6 Los Anaeles- Riverside- Orange County not to exceed an increase greater than five 6 percent (5 %). 7 For example the revenue service hour rate for 2014 will be adjusted based on the 8 change in CPI from November 2012 to November 2013. Transit Services Agreement Exhibit C — Schedule of Performance Page 1 of 2 SCHEDULE OF PERFORMANCE 1 The term of the Agreement is a five (5) year term commencing on: 2 January 1, 2013 3 Upon completion of the initial five -year term, at its sole discretion, City may extend this 4 Agreement contract twice, each for a two (2) two year term, provided that any changes 5 in the terms and conditions of this Agreement are mutually agreed upon by both parties. 6 Hours and Days of Operation 7 Fixed -route service will be provided on the designated routes during the week, 8 approximately 249 weekday per year and 107 weekends and holidays per year, 9 depending upon when certain holidays fall. Vehicles are expected to be in revenue 10 service 13 hours per weekday. Saturday service only ten hours of service are provided. 11 Sunday service is provided or planned for five hours. Dial -A -Ride services will operate 12 eleven hours including weekends. The holidays observed are New Year's Day, Martin 13 Luther King's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, 14 and Christmas Day. When there is a possibility of the same holiday being celebrated on 15 more than one date, City shall set the date. 16 Descriptions of Service Modes 17 A brief description of the Transit Service modes provided by the Transit Contractor is 18 herein described. Transit Services are provided seven days a week at consistent and 19 varying levels, Monday through Saturday with some variation in the hours of service by 20 mode, and on Sunday at more limited hours. Transit Services generally observe the 21 following holidays when no service is provided on fixed route, although dial -a -ride 22 service are operational on these holiday days: 23 a. New Year's Eve and Day, 24 b. Martin Luther King's Day, 25 c. Memorial Day, 26 d. Independence Day, 27 e. Labor Day, 28 f. Thanksgiving Day, and 29 g. Christmas Eve and Day. 30 1. Fixed -Route Service: 31 The fixed -route is served by four buses involving two routes. One route is called the 32 "Teal Line" and buses run in a clockwise manner. The other route is called "Pumpkin 33 Line" with buses running counter - clockwise. Two buses run 30 minutes apart on each 34 route. Transit Services Agreement Exhibit C — Schedule of Performance Page 2 of 2 1 Fixed route service is provided seven days per week. Service hours are: 2 Monday through Friday 6:00 am to 8:30 pm 3 Saturday 8:00 am to 5:00 pm 4 Sunday 9:00 am to 4:00 pm 5 2. City Dial -a -Ride Service: 6 City Dial -A -Ride is an ADA accessible program serving riders within City's jurisdictional 7 boundaries. This service is intended to provide transportation for senior citizens age 60 8 and over as well as persons with disabilities, by group load or individual service. 9 Currently there is a 40- minute response time allowance with the average response 10 being approximately 20 minutes. 11 Door -to -door service is provided. Trip requests are made in advance or on the day the 12 individual wishes to travel. Advanced reservations (taken up to two weeks in advance) 13 and subscription /standing order trips account for less than 10% of the ridership. 14 Services are predominantly next -day or same -day reservation. Riders typically request 15 service at the time they are ready for transport. Priority is given to patrons with medical 16 and rehabilitation appointments. Regular patrons are encouraged to apply for and 17 obtain a City issued Dial -A -Ride card so that it may be shown to the driver when the 18 individual's disabling condition is not immediately apparent. 19 City dial -a -ride operating hours are: 20 Monday through Friday 5:00 am to 6:00 pm 21 Saturday & Sunday 6:00 am to 6 :00 pm 22 23 3. Purchase of Optional Services (Special Trips). 24 25 In addition to regular operations, Contractor may, from time to time, upon receiving 26 specific written authorization from City, be asked to provide special transportation 27 services using Transit Services vehicles. These special services will be provided when 28 determined by City to be in the public interest, do not interfere with Transit Service's 29 regular operation and are in compliance with applicable federal and state statutes. 30 Contractor shall be paid for these services at the same hourly rate as the Fixed -Route 31 Service. Transit Services Agreement Page 1 of 8 i TRANSIT SERVICES AGREEMENT I 1 THIS AGREEMENT is made and entered into this 5th day of June, 2013 by and 2 between the City of Baldwin Park, ("City"), and Southland Transit, Inc ("Contractor"). 3 In consideration of the following mutual covenants, provisions and agreements, A 1+ and other valuable consideration, ti-le receipt and sufficiency of Which is hereby 5 acknowledged, City and Contractor agree as follows: 6 1. SCOPE OF SERVICES. Contractor agrees to perform during the term of 7 this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" 8 attached to and incorporated into this Agreement as Exhibit "A." 9 2. TERM. The term of this Agreement shall be five (5) years from July 1, 10 2013 through June 30, 2018. Upon completion of the initial five-year term, at CITY's 11 sole discretion, City may extend this Agreement twice, each for a two-year (2-year) 12 term; provided, that any changes in the terms and conditions of this Agreement are 13 mutually agreed upon by both parties. 14 2. COMPENSATION, City shall pay for the services performed by Contractor 15 pursuant to the terms of this Agreement at the time and manner set forth in the 16 "Schedule of Compensation" attached to and incorporated into this Agreement as 17 Exhibit "B." 18 3. QUALITY OF SERVICE. The quality of service provided is a primary and 19 essential component of this Agreement. The level of compensation for services is 20 contingent upon Contractor meeting the performance standards listed in Exhibit "A." 21 Reductions in compensation for services levels not meeting the performance standard 22 are enumerated in Exhibit "A." Transit Services Agreement Page 2 of 8 1 4. AUDIT OR EXAMINATION. Contractor shall keep all records of funds 2 received from City and make those records accessible for audit or examination for a 3 period of three years after final payments are issued and other pending matters. 4 5. STATUS OF CONTRACTOR. Contractor shall provide all necessary 5 personnel, equipment and material, at its sole expense, in order to perform the services 6 required of it pursuant to this Agreement. For the purpose of this Agreement, Contractor 7 shall be deemed, for all purposes, an independent contractor and shall have control of 8 all work and the manner in which it is performed. Contractor shall be free to contract for 9 similar services to be performed for other entities while under contract with City. 10 Contractor is not an agent or employee of City, and is not entitled to participate in any 11 pension plan, insurance, bonus or similar benefits City provides for its employees. 12 Contractor shall be responsible to pay and hold City harmless from any and all payroll 13 and other taxes and interest thereon and penalties, therefore, which may become due 14 as a result of services performed hereunder. 15 6. ASSIGNMENT. This Agreement is for the specific services with Contractor 16 as set forth herein. Any attempt by Contractor to assign any or all of the benefits or 17 burdens of this Agreement without written approval of City is prohibited and shall be null 18 and void; except that Contractor may assign payments due under this Agreement to a 19 financial institution. 20 7.- RIGHT TO UTILIZE OTHERS.. City reserves the right to utilize others to 21 perform work similar to the Services provided herein. 22 8. COMPLIANCE WITH LAW. Contract services shall be provided in 23 accordance with the applicable laws and regulations of all governmental agencies that 24 are in force at the time services are performed. Contractor shall be responsible for 25 becoming aware of and staying abreast of all such laws and ensuring that all services Transit Services Agreement Page 3 of 8 1 provided hereunder conform with such laws. The terms of this Agreement shall be 2 interpreted according to the laws of the State of California. 3 9. LIABILITY. Contractor shall indemnify, defend and hold harmless City and 4 its officials, officers, and employees against any and all actions, claims, judgments, 5 awards, damages, liabilities, losses or expenses of whatsoever kind, name or nature, 6 including legal costs and reasonable attorneys' fees, (the "Damages") arising OUT OT or 7 connected in any way to Contractor's or any or of its agents', employees', 8 subcontractors', or invitees' performance of this Agreement, ; provided, however, the 9 above obligation to indemnify is only to the extent Contractor or any of its agents, 10 employees, subcontractors, or invitees cause the Damages. 11 10. INSURANCE. Contractor shall maintain insurance coverage in 12 accordance with the requirements and limits stated in the Scope of Work and the 13 following: 14 (A) Worker's Compensation Insurance - minimum $1,000,000, or other 15 amount as required by law, 16 (B) Liability Insurance - $5,000,000 17 1. Comprehensive General Liability Insurance 18 ® including premises and operations, contractual liability, 19 personal injury and independent Contractors' liability 20 ® Personal or Bodily Injury 21 0 Property Damage 22 ® Combined single limit of $10,000,000, 23 2. Comprehensive Automobile Liability Insurance 24 including as applicable owned, hired and non-owned 25 automobiles with coverage for Personal or Bodily Injury Transit Services Agreement 1 Property Damage -- $5,000,000, single limit, per occurrence; 2 or Combined single limits of $10,000,000. 3 11. OWNERSHIP OF DOCUMENTS. All of the documents required to be 4 prepared pursuant hereto shall, upon the completion thereof, be deemed for all 5 purposes to be the property of City. City's ownership of documents includes any and all 6 analysis, computations, plans, correspondence and/or other pertinent data, information, 7 documents, and computer media, including disks and other materials gathered or 8 prepared by Contractor in performance of this Agreement. Such work product shall be 9 transmitted to City within ten (10) days after a written request therefore. Contractor may 10 retain copies of such products. 11 12. RECORDS AND INSPECTIONS. Contractor shall maintain full and 12 accurate records with respect to all services and matters covered under this Agreement. 13 City shall have free access at all reasonable times to such records, and the right to 14 examine and audit the same and to make transcripts there from, and to inspect all 15 program data, documents, proceedings and activities. Contractor shall maintain an up- 16 to-date list of key personnel and telephone numbers for emergency contact after normal 17 business hours. 18 13. TAXPAYER IDENTIFICATION NUMBER. Contractor shall provide City 19 with a complete Request for Taxpayer Identification Number and Certification, Form W- 20 9, as issued by the Internal Revenue Service. 21 14. CONFLICT OF INTEREST. Contractor agrees any conflict or potential 22 conflict of interest shall be fully disclosed prior to execution of contract and Contractor 23 shall comply with all applicable federal, state and county laws and regulations governing 24 conflict of interest. Transit Services Agreement Page 5 of 8 1 15. POLITICAL ACTIVITY/LOBBYING CERTIFICATION. Contractor may not 2 conduct any activity, including any payment to any person, officer, or employee of any 3 governmental agency or body or member of Congress in connection with the awarding 4 of any federal contract, grant, loan, intended to influence legislation, administrative 5 rulemaking or the election of candidates for public office during time compensated 6 under the representation that such activity is being performed as a part of this 7 Agreement. 8 16. RIGHT TO TERMINATE. City may terminate this Agreement at any time, 9 with or without cause, in its sole discretion, with ninety-days' (90-days')written notice. 10 17. EFFECT OF TERMINATION. Upon termination as stated in Paragraph 11 "16" of this Agreement, City shall be liable to Contractor only for work satisfactorily 12 performed by Contractor up to and including the date of termination of this Agreement, 13 unless the termination is for cause, in which event Contractor need be compensated 14 only to the extent required by law. Contractor shall be entitled to payment for work 15 satisfactorily completed to date, based on proration of the compensation set forth in 16 Exhibit "B" attached hereto. Such payment will be subject to City's receipt of a close-out 17 billing. 18 18. LITIGATION FEES. If litigation arises out of this Agreement for the 19 performance thereof, then the court shall award costs and expenses, including 20 reasonable attorney's fees, to the prevailing party. In awarding attorney's fees, the 21 court shall not be bound by any court fee schedule but shall award the full amount of 22 costs, expenses and attorney's fees paid and/or incurred in good faith. "Prevailing 23 Party" shall mean the party that obtains a favorable and final judgment. If litigation 24 occurs, venue shall be in the Superior Court of Los Angeles County. This paragraph 25 shall not apply and litigation fees shall not be awarded based on an order or otherwise 26 final judgment that results from the parties' mutual settlement, arbitration, or mediation Transit Services Agreement Page 6 of 8 1 of the dispute. 2 19. COVENANTS AND CONDITIONS. Each term and each provision of this 3 Agreement to be performed by Contractor shall be construed to be both a covenant and 4 a condition. 5 20. INTEGRATED AGREEMENT. This Agreement represents the entire 6 Agreement between City and Contractor related to the subject matter herein. No verbal 7 agreement or implied covenant shall be held to vary the provisions of this agreement. 8 This Agreement shall bind and inure to the benefit of the parties to this Agreement, and 9 any subsequent successors and assigns. 10 20. MODIFICATION OF AGREEMENT. This Agreement may not be modified, 11 nor may any of the terms, provisions or conditions be modified or waived or otherwise 12 affected, except by a written amendment signed by all parties. 13 21. DESIGNATED REPRESENTATIVES. Contractor's Designated 14 Representative (A) designated below shall be responsible for job performance, 15 negotiations, contractual matters, and coordination with City. City's Designated 16 Representative (B) designated below shall act on City's behalf as Project Manager. (A) Scott Transue Vice President/COO Southland Transit, Inc. 3650 Rockwell Avenue El Monte, CA 91731 (626) 258-1310 (B) Vijay Singhal Chief Executive Officer City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011, ext 482 Transit Services Agreement Page 7 of 8 1 22. NOTICES. Notices pursuant to this Agreement shall be in writing and may 2 be given by personal delivery or by mail. Notices shall be directed to Contractor and 3 City's Designated Representative identified in Paragraph "21" of this Agreement. 4 Contractor shall send a copy of all notices to the City Attorney. City Attorney: Joseph W. Pannone / Aleshire & Wynder, LLP 2361 Rosecrans Avenue, Suite 565 El Segundo, CA 90245-4916 (310) 527-66060 Transit Services Agreement 103MMI IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. ATTEST: City Clerk M Manuel Lozano, Mayor Dated: — f 7-Z�/3 By: -31f 1-41-- Its Dated: 5-- / 7— eel Transit Agreement Exhibit A — Scope of Service Scope of Work Page 1 of 20 TRANSIT SERVICES AGREEMENT — Exhibit A Scope of Services 1 A. Approach 2 Monitoring: Contractor shall establish adequate monitoring systems, both 3 administratively and in the field, to assure quality of service. A VC CfnfF: (inn +rnn4 ^r ok. ll irlon +if�i Lori o +off, innl��r7 inn -n oinMr rnn +nn+ noronn wifh T I\Gy vcarr. vvnuac cvl �rIan ruvrnny F\ cy aiani nrvIuunIy a orr�yoc vvrrla�.L F%_1 I vvIua 5 whom City will have regular contact on daily operational issues. Said key staff shall be 6 available to City staff during regular business hours and available to dispatch staff at all 7 times when vehicles are operational. In addition, City will require identification of key 8 management level persons with whom City representatives may require periodic 9 contact. 10 B. Service 11 The Hours and Days of Operation for Fixed -route and Dial -A -Ride services are 12 described in the Time and Schedule for Performance shown as Exhibit "C" of this 13 Agreement. Further descriptions and details are also contained therein including: 14 Descriptions of Service Modes 15 Service Modes Hours of Operation 16 Holiday Services and Hours 17 C. Purchase of Optional Services (Special Trips) 18 In addition to regular operations, Contractor may, from time to time, upon receiving 19 specific written authorization from City, be required to provide special transportation 20 services using Transit Service vehicles. 21 D. Calculation of Revenue Service Hours 22 Full compensation for the maintenance, management, and operation of City's Transit 23 Services shall be made based upon the Revenue Service Hours provided for the Fixed Transit Agreement Page 2 of 20 Exhibit A — Scope of Service Scope of Work 1 Route at the Fixed Route rate and based upon the Revenue Service Hours for the 2 Variable (Dial -a -Ride) service at the Variable service rate. 3 The definition of a Revenue Service Hour is the actual time the vehicle is available to 4 the general public and there is a reasonable expectation of carrying passengers that 5 directly pay fares. Definitions by mode follow: 6 1. Fixed -route service definition: The time from the beginning of the first published 7 route start -time, through to the end of the last run of the day (published route end 8 times), exclusive of any time when the vehicle is not running due to driver breaks, lunch 9 breaks, fueling time or downtime for a road call. Payment shall not be made for runs 10 scheduled but not provided. The time from the transportation yard to the beginning of 11 the route and from the end of the route back to the transportation yard shall not be 12 included in the Revenue Service Hour. Fueling time is never considered a Revenue 13 Service Hour. 14 2. Demand response definition: The time from when a vehicle makes its first pick -up 15 through the time of its last drop -off, excluding driver breaks and lunch breaks, fueling 16 time and downtime for road calls. Driver time to and from breaks, as well as lunch 17 breaks, will be excluded. Fueling time is never considered a Revenue Service Hour, but 18 rather "dead head" miles if bus refuels mid -day. 19 E. Adjustments to Services 20 It is expected that Transit Services will be periodically adjusted, as determined by City 21 at its sole discretion. Modifications may include but are not limited to, adding or deleting 22 bus stops, extending, deleting or adding routes, or parts of routes, and increasing or 23 decreasing service hours by up to 15% in either direction without changing the revenue 24 service hour rate. This increase or decrease shall be considered from a base figure of 25 28,320 annual revenue hours. Transit Agreement Page 3 of 20 Exhibit A — Scope of Service Scope of Work 1 Any such increase or decrease in the number of service hours by up to 15% in either 2 direction shall not require a modification of the revenue service hour rates set forth in 3 the "Schedule of Compensation" attached to and incorporated into this Agreement as 4 Exhibit "B." 5 F. Resources and Facilities 6 Changes in the number of service hours greater than 15% initiated by City shall result in 7 a negotiated rate determined and agreed to by City and Contractor. Contractor shall 8 supply City with documentation of changes in costs resulting from the modification of 9 the number of service hours or change in the Scope of Work and City shall, in its sole 10 discretion, determine the allowable adjustment to rates for revenue service hours. 11 G. Resources and Facilities 12 Contractor shall provide adequate resources to perform the work as described, 13 providing City with a quality service that is responsive to customers. Contractor facilities 14 shall be located such that Contractor can meet the requirement of bringing a back -up 15 vehicle into service within fifteen (15) minutes. This means that the back -up vehicle 16 shall be in service within fifteen (15) minutes of notification of the in- service problem. 17 This standard shall apply to both fixed -route and demand service modes. 18 Contractor is expected to sell bus passes and tokens and may elect to do so from its 19 operating yard or exclusively on the vehicles. Information as to the location of bus pass 20 and token sales by Contractor shall be added to the Transit Service brochure by City. 21 H. Equipment - Vehicles 22 City shall provide Contractor with Transit Service vehicles. City shall provide vehicle 23 licenses and registration. Those vehicles are provided "as is" and absolutely no 24 allowance shall be granted to Contractor for any item involving deferred maintenance in Transit Agreement Page 4 of 20 Exhibit A — Scope of Service Scope of Work 1 transit vehicles provided. City shall cause transit vehicles to be inspected prior to end of 2 this Agreement by an independent third party selected by City. City will require 3 Contractor to make complete any repair deemed deferred by City. Those vehicles shall 4 be used only for the Transit Services, unless otherwise authorized by City. 5 I. Fuel 6 Contractor is responsible for all fueling costs for Transit vehicles. 7 J. Other Equipment 8 1. Radios - Transit vehicles are equipped with City -owned radios. Radios are 9 provided on an "as is" basis. Contractor shall be responsible for proper maintenance, 10 licensing and replacement when required of said equipment and shall comply with all 11 applicable federal statutes and regulations in connection with such use. 12 2. Phone Number and TDD. Contractor shall provide a reservation phone number 13 and Telecommunication Device for the Deaf (TDD). Contractor shall be responsible for 14 the installation, maintenance and proper performance of the equipment. 15 Contractor shall supply at least five (5) dedicated incoming reservation lines in rotary for 16 Transit Services. The telephone system must be capable of handling 60 -100 calls 17 during the peak hours. Contractor shall bear all applicable charges associated with 18 maintaining and operating the reservation phone lines and equipment. Upon termination 19 of this Agreement City reserves all right to the continued use of Transit Services 20 reservation phone lines and numbers. 21 Contractor is responsible for ensuring that Transit Services are posted on its website 22 and that City is provided with copy in a format suitable for inclusion on City's website. 23 Contractor shall specify the telephone number, other than the customer service number, Transit Agreement Exhibit A — Scope of Service Scope of Work Page 5 of 20 1 by which to facilitate communication between Contractor Project Manager and City. 2 3. Computer- Assisted Dispatching Software. Contractor shall utilize computer - 3 assisted software to facilitate the smooth operation of demand response services. A 4 windows -based product should be considered. Contractor will be responsible for making 5 key staff persons available for the required number of training hours and /or days and for 6 the subsequent implementation and ongoing use of the software package. 7 4. Maps. Contractor shall provide its staff (dispatch and demand response drivers) 8 with current Thomas Brother Guide maps, electronic equipment containing such maps, 9 or a reasonable substitute thereof. 10 K. Personnel 11 Contractor shall be solely responsible for the provision and satisfactory work 12 performance of all employees. City shall have the right to demand removal from the 13 project, for reasonable cause, any personnel furnished by Contractor, throughout the 14 term of this agreement. 15 1. Staffing of Dispatch Office: Personnel with dispatch capabilities shall staff 16 Contractor's office during revenue service hours (all times when vehicles are in revenue 17 service). Telephone service shall be provided at Contractor's expense. This shall 18 include special service periods, such as later evening service and holiday service when 19 the Dial -a- Ride is in operation. 20 2. Project Manager: The named project manager shall be available to City staff 21 during regular business hours. The project manager shall not be replaced without 22 naming a replacement acceptable to City and, to the extent possible, ensuring sufficient 23 lead -time/ training time to minimize any gap in on -site management. Transit Agreement Page 6 of 20 Exhibit A — Scope of Service Scope of Work 1 3. Driver Qualifications: Contractor shall furnish drivers who are at all times: 2 • Legally licensed to operate a bus in the State of California with a valid California 3 Class B driver's license and medical examination certificate, as well as any other 4 licenses required by applicable Federal, State or local regulations. 5 • Alert, careful, courteous and competent in their driving habits. 6 Neat and clean in appearance and properly uniformed. At contractor's expense, 7 each driver shall be provided with a minimum of two uniforms of a color to be 8 approved by City. 9 10 Drivers, who shall each be enrolled in the DMV pull notice program, shall meet the 11 following requirements: 12 No more than three (3) moving violations during the five (5) year period 13 preceding application for this program; 14 • No more than one (1) moving violation within the twelve (12) month period 15 preceding application for this program; this will continue to be monitored during 16 each semi - annual review of the driving record; 17 • No reckless driving violations shall be allowed; evidence of reckless driving 18 violation shall be grounds for removal from this program; 19 Prior to employment must not have been convicted of any felony or drug or 20 alcohol offense and, if convicted after employment of such offense, shall be 21 considered grounds for immediate dismissal from this program; 22 Under no condition shall an applicant be accepted as a driver for this program if 23 he or she has ever been convicted of a felony and /or he or she has ever been 24 convicted of a drug or alcohol offense or had his or her license suspended due to 25 a drug or alcohol offense. City shall review and consider any license suspension 26 for reasons other than drug or alcohol. Transit Agreement Page 7 of 20 Exhibit A — Scope of Service Scope of Work 1 4. Testing and Driving Records: To the extensive legally permissible, Contractor 2 shall provide a program for drug testing of drivers and other personnel in a form 3 reasonably acceptable to City. Contractor shall have in place pre - employment and 4 random testing procedures in full compliance with Federal drug- testing law (40 USC, 5 Section 702, Drug -Free Workplace Act, 1988; 40 CFR, Part 29.600- 29.635, Subpart F. 6 Drug -Free Workplace). 7 Contractor shall submit to City semi - annually, updated listings of drivers employed to 8 provide service to the Transit Services operations. In no event shall Contractor employ 9 any person as a driver who possesses a driving record with a citation for driving under 10 the influence or a history of motor vehicle moving violation or accidents. 11 5. Training: All drivers shall receive initial and ongoing training in, at minimum: 12 • Defensive driving 13 • Emergency first aide 14 • Cardio- pulmonary resuscitation 15 • Passenger assistance techniques, including operation of lift- equipment 16 Los Angeles County's fixed -route service standards related to persons with 17 disabilities and complementary paratransit service standards related to 18 persons with disabilities 19 • General vehicle handling and safety • Passenger relations 20 "New Hire" training shall be no less than the minimum required by law and shall include 21 both classroom and behind - the -wheel training. Drivers are required to receive at least 22 50% of their defensive driver training and the "hands on" portion of the sensitivity 23 training prior to providing service in this program. All remaining new —hire driver training 24 must be completed no more than thirty (30) days after any given driver begins providing Transit Agreement Exhibit A — Scope of Service Scope of Work 1 service. Page 8 of 20 2 "Refresher" training is required for all drivers on an annual basis and may be addressed 3 through routine safety meetings. Monthly safety meetings shall be conducted for all staff 4 associated within this contract to advise them of changes in procedure and to reinforce 5 practices related to provision of quality service. Contractor shall maintain records of 6 new -hire training completion and safety meeting attendance. 7 6. Driver Responsibilities: In addition to their routine driving responsibilities, drivers 8 will, when requested by City, hand out notices to passengers or otherwise render 9 assistance in City's monitoring and marketing activities. Drivers are required to collect 10 fares, tokens, and honor special passes, accept and distribute transfers. If City 11 implements an alternative cashless fare - paying method, then the drivers will be 12 expected to attend City - provided training associated with any new fare 13 payment/passenger data collection device and, following the training, to properly utilize 14 such equipment on their vehicles. 15 City may occasionally require driver cooperation and assistance with on -board 16 passenger surveys, bus stop alighting counts, or similar data collection processes 17 during the course of the regular service day. 18 7. Maintenance Manager. Contractor shall provide the services of a qualified 19 maintenance manager. This individual may be the lead mechanic. 20 The Maintenance Manager shall have a minimum of three years journeyman level 21 experience, including experience working on transit -type vehicles and experience in 22 directing the work of other maintenance personnel. 23 L. Fares 24 1. Passenger Fares: Passenger fares will be collected from every person boarding Transit Agreement Page 9 of 20 Exhibit A — Scope of Service Scope of Work 1 the vehicle, with the exception that children age 1 and younger are free when 2 accompanied by a fare paying adult. Some exceptions in fare payment may be 3 extended by City policy. City reserves the right to adjust passenger fares at any time. 4 Fares received by the operator shall be enumerated daily by mode (demand response 5 vs. fixed route) and ideally by route. Contractor shall be responsible for tracking varying 6 fare programs (i.e. Easy -pass program, Kaiser Hospital employee discount program, 7 senior discount fares, etc.) 8 2. Fare Collection and Reporting: Contractor personnel shall be responsible daily 9 for counting fare box revenue. Fares shall be credited to City in the monthly invoice, 10 reported at minimum by mode of service. City reserves the right to audit passenger 11 fares and fare collection procedures at any time, at its sole discretion. 12 M. Maintenance 13 1. Vehicle Maintenance: All vehicles used in service to City shall be maintained in 14 safe, comfortable and clean working order. Contractor at its sole cost and expense, 15 shall provide all repairs, parts, lubricants and supplies required for operation of buses. 16 Contractor shall ensure that adequate preventive maintenance is in place at reasonable 17 intervals to forestall the need for major repairs. Contractor shall have the facilities and 18 personnel to provide all routine repairs, although sub - contracts for bodywork or selected 19 major repairs are acceptable. Maintenance records must be maintained and kept 20 current and submitted monthly with contractor invoice package. All vehicle repair or 21 maintenance work must be performed or approved by a certified vehicle mechanic. 22 Contractor personnel must have the ability to repair or to procure service for accessory 23 equipment such as, but not limited to, fare boxes, radios and lift equipment. 24 2. CHP Terminal Yard Inspections. Contractor shall obtain satisfactory ratings from 25 the California Highway Patrol Motor Carrier Safety inspectors on their annual terminal Transit Agreement Page 10 of 20 Exhibit A — Scope of Service Scope of Work 1 inspection and certification process, pursuant to the California Vehicle Code (Section 2 34501 (c) and (e). Contractor shall provide City with a copy of the inspection certification 3 and documentation of the repair or replacement of any items so cited within thirty (30) 4 days of receipt from California Highway Patrol. Contractor shall notify City within twenty - 5 four (24) hours of an "unsatisfactory" rating. In the event of such a rating, Contractor is 6 required to undertake actions necessary to obtain a "satisfactory" rating within thirty (30) 7 days and to be responsible for scheduling a repeat inspection with the California 8 Highway Patrol. 9 3. Safety Inspections: Contractor shall perform daily safety inspections of vehicles 10 prior to beginning each day's service. Vehicles failing the daily inspection shall not be 11 used in service until the reason for failure is corrected. City reserves the right to ensure 12 that vehicles are properly maintained and in safe operating condition at all times. For 13 passenger comfort, the heating and air conditioning units of all vehicles must be kept in 14 proper working order. 15 City may inspect vehicles at any reasonable time and may bar a vehicle from a service 16 until any identified problem is corrected. Contractor may be required, at Contractor's 17 expense, to transport the vehicles to City's designated inspection facilities. Contractor is 18 required to replace all vehicles taken out of service with similar -type, unmarked vehicles 19 to minimize service interruptions. 20 4. Vehicle Cleaning: All vehicles shall be cleaned throughout, both inside and out. 21 Vehicle interiors shall be cleaned prior to each day of service, including daily sweeping 22 and wiping of surfaces as required. Once weekly washing of interior sidewalls, floors, 23 seats, handrails and stanchions, and inside windows shall be required. Interior of 24 vehicles shall be cleaned sufficiently that they are odor -free, as determined by City in its 25 sole discretion. A biological hazard clean -up kits will be available on each bus for 26 incidental cleaning of human bodily fluids and solids. Vehicle exteriors shall be washed Transit Agreement Page 11 of 20 Exhibit A — Scope of Service Scope of Work 1 at least once weekly or more often if needed. Contractor shall maintain an up -to -date 2 record of all washings and major cleanings. Said record shall be made available to City 3 upon request. 4 Vehicles may be removed from service upon request by City for unacceptable interior or 5 exterior appearance or unacceptable odor. 6 5. Graffiti: Graffiti shall be removed from vehicles daily. 7 6. Physical Damage: All physical damage to vehicles shall be repaired within ten 8 (10) working days of occurrence in a high quality manner, regardless of cause. Any 9 extension of days required for repair must be authorized by City. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 7. Security: Contractor shall provide for sufficient security at Contractor's yard in order to ensure adequate protection of the vehicles in use for this service. 8. Bus Shelter Maintenance. Contractor will be required to maintain approximately 60 bus shelters. Maintenance of Bus Shelter shall be performed twice weekly including: • Steam cleaning and wiping down of benches and seating surfaces. • Wiping down surfaces of display kiosk and shelter structure • Cleaning surfaces of bird waste • Removing graffiti • Cleaning trash receptacles as needed • Replacing light bulbs • Informing the City of damage to the shelters Bus Shelter items requiring monthly maintenance includes: • Cleaning solar panels • Replace batteries for lights and / or solar panels Transit Agreement Page 12 of 20 Exhibit A — Scope of Service Scope of Work 1 • Paint minor damaged surfaces with matching color and quality paint 2 City at its sole discretion may choose to perform the bus shelter maintenance in lieu of 3 Contractor performing the bus shelter maintenance. If City chooses to perform the bus 4 shelter maintenance Contractor shall pay to the City $2,667 per month. 5 6 N. Americans with Disabilities Act 7 1. Contractor shall assist Citv in fully complying with elements of the Americans with 8 Disabilities Act of 1990 as it relates to operation of the fixed -route service. 9 2. Customer comments / complaints received by City shall be transmitted 10 Contractor for responses, within twenty -four (24) hours. Complaints received directly by 11 Contractor shall be similarly documented. A monthly report shall be transmitted to City 12 for review within 10 days of the month end. If City receives two or more verifiable 13 customer complaints on the same driver within one quarter, City reserves the right to 14 request that the driver be removed from this program. 15 O. Accident, Incident and Emergency Procedures 16 1. Accidents or Incidents. City requires Contractor to have an accident/incident and 17 emergency notification program that keeps City notified of accidents /incidents or 18 emergencies and the progress of claims to assure City that claims are promptly and 19 fairly handled. All accidents must be reported to City by telephone within three hours or 20 at the beginning of the next business day, if the accident occurs at night, and in writing 21 within 24 hours. Incident reports filed by drivers must be provided to City on, at 22 minimum, a once weekly basis. Contractor must assume all liability, including, but not 23 limited to. for accidents and worker compensation claims. 24 2. Emergencies. Contractor shall comply with all local, state and federal disaster 25 preparedness and emergency preparedness and response standards, procedures and 26 protocols, including, but not limited to, those which may be established by the State Transit Agreement Page 13 of 20 Exhibit A — Scope of Service Scope of Work 1 Office of Emergency Services (OES) and the Federal Emergency Management 2 Administration (FEMA). Contractor shall be familiar with the Incident Command System 3 (ICS), and, if requested by City, and at no additional cost to City, Contractor shall 4 cooperate with, and participate in, any disaster /emergency response exercise 5 scheduled by City. Any request for Contractor to participate in such an exercise shall be 6 made in writing at least thirty (30) days prior to the scheduled date of the exercise. 7 Within one hundred eighty (180) days after the effective date of this Agreement, 8 Contractor shall submit to City for review and approval its Emergency Response Plan of 9 operations. 10 In the event of an emergency or natural disaster, Contractor shall make available, to the 11 maximum extent possible, transportation and communications services and facilities to 12 assist City in ameliorating such incidents. To the extent City requires Contractor to 13 provide such emergency services and facilities Contractor shall be relieved of the 14 obligation to fulfill the duties and responsibilities to operate services herein above 15 contained. Further, Contractor shall be entitled to be paid reasonable compensation for 16 providing such emergency services and facilities, provided however, that the amount of 17 such compensation and time of its payment shall be mutually agreed upon by 18 Contractor and City following the conclusion of the emergency or disaster, or at such 19 other time as they may mutually agree. Training of personnel in emergency procedures 20 shall be the sole responsibility of Contractor and shall be included in the new hire and 21 monthly safety meeting training program. 22 P. Invoicing (Payment by City) 23 Contractor shall submit a detailed invoice to City on a monthly basis. City will pay 24 Contractor within fifteen (15) working days from the date of submission, contingent upon 25 receipt of a Monthly Operations Summary containing passenger, other requested 26 operating statistics, summary of fares collected, and the corresponding fares credit to 27 City. Without Contractor's timely submittal of the monthly reporting summaries the Transit Agreement Page 14 of 20 Exhibit A — Scope of Service Scope of Work 1 monthly invoice will not be paid. City may, at any time, conduct an audit of any and /or all 2 records kept by Contractor related to this service. 3 Q. Revenue to City (Payment by Contractor) 4 Contractor shall also submit a payment to City for the advertising rights to use the Bus 5 Shelters and the large buses. Currently twenty bus shelters are outfitted with 6 advertising kiosks. The revenue to City shall be fixed at the rate of $25 per Bus Shelter 7 (58) per month and $100 per Large Bus (4) per month. The Bus Shelters are listed in 8 Attachment 1 of the Scope of Services. 9 Based on fifty -eight bus shelters and operating four large buses, the revenue required 10 paid to City is $1,850 per month. The actual advertising revenue generated as managed 11 by Contractor shall belong to Contractor. Contractor may increase the intensity of 12 advertising to include bus shelters not currently advertising. However, if City adds bus 13 shelters outfitted with advertising kiosks, the revenue to City in connection with the 14 added kiosks shall be negotiated between City and Contractor. 15 Contractor shall not permit advertising of tobacco products, alcohol or any adult material or 16 content including advertising for adult conventions or events. Contractor shall also not 17 advertise any material relating to any event, movies or otherwise that may be sexual in 18 nature. At the request of the City the contractor shall remove any objectionable 19 advertisement immediately but no later than within 24 hours. The City may also at anytime 20 itself remove any advertisements, which it finds objectionable. 21 City may choose to exercise advertising rights itself, in such case the contractor shall not be 22 obligated to pay the advertising revenue to City. However, any prior agreements made by 23 Contractor and therefore binding Contractor to provide advertising in the Bus Shelters shall 24 be honored by City for the duration of agreement between Contractor and the advertiser 25 R. Records and Reports 26 City will work closely with Contractor in monitoring use patterns of service and the 27 viability of the schedules. Changes to the routing and /or scheduling, as it relates to Transit Agreement Page 15 of 20 Exhibit A — Scope of Service Scope of Work 1 improving the quality of local services and potentially connecting with regional 2 transportation services, may be anticipated and will require the cooperative efforts of 3 Contractor and City. 4 Monthly reporting will be required of Contractor in a format that will comply with NTD 5 Reporting. Routine reporting requirements over the term of this Agreement will include 6 but may not be limited to the data items detailed below. City reserves the right to 7 request modifications or additions to Contractor's reporting format and content. 8 Monthly reporting by service type and route to City shall include, at a minimum, but not 9 limited to: 10 Total Passengers — number of riders (noting fare type, free boardings and 11 transfers for in— service vehicles, system wide and by route.) 12 • Passenger Boarding on the Lift — system wide and by route. 13 Total Vehicle revenue Hours — number of hours vehicles are in revenue 14 operation, system wide and by route 15 • Total Vehicle Hours — including deadhead, system wide and by route. 16 Total Vehicle Revenue Miles — number of miles vehicles travel in revenue 17 service, system wide and by route. 18 • Total Vehicle Miles Report — detailing revenue service and deadhead mileage (to 19 include training, maintenance or other mileage), system wide and by route or 20 service type. 21 • Total Revenues Collected — total cash fares collected from passengers and total 22 non -cash fares recorded, system wide and by route. 23 • Total transfers issued for Fixed -Route — by fixed -route mode only. 24 • Total transfers received for Fixed -Route — by fixed -route mode only. 25 • Total Accidents and Road Calls — All types. Transit Agreement Exhibit A — Scope of Service Scope of Work Page 16 of 20 1 • Passenger Use of Bike Racks —Fixed route, system wide, and by route. 2 • Late Loops and Missed Loops per Billing Period - Fixed route mode and by route. 3 • No- Shows, Cancellations and Trips Completed - Demand response service and 4 by mode. 5 On -Time Performance — sample from each route of at least five time checks per 6 route per reporting period, reporting percent of time vehicles are at time points 7 zero minutes early and up to five minutes late of time points checked. 8 • Missed Service Hours — hours or fractions thereof of scheduled service not 9 provided. 10 • Accurate hours worked per month for all employees for computation of FTEs. 11 At City's request, bus stop counts of passenger on -off counts by stop will be collected 12 by the driver or other staff, as mutually agreed to by City and Contractor. 13 14 Contractor personnel are also expected to report missing bus stop signs, damaged or 15 graffiti bus stops or bus stop shelters observed during the course of normal transit 16 operations. Contractor personnel are asked to report accidents or suspicious activity 17 observed during the course of normal transit operations. Contractor records shall be 18 stored for no less than five (5) years after end of contract term or termination, final 19 payment in a safe and secure place. 20 S. Quality of Service 21 The following represents the minimum quality of service that is contemplated by this 22 agreement. Based on the previous performance history of transit service within City 23 those standards are achievable and represent the reasonable expectations of City and 24 transit riders. The level of compensation for services is contingent upon Contractor 25 meeting the performance standards. The following table lists the minimum quality of 26 service. Transit Agreement Page 17 of 20 Exhibit A — Scope of Service Scope of Work 1 Baldwin Park Transit Service Standards 2 T. Performance Standards and Compensation 3 Contractor shall provide timely and reliable transit service. This includes maintaining 4 high trip completion levels and operating within the specified arrival and departure MEASURE STANDARD Fixed-Route Services A. On-Time Performance (zero minutes early and up to five 95% minutes after the scheduled arrival time) B. ................................ .................. ................................................................................. .......................................... I ............ ........... Scheduled Hours of Operation (completion of scheduled ........................................ ................. 99.5% service hours ...................... C. 111". ......................................................... .................................................................... ........................... .......... ........... ...................................................................................................... ..___ Productivity (in passenger per hour) ................................................... .......... ............... 10.0 Dial-a-Ride Service ................................................ A. 1. '..' .............. ............................................... ....................................... ............................. ................................................................................................................... ...... On-Time - pick up within 40 minute window of call, based ........... ............. .................... .................................... 90% on dispatch estimate ............... ........... B. 1 ........... .................................................................... ........................... ............................................................ ............................................ . ............................... Average Wait-Time (elapsed 40 min. time between an ............................. ..................................... 40 minutes immediate service request and passenger pick-up) ............ C. .............. ........ ............................ ....................................................... .................................................... ................................... ......................... Average Service Time (wait-time plus ride time although ...................... ................................. ................... 60 minutes may be longer for service to/from outlying areas) .......... D. I ........... ............... ................................................................................... ......................................... . .. . . City DAR Productivity (passengers per hour) ...................................... .............. - ................ ............... ................... �! 4.5 pass. per hour .............. ........ E. 11.1- ............................. ................... ................. - ........................................... ..................... .......................................................................................... No-Shows (per reporting period) ................................................ ......... ... ............ 5% Overall System ............ ......... A. - .......... - 1.111,111111.1, .......................................................... ............................. - .............................................................. ............................. Customer Complaints (verifiable complaints, 3 monthly not ........................................................................ ..... .... .. 3 monthly including questions or comments ............................ 11 ............... B. .......................... ......... . .......................... - ............................................................ - .................................................... .................. .................... ............. ................ ....................................................................................................... Average Time Hold (Reservation Line) ............................................................................. ............. ................................................................................... ....................................... ..................... .................. ........ ........................... 60 seconds I ......................... ........... 111111. ........................................ 2 T. Performance Standards and Compensation 3 Contractor shall provide timely and reliable transit service. This includes maintaining 4 high trip completion levels and operating within the specified arrival and departure Transit Agreement Exhibit A — Scope of Service Scope of Work 1 times. Page 18 of 20 2 1. Missed service times in excess of four (4) scheduled service times in any 30 -day 3 period shall result in Contractor reducing compensation for that 30 -day period in the 4 amount of Sixty Dollars ($60.00) for each separate instance of service time missed in 5 excess of one -half hour, with a maximum 30 -day period reduction of One Thousand 6 Dollars ($1,000). 7 2. On -time performance standard is 95% of sampled runs per calendar month. 8 Contractor shall reduce compensation by Two Hundred Fifty Dollars ($250.00) per 9 calendar month in calendar month when trips sampled in that calendar month have an 10 on -time performance rate below 9 ? ?5 ? ? %. 11 3. Contractor shall reduce compensation by Two Hundred Fifty Dollars ($250) per 12 calendar month in any calendar month when customer complaints, verified by Clty to 13 have a basis in fact, exceed a rate of eight (8) per 10,000 passenger trips during that 14 calendar month. 15 U. Ongoing Planning and Marketing 16 Contractor shall participate with City in the design and implementation of any 17 reasonable changes in the system's operating characteristics. Also, recognizing 18 Contractor's expertise, Contractor shall advise City of any observations that suggest 19 modifications to the service may be warranted — in such areas as routing, scheduling, 20 marketing, and so forth — for purposes of improving the transit service. Implementing 21 Contractor's suggestions shall be at City discretion. 22 City shall be responsible for the design, printing, and procurement of all schedules, 23 passes, tickets and like materials required by service operations. Contractor shall assist 24 with distribution and dissemination of such materials in accordance with the provision of Transit Agreement Page 19 of 20 Exhibit A — Scope of Service Scope of Work 1 this Scope of Work and under directions subsequently provided by City. 2 City is exploring electronic fare media and may, during the term of this agreement, elect 3 to install electronic fare payment equipment, at City's expense. 4 V. Insurance 5 Contractor, simultaneously with the execution of this Agreement, shall furnish 6 certificates evidencing that the required worker's compensation and liability insurance is 7 in effect. 8 Evidence of California Worker's Compensation Insurance with Statutory Coverage and 9 Employer's Liability limits shall meet all State minimum requirements. A waiver of 10 Subrogation Endorsement in City's favor shall also be required from Contractor's City, 11 its officials, agents, and employees shall be named as additional insureds and various 12 requirements in this Agreement regarding endorsement of City shall be complied with, 13 including the provision to City of a Certificates of Insurance and additional insureds 14 endorsements of the type and amounts specified, provided to the City prior to the start 15 of the fixed -route service. Insurance offered to meet City requirements from this project 16 must be maintained with firms licensed in California and recognized by the State with 17 current A.M. Best's rating of no less than "A." 18 W. Receipt of New Vehicles and at Contract End 19 Contractor shall acknowledge receipt of the vehicles and equipment, as well as vehicles 20 subsequently added to the fleet, and that said items have been received in good 21 condition and working order. City will inspect the vehicles prior to award of contract and 22 periodically during the term of this Agreement. 23 When new vehicles are received by City, Contractor shall assist City and may, if 24 directed, act as agent of City in new vehicle inspections, prior to approving vehicles for Transit Agreement Exhibit A — Scope of Service Scope of Work 1 placement into service. Page 20 of 20 2 Upon termination of this Agreement contract, Contractor shall return all City- or County- 3 owned equipment, with no deferred maintenance or damage, less reasonable wear and 4 tear. Contractor shall, at its sole expense, repair or replace any City- or County-owned 5 equipment which may be damaged or lost by reason of collision, negligence, abuse, 6 vandalism, or other like cause. Contractor shall bear the cost of any identified repairs 7 which have not been completed prior to the end of this Agreement contract period. The costs shall be deducted from Contractor's final payment. However, in no event shall 9 Contractor's liability exceed actual cash value of vehicle(s) and equipment so damaged. 10 If and when City determines it will replace an existing transit vehicle(s), then Contractor 11 shall meet with City to determine what reduction in compensation if any will be credited 12 to City in recognition of reduced maintenance costs typically associated with newer 13 vehicles. Southland Transit Annual Revenue Service Hours First Year revenue service Hour Rate Fixed Route 19,600 $45.90 Dial -a -Ride 8,720 $45.90 Total Hours 28,320 $45.90 1 The revenue service hour rates shown above are for the year January 1. 2013 through 2 Veliembel 31, 20 13. reVellUe sevic hour rates, adverthsin- rights revenue and 3 payment for bus shelter maintenance for future years will be adjusted by the year to 4 year change in the November Consumer Price Index (CPI) for all urban consumers in 5 Los Angeles-Riverside-Orange County not to exceed an increase greater than five 6 percent (5 %). 7 For example the revenue service hour rate for 2014 will be adjusted based on the 8 change in CPI from November 2012 to November 2013. Transit Services Agreement Exhibit C — Schedule of Performance Page 1 of 2 SCHEDULE OF PERFORMANCE 1 The term of the Agreement is a five (5) year term commencing on: 6 January 1, 2013 3 Upon completion of the initial five -year term, at its sole discretion, City may extend this 4 Agreement contract twice, each for a two (2) two year term, provided that any changes 5 in the terms and conditions of this Agreement are mutually agreed upon by both parties. 6 Hours and Days of Operation 7 Fixed -route service will be provided on the designated routes during the week, 8 approximately 249 weekday per year and 107 weekends and holidays per year, 9 depending upon when certain holidays fall. Vehicles are expected to be in revenue 10 service 13 hours per weekday. Saturday service only ten hours of service are provided. 11 Sunday service is provided or planned for five hours. Dial -A -Ride services will operate 12 eleven hours including weekends. The holidays observed are New Year's Day, Martin 13 Luther King's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, 14 and Christmas Day. When there is a possibility of the same holiday being celebrated on 15 more than one date, City shall set the date. 16 Descriptions of Service Modes 17 A brief description of the Transit Service modes provided by the Transit Contractor is 18 herein described. Transit Services are provided seven days a week at consistent and 19 varying levels, Monday through Saturday with some variation in the hours of service by 20 mode, and on Sunday at more limited hours. Transit Services generally observe the 21 following holidays when no service is provided on fixed route, although dial -a -ride 22 service are operational on these holiday days: 23 a. New Year's Eve and Day, 24 b. Martin Luther King's Day, 25 c. Memorial Day, 26 d. Independence Day, 27 e. Labor Day, 28 f. Thanksgiving Day, and 29 g. Christmas Eve and Day. 30 1. Fixed -Route Service: 31 The fixed -route is served by four buses involving two routes. One route is called the 32 "Teal Line" and buses run in a clockwise manner. The other route is called "Pumpkin 33 Line" with buses running counter - clockwise. Two buses run 30 minutes apart on each 34 route. Transit Services Agreement Exhibit C — Schedule of Performance Page 2 of 2 1 Fixed route service is provided seven days per week. Service hours are: 2 Monday through Friday 6:00 am to 8:30 pm 3 Saturday 8:00 am to 5:00 pm 4 Sunday 9:00 am to 4:00 pm 5 2. City Dial -a -Ride Service: 6 City Dial -A -Ride is an ADA accessible program serving riders within City's jurisdictional 7 boundaries. This service is intended to provide transportation for senior citizens age 60 8 and over as well as persons with disabilities, by group load or individual service. 9 Currently there is a 40- minute response time allowance with the average response 10 being approximately 20 minutes. 11 Door -to -door service is provided. Trip requests are made in advance or on the day the 12 individual wishes to travel. Advanced reservations (taken up to two weeks in advance) 13 and subscription/standing order trips account for less than 10°0 of the ridership. 14 Services are predominantly next -day or same -day reservation. Riders typically request 15 service at the time they are ready for transport. Priority is given to patrons with medical 16 and rehabilitation appointments. Regular patrons are encouraged to apply for and 17 obtain a City issued Dial -A -Ride card so that it may be shown to the driver when the 18 individual's disabling condition is not immediately apparent. 19 City dial -a -ride operating hours are: 20 Monday through Friday 5:00 am to 6:00 pm 21 Saturday & Sunday 6:00 am to 6:00 pm 22 23 3. Purchase of Optional Services (Special Trips). 24 25 In addition to regular operations, Contractor may, from time to time, upon receiving 26 specific written authorization from City, be asked to provide special transportation 27 services using Transit Services vehicles. These special services will be provided when 28 determined by City to be in the public interest, do not interfere with Transit Service's 29 regular operation and are in compliance with applicable federal and state statutes. 30 Contractor shall be paid for these services at the same hourly rate as the Fixed -Route 31 Service. CITY OF BALDWIN PARK re JUN 5 a ITEM N0. --1 --- P A • R • K TO: Honorable Mayor and Members of the City Cot FROM: Daniel Wall, Director of Public Works DATE: June 5, 2013 STAFF REPORT SUBJECT: AUTHOQ17P THE INSTALLATION OF SIX ADr)lTintu ®t ELECTRIC VEHICLE CHARGING STATIONS AT THE CITY OF BALDWIN PARK TRANSIT CENTER PROJECT PURPOSE This report requests City Council authorize the installation of six additional electric vehicle charging stations at the City of Baldwin Park Transit Center Project as required by the MSRC grant for a cost of $25,350. BACKGROUND AND DISCUSSION On March 7, 2012, the City Council awarded a construction contract to PCL Construction Services Inc. in the amount of $8,631,300 for the construction of the City of Baldwin Park Transit Center Project. On June 6, 2012, the City submitted a grant application proposing the installation of an electric vehicle charging facility. These electric vehicle charging stations would be powered by a solar array and would be accessible to a wide variety of electric vehicles. On September 7, 2012, the South Coast Air Quality Management Governing Board approved funding for the installation of electric vehicle charging stations in the City of Baldwin Park Transit Center. Subsequently, the MSRC awarded the City funds in the amount of $463,650 for the project. The grant requires the City to provide $463,650 in matching funds from restricted AB 2766 (AQMD) funds, for a total project cost of $927,300. The Transit Center was originally designed to include four electrical vehicle charging stations. The grant requires the installation of six additional electrical vehicle charging stations. Staff has negotiated with PCL Construction Services, Inc to install six additional electric vehicle charging stations meeting the requirements of the MSRC grant. The negotiated price of $25,350 for this work has been determined to be reasonable by staff. Transit Center —Authorize Installation of Charging Stations Page 2 of 2 June 5, 2013 FISCAL IMPACT General Fund money has not been used to pay for this project. The funds being used for the six additional electric vehicle charging stations were granted by the MSRC for this purpose and are being matched by AB 2766 (AQMD) funds that are restricted for use for transportation related purposes and cannot be used for General Fund operations. RECOMMENDATION Staff recommends that the City Council: Authorize PCL Construction Services Inc. to install six additional electric vehicle charging stations for a cost of $25,350. ATTACHMENT Additional Work Proposal DELTErzRA ti BALDWIN ADDITIONAL WORK ORDER e K Contractor : PCL Construction Services, Inc. AWO Number: 062.1 FTA 5309: CA -04- 0094 -03 Project Name: Transit Center Parking Structure Project Number: FTA 5309: CA -04- 0088 -03 To: (CM Firm) Del Terra Group Date Generated: 8- May -13 From: (Contractor) PCL Construction Services, Inc. Contract Number: Description of Work: RFI No. CCD No. RFP No Supply and install 4 additional electric vehicle_ charging_ stations_ at locations designated as "Future" on Levels 2 and 4 - conduit provided in base bid. Also supply and install 2 additional charging stations and additional equipment along shearwall at Level 2 - grid 1 with surface mounted conduit. A Material (attach itemized quantity and unit cost plus sales tax) B. Labor (attach itemized hours and rates) C Equipment (attach itemized list) C . Equipment (attach itemized list) D. Subtotal E. Overhead & Profit for Sub - Not to exceed 20% OH &P for labor, 15% OHP for Materials and 15% OH &P for equipment of item D. Bonds /Insurance for GC: 1.2% -Sub bond, 0.76 % -P &P, 0.15 % -All -risk, 0.2 %- IS, 1 % -PL +PD = 3.3% F Subtotal GC Extra Sub Extra CREDIT Enter Legar ive Numbers $ - $ - $ $ - $ 20,259 $ $ 771 $ 3,039 $ 771 $ 23,298 G. 5% Profit of subcontractor total cost. $ 1,281 h K Total Grand Total $ 25,350 $ 2,052 $ 23,298 This proposal requires a schedule activity to be added to the Contractor's Construction Project Schedule. The duration of this activity is estimated to be calendar day(s). A schedule analysis, per General Conditions 12, will be done to determined if this proposal will change the contract milestone(s). L, Kevin Doetzl 8- May -13 PCL Construction Services, Inc. Signature Date Del Terra Signature Date r - LICENSE N0. 290194 WNW �.. -. LICENSED ELECTRICAL CONTRACTOR P.O. BOX 926 330 North Basse Lane Brea, California 92821 (714) 256 -8414 FAX (714) 671 -9972 May 9, 2013 TO: PCL Construction Services, Inc. 700 N. Central Avenue, Suite 700 Glendale, California 91203 JOB: Baldwin Park TC Parking Structure 3821 Bogart Ave Baldwin Park CA RE: COR -12 ATTN: Kevin Doetzl APOLLO: Car Charging Stations Budget ADDITIONAL WORK ORDER TOTAL SUMMARY TOTAL SUMMARY: 2 Material Total $11,94E 3 Direct Job Expense Total $2,30( 4 Subcontractor Total $( 5 Bond $( TOTAL OF THIS WORK ORDER REQUEST 11 $23,29E Furnish and install Six (6) GE EV Car Battery Chargers. Four (4) will be placed at future locations on 2nd and 4th levels and only new wiring, circuit breakers and connections are required. Remaining Two (2) will be placed above electrical room on the south wall of level 2. New circuit breakers, conduit, & wiring shall be provided and connected to existing 208 volt panels. 1 Engineering, Plans, Permits or Plan Check Fees. 2 Structural calcs for beam or deck penetrations. 3 File: COR- 12 Page 1 of 3 WORK ORDER SUMMARY LABOR SUMMARY : 4.74 1 Foreman 1 $83.051 $393.66 1.90 Material Handling $36.00 $68.26 101.44 1 TOTAL HOURS SUBTOTAL $7,870.5 15 %O/ $1,180.5 TOTAL $9,051.1 M31%lh Me► :AA 1 2 1 Miscellaneous Material 1 $189.041 SUBTOTAL $9,640.9 9% SALES TA $747.1 FREIGHT $O.0 SUBTOTAL $10,388.1 15 %Oi $1,558.2 TOTALI $11,946.3 File: COR -12 Page 2 of 3 WORK ORDER LABOR & MATERIAL ESTIMATE ® LABOR ESTIMATE V MATERIAL ESTIMATE Car Chargers _............_..._ 0 1 -1/2 EMT " 7.00 0.00 C $138.24 $0.00 C 30 3/4" GRC 6.00 1.80 C $159.74 $47.92 C 50 1" GRC 7.00 3.50 C $26184 $131.92 C 24 3/4" Li uidti ht metallic 3.501 0.84 C $148.03 $35.53 C 0 4" Li uidti ht metallic 21.00 0.00 C $1,460.13 $0.00 C 0 1 -1/2" EMT Elbow 0.40 0.00 E $512.91 $0.00 C 2 3/4" GRC Elbow 0.40 0.80 E $391.69 $7.83 C 3 1" GRC Elbow 0.50 1.50 E $600.60 $18.02 C 0 1 -1/2" Set Screw Steel Conn 0.20 0.00 E $145.74 $0.00 C 0 1 -1/2" Set Screw Steel C la 0.22 0.00 E $145.72 „_,., 8 3/4" Locknut 0.12 0.96 E $17.35 $1.39'_ C 4 1" Locknut 0.14 0.56 E $29.57 $1.18 C 4 3/4" Plastic Bushing 0.12 0.48 E $9.35 $0.37 C 2 1" Plastic Bushing 0.14 0.28 E $16.46 $0.33 C 0 1 -1/2" Plastic Bushing 1 0.20 0.00 E $26.28 $0.00 C 2 3/4" Cut & Thread 0.25 0.50 E $0.00 $0.00 E 2 1" Cut & Thread 0.32 0.64 E $0.00 $0.00 E 2 3/4" GRC Coupling 0.12 0.24 E $113.25 $2.27 C 2 1" GRC Coupling 0.16 0.32 E 169.051 $3.38 C 6 3/4" Seal -tite Conn Str 0.15 0.90 E $394.54 $23.67 C 0 4" Seal -tite Conn Str 0.80 0.00 E $130.21 $0.00 E 6 3/4" Seal -tite Conn 90 Degree) 0.44 2.64 E $730.43 $43.83 C 0 4" Seal -tite Conn 90 Degree) 1.50 0.00 E $141.90 $0.00 E 4 3/4" 1 -Hole Strap 4.00 0.16 C $32.48 $1.30 C 7 1" 1 -Hole Strap 4.00 0.28 C $15.57 $1.09 C 0 3/4" 2 -Hole Strap 4.50 0.00 C $15.79 $0.00 C 0 4" 2 -Hole Strap 6.25 0.00 C $188.31 $0.00 C 0 1 -1/2" Unistrut Strap 16.00 0.00 C $83.51 $0.00 C 24 3/8" Self Drill Anchor 28.00 6.72 C $69.60 $16.70 C 6 4" Square Box 1/2 & 3/4 KO's 0.30 1.80 E 103.441 $6.21 C 1 4- 11116" Square Box Comb KO's 0.30 0.30 E $348.59 $3.49 C 1000 #10 THHN CU Stranded Wire 7.50 7.50 M $226.11 $226.11 M 4000 #8 THHN CU Stranded Wire 10.00 40.00 M $344.99 $1,379.96 M 0 #6 THHN CU Stranded Wire 12.00 0.00 M $535.39 $0.00 M 0 #2 THHN CU Stranded Wire 18.00 0.00 M $1,359.82 $0.00 M 0 #1/0 THHN CU Stranded Wire 22.00 0.00 M $2,165.93 $0.00 M 0 #2/0 THHN CU Stranded Wire 24.00 0.00 M $2,715.08 $0.00 M 0 #600MCM THHN CU Stranded Wire 48.00 0.00 M $1,223.45 $0.00 C 0 112.5 KVA 3PH Transformer 480V X 208V 30.00 0.00 E $0.00 $0.00 E 6 40A 2P 120/240V Bolt -On Circuit Breaker 0.70 4.20 E $47.22 $283.32 E 6 4" Square Flat Blank Cover w /KO 0.12 0.72 E $55.58 $3.33 C 1 4- 11/16" Square Box Blank Cvr w /KO 0.16 0.16 E $180.25 $1.80 C 0 400 Amp Surf Panel -Nema 1 16.36 0.00 E $0.00 $0.00 E 6 GE EV CHARGER 2.50 15.00 E $1,196.00 $7,176.00 E 1 1 -1/2" CORE /SEAL 2.00 2.00 E $35.00 $35.00 E 0 175/3 CB ADD TO EXISTING 4.00 0.00 E $0.00 $0.00 E 0 LOT SWITCHGEAR 0.00 0.00 E $7,564.00 $0.00 El TOTAL LABOR HOURS 1 94.801 TOTAL MATER/Ad $9,,451.95 File: COR -12 Page 3 of 3 SUBJECT: AWARD A CONTRACT FOR THE CONSTRUCTION OF SIDEWALK IMPROVEMENTS TO MORA'S EQUIPMENT AND CONSTRUCTION, INC. IN THE AMOUNT OF $30,475 PURPOSE This report requests that the City Council award a construction contract for the construction of sidewalk improvements to Mora's Equipment & Construction, Inc. in the amount of $30,475. BACKGROUND This project will repair damaged sidewalk along Ramona Boulevard between Alderson Avenue and Baldwin Park Boulevard. The majority of the sidewalk being repaired has been damaged by tree roots. At each location to be repaired, the Contractor will remove the damaged section of sidewalk, replace a six -inch layer of soil with six - inches of gravel, and pour a new concrete sidewalk. The six -inch layer of gravel will detour destructive root growth under the sidewalk and prevent future damage. This portion of Ramona Boulevard was selected for this project due to its high level of pedestrian traffic. This project was advertised by publishing a "Notice Inviting Bids" in accordance with the provisions of the Government Code and in accordance with the City's procurement policy. DISCUSSION The rejection of bids at the April 17, 2013, City Council meeting for Barnes Park Playground Improvement Project created an urgency to use $30,700 in TDA funds that are in jeopardy of being forfeited to the MTA if not encumbered by June 30, 2013. This project was bid on a unit price basis to ensure that the full $30,700 will be used for sidewalk repairs. Award Contract to Mora's Equipment & Construction, Inc. On May 22, 2013, three (3) bids were received, opened, and declared publicly. A summary of the bids received is shown below. Contractor Bid Amount 1, Mora's Equipment and Construction, Inc. $8.35 per square foot of sidewalk 2. PTM $13.00 per square foot of sidewalk 3. Gentry Brother's $15.25 per square foot of sidewalk The lowest responsive bidder is Mora's Equipment & Construction, Inc. Mora's Equipment and Construction, Inc. has recently completed similar roadway improvements for the Cities of Chino Hills, Bellflower and Seal Beach. This Contractor has a Class "A" and "C21" Contractors' licenses in good standing with the State Contractors' Board. A background search including an Internet search shows no irregularities regarding this Contractor. FISCAL IMPACT There is no fiscal impact to the General Fund associated with this project. Staff has obtained authorization to expend $30,700 of TDA funds in jeopardy of being forfeited. The following table summarizes the funds authorized for the project: RECOMMENDATION Staff recommends that the City Council: 1, Award a Construction Contract to Mora's Equipment & Construction, Inc. in an amount not to exceed $30,475, and 2. Authorize the Mayor to execute the attached agreement. ATTACHMENTS 1. Construction Contract / Agreement 2. Proof of State Contractor's License IN THE CITY OF BALDWIN PARK THIS AGREEMENT, made and entered into this day of June, 2013 'byand between CITY OF BALD\N/|N PARK, CALIFORNIA, @ 08nene| law city, hereinafter referred to as "CITY" and "CONTRACTOR." That the QTY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. The complete Construction Contract /Agreement consists of the Contract Documents set forth in Exhibit "A" which is attached hereto and incorporated herein by reference. In case Of conflict between the Contract DoCu08nts, the precedence Of documents shall be as established in the Special Pn}v/S/Vne. 2. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the |8b0r' nnatBriG!S. necessary to0|a' expendable equipment, and all utility and transportation services required for the following work of improvement: TDA Pedestrian Street Improvement Project (the "Work Of|0provement''\ all in accordance with the Contract Documents and CONTRACTOR'S Proposal dated MaV 22, 2013. CONTRACTOR agrees to perform all the work and furnish all the rnate[i@\S at his Ovvn cost and expense necessary to construct and complete in agO0d and workman-like manner and to the Sobnf@CtiOn of the City Engineer of the CITY, the Work of Improvement in 8CCOFd3noe with the plans, specifications, and Contract Documents (the "Specifications") therefore prepared by City's Engineering Department and adopted by the City Council. J. CITY eg[88S to pay and CONTRACTOR agrees to accept in full payment for this Work of Improvement 8D amount not tO exceed the stipulated sum of thousand, four hundred and seventy five dollars ($30,475) which ie based oOperforming all vxOrh related to all of the bid quantities shown on Bid Schedule as full compensation for furnishing all nnet8[i8|S, performing all work, and fulfilling all obligations hereunder. CITY 8gF88S to rnah8 monthly payments and final payment in accordance with the method set forth iD the Specifications. 4. CONTRACTOR agrees to commence construction of the Work of Improvement within ten (10) days after issuance of Notice To Proceed, and to continue in e diligent and workman- like manner without interruption, and t0 complete the construction thereof within Calendar days (also specified in the CONTRACTOR'S Bid Proposal) from the commencement date stated in the Notice to Proceed. 5. l-inle is of essence of this Contract, and it is agreed that it would be impracticable or eXtnarn8|y difficult to ascertain the extent of 8utuo| |OSS or damage which the CITY will sustain by reason of any delay in the performance of this Agreement. It is, therefore, agreed that CONTRACTOR will pay as liquidated damages to the CITY the following sum: Five Hundred Dollars ($500.00) for each day's delay beyond the time herein prescribed for finishing work as further detailed in Section 6 -9 of the Specifications. If liquidated damages are not paid, as designated by the CITY, the CITY may deduct the amount thereof from any money due or that may become due the CONTRACTOR under this Agreement in addition to any other remedy available to CITY. The CONTRACTOR shall not be assessed liquidated damages for any delay caused by the failure of a public utility to relocate or remove an existing utility required for the performance of this Contract. 6. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the work of improvement a salary or wage at least equal to the prevailing salary or wage establi -herl for such work as set forth in the wage determinations for this work. Travel and subsistence pay shall be paid in accordance with Labor Code Section 1773.8. The CONTRACTOR shall forfeit to the CITY, as penalty, Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by him or any subcontractors under him) less than the prevailing rate described above on the work provided for in this Agreement, all in accordance with Section 1775 of the Labor Code of the State of California. CONTRACTOR, by executing this Agreement, hereby certifies that it shall adopt the current general prevailing Federal and /or State rates of wages applicable to the Work of Improvement. CONTRACTOR understands this is a federally assisted construction project and Federal Labor Standards, including Davis -Bacon Act requirements, will be enforced. CONTRACTOR acknowledges that if Federal and State wage rates are applicable, then the higher of the two will prevail. 7. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8) hours in a day from any person employed by him hereunder, except as provided in the Labor Code of the State of California. The CONTRACTOR shall adhere to Article 3, Chapter 1, Part 7 (Sections 1810, et seq.) of the Labor Code of the State of California, and it is agreed that the CONTRACTOR shall forfeit to the CITY as a penalty the sum of Fifty Dollars ($50.00) for each worker employed in the execution of this Contract by the CONTRACTOR or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in violation of that article. 8. CONTRACTOR, by executing this Agreement hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 9. CONTRACTOR shall, prior to the execution of this Contract, furnish two bonds approved by the CITY, one in the amount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithful performance of the work, and one in the amount of One Hundred Percent (100 %) of the Contract price to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond equal to at least ten percent of the final contract price or $1,000, whichever is greater. |N WITNESS WHEREOF, the said CONTRACTOR and the CITY MANAGER and CITY CLERK of the CITY have C@USed the O8DleS of said parties to be affixed h8[8tO, each in triplicate, the day and year first above written. Alejandra Avila, CITY CLERK CONTRACTOR BY (Title) BY CITY {}FBALDVV|NPARK Manuel Lozano, MAYOR APPROVED AS TO FORM: CITY ATTORNEY EXHIBIT "A" TDA PEDESTRIAN STREET IMPROVEMENTS PROJECT IN THE CITY OF BALDWIN PARK Notice Inviting Bids Instructions to Bidders & Information for Bidders Bidder's Proposal Contract / Agreement Specifications Documments in the Appendix (if any) Modifications and Amendments thereto Mora's Equipment & Construction, Inc. Check a License - License Detail - Contractors State License Board Page I of 2 DEPARTMENT OF CONSUMER AFFAIRS Contractors State License Board Contractor's License Detail - License # 910902 & DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations- 4 CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or lep] 2rtinn information. -* Per B&P 7071-17, only construction related civil judgments reported to the CSLB are disclosed. 4 Arbitrations are not listed unless the contractor falls to comply with the terms of the arbitration. -W Due to workload, there maybe relevant information that has not yet been entered onto the Board's license database, License Number 910902 Extract Date 5/2212013 .... . ............. .... . ........ - .... . ............ MORNS EQUIPMENT & CONSTRUCTION INC dba MORA'S EQUIPMENT & CONSTRUCTION Business Information Business Phone Number: (562) 948-1838 9245 NAN - - ---- ---- ------- ------ P�ICCRIVERA, CA 90660 - .... ...... ... Entity Corporation Issue Date 02/1912008 . . ... ...... ....... ........ .. . . . . . ... . ...... ............. . . ... ... . . ........... Expire Date 0212812014 ACTIVE License Status This license is current and active. All information below should be reviewed. .... . ........ CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR Classifications C21 BUILDING MOVING, DEMOLITION ..... .. ........ ........ .. ---- -- . . .......... . CONTRACTOR'S BOND This license filed a Contractor's Bond with NAVIGATORS INSURANCE COMPANY. Bond Number: 04BC010321 Bond Amount: $12,500 Effective Date: 0310 1 1201 1 Bonding Contactors Bond, History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) MORA DAVID ANTHONY certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required, Effective Date: 06/08/2011 B01's Bond History Workers' Compensation WORKERS' COMPENSATION https:llwww2.cslb.ca.gov/onlineservices/eheeklicenselIlLicenseDetail.aspx?LicNum=910902 5/22/2013 JUN 5 CITY OF BALDWIN PAAK" NO °STAFF REPORT TO: Honorable Mayor and Members of the City C< FROM: Daniel Wall, Director of Public Works �M DATE: June 5, 2013 SUBJECT: RESOLUTION NO. 2013 -011 APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2013 -2014, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING PURPOSE The purpose of this report is to request that the City Council adopt a resolution approving the Engineer's Report, declare the intention to levy and collect assessments, and set a date and time for a public hearing for the Citywide Park Maintenance Assessment District for FY 2013 -2014. The recommended hearing date is July 3, 2013. BACKGROUND The purpose of the Citywide Park Maintenance Assessment District (PMD) is to serve as a mechanism for the financing of operations and maintenance associated with the City Parks. It is recommended that the City continue these parks maintenance programs and fund them through special assessments provided by the PMD. In 1996, City of Baldwin Park property owner's approved the formation of a Park Maintenance Assessment District to financially support for these programs, and the PMD's formation was established in conformance with Proposition 218. On March 20, 2013 the City Council approved a resolution which authorized initiating the FY 2013 -2014 PMD and ordered the preparation of the Engineer's Report. DISCUSSION The Engineer's Report has been prepared and it provides sufficient details and the legal mechanism to re- establish the district, summarizes the costs and expenditures of the District, and explains the methodology for distributing the assessments. Resolution No. 2013 -011 Approving the PMD Engineer's Report Page 2 of 4 June 5, 2013 The Engineer's Report was prepared in accordance with the requirements of Articles XIIIC and XIIID of the California Constitution and the Landscaping and Lighting Act of 1972, and Sections 22500 et seq. of the California Streets and Highways Code. Based on State Proposition 218 Guidelines and Procedures, Baldwin Park property owners approved the formation of a Citywide Park Maintenance Assessment District and established assessments thereof beginning in FY 1997 -1998. Under the proposed FY 2013 -2014 PMD, the typical homeowner will be assessed $33.19 for parks maintenance. This amount represents an increase of 42 cents for one year over last year's amount. The adjustment is based on a 1.27 % increase in the Consumer Price Index (CPI) which is an allowed escalation in the PMD. The following table outlines the proposed assessment for the Citywide Park Maintenance Assessment District. Since the PMD's inception, the City has annually contributed about $500,000 to balance the annual shortfall of District revenues compared to District costs. In June 2002, the City did not obtain the necessary voter approval to increase the assessment rates to cover the deficit. Consequently, the General Fund has continued to fund the differences between the revenues from the PMD assessments and the actual costs. Over the last few years, however, staff has improved operational efficiencies and reduced the intensity of maintenance, and last year's City General Fund contribution is estimated to be $217,000. That amount represents the lowest deficit since 2002. ASSESSMENT FACTORS Land Use Description Population / Unit EDU Assessment Rate Single Family Residential 4.06 /unit 1.00 /unit $33.19 /unit Vacant Single Family Residential -- - - - - -- 0.40 /parcel $13.28 /parcel Condominium 3.75 /unit 0.92 /unit $30.53 /unit Multiple Family 4.25 /unit 1.04 /unit $34.52 /unit Mobile Home 2.03 /unit 0.50 /unit $16.60 /unit Non - Residential > 1 acre 4.00 /acre 4.00 /acre $132.76 /acre Non - Residential > .5 - < 1 acre 4.00 /parcel 4.00 /parcel $132.76 /unit Non - Residential < .5 acre 4.00 /parcel 2.00 /parcel $66.38 /parcel Vacant Non - Residential > 1 acre - - - - -- 1.60 /acre $53.10 /acre Vacant Non - Residential >.5 acre - <1 acre - - - - -- 1.60 /parcel $53.10 /parcel Vacant Non - Residential <.5 acre - - - - -- 0.80 /parcel $26.55 /parcel Institutional 1.00 /parcel 1.00 /parcel $33.19 /parcel Vacant Institutional - - - - -- 0.40 /parcel $13.28 /parcel Government > 1 acre 4.00 /arce 1.00 /acre $33.19 /acre Government > .5 acre - < 1 acre 4.00 /parcel 1.00 /parcel $33.19 /parcel Government < .5 acre 4.00 /parcel 0.50 /parcel $16.60 /parcel Exemption - - - - -- 0.00 /parcel $0.00 /parcel Since the PMD's inception, the City has annually contributed about $500,000 to balance the annual shortfall of District revenues compared to District costs. In June 2002, the City did not obtain the necessary voter approval to increase the assessment rates to cover the deficit. Consequently, the General Fund has continued to fund the differences between the revenues from the PMD assessments and the actual costs. Over the last few years, however, staff has improved operational efficiencies and reduced the intensity of maintenance, and last year's City General Fund contribution is estimated to be $217,000. That amount represents the lowest deficit since 2002. Resolution No. 2013 -011 Approving the PMD Engineer's Report Page 3 of 4 June 5, 2013 Through continued improved operational efficiencies and reductions in maintenance intensity and increased projected assessment revenue, the operating deficit between revenues and expenditures for this fund in the coming year is estimated to be limited to $198,000. If the Engineer's Report receives approval, the next step would be to hold a public hearing, and thereafter the City Council could authorize ordering the assessment through the property tax assessments billed by the County tax collector. FISCAL IMPACT The following table summarizes the District revenue and expenditure status: FY 2013 -2014 Beginning Fund Balance (July 1, 2013 $0 Estimated Revenues Proposed PMD Revenue, FY 2013 -2014 $674,000 City Contribution - General Fund, FY 2013 -2014 $198,000 Total Estimated Funds Available, FY 2013 -2014 $872,000 Projected Expenditures Park Maintenance and Operation $872,000 OH & Transfers In /Out $0 Total Projected Expenditures, FY 2013 -2014 $872,000 Projected Ending Fund Balance June 30, 2014) $0 The total cost of the District for FY 2013 -2014 is estimated to be $872,000. The City anticipates revenue of $674,000 from the FY 2013 -2014 Citywide Park Maintenance Assessment District. A General Fund transfer of $198,000 will be included in the recommended FY 2013 -2014 budget to cover the District shortfall. RECOMMENDATION Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution No. 2013 -011 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2013 -2014, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING." Resolution No. 2013 -011 Approving the PMD Engineer's Report Page 4 of 4 June 5, 2013 raiIf_T-4q—I 1. Resolution No. 2013 -011 2. Engineer's Report dated 3. CPI — All Urban Consumers Attachment 1 RESOLUTION NO. 2013 -011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2013 -2014, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING WHEREAS, pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being known as the "Landscaping and Lighting Act of 1972" and Article XIIID of the State Constitution an Engineers Report has been prepared consisting of plans and specifications, an estimate of the cost, a diagram of the Maintenance District and an assessment relating to what is now designated as: CITY OF BALDWIN PARK CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT (Hereinafter referred to as "District "); and WHEREAS, there now has been presented to this City Council, the Report as required by Division 15 of the Streets and Highways Code and Article XIIID of the State Constitution; and WHEREAS, this City Council has now carefully examined and reviewed the Report as presented and is satisfied with each and all of the items and documents as set forth therein and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the benefits received from the maintenance to be performed as set forth in said Report. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the Report as presented, consisting of the following: a. Plans and Specifications b. Estimate of the Cost c. Diagram of the Maintenance District d. Assessment of the Estimated Cost is hereby approved and is ordered to be filed in the office of the City Engineer as a permanent record and to remain open for public inspection. Resolution No. 2013 -011 Page 2 of 3 SECTION 3. That it is the intention of the City Council, consistent with the public interest and convenience, to levy and collect annual assessments for FY 2013 -2014 for the construction and continued maintenance of certain public facilities within the Citywide Park Maintenance Assessment District, all to serve and benefit said District as said area is shown and delineated on a map shown in the Engineer's Report on file in the office of the City Engineer, open for public inspection, and herein so referenced and made a part hereof. SECTION 4. That a public hearing shall be held before this City Council, in the Council Chambers, 14403 E. Pacific Avenue, Baldwin Park, on Wednesday, July 03, 2013, at the hour of 7:00 p.m. pursuant to the "Landscaping and Lighting Act of 1972" and Article XIIID of the State Constitution, for the purposes of hearing protests, comments, or objections in reference to the annual levy of assessments and the extent of the works and maintenance of improvements, and this Council's determination whether the public interest, convenience, and necessity require the improvements. SECTION 5. That the City Clerk is hereby authorized and directed to publish a copy of this Resolution in the San Gabriel Valley Tribune, a newspaper of general circulation in said City; said publication shall not be less than ten (10) days before the date of said Public Hearing. SECTION 6. For any and all information relating to the procedures, protest procedure, documentation and /or information of a procedural or technical nature, the public's attention is directed to the office listed below as designated: Daniel Wall, Director of Public Works / City Engineer City of Baldwin Park (626) 813 -5255 SECTION 7. That the City Clerk shall certify to the passage and adoption of the Resolution and the Minutes of the meeting shall so reflect the presentation of the Engineer's Report. PASSED, APPROVED, AND ADOPTED this 5t" day of June 2013. . �• ATTEST: Resolution No. 2013-011 Page 3 of 3 STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I 1, ALEJANDRA AVILA, Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2013-011 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on June 5, 2013 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT- COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJAN DA AVILA CITY CLERK I A A-4ZSESSMEIVT FAlf,-lAiFFR5JZ REPORT PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972, PART 2 DIVISION 15 OF THE STREETS AND HIGHWAYS CODE, ARTICLE XIII.D. OF THE CALIFORNIA CONSTITUTION AND THE PROPOSITION 218 OMNIBUS IMPLEMENTATION ACT (GOVERNMENT CODE SECTION 53750 ET SEC,?) I'm- TTI M- FA V F WO Prepared for I IN P A, R,, K Prepared b_v.- sTelrufflow Tif7rWrow City of Baldwin Park Citywide Park Maintenance Assessment District Page i CITY OF BALDWIN PARK ASSESSMENT ENGINEER'S REPORT CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FISCAL YEAR 2013 -14 The Streets and Highways wuc, Part 2, Division 15, Article 4, commencing with ..:)ccL,;-- 22565, directs the preparation of the annual report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements described herein. SECTION DESCRIPTION PAGE ExecutiveSummary ........................................................... ............................... 1 Report................................................................................ ............................... 2 Part A - Plans and Specifications for the Improvements .. ............................... 4 Part B - An Estimate of the Costs of the Improvements ... ............................... 5 Part C - A Diagram for the Assessment District ................ ............................... 6 Part D - An Assessment of the Estimated Costs of the Improvements .......... 7 Part E — Property Owner List and Assessment Roll ....... ............................... 15 parkreport1314draft Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 1 EXECUTIVE SUMMARY The purpose of the Citywide Park Maintenance Assessment District is to generate revenues for the financing of the installation, maintenance and servicing of parks and recreational improvements, and certain facilities directly in support of such improvements and programs. Based on the provisions of the Landscape and Lighting Act of 1972, Article XIII.D. of the California Constitution (Proposition 218), and the Proposition 218 Omnibus Implementation Act, Baldwin Park property owners approved the formation of a Citywide Park Maintenance Assessment District and established assessments thereof beginning in Fiscal Year 1997 -98. In June 2002, the City was unable to obtain the necessary property owner approval to increase the assessment rates to cover the increased costs of park maintenance. Consequently, the General Fund has been subsidizing the differences_ between_ the actual cost and the revenue from the assessment. This report is pursuant to and in compliance with Articles XIII.0 and XIII.D of the California Constitution and the Landscaping and Lighting Act of 1972. Based on the findings in this report, the assessment roll is generated wherein each Assessor's Parcel Number in the City of Baldwin Park is identified along with the amount assessed for the Park Maintenance Assessment District for Fiscal Year 2013 -14. The assessment roll is included as part of this report, but is not bound herein. For Fiscal Year 2013 -14, the Citywide Park Maintenance Assessment District is proposed to generate revenue of approximately $674,000, while the cost of park maintenance is budgeted at $872,000. The difference of $198,000 will be covered by the City's General Fund. The City has made an effort to reduce this program's impact on the General Fund, and over the last several years the City has steadily reduced park maintenance costs. Three years ago, for example, the City's General Fund contribution was $232,000. The General Fund contribution is for general benefits and is not assessed. The proposed Fiscal Year 2013 -14 assessments are 1.29% higher than last year based on the CPI adjustment allowed by the Citywide Park Maintenance Assessment District during its formation. DISTRICT FINANCIAL SUMMARY FY 2013 -14 Beginning Fund Balance (July 1, 2013) Estimated Resources Assessment District Revenue + Delinquencies FY 2013 -14 City Contribution - General Fund, FY 2013 -14 Total Estimated Funds Available, FY 2013 -14 Projected Liabilities Park Maintenance and Operation OH & Transfers In /Out Total Projected Liabilities, FY 2013 -14 Ending Fund Balance (June 30, 2014 $0 $674,000 $198,000 $872,000 $872,000 $0 $872,000 parkreport1314draft Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 2 FISCAL YEAR 2013 -14 CITY OF BALDWIN PARK ASSESSMENT ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE Whereas the Council of the City of Baldwin Park, California, did, pursuant to the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code of the State of California, adopt the Resolution of Initiation ordering the preparation and filing of the AGgPSG_ment Fr?gineer'S Report in accordance with Chanter 1 Article 4 commencing with Section 22565 Section 22567 directs that the report shall refer to the City of Baldwin Park Citywide Park Maintenance Assessment District (the "Assessment District ") by its distinctive designation, specify the fiscal year to which the report applies, and, with respect to that year, shall contain all of the following: Part A - Plans and specifications for the improvements. Part B - An estimate of the costs of the improvements. Part C - A diagram for the assessment district. Part D - An assessment of the estimated costs of the improvements. Part E - If bonds or notes will be issued pursuant to Section 22662.5, an estimate of their principal amount. (Not applicable). A preliminary report is then filed with the City Clerk in accordance with Section 22623 for submission to the legislative body. The legislative body may approve the report as filed, or it may modify the report and approve it as modified. Now, therefore, the following Assessment Engineer's Report is hereby submitted consisting of six (6) parts as follows: PART A: PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS This part contains the plans and specifications which are required to show and describe the existing and proposed improvements in accordance with Section 22568. The plans and specifications need not be detailed, but shall be sufficient if they show or describe the general nature, location, and extent of the improvements. If the assessment district is divided into zones, the plans and specifications shall indicate the class and type of improvements to be provided for each such zone. The Plans and specifications for the improvements listed in Part A are on file with the City Engineer. Such plans and specifications are incorporated herein by reference. PART B: AN ESTIMATE OF THE COSTS OF THE IMPROVEMENTS This part contains an estimate of the costs for maintenance of the improvements within the District for Fiscal Year 2013 -14 pursuant to section 22569, including incidental costs and expenses in connection therewith. This estimate is on file with the City Engineer. The estimate of the costs of the improvements for the fiscal year shall contain estimates for all of the following: (a) The total costs for improvements to be made that year, being the total costs of constructing or installing all proposed improvements and of maintaining and servicing all existing and proposed improvements, including all incidental expenses. (b) The amount of any surplus or deficit in the improvement fund to be carried over from a previous fiscal year. parkreport1314draft Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 3 (c) The amount of any contributions to be made from sources other than assessments levied pursuant to this part. (d) The amount, if any, of the annual installment for the fiscal year where the legislative body has ordered an assessment for the estimated cost of any improvements to be levied and collected in annual installments. (e) The net amount to be assessed upon assessable lands within the assessment district, being the total improvement costs, as referred to in subdivision (a), increased or decreased, as the case may be, by any of the amounts referred to in subdivision (b), (c), or (d). PART C: A DIAGRAM FOR THE ASSESSMENT DISTRICT This part incorporates, by reference, the "Assessment Diagram ", which is a diagram of the Assessment District showing the exterior boundaries of the Assessment District and the _lines _ and dimensions of each lot or parcel of land within the Assessment District in accordance with Sections 22570 and 22571. The diagram for an assessment district shall show (a) the exterior boundaries of the assessment district, (b) the boundaries of any zones within the district, and (c) the lines and dimensions of each lot or parcel of land within the district. Each lot or parcel shall be identified by a distinctive number or letter. The lines and dimensions of each lot or parcel of land shown on the diagram shall conform to those shown on the county assessor's maps for the fiscal year to which the report applies. The Diagram has been prepared and is on file with the City Engineer. The Assessor's maps and records are incorporated by reference herein and made part of this Report. PART D: ASSESSMENT OF THE ESTIMATED COSTS OF THE IMPROVEMENTS This part contains an assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District in accordance with Section 22572. The assessment shall refer to the fiscal year to which it applies and shall do all of the following: (a) State the net amount, determined in accordance with Section 22569, to be assessed upon assessable lands within the assessment district, which shall include an amount sufficient to pay the principal and interest due during the fiscal year from each parcel on any bonds or notes issued pursuant to Section 22662.5. (b) Describe each assessable lot or parcel of land within the district. (c) Assess the net amount upon all assessable lots or parcels of land within the district by apportioning that amount among the several lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements. According to Section 22573, the net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL This part contains a list of the County of Los Angeles Assessor's parcel numbers, and the net amount to be assessed upon benefited lands within the Assessment District. parkreport1314draft Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 4 PART A PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS The facilities, which have been constructed within the City of Baldwin Park, and those which may be subsequently constructed, will be operated, serviced and maintained as generally described as follows: DESCRIPTION OF IMPROVEMENTS FOR THE CITY OF BALDWIN PARK CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FISCAL YEAR 2013 -14 The items that may he #u.nded through the District_ are _defined _in the Landscaping and Lighting Act of 1972 (the Act) as Improvements. The Act defines Improvements to include the installation, maintenance and servicing of several types of landscaping and park and recreational improvements and facilities as shown below. However, the District can only assess for the special benefit that can be shown to be conferred from these improvements to the properties in the District. Installation • The installation or planting of landscaping. • The installation or construction of statuary, fountains and other ornamental structures and facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The installation of park or recreational improvements, including, but not limited to, land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks and drainage; lights, playground equipment, play courts and public restrooms. • The acquisition of land for park, recreational or open -space purposes. • The acquisition of any existing improvement otherwise authorized. Maintenance Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: • Repair, removal or replacement of all or any part of any improvement. • Providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury. • The removal of trimmings, rubbish, debris and other solid waste. • The cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Servicinq Servicing means the furnishing of electric current, or energy, or other illuminating agent and water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any improvements. Plans and specifications of the improvements within the District are on file in the office of the City Engineer and are incorporated herein by reference. Maps showing the location of parks within the District are on file in the office of the City Clerk and incorporated herein by reference. parkreport1314draft Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 5 PART B AN ESTIMATE OF THE COSTS OF THE IMPROVEMENTS The estimated cost of the construction, operation, servicing and maintenance of the improvements for Fiscal Year 2013 -14, as described in Part A, are summarized herein and described below. All costs include administration and utilities where applicable. ��'t•7�11_1R7�JIIki 1J_1N.1 CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FY 2013 -14 Budget FY 2013 -14 Beginning Fund Balance (July 1, 2013) $0 Estimated Revenues Assessment Revenue FY 2013 -14 $674,000 General Fund Contribution FY 2013 -14 $198,000 Total Revenue $872,000 Total Estimated Funds Available, FY 2013 -14 $872,000 FY 2013 -14 Projected Expenditures Park Maintenance and Operation $872,000 Total Projected Expenditures, FY 2013 -14 $872,000 FY 2013 -14 Operating Reserve / Deficit $0 Projected Fund Balance 6/30/2014 Beginning Fund Balance $0 FY 2013 -14 Revenues $872,000 FY 2013 -14 Expenditures $872,000 Projected Fund Balance 6/30/2014 $0 The 1972 Act requires that a special fund be set -up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year. parkreport1314draft Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 6 PART C A DIAGRAM FOR THE ASSESSMENT DISTRICT The diagram of the Assessment District showing the exterior boundaries of the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District is required in accordance with Sections 22570 and 22571. Each lot or parcel shall be identified by a distinctive number or letter. The lines and dimensions of each lot or parcel of land shown on the diagram shall conform to those shown on the county assessor's maps for the fiscal year to which the report applies. The City of Baldwin Citywide Park Maintenance Assessment District includes all parcels of land within the City's corporate boundaries. Reference is made to the Los Angeles County Assessor's maps for a detailed description of the lines and dimensions of all parcels within the District. A map showing the exterior boundaries of the District is on file in the City Clerk's Office and incorporated herein by reference. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles. The Assessor's maps and records are incorporated by reference herein and made part of this report. parkreport1314draft Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 7 PART D ASSESSMENT OF THE ESTIMATED COSTS OF THE IMPROVEMENTS GENERAL Section 22573 of the Landscaping and Lighting Act of 1972, being Part 2, of Division 15 the State California Streets and Highways Code, states that, "the net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." As the assessments are levied on the basis of benefit, they are not a tax, and therefore, are not governed by Article XIIIA of the California Constitution. As a result of the passage of Proposition 218 by voters on November 5, 1996, Articles XIIIC and XIIID have been added to the California Constitution. The new procedural and approval process outlined in these Articles applies to new assessment districts and increased assessments. In addition, properties owned by public agencies, such as a city, county, state or the federal government, must now be assessed by law unless it can be demonstrated that they receive no special benefit. Specifically, the assessment methodology for the Citywide Park Maintenance Assessment District will have to: ■ Demonstrate special benefit to assessed parcels over and above the benefits conferred on the public at large: "Special benefit" means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute "special benefit'." Separate the general benefits from the special benefits conferred to parcels: "Only special benefits are assessable, and an agency must separate the general benefits from the special benefits conferred on a parcel." ■ Determine the special benefit that should be attributed to public agency parcels within the new District boundary: "Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that such publicly owned parcels in fact receive no special benefit." ASSESSMENT METHODOLOGY The District assessment is based on land use such that property owners are assessed in proportion to the special benefits received. The land uses defined below are descriptive of all parcels expected to exist in the City of Baldwin Park in Fiscal Year 2013 -14. In the event there is a question regarding the land use designation of any parcel in the District, the City Engineer will be responsible for administratively assigning one of the land uses listed below. parkreport1314draft Corn urpity Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 8 TABLE 1— FY 2013 -14 LAND USE DEFINITIONS Land Use Code Land Use Description SFR Single family residential parcels CONDO Condominium or town home parcels MFR Multiple family residential parcels (2 dwellings or more) MH Mobile homes or Mobile Home Parks NONRES Commercial and industrial parcels INSTITUTION Institutional — Parcels owned by non - profit organizations VACANT Parcels without a building or similar structure - designated for each land use GOVT Parcels owned by a public agency EXE Parcels exempt from the assessment, because they do not benefit from park maintenance (sliver, open space, common area, railroad, or utility easement parcels) SPECIAL BENEFIT ANALYSIS Articles XIIIC and XIIID of the California Constitution require that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. The Articles provide that only special benefits are assessable. The general benefits must be separated from the special benefits conferred on a parcel, a special benefit being a particular and distinct benefit over and above general benefits conferred on the public at large, including real property within the district. The general enhancement of property value does not constitute a special benefit. The Open Space Element within the General Plan for the City of Baldwin Park notes that the City is almost completely built out, and open space is limited to existing parks, school grounds, utility rights -of -way, and water channel areas. Within the City, over 530 acres of these properties are designated as open space. Baldwin Park offers five City parks and seventeen school playgrounds for recreation. In 1996, Morgan Park underwent a 2.5 acre expansion, where a new Community Center and Senior Center were built. In 2005, Barnes Park, located in the southwest quadrant of the City, was completely renovated and a 3,300 square foot recreation center was constructed. In 2008, the 15,270 square foot Arts and Recreation facility adjacent to City Hall was completely renovated, and the Senior Center underwent a 3,500 square foot expansion to create additional meeting space, restrooms and reception area. In 2009, new playground equipment was installed in Morgan Park and in 2010 that same play area was upgraded with recreation water features and public art amenities. parkreport1314draft Community unity E onon is SolLitions City of Baldwin Park Citywide Park Maintenance Assessment District Page 9 Morgan Park offers the most activities of any recreation area in the City, including boxing, horseshoes, basketball and volleyball. Morgan Park is centrally located; with the other City parks located south and west near the City's periphery. The area north of Los Angeles Street contains six elementary school sites, but no parks. About 60 percent of Baldwin Park's City park area is located south of Ramona Boulevard. Baldwin Park's recreation facilities and parks are vital to the community, especially for the high - density residential developments, which do not provide adequate play areas for their residents. Upon full build -out, it is expected that the City will have a ratio of 3 acres of parks, including school areas, for each 1,000 residents. This ratio is well within the National Recreation and Parks Association recommended standard of 2.5 acres per 1,000 residents. The majority of the City's parkland is under the control of the Baldwin Park Unified School District, with the City controlling 10 percent of the total parkland. Parks and recreational activities are managed by the City of Baldwin Park through a division of the City organization. As such, all parks administration and planning are centralized while recreational activities are conducted on a community -wide basis to take advantage of existing park facilities. This approach promotes the parks as a system or network to be used on a Citywide basis, rather than on a service radius basis which may be more common in other jurisdictions. All of the parks and recreational facilities are equally accessible to all the properties in the District. The maintenance of parks and recreational improvements provide a particular and distinct special benefit to parcels within the District. The desirability of parcels within the District is specifically enhanced by the presence of well- maintained parks and recreational facilities which are available for the use and enjoyment of residents, customers, clients, employees and visitors of the assessed parcels. The presence of properly maintained parks readily accessible to properties within the District means that the owners and visitors of the assessed parcels may enjoy the benefits of such improvements while avoiding the expense of privately installing and maintaining similar improvements. Only the parks summarized in this Report are funded through the District. The other open space areas that contribute to the open space element of the City are funded separately. The location of all the parcels in the District was found to be within 1 3/4 miles of at least one park, and 3/4 mile of at least one recreational facility in the District. Although some properties in the District are within 3/4 mile of more than one park, it was determined that residents cannot use the facilities of more than one park at one time, so the assessment rates are established at a uniform level throughout the District. In addition to providing opportunities for recreational use, the proper maintenance of park and recreational facilities improves the aesthetics of parcels within the District. Proper maintenance of landscaping reduces pollution and noise, provides for open space and the planting of otherwise barren areas, and reduces property- related crimes within the District, especially vandalism, through the removal and abatement of graffiti. The U.S. Department of the Interior, National Parks Service, in a publication of June 1984, concluded that, "An investment in parks and recreation helps reduce pollution and noise, makes communities more livable, and increases property value." All of the above benefits contribute to a specific enhancement of the quality of life and property values related to each of the assessable parcels within the District. parkreport1314draft Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 10 In addition, the operation and maintenance of the City's parks confers a particular and distinct special benefit upon assessed parcels within the District, as follows: • The proper maintenance of parks and appurtenant facilities specially benefits parcels within the District by improving the physical and visual environment and making the District area more desirable. • Parcels within the District are specially benefited when public infrastructure including parks are in place, safe, clean and well maintained. • The proper maintenance of parks by the District provides increased District -wide attractiveness to prospective buyers. • The desirability of parcels within the District is specifically enhanced by the presence of well- maintained parks which are available for the use and enjoyment of the property owners and the visitors of the assessed parcels. • Having properly maintained parks readily accessible to properties within the District means that the owners and visitors of the assessed parcels may enjoy the benefits of such improvements available for use while avoiding the expense of privately installing and maintaining similar improvements. • The proper maintenance of landscaped parks provides increased attractiveness of the District as a place to live, work and do business. • Spraying and treating of landscaping for disease and weed control reduces the likelihood of insect or weed infestation spreading to the landscaping located on properties within the District. GENERAL BENEFIT ANALYSIS In addition to the special benefits received by the parcels in the District, there are general benefits conferred on the public at large by the maintenance, operation and servicing of park and recreational facilities. Census data and socio- economic characteristics for the City of Baldwin Park would generally indicate a higher than average park usage by local residents. The higher densities and a greater number of persons per household as documented by census data would indicate a higher than average special benefit from the funded park improvements. Additionally, in higher density areas such as the District, the value of the open spaces afforded by parks is at a particular premium. However, parks and recreational facilities are an important part of any thriving community. The general benefit arising from the park and recreational improvements can be measured by examining the usage of the facilities by the public at large. Each park has been examined to determine the average number of registrations received by the Recreation and Community Services Department for individuals or teams from outside of the District boundaries. The percentage of out -of- district registrations to total registrations is used to determine that portion of the park budget related to general versus special benefit. City staff has determined that out -of- District registrations equal approximately 15 percent of all registrations. Thus, 15 percent of the assessment budget will be assigned as general benefit. In addition, the City has elected to contribute an additional amount over and above the 15 percent level in order to maintain assessments at approximately the same amount as in prior years. parkreport1314draft Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 11 • it The formula recognizes that properties have different levels of benefit depending upon the typical population associated with the type of land use. The formula considers these differences and fairly distributes the special benefit among all residential parcels and lots within the District. Each of the special benefits identified above in "Special Benefit Analysis" are considered to benefit each parcel in proportion to the typical population associated with the parcel's land use as reported by the City of Baldwin Park Planning Division. In order to establish the proportionate share of benefit from any one parcel of land in relation to the total benefit to the District, it is necessary to establish a benchmark to relate that one parcel to all others. This benchmark is called the Equivalent Dwelling Unit. The District uses a single family residence as the benchmark Equivalent Dwelling Unit. All other land uses, as represented on the County Assessor's master property file, will be compared to the benchmark of the Single Family Residence to gain a comparative Equivalent Dwelling Unit ( "EDU ") based on population data as found in the 1990 Census Data for Baldwin Park, as provided by the City of Baldwin Park's Planning Division. Following is a discussion of EDU values for each type of land use within the Assessment District. The EDU values for condominiums, multi - family and mobile homes are based upon a comparison of the average population per household for single - family residences versus the average household population in condominiums, multi - family and mobile homes. The calculation of each EDU value is shown below: For Single Family Residential: Single family population per household 4.06 Single family population per household 4.06 For Condominium Residential: Condo population per household 3.75 Single family population per household 4.06 For Multi - Family Residential: Multi - family population per household 4.25 Single family population per household 4.06 For Mobile Home Residential: Mobile Home population per household 2.03 Single family population per household 4.06 = 1.00 EDU's /unit = 0.92 EDU's /unit = 1.04 EDU's /unit = 0.50 EDU's /unit The EDU values for commercial, office, business and industrial land uses ( "non- residential ") are based on a comparison of the typical single family lot acreage versus the actual size of the non- residential use. Special benefit to non - residential parcels results from the use of recreational facilities by employees and customers, which generally increases in number as the parcel size increases. Therefore, the assessment on non - residential property is based on acres, as opposed to residential parcels which are based on dwelling units. Within the District, the typical single - family parcel size is 8,500 square feet. Approximately 20 percent of each acre of residential land, on average, is dedicated for streets and other public uses resulting in a net acreage available for the subdivision of approximately 4.10 lots per acre, which is parkreport1314draft Community F-conomic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 12 rounded down to 4 lots per acre. Therefore, using the single family residence as a base, an acre of non - residential property receives the same number of EDU's as an acre of residential property, that is, 4 EDU per acre. Non - residential lots cc� 4 lots per acre Single family EDU @ 1.00 per lot = 4.00 EDU's /acre Furthermore, non - residential parcels more than half an acre and less than an acre is assigned a minimum of 4 EDU per parcel to reflect the minimum benefit these parcels receive. Non- residential parcels below one -half acre are assigned 50 percent of 4.0 EDU's, or 2.0 EDU's per parcel. The EDU value for the institutional, church, school, college and day care land uses ("Institutional") is calculated at one (1) EDU per parcel. This per parcel assessment rather than per acre assessment is in recognition of this land use category's traditionally lower demand for park facilities as indicated by the City's Recreation and Community Services staff. In addition, institutional parcels receive less benefit than other non - residential parcels in the District from the operation, maintenance and servicing of parks in the City for several reasons. Institutional parcels function differently than non - residential parcels in that they: 1) typically operate fewer days in the week, 2) generally have an inconsistent number of people using the facilities daily, and 3) have a less intensive use than the property size alone would indicate because in general, the institutional parcels in the District contain large green areas that function as open space. Therefore, the institutional parcels should be assessed at a lower level than the non - residential parcels, and are assigned 1 EDU per parcel. As a result of the passage of Proposition 218, the assessment methodology for the Park Maintenance Assessment District has to determine the special benefit attributable to public agency parcels within the District boundary. Section 4 of the Proposition states, "Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that such publicly owned parcels in fact receive no special benefit." In comparison to non - residential and institutional parcels, governmental properties also benefit from the proper maintenance of parks, since such parks attract potential customers and employees as shown below. Certain governmental parcels benefit from the District because the proper maintenance, operation and servicing of parks: • reduces property- related crimes against properties within the District, especially vandalism, through the abatement of graffiti; • improves the aesthetics of public parcels through the proper maintenance of landscaping and the planting of otherwise barren areas; • reduces pollution and noise in surrounding areas throughout the provision of open space; and • by improving the physical and visual environment and making the District area a more desirable and attractive place to work and do business. Additionally: ■ Having properly maintained parks readily accessible to the public properties means that the public agencies may enjoy the benefits of such improvements available for use while avoiding the expense of privately installing and maintaining similar improvements; and parkreport1314draft Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 13 Spraying and treating of landscaping for disease and weed control reduces the likelihood of insect or weed infestation spreading to the landscaping located on public properties within the District. However, governmental parcels receive less benefit than other non - residential parcels in the District from the operation, maintenance and servicing of parks in the City. For instance, a portion of most public properties are used as park and /or recreation areas. This portion of these properties does not benefit from the District improvements because it provides the same use and function that the funded improvements provide. Additionally, governmental properties generally do not benefit from the resale value of their properties. Consequently, the specific benefit of increased property value that is conferred to other properties in the District is not conferred to governmental properties. Therefore, the governmental parcels are assessed at one - quarter the rate of non- residential uses but as the size of the parcel increases, the benefit increases, and therefore, the assessment amount increases. The special benefit to undeveloped property in the residential, non - residential and institutional land use categories is based on the assumption that such undeveloped property benefits from the ongoing maintenance of recreational facilities because the facilities will be in good and ready condition in the future when the vacant property is developed. For the purposes of this Engineer's Report, the special benefit to undeveloped property is assigned a value corresponding to 40 percent of the developed property EDU values for the same land use designations. This discounted value recognizes the reduced current value due to the uninhabited nature of the property. Finally, parcels of raw land and homeowner's association common area are assigned an EDU value of zero (0), based on a projection that these parcels are likely never to develop and therefore will receive no benefit from the improvements. Similarly, railroad right -of -way parcels, public utility right -of -way and well site or reservoir site parcels, water rights parcels, and other similar land uses are also assigned an EDU value of 0, because of little or no possibility for residential or non- residential or institutional development and therefore no benefit. The following table sets forth the population per unit as shown in the 1990 City of Baldwin Park census data, the equivalent dwelling units as discussed above, and the resulting assessment amount per unit, parcel or acre. parkreport1314draft Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 14 TABLE 2 -- ASSESSMENT FACTORS Land Use Description Population per Unit Equivalent Dwelling Units Assessment per Unit, Parcel or Acre Single Family Residential 4.06 /unit 1.00 /unit $33.19 /unit Vacant Single Family Residential -- - - - - -- 0.40 /parcel $13.28 /parcel Condominium 3.75 /unit 0.92 /unit $30.53 /unit Multiple Family 4.25 /unit 1.04 /unit $34.52 /unit Home 2.03 /unit n Fnninit $16:60 /unit -Mobile Non - Residential > 1 acre 4.00 /acre 4.00 /acre $132.76/acre Non- Residential > .5 - < 1 acre 4.00/ parcel 4.00/ parcel 132.76/ parcel Non - Residential < .5 acre 4.00 /parcel 2.00/ parcel $66.38 /parcel Vacant Non - Residential > 1 acre - - - - -- 1.60 /acre $53.10 /acre Vacant Non - Residential >.5 - < 1 - - - - -- 1.60/pa cel $53.10 /parcel Vacant Non - Residential < .5 acre - - - - -- 0.80 /parcel $26.55/ parcel Institutional 1.00 /parcel 1.00/ parcel $33.19 /parcel VacantInstitutional - - - - -- 0.40/ parcel $13.28/ parcel Government > 1 acre 4.00 /arce 1.00 /acre $33.19 /acre Government > .5 acre - < 1 acre 4.00/ parcel 1.00/ parcel -$33.19/ parcel Government < .5 acre 4.00/ parcel 0.50/ arce) $16.60/ parcel Exemption - - - - -- 0.00 /parcel $0.00 /parcel ENGINEERING AND INCIDENTAL EXPENSES All parcels within the District benefit from the ongoing operation of the District. Therefore, all parcels assessed in the District receive a proportional share of the administrative costs for the District based on their assessment for park maintenance. THE MAXIMUM ASSESSMENT AND ANNUAL ADJUSTMENT The Maximum Assessment is the annual assessment shown in the Assessment Roll, on file in the Office of the City Clerk and by this reference incorporated herein. Commencing with Fiscal Year 2006 -2007 and for each year thereafter, the assessment for the District is subject to an Annual Adjustment limit. The Annual Adjustment shall not exceed the change in the Consumer Price Index ( "CPI "), All Urban Consumers, for the Los Angeles- Anaheim - Riverside Area from March through March of the previous calendar year. Future annual assessments within this limit may be approved by the City Council without additional property owner ratification. These limits may be exceeded only with a majority property owner approval of either: 1) a supplemental assessment; 2) a revision of or supplement to the maximum assessment and /or adjustment formula, or 3) any other methodology amenable to the property owners within the District boundary. The assessor's parcel number and the amount of assessment upon each lot or parcel are shown on the assessment roll. Upon confirmation by the Council this data will be submitted to the Los Angeles County Auditor - Controller for the inclusion on the 2013 -14 tax roll. parkreport1314draft Community Econorryic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 15 PART E PROPERTY OWNER LIST AND ASSESSMENT ROLL The assessment set forth for each parcel is shown on the Assessment Roll for the District, submitted separately, as "Assessment Roll for City of Baldwin Park, Citywide Park Maintenance Assessment District, Fiscal Year 2013 -14 ", which is incorporated by reference herein and is on file in the office of the City Clerk. The Assessment Roll lists all parcels within the boundaries of the District as shown on the Assessment Diagram, Part F herein, and on the last equalized roll of the Assessor of the County of Los Angeles, which is by reference made part of this report. A list of names and addresses of the owners of all parcels within this District is shown on the last equalized Property Tax Roll of the Assessor of the County of Los Angeles, which by reference is hereby made a part of this report. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll on file in the office of the City Clerk of the City of Baldwin Park. parkreport1314draft Community Economic Solutions U) 0 �c co 0 m 4) U- L- m M U-) 14, 0 — N M r— N m , c", M LO N m CO m 0) 0 r LO -o LO 'IT C") a CN N N M CO M r 0 LO 0 M CO M CO M 6 "T N M r r (0 'T O CD r 00 (0 0 0) m co 0 N 0 N 0 CD 0 CO M r r W M,;t N 0! (7! 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CITY OF BALDWIN PARK STAFF REPORT Honorable Mayor and Members of the City Cour Daniel Wall, Director of Public Works June 05, 2013 SUBJECT: RESOLUTION 2013 -012 APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2013 -2014, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING PURPOSE The purpose of this report is to request that the City Council adopt a resolution approving the Engineer's Report, declare the intention to levy and collect assessments, and set a date and time for a public hearing for the FY 2013 -2014 Citywide Landscaping and Lighting Maintenance Assessment District. The recommended hearing date is July 03, 2013. BACKGROUND The City has an annual program for the maintenance of landscaping and lighting improvements, as well as open space improvements, including the maintenance and operation of traffic signals, street lights, median landscaping, and street trees. It is recommended that we continue providing this program through special assessments. On March 20, 2013 the City Council approved a resolution which authorized initiating the FY 2013 -2014 Citywide Landscaping and Lighting Maintenance Assessment District (LLMD) and ordered the preparation of the Engineer's Report. The preparation of the Engineer's Report has been completed. The Engineer's Report details the legal mechanism to re- establish the district, summarizes the costs and expenditures of the District, and explains the methodology of distributing the assessments for obtaining the district revenues. Resolution 2013 -012 Approving the LLMD Engineer's Report Page 2 of 4 June 05, 2013 DISCUSSION Over the last 20 years, the Engineer's Report has been prepared adhering to the procedures established in the 1972 Landscaping and Lighting Act, and which the City proposes to be continued through Fiscal Year 2013 -2014. As in the previous years, the City must follow the same procedures such as preparation of an Engineer's Report and a public hearing in order to proceed with levying assessments. Submitted for Council's review and approval is the Engineer's Report in accordance with the requirements of Article 4, Part 2, Division 15 of the State of California Streets and Highways Code. The assessment rates for FY 2013 -2014 are proposed to remain unchanged. The average residential property (assuming a 60 -foot street frontage width) will have an overall landscaping and lighting assessment of $69.42. The following table shows the FY 2012 -2013 assessments for each zone. The same assessments are proposed for FY 2013 -2014. ASSESSMENT RATES ZONE LANDSCAPE LIGHTING TRAFFIC SIGNALS Residential $0.7513* $0.2809* $7.49 per lot Commercial $0.7513* $0.5547* $11.87 per lot Parcel Map #1164 (14 $25.72 per lot $25.72 per lot $11.87 per lot lots) Tract #: 39090, 39635, $18.00 per lot $18.01 per lot $7.49 per lot 40746, 42828, 41956 *Assessment per foot of adjusted frontage. Since 1997, the assessment rates of the Citywide Landscaping and Lighting Assessment District has remained the same. The public hearing is scheduled on Wednesday, July 03 at 7:00 pm, and it represents an opportunity for property owners to comment on the district and the related assessments. The Engineer's Report fully considers the legal requirements resulting from Proposition 218. The City Council has supported staff's recommendation to rely on an exemption of Prop 218 (passed in 1997), which allows the renewal of LLMD assessments so long as the rates are not changed. If the assessment rates are desired changed, then the balloting requirements under that proposition must be fulfilled. The Engineer's Report contains details which are ultimately required in order to submit the assessments to the Los Angeles County Assessor's Office, and which are thereafter incorporated into the property tax rolls. Resolution 2013 -012 Approving the LLMD Engineer's Report Page 3 of 4 June 05, 2013 For many years, the LLMD had adequate funds for its existing operations. In recent years, there has been a steady increase in maintenance costs due to the expansion of areas that are landscaped, the addition of new traffic signals and street lights, higher energy and water rates, and the increased cost of materials. In order to keep maintenance costs within district revenues, the City has continued to streamline maintenance operations without which would otherwise result in a significant deficit. The goal of the LLMD fund in the FY 2013 -2014 Budget is to achieve a balance between expenditures and revenues. Over the last several years the city has experienced some revenue increases from the Ad- Valorem component. of this fund. FISCAL IMPACT The following is a summary of revenues and expenditures anticipated for the Landscaping and Lighting Assessment District for FY 2013 -2014: FY 2013 -14 Projected Expenditures Street Lighting . . . . . . . . . . . . . . . . . . . . . . . . . $. . . . . . 5 . . . . . 9. . . . . . 0. . . . . . ,700 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Landscaping $840,000' .......... . . . ............................................................. . . . .......................... . .................................. . . ........................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................... . . . . . . . . . . . . . . . .......................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Traffic Signals $285,000 ........... . . . . . . . . . .............................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... . . . . . . . . . . . . . ... . . . . . . . . . . . . . .. . . ... . . .. . ... . . . . ... . . . . ... . . . . . . . . . . . . . Total Expenditures: FY 2013 -14 Operating Reserve / Deficit $62 ............................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............. . ....................................... . . . . . . ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................... . . ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Projected Balance 6130/2014 Beginning Fund Balance 07/01/2013 $354,021 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................ . . . . . . . ........... . . . . . . . . . . . . . .......... . .............................. . . . . . . . . . . . . . . . . . . . . . . . . . ........ . ... . . . . . . . . . ........................................ . . . . . . . . . ............................... . . . . . . . . ....................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FY 13 -14 Revenues $1,777,787. ............................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................................. . . . . . . . . . . . . . . . . . ........................................... .......................................................... . .... . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . ......... . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... FY 13 -14 Expenditures $1,715,7001 ............................................................................................................................................................................................................................................................................................................ ............................... ....... ............................... 3d Fund Balance 06/30/2014 $416.108 While the assessment rates have not been increased for over fourteen years, our operating costs have been increasing each year from utility rate increases and from continual expansion of our infrastructure which includes new traffic signals, streetlights, and landscape areas. While the upcoming budget will achieve a balance between district revenues and maintenance costs, staff will continue to look to improve service delivery and maximize cost efficiency. Resolution 2013 -012 Approving the LLMD Engineer's Report Page 4 of 4 June 05, 2013 RECOMMENDATION Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution 2013 -012 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2013 -2014, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING." ATTACHMENTS 1. Resolution No. 2013 -012 2. Engineer's Report WHEREAS, pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being known as the "Landscaping and A r1ineer's Report Lighting Act of 191-172" and Article XIIID of the State Constitution an En,-,,.. Report been prepared consisting of plans and specifications, an estimate of the cost, a diagram of the Maintenance District and an assessment relating to what is now designated as: CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT (Hereinafter referred to as "District"); and WHEREAS, this City Council has now carefully examined and reviewed the Report as presented and is satisfied with each and all of the items and documents as set forth therein and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the benefits received from the maintenance to be performed as set forth in said Report. Milk, SECTION 1. That the above recitals are all true and correct. SECTION 2. That the Report as presented, consisting of the following: a. Plans and Specifications b. Estimate of the Cost c. Diagram of the Maintenance District d. Assessment of the Estimated Cost is hereby approved and is ordered to be filed in the office of the City Engineer as a permanent record and to remain open for public inspection. SECTION 3. That it is the intention of the City Council, consistent with the public interest and convenience, to levy and collect annual assessments for FY 2013-2014 for the construction and continued maintenance of certain public facilities within the Resolution No. 2013-12 Page 2 of 3 Citywide Landscaping and Lighting Maintenance Assessment District, all to serve and benefit said District as said area is shown and delineated on a map shown in the Engineer's Report on file in the office of the City Engineer, open for public inspection, and herein so referenced and made a part hereof. SECTION 4. That a public hearing shall be held before this City Council, in the Council Chambers, 14403 E. Pacific Avenue, Baldwin Park, on Wednesday, July 03, 2013, at the hour of 7:00 p.m. pursuant to the "Landscaping and Lighting Act of 1972" and Article XIIID of the State Constitution, for the purposes of hearing protests, comments, or objections in reference to the annual levy of assessments and the extent of the works and maintenance of improvements, and this Council's determination whether the public interest, convenience, and necessity require the improvements. SECTION 5. That the City Clerk is hereby authorized and directed to publish summary of this Resolution in the San Gabriel Valley Tribune, a newspaper of general circulation; said publication shall not be less than ten (10) days before the date of said Public Hearing. SECTION 6. For any and all information relating to the procedures, protest procedure, documentation and/or information of a procedural or technical nature, the public's attention is directed to the office listed below as designated: Daniel Wall, Director of Public Works / City Engineer City of Baldwin Park (626) 813-5255 SECTION 7. That the City Clerk shall certify to the passage and adoption of the Resolution and the Minutes of the meeting shall so reflect the presentation of the Engineer's Report. Erili�* 01111111011111va � � � � � �Fem��� ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF B WIN PARK I Resolution No. 2013-12 Page 3 of 3 1, ALEJANDRA AVILA, Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2013-012 was duly adopted by the City Council of the City • Baldwin Park at a regular meeting thereof held • June 1 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBER NOES: COUNCIL MEMBER ABSENT: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER] ALEJANDRA AVILA CITY CLERK r � I ASSESSMENT ENGINEERYS REPORT PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972, PART 2 DIVISION 15 OF THE STREETS AND HIGHNAYS CODE, ARTICLE Xl /I. D. OF THE CALIFORNIA CONSTITUTION AND THE PROPOSITION 218 OMNIBUS IMPLEMENTATION ACT I GOVERNMENT CODE SECTION 53750 ET SECS) I b%M— FDAW Prepared by: &,Tolfgmo "I City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page i. CITY OF BALDWIN PARK ASSESSMENT ENGINEER'S REPORT CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FISCAL YEAR 2013-14 The Streets and Hiahways Code, Part 2, Division 15, Article 4, commencing with Section 22565, directs the preparation of the annual report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements described herein. SECTION DESCRIPTION PAGE Report..................................................................................... ........................... I Part A - Plans and Specifications for the Improvements ........... .................... 3 Part B - An Estimate of the Costs of the Improvements.. ..................................... 4 Part C - A Diagram for the Assessment District ............................. -- ................ 5 Part D - An Assessment of the Estimated Costs of the Improvements .................6 Part E - Assessment Roll and Assessment District Diagram .. ..............................8 engreport 1 314draft Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 1 FISCAL YEAR 2013 -14 CITY OF BALDWIN PARK ASSESSMENT ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE Whereas the Council of the City of Baldwin Park, California, did, pursuant to the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code of the State of California, adopt the Resolution of Initiation ordering the preparation and filing of the Assessment Engineer's Report in accordance with Chapter 1, Article 4 commencing with Section 22565. Section 22567 directs that the report shall refer to the City of Baldwin Park Citywide Landscaping and Lighting Maintenance District (the "Assessment District ") by its distinctive designation, specify the fiscal year to which the report applies, and, with respect to that year, shall contain all of the following: Part A - Plans and specifications for the improvements. Part B - An estimate of the costs of the improvements. Part C - A diagram for the assessment district. Part D - An assessment of the estimated costs of the improvements. Part E - If bonds or notes will be issued pursuant to Section 22662.5, an estimate of their principal amount. (Not applicable). A preliminary report is then filed with the City Clerk in accordance with Section 22623 for submission to the legislative body. The legislative body may approve the report as filed, or it may modify the report and approve it as modified. Now, therefore, the following Assessment Engineer's Report is hereby submitted consisting of six (6) parts as follows: PART A: PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS This part contains the plans and specifications which are required to show and describe the existing and proposed improvements in accordance with Section 22568. The plans and specifications need not be detailed, but shall be sufficient if they show or describe the general nature, location, and extent of the improvements. If the assessment district is divided into zones, the plans and specifications shall indicate the class and type of improvements to be provided for each such zone. The Plans and specifications for the improvements listed in Part A are on file with the City Engineer. Such plans and specifications are incorporated herein by reference. PART B: AN ESTIMATE OF THE COSTS OF THE IMPROVEMENTS This part contains an estimate of the costs for maintenance of the improvements within the District for Fiscal Year 2013 -14 pursuant to section 22569, including incidental costs and expenses in connection therewith. This estimate is on file with the City Engineer. The estimate of the costs of the improvements for the fiscal year shall contain estimates for all of the following: (a) The total costs for improvements to be made that year, being the total costs of constructing or installing all proposed improvements and of maintaining and servicing all existing and proposed improvements, including all incidental expenses. (b) The amount of any surplus or deficit in the improvement fund to be carried over from a previous fiscal year. (c) The amount of any contributions to be made from sources other than assessments levied pursuant to this part. eng report 1 314draft Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 2 (d) The amount, if any, of the annual installment for the fiscal year where the legislative body has ordered an assessment for the estimated cost of any improvements to be levied and collected in annual installments. (e) The net amount to be assessed upon assessable lands within the assessment district, being the total improvement costs, as referred to in subdivision (a), increased or decreased, as the case may be, by any of the amounts referred to in subdivision (b), (c), or (d). PART C: A DIAGRAM FOR THE ASSESSMENT DISTRICT This part incorporates, by reference, the "Assessment Diagram ", which is a diagram of the Assessment District showing the exterior boundaries of the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District in accordance with Sections 245, 0 and 22J7 1 The diagram l for an assessment lent district shall show (a) the exterior boundaries of the assessment district, (b) the boundaries of any zones within the district, and (c) the lines and dimensions of each lot or parcel of land within the district. Each lot or parcel shall be identified by a distinctive number or letter. The lines and dimensions of each lot or parcel of land shown on the diagram shall conform to those shown on the county assessor's maps for the fiscal year to which the report applies. The Diagram has been prepared and is on file with the City Engineer. The Assessor's maps and records are incorporated by reference herein and made part of this Report. PART D: ASSESSMENT OF THE ESTIMATED COSTS OF THE IMPROVEMENTS This part contains an assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District in accordance with Section 22572. The assessment shall refer to the fiscal year to which it applies and shall do all of the following: (a) State the net amount, determined in accordance with Section 22569, to be assessed upon assessable lands within the assessment district, which shall include an amount sufficient to pay the principal and interest due during the fiscal year from each parcel on any bonds or notes issued pursuant to Section 22662.5. (b) Describe each assessable lot or parcel of land within the district. (c) Assess the net amount upon all assessable lots or parcels of land within the district by apportioning that amount among the several lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements. According to Section 22573, the net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL This part contains a list of the County of Los Angeles Assessor's parcel numbers, and the net amount to be assessed upon benefited lands within the Assessment District. engreport 1 314draft Community ono is Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 3 PART A PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS The facilities, which have been constructed within the City of Baldwin Park, and those which may be subsequently constructed, will be operated, serviced and maintained as generally described as follows: DESCRIPTION OF IMPROVEMENTS FOR THE CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FISCAL YEAR 2013 -14 The proposed improvements include the construction, operation, servicing and maintenance of landscaping, traffic signals, street lighting and appurtenant facilities in public streets and public rights - of-way within the Assessment District; including but not limited to, personnel, electrical energy, utilities such as \Mater, materials, contracting services, and other items necessary for the satisfactory operation of these services described as follows: Landscaping and Appurtenant Facilities Landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk and curb and gutter maintenance adjacent to street trees, and appurtenant facilities, in public street and public rights -of -way, including parkways, medians and dedicated easements within the boundary of said Assessment District. Lighting and Appurtenant Facilities Poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide safety lighting and traffic signals in public streets and public rights -of -way and easements within the boundaries of said Assessment District. Power for the street lights and traffic signals shall be furnished by the Southern California Edison Company or its successors and shall be adequate for the intended purpose. Rates for power shall be those authorized by the Public Utilities Commission, State of California. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public lighting facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the public lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of landscaping or appurtenant facilities. The plans and specifications for the improvements, showing the general nature, location, and the extent of the improvements, are on file in the office of the City Engineer and are incorporated herein by reference. engreport 1 314draft Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 4 PART B AN ESTIMATE OF THE COSTS OF THE IMPROVEMENTS The estimated cost of the construction, operation, servicing and maintenance of the improvements for Fiscal Year 2013 -14, as described in Part A, are summarized herein and described below. All costs include administration and utilities where applicable. CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FY 2013 -14 Budget Estimated Beginning Fund Balance 7/1/2013 $354,021 FY 2013 -14 Estimated Revenue Assessment Revenue $910,287 County Ad Valorem Tax $774,000 Penalties, Late Taxes, Earnings $93,500 Total Revenue $1,777,787 FY 2013 -14 Projected Expenditures Street Lighting $590,700 Landscaping $840,000 Traffic Signals $285,000 Total Expenditures $1,715,700 FY 2013 -14 Operating Reserve / Deficit $62,087 Projected Fund Balance 6/30/2014 Beginning Fund Balance $354,021 FY 2013 -14 Revenues $1,777,787 FY 2013 -14 Expenditures $1,715,700 Projected Fund Balance 6/30/2014 $416,108 The 1972 Act requires that a special fund be set -up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year. engreport 1 314draft Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 5 PART C A DIAGRAM FOR THE ASSESSMENT DISTRICT The diagram of the Assessment District showing the exterior boundaries of the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District is required in accordance with Sections 22570 and 22571. Each lot or parcel shall be identified by a distinctive number or letter. The lines and dimensions of each lot or parcel of land shown on the diagram shall conform to those shown on the county assessor's maps for the fiscal year to which the report applies. The Diagram has been prepared and is on file with the City Engineer. The boundaries of the District are coterminous with the boundaries of the City of Baldwin Park. A diagram showing the exterior boundaries of the District and the lines and dimensions of each lot or parcel of land within the District has been submitted to the office of the City Clerk of the City of Baldwin Park, and is hereby made a part hereof by refs renne Nar�trcrwrNy rcci criac. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles. The Assessor's maps and records are incorporated by reference herein and made part of this report. eng report 1314draft Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 6 PART D METHOD OF APPORTIONMENT OF ASSESSMENT GENERAL Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include construction, operation, maintenance and servicing of street lights, traffic signals, parks and landscaping. The 1972 Act requires that maintenance assessments be levied according to benefit rather than according to assessed value. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." "The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the California Streets and Highways Code]." In addition, Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Because assessments are levied on the basis of benefit, they are not considered to be a tax governed by Article XIIIA of the California Constitution. The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 22547). Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax." ASSESSMENT METHODOLOGY The landscaping, lighting and traffic signals are for the benefit and enjoyment of all properties within the District and all parcels benefit from the maintenance of the improvements. The assessment of cost upon each parcel was apportioned in accordance with the estimated benefit received. Traffic signal maintenance costs are assessed throughout the district on a per parcel basis. The criteria for the assessment spread of lighting and landscaping is as follows: 1. Rectangular lots - street frontage 2. Irregular lots - width of lot at setback line - average of front and rear lot line lengths or - street frontage, whichever is most representative of benefit 3. Flag lots - one -half of total footage to each of the two lots 4. Corner lots - the narrowest frontage Excepted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial and institutional activities. engreport1314draft Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 7 BENEFIT ZONES The District is divided into four benefit zones. Zone 1 includes all residential parcels and Zone 2 includes all commercial and industrial parcels that are assessed for street lighting and traffic signal maintenance. Zone 3 includes all commercial, industrial and residential parcels that are assessed for landscaping maintenance. Zone 4 includes the West Ramona Residential Redevelopment Project (Tract Nos. 39090, 39635, 40746, 42828 and 41956) and is assessed for landscaping, lighting and traffic signal maintenance. The proposed assessment for Fiscal Year 2013 -14 is derived by apportioning a part of the total cost shown in Part B among the assessable parcels in proportion to the estimated benefits. A portion of the Assessment District Revenues is derived from Countywide Property Taxes or the Ad \ /�Inrom Tux. Tho t i+" r neivess this amount. as � + of . it tax o n nnrtinnrnen+. and has designated a v urvrc.n rrcvny rev..,v.,� u amount pGr i rco aun crNNvr[w �ivna unu � g percentage to be used for lighting and landscape purposes. I Description Frontage and Parcel Counts Proposed Assessment Assessment Revenues* Zone 1 & 2 (Street Lighting) 2. Commercial / Industrial 91,583 L.F. $0.5543 / L.F. $ 50,764 1. Residential 649,750 L.F. $0.2809 / L.F. $ 182,515 Zone 3 (Landscaping) All Parcels (excluding Zone 4) 741,333 L.F. $0.7513 / L.F. $ 556,964 Zone 4 (Lights /Landscaping) Tract # 39090, 39635, 40746, 42828, & 41956 160 Lots $36.01 /Lot $ 5,762 Parcel #1164 14 Lots $51.44 /Lot $ 720 Zone 2 (Traffic Signals) Commercial / Industrial (including Parcel #1164) 889 Lots $11.87 /Parcel $ 10,552 Zone 1 & 4 (Traffic Signals) All Parcels 13,753 Lots $7.49 / Lot $ 103,010 Grand Total 1 $ 910,287 The assessor's parcel number and the amount of assessment upon each lot or parcel are shown on the assessment roll. Upon confirmation by the City Council this data will be submitted to the Los Angeles County Auditor - Controller for the inclusion on the 2013 -14 tax roll. engreport 1 314draft Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 8 PART E PROPERTY OWNER LIST AND ASSESSMENT ROLL The assessment set forth for each parcel is shown on the Assessment Roll for the District, submitted separately, as "Part C - Assessment Roll for City of Baldwin Park, Landscaping and Lighting Maintenance District, Fiscal Year 2013 -14 ", which exhibit is incorporated by reference herein and is on file in the office of the City Clerk. The Assessment Roll lists all parcels within the boundaries of the District as shown on the Assessment Diagram, Part F herein, and on the last equalized roll of the Assessor of the County of Los Angeles, which is by reference made part of this report. Assessments are not levied upon public streets, utility easements, right -of -way, and common areas. A list of names and addresses of the owners of all parcels within this District is shown on the last equalized Property Tax Roll of the Assessor of the County of Los Angeles, which by reference is hereby made a part of this report. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll on file in the office of the City Clerk of the City of Bald�Mn Park. engreport1314draft Community Economic Soiutions TO: FROM: DATE: SUBJECT: Honorable Mayor and Members of t Mark Hsu, Information Technology June 5, 2013 AUTHORIZATION TO THREE YEARS CONTRACT FOR INTERNET SERVICE The purpose of this report is to request the City Council to authorize Chief Executive Officer to sign 3 years contract with Verizon Business to upgrade our current internet service from 2 T1 (3M) to 20M IDE. BACKGROUND AND DISCUSSION On September 15, 2009 we signed a three years contract with Verizon Business to upgrade our internet service from 1 T1 (1.5M) to 2 T1 (3M). The current contract expired at the end of last year. For the past couple months the IT division has received many inquires from users and departments to find out the possibility to increase our current internet service to a faster speed as more and more programs and applications are running through the cloud computing. Also per the Utilization Report screen shot below, the City is reaching maximum the availability of bandwidth on the 2 T1 circuit. We need to upgrade our internet bandwidth to provide a better service to our community. The surnmary contains I Site. The average Availability for these sites ts 100s 0% The average Utilization for these sites is ZM718% There is I Site that requires irrimediate attention, U278567, - BALPYVJP , PA K, CA Overall rilieai 1000% 298.718% FISCAL IMPACT The amount for our current 2 T1 service is $930.00 per month and the amount for this service upgrade to 20M IDE will be $1778.00 per month and will be included in 2013114 budget. Staff recommends Council to authorize Chief Executive Officer to sign a 3 year contract with Verizon business to upgrade our current internet service to 20M I DIE. Attachment: Contract from Verizon Business Contract ID: 686148 -02 Verizon BUS�neS$ Billing Code: 01102103105V Segment: Government & Education Service Agreement Account Manager: DEITRA HINES CITY OF BALDWIN PARK (hereinafter "Customer") 14403 E. PACIFIC AVE BALDWIN PARK,CA 99999 Pricing and /or promotional benefits in this Agreement may not be available if it is signed and delivered to Verizon after June 15, 2013. Vijay Singhal, Chlf Executive Officer Acceptance t3ate, , General Terms and Conditions This Verizon Business Service Agreement ( "Agreement ") is made by and between "Verizon," which refers to Verizon Business Network Services Inc., on behalf of MCI Communications Services, Inc. d /b /a Verizon Business Services and any other Verizon affiliates identified in applicable service attachments or the Guide (individually and collectively), and CITY OF BALDWIN PARK ( "Customer"). The pricing in this Agreement is effective either: a) when Service (defined below) is installed if Customer has no Verizon service at the time this Agreement is accepted by Verizon or b) otherwise, by the first day of the second full billing cycle following acceptance of the Agreement by Verizon, except where a Service Attachment indicates otherwise for a particular service ( "Effective Date "). Verizon acceptance occurs upon Verizon's verification that an unaltered Customer - signed document is received by a Verizon implementation center. Customer Consent to Use of Customer Proprietary Network Information ( "CPNI "). Verizon acknowledges that it has a duty, and Customer has a right, under federal and /or state law to protect the confidentiality of Customer's CPNI. CPNI includes information relating to the quantity, technical configuration, type, destination, location, and amount of use of the telecommunications and interconnected voice over Internet Protocol services Customer purchases from Verizon, as well as related local and toll billing information, made available to Verizon solely by virtue of Customer's relationship with Verizon. With Customer consent, Verizon may share Customer CPNI and other Confidential Information among its affiliates, including Verizon Wireless, and with agents and partners, so that all may use this information to offer Customer the full range of products and services offered by Verizon and its affiliates, including local, long distance, wireless, and Internet services (see www.verizon.com for a description of Verizon companies and services). By signing this Agreement, Customer consents to Verizon using and disclosing Customer CPNI as described above. Customer may refuse CPNI consent by signing this Agreement and by notifying Verizon in writing at cpni- notices @verizonwireless.com and cpni- notices @verizonbusiness.com of Customer's decision to withhold Customer's consent. Customer's consent or refusal to consent will remain valid until Customer otherwise advises Verizon, and in either case, will not affect Verizon's provision of service to Customer. ILECS and Verizon Wireless. The Terms and Conditions below do not apply to Services provided by Verizon incumbent local exchange carriers ( "ILECs ") or by Cellco Partnership and its affiliates d /b /a Verizon Wireless ( "Verizon Wireless "), which are governed solely by the Service Attachments for such Services and, in the case of ILEC Services, applicable Tariffs (defined below). A Verizon Wireless Service Attachment becomes a part of this Agreement only once it is executed by Verizon Wireless and the Customer. 1. Services. Verizon will provide the products and services ( "Services ") in the Services Attachments. • Network Access • Ethernet services • Internet Dedicated Services • Voice and Data Equipment and Related Services 2. Term and Survival. The "Initial Term" begins upon the Effective Date and ends upon completion of 36 months, at which time the Agreement is automatically extended ( "Extended Term ") on a month -to -month basis until either party terminates it upon 60 days' prior written notice. The terms of this Agreement will continue to apply during any service - specific commitments that extend beyond the Term. "Term" means the Initial Term and Extended Term, VERIZONCONFIDENTIAL Contract ID: 68614802 0 2003, 2006 Verizon. All Rights Reserved. Page 1 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon �• 3. Tariff and Guide. Verizon's provision of Services to Customer will be governed by Verizon's international, interstate and state tariffs ( "Tariff(s) "), its "Service Publication and Price Guide" ( "Guide ") at www.verizonbusiness.com /guide, and this Agreement. This Agreement incorporates by reference the terms of each Tariff and the Guide. Verizon may modify the Guide from time to time, and any modification will be binding upon Customer, as provided in the Guide. If a conflict arises, the order of precedence is: (i) Tariffs to the extent applicable (ii) this Agreement (excluding the Guide and Tariffs), and (iii) the Guide. Among the provisions of the Agreement, the order of precedence is: (i) Service Attachments, and (ii) these Terms and Conditions. If Verizon makes any changes to the Guide (other than to Governmental Charges) that affect Customer in a material and adverse manner, Customer may discontinue the affected Service without liability by providing Verizon with written notice of discontinuance within 60 days of the date the change is posted on the Website, unless within 60 days of receiving customer's discontinuance notice, Verizon agrees to remove the material adverse effect on Customer. If a Service is discontinued, Customer's AVC (defined below), will be reduced, as appropriate, to accommodate the discontinuance. 4. Rates and Charges Governmental Charges; Taxes. Customer agrees to pay the rates and charges specified in this Agreement. "Standard" rates and charges means the Verizon Business Services Ill pricing plan ( °VBS III "), where applicable. Except where expressly stated otherwise, all rates and charges are subject to change and `fixed' rates may be decreased at any time. Verizon may give Customer notice of pricing changes by posting them on the Guide, by invoice message, or by other reasonable means. All charges are exclusive of applicable Taxes, and Verizon may add or adjust rates and charges in order to recover amounts it is required or permitted by governmental or quasi - governmental authorities to collect from or pay to others in support of statutory or regulatory programs ( "Governmental Charges "). Customer will not be eligible to receive any other additional discounts, promotions and /or credits (Tariffed or otherwise). The rates and charges set forth in this Agreement do not include (without limitation) charges for all possible non - recurring charges, access service, local exchange service, charges imposed by a third party other than Verizon, on -site installation, Governmental Charges (defined above), network application fees, customer premises equipment or extended wiring to or at a Customer premises. 5. Minimum Annual Volume Commitment. Customer agrees to pay Verizon no less than $21,000.00 (the "AVC ") in Total Service Charges (defined below) in each twelve -month period during the Initial Term ( "Contract Year "). "Total Service Charges" means all charges, after application of all discounts and credits, for the Services, excluding Taxes, Governmental Charges, equipment, Verizon ILEC, Verizon Wireless, Document Delivery Fax, non - recurring charges, goods and services acquired by Verizon as Customer's agent, international pass- through access (Type 3 /PTT) and charges for international access provided by Verizon (Type 1), charges for security services provided by Cybertrust, Inc. or its affiliates set forth in the Guide as providers of Cybertrust security services, and other charges expressly excluded by this Agreement. 6. Underutilization and Early Termination Charges. If Customer's Total Service Charges do not reach the AVC in any Contract Year during the Initial Term, Customer shall pay an "Underutilization Charge" equal to 75% of the unmet AVC. If: (a) Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) Verizon terminates this Agreement for Cause pursuant to the Section entitled "Termination; Disconnection Notice," then Customer will pay, within thirty (30) days after such termination: (i) an amount equal to 75% of the unsatisfied AVC remaining during the year of termination, and for each subsequent Contract Year remaining in the Term, plus a pro rata portion of any and all credits received by Customer. 7. Payment. Customer will pay all Verizon charges (except Disputed amounts) within 30 days of invoice date. Customer will pay a late payment charge equal to the lesser of: (a) 1.5% per month, (b) the amount indicated in a Service Attachment, or (c) the maximum amount allowed by applicable law. If Customer's account(s) reflect a credit balance, Customer must designate, in writing, within such 30 days the account(s) and charges to which such credit balances are to be applied; Verizon may elect to apply any undesignated credit balance(s) to the account(s) with the oldest unpaid charges. For the avoidance of doubt, the foregoing credit balances will only be applied to accounts for the same Customer entity. A "Disputed" amount is one for which Customer has given Verizon written notice, adequately supported by bona fide explanation and documentation. Any invoiced amount not Disputed within 6 months of the invoice date is deemed correct and binding on Customer. Customer is liable for all fees and expenses, including attorney's fees, reasonably incurred by Verizon in attempting to collect any charges owed under this Agreement. VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 2 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon Business Service Agreement 8. Termination; Disconnection Notice. Either party may terminate this Agreement for Cause (excluding Verizon ILEC or Verizon Wireless Services, which are governed by the applicable Service Attachments). "Cause" means (a) Customer's failure to pay any invoice (excluding Disputed amounts) within 10 days of receiving notice that payment is overdue, or (b) for all other matters, breach by a party of a material provision of this Agreement that the breaching party has not cured within 30 days of receiving notice from the non - breaching party. Verizon may interrupt Service without notice if necessary to prevent or protect against fraud or otherwise protect Verizon's personnel, facilities or services. Customer must provide prior written notice for the disconnection of Service, as specified in the Guide. Notwithstanding such notice, Customer remains liable for any applicable early termination charges in this Agreement. 9. Protection of Customer CPNI and Provision of Customer CPNI to Authorized Customer Representatives. 9.1. Verizon will protect the confidentiality of Customer CPNI in accordance with applicable laws, rules and regulations. Verizon may access, use, and disclose Customer CPNI as permitted or required by applicable laws, rules, and regulations or this Agreement. 9.2. Provided that Customer is served by at least one dedicated Verizon representative under the Service Agreements (that can be reached by Customer by means other than calling through a call center) and as permitted or required by applicable law, Verizon may provide Customer CPNI (including, without restriction, call detail) to representatives authorized by Customer ( "Authorized Customer Representatives" as defined below) in accordance with the following. 9.3. Verizon may provide Customer CPNI to Authorized Customer Representatives via any means authorized by Verizon that is not prohibited by applicable laws, rules, or regulations, including, without restriction: to the Customer's email address(es) of record (if any) or other email addresses furnished by Authorized Customer Representatives, to the Customer's telephone number(s) of record or other telephone numbers provided by Authorized Customer Representatives, to the Customer's postal (US Mail) address(es) of record or to other postal addresses furnished by Authorized Customer Representatives, or via Verizon's on -line customer portal or other on -line communication mechanism. 9.4. Authorized Customer Representatives include Customer employees, Customer agents; or Customer contractors, other than Verizon, who have existing relationships on behalf of Customer with Verizon customer service, account, or other Verizon representatives and all other persons authorized in written notice(s) (including email) from Customer to Verizon. Authorized Customer Representatives shall remain such until Customer notifies Verizon in writing that they are no longer Authorized Customer Representatives as described below. Customer agrees, and will cause Authorized Customer Representatives, to abide by reasonable authentication and password procedures developed by Verizon in connection with disclosure of Customer CPNI to Authorized Customer Representatives, 9.5. Customer's notices of authorization or deauthorization must be sent to your service or account manager, and must contain the following information: -- the name, title, postal address, email address, and telephone number of the person authorized or deauthorized -- that the person is being authorized, or is no longer authorized, (as applicable) to access CPNI -- the full corporate name of the Customer whose CPNI (and whose affiliates' CPNI) the person can access (or can no longer access, if applicable) 9.6. During the Service Agreements, Customer will at all times have designated, below, in an attachment containing the same data elements listed below, or in a separate writing sent to the service manager or account manager, up to three representatives ( "CPNI Authorizers ") with the power to authorize Customer representatives to access CPNI under this Agreement. Additions or removals of CPNI Authorizers will be effective within a reasonable period after Verizon has received a signed writing of the change, including the affected person(s)' name, title, postal address, email address and telephone number. Name Title Tel. No. Postal Address Email Address VERIZON CONFIDENTIAL Contract ID: 686148 -02 © 2003, 2006 Verizon. All Rights Reserved. Page 3 of 33 Printed 5/1612013 at 04:04:02 PM Verizon Business Name Title Tel No. Postal Address Email Address 1l QIIIG T itle Tel. No. Postal Address Email Address Contract ID: 686148 -02 10. DISCLAIMER OF WARRANTIES. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, VERIZON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY VERIZON SERVICES, SOFTWARE OR DOCUMENTATION. VERIZON SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. 11. Disclaimer of Certain Damages /Limitation of Liability. 11.1. Disclaimer of Certain Damages. No party to this Agreement is liable to any other for any indirect, consequential, exemplary, special, incidental or punitive damages, or for loss of use or lost business, revenue, profits, savings, or goodwill, arising in connection with this Agreement, the Services, related products, or documentation, even if the party has been advised, knew or should have known of the possibility of such damages. Nonetheless, each party is liable to the other for consequential damages resulting from its breach of confidentiality obligations under this Agreement. 11.2. Limitation of Liability. Without limiting the provisions of the Disclaimer of Certain Damages sub - section above, the total liability of either Customer or Verizon in connection with this Agreement and the Services is limited to the lesser of (i) direct damages proven by the claiming parties) or (ii) the aggregate amounts paid by Customer to Verizon under this Agreement for the six months prior to accrual of the latest cause of action for which the limitation of liability under this sub - section is being calculated (excluding amounts for equipment and the Services of Verizon ILECs, Cybertrust, and Verizon Wireless). Verizon's liability with respect to individual Services may also be limited pursuant to other terms and conditions of this Agreement. 11.3. Exclusions. The Limitation of Liability sub - section above does not limit (A) any parry's liability: (i) in tort for damages proximately caused by its willful or intentional misconduct, or by its gross negligence, or (ii) where mandatory local law does not allow the limitation, (B) Customer payment obligations under this Agreement, (C) Verizon obligations to provide credits and waivers under this Agreement or (D) any party's indemnification obligations under this Agreement. The liability restrictions in this section apply whether liability is asserted in contract, warranty, tort or otherwise (including negligence, strict liability, misrepresentation, and breach of statutory duty). The liability restrictions in this section, and the disclaimer of warranties in the preceding section, apply equally to Verizon's suppliers and contractors as they do to Verizon. VERIZON CONFIDENTIAL Contract ID: 686148-02 © 2003, 2006 Verizon. All Rights Reserved. Page 4 of 33 Printed 511 612 01 3 at 04:04:02 PM Contract ID: 686148 -02 Verizon Business Service Agreement 12. Confidential Information. Except as required by law or regulation, each party promises that during the Term and for three years after, it will use the other party's Confidential Information only for purposes of this Agreement, not disclose it to third parties except as provided below, and protect it from disclosure using the same degree of care it uses for its own Confidential Information (but no less than a reasonable degree of care). Such a party may disclose the other party's Confidential Information only to its employees, agents and subcontractors (including professional advisors and auditors), and to those of its Affiliates, who have a need to know for purposes of this Agreement, and who are bound to protect it from unauthorized use and disclosure under the terms of a written agreement at least as protective of Verizon as the related terms of this Agreement. In any case, a party is responsible for the treatment of Confidential Information by any third party to whom it discloses it under the preceding sentence. "Confidential Information" means information (in whatever form) (i) designated as confidential; (ii) relating to this Agreement or potential changes to it; (iii) relating to the party's business affairs, customers, products, developments, trade secrets, know -how or personnel; or (iv) received or discovered at any time that this Agreement is in effect, or otherwise in connection with this Agreement, by a party (including through an affiliate or other agent), which information should reasonably nave been understood as Confiaential information of the Party (or one of its affiliates or subcontractors), either because of legends or other markings, the circumstances of disclosure or the nature of the information itself. Confidential Information does not include information that: (a) is in the possession of the receiving party free of any obligation of confidentiality at the time of its disclosure; (b) is or becomes publicly known other than by a breach of this provision; (c) is received without restriction from a non-party free to disclose it; or (d) is developed independently by the receiving party without reference to the Confidential Information. In addition, information, whether or not Confidential Information, may be disclosed by a receiving party as may be required or authorized by applicable law, rule, regulation, or lawful process provided that the receiving party, to the extent practicable and permitted by applicable law, rule, regulation, or lawful process, first notifies the disclosing party in order to permit the disclosing party to seek reasonable protective arrangements. Confidential Information (excluding CPNI that is also Confidential Information) remains the property of the disclosing Party and, upon request of the disclosing Party, must be returned or destroyed at the end of this Agreement or the applicable Contract. If there is a breach or threatened breach of this confidentiality provision, the disclosing Party will be entitled to specific performance and injunctive or other equitable relief as a non - exclusive remedy. This clause does not prevent a Party from announcing the existence of the terms of this Agreement or the applicable Contract internally (e.g., to its employees and Affiliates). Verizon shall not be deemed to have received, obtained, discovered, processed, stored, maintained, or been given access to Customer Confidential Information solely by virtue of the fact that (i) Customer receives, transmits, obtains or otherwise exchanges such information through its use of the Services (including without limitation any of Verizon's voice, data, and /or Internet services included in the Services) or (ii) Verizon's Services to Customer may involve the hosting, collocation, transport or other similar handling of such information. Customer is responsible for taking steps to protect the confidentiality and integrity of information, including without limitation Customer Confidential Information, that it receives, transmits, obtains or otherwise exchanges with third parties through its use of the Services; by using, for example, encryption or other security measures for its network transmissions. 13. Assignment. Either party may assign this Agreement or any of its rights hereunder to an affiliate or successor upon notice to the other party. A Customer affiliate or successor must meet Verizon's creditworthiness standards for the assignment to become effective. All other assignments are void. 14. Service Marks, Trademarks and Name. Neither Verizon nor Customer may: (a) use any service mark or trademark of the other party; or (b) refer to the other party in connection with any advertising, promotion, press release or publication unless it obtains the other party's prior written approval. 15. Compliance with Law; Governing Law; Dispute Resolution. Each party represents and warrants that it will comply with all federal, state, and local laws applicable to the provision or performance of the Services under this Agreement. This Agreement is governed by the laws of the State of New York without regard to its choice of law principles. Non -U.S. Services are subject to applicable local laws and regulations in any countries where those Services originate or terminate, including applicable locally filed Tariffs. Any claim or dispute ( "Dispute ") arising out of or relating to this Agreement (other than claims relating to indemnification and equitable relief) must be resolved by binding arbitration of a single arbitrator under the rules of the American Arbitration Association at a mutually agreed upon location. The arbitrator must base his or her decision upon this Agreement and applicable law, and has no authority to order consolidation or class arbitration, or award punitive damages or any other relief beyond what the Agreement provides. The arbitrator must apply applicable statutes of limitation, subject to limitation of actions terms set forth in this Agreement. The parties agree that all Disputes must be pursued on an individual basis in accordance with the procedure noted above, and waive any rights to pursue any Dispute on a class basis, even if applicable law permits class actions or class arbitrations. VERIZON CONFIDENTIAL Contract ID: 686148 -02 © 2003, 2006 Verizon. All Rights Reserved. Page 5 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon 16. Notices. All communications hereunder, including disconnection notices, must be made to Customer at the address below and to Verizon at notice @verizon.com, following the procedures in the Guide. 17. Acceptable Use. Use of Verizon's Internet Services and related equipment and facilities must comply with the then - current version of the Verizon Acceptable Use Policy ( "Policy ") (see www.verizonbusiness.com /terms). Verizon reserves the right to suspend or terminate Internet Services effective upon notice for a violation of the Policy. Customer will indemnifv and hold_ harmless Verizon from_anv losses, damages, costs or expenses resulting from any third -party claim or allegation that if true, would constitute a violation of the Policy. Each party will promptly notify the other of any such claim. 18. Service Migration. Verizon is in the process of decommissioning certain services that Customer may be purchasing from Verizon, including, without limitation, one or more of the following services (the "Affected Services "): • Frame Relay • ATM • Flexible T1 • VoIP IP Flexible T1 • IP VPN Verizon will discontinue the commercial availability of the Affected Services at future dates, subject to applicable law. Verizon will provide Customer with written notice of such date for each Affected Service that is being purchased by Customer. In recognition of this pending service decommissioning, Customer agrees that, within six (6) months of the date that this Agreement is fully executed, it will: (i) place orders to fully and completely migrate from the Affected Services to replacement Verizon services; or (ii) discontinue use of the Affected Services. If Customer chooses option (i) above, then Verizon will continue to provide Customer with the Affected Services until the date that Customer's migration is complete. If Customer does not choose either option (i) or option (ii) above within such six (6) month period, then Verizon reserves the right to discontinue the Affected Services as set forth above. 19. Entire Agreement. This Agreement (including Service Attachments and Exhibits referenced herein, and other documents incorporated by reference) constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all other prior or contemporaneous representations, understandings or agreements. Except as otherwise expressly stated herein, no amendment to this Agreement is valid until signed by Customer and accepted by Verizon. 20. Additional Attachments: This Agreement incorporates the following Attachment(s): Services Attachment Promotions Attachment VERIZON CONFIDENTIAL Contract ID: 686148-02 0 2003, 2006 Verizon. All Rights Reserved. Page 6 of 33 Printed 5/16/2013 at 04:04:02 PM To Customer With a co to: CITY OF BALDWIN PARK 14403 E. PACIFIC AVE BALDWIN PARK, CA 99999 17. Acceptable Use. Use of Verizon's Internet Services and related equipment and facilities must comply with the then - current version of the Verizon Acceptable Use Policy ( "Policy ") (see www.verizonbusiness.com /terms). Verizon reserves the right to suspend or terminate Internet Services effective upon notice for a violation of the Policy. Customer will indemnifv and hold_ harmless Verizon from_anv losses, damages, costs or expenses resulting from any third -party claim or allegation that if true, would constitute a violation of the Policy. Each party will promptly notify the other of any such claim. 18. Service Migration. Verizon is in the process of decommissioning certain services that Customer may be purchasing from Verizon, including, without limitation, one or more of the following services (the "Affected Services "): • Frame Relay • ATM • Flexible T1 • VoIP IP Flexible T1 • IP VPN Verizon will discontinue the commercial availability of the Affected Services at future dates, subject to applicable law. Verizon will provide Customer with written notice of such date for each Affected Service that is being purchased by Customer. In recognition of this pending service decommissioning, Customer agrees that, within six (6) months of the date that this Agreement is fully executed, it will: (i) place orders to fully and completely migrate from the Affected Services to replacement Verizon services; or (ii) discontinue use of the Affected Services. If Customer chooses option (i) above, then Verizon will continue to provide Customer with the Affected Services until the date that Customer's migration is complete. If Customer does not choose either option (i) or option (ii) above within such six (6) month period, then Verizon reserves the right to discontinue the Affected Services as set forth above. 19. Entire Agreement. This Agreement (including Service Attachments and Exhibits referenced herein, and other documents incorporated by reference) constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all other prior or contemporaneous representations, understandings or agreements. Except as otherwise expressly stated herein, no amendment to this Agreement is valid until signed by Customer and accepted by Verizon. 20. Additional Attachments: This Agreement incorporates the following Attachment(s): Services Attachment Promotions Attachment VERIZON CONFIDENTIAL Contract ID: 686148-02 0 2003, 2006 Verizon. All Rights Reserved. Page 6 of 33 Printed 5/16/2013 at 04:04:02 PM S-1:11 IVA Ill- A� Services Attachment Network Access Services Contract ID: 686148 -02 1. Rates and Charges. Customer will pay the monthly recurring charges ( "MRC ") and one -time charges related to Verizon Business Services III ( "VBS III ") network access services as follows: 1.1. Network Services Local Access Services. Analog Local Access, DSO (Hubless) Access, T -1 (DS1) Digital Access, DS3 Local Access and SONET Access (collectively known as "Time Division Multiplexor ( "TDM ") - based access_ services') are provided pursuant to the Guide provisions relating to Network Services Local Access Services, VBS 111. SONET Access is provided on a private carriage basis. 1.2. Ethernet Services. Converged Ethernet Access and Ethernet Private Line National ( "EPL ") Access (collectively known as "Ethernet Access services ") are provided pursuant to the Guide provisions relating to Ethernet Services, VBS III. Ethernet Access Services are provided on a private carriage basis. 2. Discounts. 2.1. Customer will receive the following discount percentage off the MRC listed in the Guide for the following types of VBS NI TDM -based Network Services Local Access Services. Service`T ` e Discount off MRC Access DSO 20.00% Access DS1 20.00% Access DS3 20.00% Terms and Conditions. Customer commits to pay the applicable circuit MRC for any Network Services Local Access Service circuit of DS3 or larger for a minimum of 12 months from the circuit's original activation date (except if a longer commitment applies), which Customer must pay even if the circuit is terminated sooner (unless terminated by Customer for Cause). Data Networking Services ETHERNET SERVICES Rates and Charges. Customer will pay the monthly recurring charges ( "MRC'), which are fixed for the Term of the Agreement and non - recurring charges ( "NRC ") for Ethernet Virtual Private Line —CPA Based and Ethernet Private Line (collectively "Ethernet Services ") indicated below or in the Guide for Verizon Business Services 111 ( "VBS III'). 1.1. Ethernet Virtual Private Line ( "EVPL ") Converged Packet Architecture ( "CPA ") Based. For the three types of EVPL CPA Based services identified below, MRCs will begin accruing on the applicable EVPL CPA Based Service Activation Date, except that if Customer has not provided Verizon with all information reasonably requested by Verizon for the provisioning of the applicable EVPL CPA Based service, MRCs may begin accruing on the 30th day following the date that Customer places an order. 1.1.1. EVPL - Metro. 1.1.1.1. For each EVPL -Metro Ethernet Virtual Circuit ( "EVC "), Customer will pay the MRC and NRC in effect on the date the quote was provided to Customer by Verizon ( "Quote Date') (provided that Customer places the order within 45 days after the Quote Date), as set forth in the Guide. If there is a discrepancy between a quoted rate and the rate published in the Guide for the same time period, the published Guide rate will prevail. If no quote is provided, or if Customer places its order more than 45 days after the Quote Date, the order will be priced at the rate in effect at the time of the order. 1.1.2. EVPL- National VERIZON CONFIDENTIAL Contract ID: 686148 -02 © 2003, 2006 Verizon. All Rights Reserved. Page 7 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148'02 ��� ~ Business .=ness ��^��^�w� �&«�����00��U�� Service Agreement _ 1121. K8RCa. For EVPL-Netions8EVCe Customer will pay per EVCand per mile K8RCa.which are based on EVC speed (also known as "Bandwidth") as indicated in the Guide foxVB8 Ui 1�122. NRCa. Customer also will pay NRCs indicated in the Guide. 1.1.3. EVPL-International. 1.1.3.1. 8OFkCs. For each EVPL-intarnationa| EVC. Customer will pay Verizon'sstandard rates and charges in effect on the date the EVC is installed }eoa any applicable discount. Standard rates are available in the Guide. The MRC for each EVC varies according to its speed and route, and is fixed for the Term. 1,1.32 NRCs. Customer also will pay NRCs indicated in the Guide. 1.2. Ethernet Private Line ("EPL") Services. For EPL services as individually identified be|mw. IVIRCawi|| begin accruing on the applicable EPL Service Activation Date, except that if Customer has not provided Veriznnvvith all information reasonably requested by Verizon for � i �n\ f' the _appUcab\e service, K8RCa may d� begin accruing on the 3Oth day �wingthe date th-� Cuatomecplaces anorder. 1.2.1. EPL-Metro. Customer will pay the per circuit K8RCe and NRCo in effect on the date the quote was provided to Customer byVer/zon ("Quote Date"), (provided that Customer p|ooeo the order within 45 days after the Quote Duba), as set forth in the Guide. If there is a discrepancy between o quoted rate and the rate published in the Guide for the same time period, the published Guide rate will prevail. If no quote is pnuvided, or if Customer p\uoan its order more than 45 days after the Quote Date, the order will be priced at the rate in effect et the time of the order. 1.22. EPL-National. 1.2.2.1. K0RCo. For EPL-National circuits Customer will pay the per o)rouh and per mile yWRCo. which are based on circuit speed and mileage as indicated in the Guide for VBS 111. 1.2.22 NRCs. Customer also will pay NRCa indicated in the Guide. 12.3. EPL-International. 1.2.3.1. K8RCm. For each EPL- International circuit, Customer will payVerizon'e standard charges in effect on the date the EPL-International circuit is installed less any applicable discount. Standard charges are available and have been provided to Customer. The K8RCe for each EPL-International circuit varies according to its npeed, route and location, Rates are fixed for the Term. 1.2.32 NRCs. For each EPL- International circuit, Customer will pay Verizon'o standard installation charges in effect on the date the EPL- International circuit is installed less any applicable discount. Standard installation charges are available and have been provided to Customer by yourVericon account team. The NRCo for each EPL- International circuit will vary according to its speed, route and location. Other NRCs may apply as set forth in the Guide. 1.3. Media Aooams Control ('^K84C") Address Block K8RCo. Customer will pay an W1RC of $1,000 for each optional block of MAC addresses per Customer Domain that is in addition to the block(s) provided byVerizon' based on the number of customer sites in e given Customer Domain. An NRC for installation, set forth below, also applies. 1.4. U.S. Domestic and International Access Required. Ethernet Access Services is required for EVPI- service and is subject to the bamna and conditions of the Network Services Local Anneoa Service Attachment and the Guide terms for Ethernet Son/icea. 2. Discounts. Customer will receive the following discount percentage off the MRCs for Ethernet Services. 1 MAC Block Address (1) Installation $50 1.4. U.S. Domestic and International Access Required. Ethernet Access Services is required for EVPI- service and is subject to the bamna and conditions of the Network Services Local Anneoa Service Attachment and the Guide terms for Ethernet Son/icea. 2. Discounts. Customer will receive the following discount percentage off the MRCs for Ethernet Services. Terms and Conditions. vsnIZomoowFIoswnAL Contract ID: 686148-02 0 2003, 2006 Verizon. All Rights Reserved. Page 8 of 33 Printed 5/16/2013 at 04:04:02 PM EVPL - National 15.00% EVPL - International 17.00% Terms and Conditions. vsnIZomoowFIoswnAL Contract ID: 686148-02 0 2003, 2006 Verizon. All Rights Reserved. Page 8 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon r � 3.1. Service Activation Date. The Service Activation Date for any Ethernet Services ordered hereunder will be the date it is available for Customer's use. 3.2. Minimum Term Commitment for EVPL and EPL. Customer commits to keep each EVPL EVC and EPL circuit in service for at least one year. 3.3. Early Termination Charge for EVPL and EPL. If Customer terminates any EVPL EVC or EPL circuit ordered under this service attachment before its 12 -month commitment has expired, except for termination for Cause, such termination shall not be effective until 30 days (or 60 days in the case of EVPL- International) after Verizon receives written notice of termination ( "Termination Date "). In addition to paying all accrued but unpaid charges for the service incurred through the Termination Date, for each terminated EVPL EVC or EPL circuit Customer may be required to pay, within 30 days (or 60 days in the case of EVPL- International) after such Termination Date: (a) an amount equal 75 percent of the MRCs for the EVPL EVC or EPL circuit remaining in the 12 -month commitment, if any; plus (b) all fees or early termination fees imposed by the access line provider, if any; plus (c) a pro rata portion of any and all credits received by Customer. However, in no event will Customer's total termination liability exceed the full contract value of the terminated EVPL EVC or EPL circuit. 3.4. End Users. Customer is solely responsible for interacting with end users regarding any administration, processes, and /or issues arising from any use of Ethernet Services by end users. 3.5. Customer Responsibilities. Customer is responsible for any and all damage to (i) Customer Terminating Equipment (CTE) not directly caused by Verizon's negligence or willful misconduct and (ii) the malfunction or failure of any equipment, facilities or systems provided by Customer. 3.6. Interstate Service for EVPL- National and EPL - National. EVPL - National and EPL- National are offered only on a jurisdictionaliy interstate basis. With respect to its use of EVPL- National or EPL- National service Customer agrees that more than 10% of Customer's per EVC traffic crosses state line boundaries. 3.7. Service Level Agreements. The Service Level Agreements applicable to EPL and EVPL are located in the Guide and set forth Customer's sole remedies for any claim relating to EPL and EVPL, including any failure to meet the conditions set forth in the Service Level Agreements. Internet Services R III 1111:4ZHIM s N 1. Rates and Charges. 1.1. Monthly Recurring Charges and Non - Recurring Charges. 1.1.1. Customer will pay the monthly recurring charges ( "MRC "), which are fixed for the Term of this Agreement, and the non - recurring charges ( "NRC "), for Internet Dedicated Services in the contiguous U.S. (includes Internet Dedicated NxT1 Service, Internet Dedicated T1 Service, Internet Dedicated T3 Service, Internet Dedicated OC3 Service, Internet Dedicated OC12 Service, Internet Dedicated OC48 Service, Internet Dedicated OC192 Service, Internet Dedicated GigE Port Only Service, Internet Dedicated Ethernet Service and Internet Dedicated Fast Ethernet Port Only Service), in Alaska (includes Internet Dedicated NxT1 Service, Internet Dedicated T1 Service, Internet Dedicated T3 Service, Internet Dedicated OC3 Service, Internet Dedicated OC12 Service and Internet Dedicated OC48 Service) ( "Internet Dedicated Service ") and attendant options listed, as applicable, in the Guide for Verizon Business Services III. Additional charges are also set forth in the Guide for Verizon Business Services III. 1.1.2. Installation may be scheduled between the hours of 8AM and 7PM ET Monday through Friday (excluding holidays). If Customer requires installation outside of these hours, Verizon will charge an additional $500 fee. 2. Discounts. Customer will receive the following discounts off the MRC set forth in the Guide for VBS III, except as otherwise specified: Service Type Discount off MRC Internet Dedicated T1 42.00% Internet Dedicated NxT1 MLFR 42.00% VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 9 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 A� Internet Dedicated T3 42.00% Internet Dedicated OC3 42.00% Internet Dedicated OC12 42.00% Internet Dedicated OC48 42.00% Internet Dedicated GigE Port Only 42.00% Internet Dedicated Ethernet 42.00% Internet Dedicated Fast Ethernet 42.00% 3. Terms and Conditions. 3.1. Access. Access to a router at a Verizon Network hub near Customer's site may be interrupted for (i) scheduled maintenance (usually scheduled ualrrry off-hours at a vGllcvrr hub, auin as Tuesdays ° and Thursdays between 3:00 AM and 6:00 AM local time), (ii) emergency maintenance, or (iii) as otherwise set forth in the Agreement. 3.2. Verizon Internet Dedicated GigE Port Only Services. Verizon's Internet Dedicated GigE Port Only Service, and 10G;-1E Port Only Service are intra - building connectivity products, and thus the Customer's demarcation point must reside within the same building as a GigE - qualified Verizon -owned network hub. To ensure proper installation, Verizon will order all telco lines within the telco facility where the Verizon hub is located. 3.3. Customer Obligations — Service Not To Be Resold. While Customer can resell Internet connectivity, Customer cannot resell the Internet Dedicated Service in its entirety to another person or entity without the express prior written consent of Verizon. If Customer resells Internet connectivity to end users, Customer is responsible for: (i) providing the first point of contact for end user support inquiries; (ii) providing software fulfillment to end users; (iii) running its own primary and secondary domain name service DNS for end users; (iv) registering end users' domain names; (v) using BGP routing to the Verizon Network, if requested by Verizon; (vi) collecting route additions and changes, and providing them to Verizon; and (vii) registering with the appropriate agency all IP addresses provided by Verizon to Customer that are allocated to end users. 3.4. Burstable Downgrade. Customer may downgrade to a lower Burstable Service level if Customer's Measured Use Level is at or below such Burstable Service level for at least two consecutive months and Customer thereafter requests the downgrade in writing. 3.5. Burstable Select Upgrades /Downgrades. Customer may change (upgrade or downgrade) its Burstable Select Service Level once within a given calendar month, by requesting the same in writing. The new Service Level and applicable charges will take effect on the first day after the end of the billing cycle during which the written request is received. 3.6. Term. The "Service Activation Date" for an Internet Dedicated Service ordered hereunder will be the date the Internet Dedicated Service is available to route IP packets at Customer's site. The term of any Internet Dedicated Service ordered hereunder shall commence upon the Service Activation Date and will automatically renew, expire and terminate according to the terms of the Agreement. Customer Premises Equipment Rates and Charges. Customer will pay all charges for the System and CPE Services as set forth on the applicable quote or SOW, subject to additions and deductions made by written Change Order(s). System and CPE Services rates and charges do not contribute to the annual volume commitment ( "AVC ") of the Agreement or any other minimum purchase requirement. Terms not defined herein are defined pursuant to the Agreement. 1.1. Service Provider. The products and services under this Voice and Data Equipment and Related Services Attachment (the "CPE Service and System Terms ") and any related Statements of Work ( "SOW') are provided by the entities indicated in the applicable quote (referred to herein, individually and collectively, as "Verizon ") except as otherwise explicitly noted. VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 10 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon Business an 1.2. Quoted Charges. Customer will pay the charges stated on Verizon's documentation of an order for a System or CPE Services provided that the charges are current. Unless otherwise specified in a schedule to these CPE Services and System Terms, "current" means the charges were first quoted within 45 days of the order's submission. 1.3. Customers ordering Maintenance Service for Systems not currently under Maintenance Service may be subject to re- initiation fees. 2. Service Description and Requirements. 2.1. CPE and CPE Services. Customer may place an order for the purchase of customer premises equipment, including without limitation, cables, handsets and other related materials ( "CPE ") and software (individually and collectively the "System ") pursuant to the terms hereof. Where available, Customer may also order CPE Deployment Services, maintenance, CPE Related Assessment Services, rental of a System from Verizon, or lease or finance of a System or CPE Services, each as further defined below, and other services pursuant to a Schedule (individually and collectively, "CPE Services "). CPE Services may be detailed in a SOW or a specific CPE schedule ("Schedule"). Terms for System components or CPE Services are further supplemented by service descriptions, end user license agreements and terms set forth by the respective equipment manufacturer or third party supplier, as applicable (collectively and individually referred to as "Third Party Terms ") generally available on its respective websites or set forth herein. Any such SOW, Schedule and applicable Third Party Terms shall become incorporated as part of the Agreement. These CPE Services and System Terms supersede and replace any previous terms and conditions for CPE Services covered by a service attachment and such CPE Services will continue under the terms and conditions provided for CPE Services contained herein. 2.2. Customer Responsibilities. As applicable for System or CPE Services orders Customer will: 2.2.1. Notify Verizon of any site - specific requirements that might impact Verizon's ability to access such site, e.g. safety or security training ( "Training "). Verizon will comply with such Training requirements however Verizon reserves the right to bill Customer for the time required for Training at Verizon's then current labor rate. Customer will provide necessary badges, escorts, etc. required for site access per Customer's security and safety policies. 2.2.2. Provide suitable building facilities for the System including but not limited to ducting, conduit, structural borings, etc. for cable and conductors in floors, ceilings and walls; electrical service with suitable terminals and power surge protection devices; and metallic grounds with sufficient slack in the equipment room, installed in conformity with applicable electrical codes. 2.2.3. Provide a suitable environment in which the System can operate including but not limited to necessary power conditioning, heating, cooling, humidity and dust control, and accessibility for the System as required by manufacturer specifications. 2.2.4. Remove existing equipment or cables that interfere with the provision of CPE Services. 2.2.5. Identify and disclose to Verizon concealed equipment, wiring or conditions that might be affected by or might affect the CPE Services. If during the provision of CPE Services, Verizon encounters any concealed or unknown condition not expressly set forth in an SOW, and such condition affects the charges or schedule for performance of CPE Services, the charges and /or the schedule will be equitably adjusted using the Change Order procedure. 2.2.6. Customer will provide System interconnection requirements, including obtaining telephone service for testing where necessary or authorize Verizon, at Customer's expense, to make service requests upon third parties for such System interconnection requirements, pursuant to a letter of authorization or similar document. 2.2.7. Designate waste deposit points on each floor on which the System is to be installed where Verizon will place waste for removal by Customer. 2.2.8. Cooperate with Verizon's requests for assistance. 2.2.9. Be responsible for providing adequate back -up of data and software and for restoring data and software to a System that is or may be impacted by a CPE Service, including but not limited to drivers, applications, and operating systems as required prior to Verizon provision of the CPE Service. 2.2.10. Be solely responsible for selection, implementation and maintenance of security features for defense against unauthorized long distance calling, and for payment of long distance, toll and other telecommunications charges incurred through use of the System. VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 11 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 YJ 1q. A 2.2.11. Be responsible for the accuracy and completeness of all information it provides. If information is incomplete or incorrect, or if information is discovered during the course of the performance of CPE Services that could not be reasonably anticipated by Verizon, any additional work required will be treated as a change to the scope of the System or CPE Services and will require a Change Order. 2.2.12. Designate a single point of contact ( "SPOC ") who will be responsible and authorized to (i) make all decisions and give all approvals which Verizon may need from Customer, and (ii) provide Verizon's personnel on a timely basis with all information, data, access and support reasonably required for its performance under these CPE Services and System Terms or the applicable SOW, including but not limited to making available appropriate personnel to work with Verizon as Verizon may reasonably request. 2.2.13. Provide, at no charge to Verizon, office space and equipment, including but not limited to copy machines, fax machines and modems, high speed Internet access and adequate secure area for storage of related equipment. 2.2.14. Comply with all obligations set forth in any applicable Third Party Terms. 2.2.15. Not decompile, disassemble or reverse engineer any software obtained pursuant to this attachment. 2.2.16. Immediately notify Verizon of any anticipated delay in building availability or inability to meet any of the above listed requirements. Verizon shall be entitled to invoice additional charges at its then current time and material rates (available on request) for any time where it is unable to provide a CPE Service due to any Customer related delay. 2.3. CPE Deployment Services. Where available, Verizon can provide up to five levels of CPE Deployment Services; "Basic Staging ", "Enhanced Staging ", "Installation ", "Integration ", and "Custom" each as further described in this section (collectively, "CPE Deployment Services "). Verizon will provide CPE Deployment Services in accordance with any applicable quote, these CPE Services and System Terms, the Guide, and any applicable, SOWs. Verizon will furnish all supervision, labor, equipment, materials and supplies required to complete CPE Deployment Services. 2.3.1. Basic Staging. Verizon will stage and then ship a System to Customer designated locations as shown in the applicable quote. Verizon will work remotely with the SPOC to coordinate Staging and delivery of the System and activation of Verizon maintenance, if applicable. Staging occurs within a Verizon- designated facility in cooperation with Customer. Verizon will, as applicable, unpack and verify CPE with package documentation, record serial numbers, load operating system and incremental operating system changes, apply Customer - provided asset tags, power -up test, repackage, and ship. 2.3.2. Enhanced Staging. In addition to Basic Staging services, Verizon will configure the System with Customer provided configurations. 2.3.3. Installation. In addition to Enhanced Staging services, Verizon will deliver the System to the Customer designated locations as shown in the applicable quote and install the System on Customer- provided racks or other facilities. Verizon will verify System power -up and operation of network interfaces. No demarc extension is provided with Installation. Remote activation of the System and transport connectivity will be provided with Verizon transport services only or in certain locations where Verizon has specifically pre- approved remote activation. Local area network configuration or activation is not included with Installation. 2.3.4. Integration. In addition to Installation services, Integration provides the services defined herein and detailed in the project description within the applicable quote. All System configurations are engineered by Verizon and may include configurations provided by the Customer. Verizon defines a full network configuration for each device. After installation is complete, Verizon validates access connectivity (if applicable), wide area network link connectivity (if applicable) and local area network connectivity (if applicable). 2.3.5. Custom. Custom Services are provided pursuant to an SOW for System implementations beyond or different than provided by Staging, Installation, or Integration. 2.3.6. CPE Deployment Service Provisions. 2.3.6.1. CPE Deployment Services are generally available within the 48 contiguous United States. Orders for CPE Deployment Services in Alaska and Hawaii must be specifically pre - approved by Verizon. VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 12 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 2.3.6.2. CPE Deployment Services are performed between the hours of 8:00 a.m. and 5:00 p.m. local time, during a business day, excluding Verizon observed and local holidays ( "Office Hours "). Work extending beyond Office Hours and work on the first day of a weekend (according to local custom) is considered "Overtime" work. All other periods of work is "Weekend and Holiday Hours" work. If Customer requests that CPE Deployment Services be performed during Overtime or Weekend and Holiday Hours, Customer will pay Verizon its then current time and material labor rate. Unless Customer otherwise requests in writing Verizon will, at Customer's expense, apply for permits necessary for CPE Deployment Services. Verizon will provide Customer written notice indicating the date CPE Deployment Services are complete (the "In- Service Date "). Should Customer request delay of CPE Deployment Services, or should CPE Deployment Services be delayed as a result of Customer's action or inaction, Verizon may store the System, or any portion thereof, at Customer's risk and expense. Wait time in excess of 30 minutes at Customer's site may result in an additional charge at Verizon's current time and material rate. 2.3.6.3. Verizon will attempt to meet Customer's requested In- Service Dates, however Verizon can not guarantee any In- Service Date. In- Service Dates are subject to the availability of materials and resources. 2.3.6.4. Verizon will use reasonable efforts to avoid interruption of Cus'tomer's network service during Office Hours. If it is necessary to interrupt network service during Office Hours, Verizon will notify the SPOC at least 48 hours in advance. 2.3.6.5. Customer will have five business days after the In- Service Date to test the System (the "Test Period "). Customer may indicate its approval of the System by its signature on the Verizon- provided acceptance document or other mutually agreed upon means. Customer will document any issues with the System in writing to Verizon and provide those issues to Verizon within the Test Period. Upon receipt of the issues list, Verizon will have ten business days to respond and remediate any issues, as required. Customer's use of the System for any other purpose than testing will be deemed to constitute acceptance by Customer. The System will be deemed accepted if the Test Period passes with out notification of issue or acceptance by Customer. 2.3.7. Customer Responsibilities. As applicable, Customer is responsible to: 2.3.7.1. Provide configuration(s), and asset tags as required; 2.3.7.2. Provide at least one analog (voice) telephone line no more than 15 feet (five meters) from the System; 2.3.7.3. Provide licensed copies of operating system and applications software, as applicable; 2.3.7.4. Install or re- install software not provided by Verizon; 2.3.7.5. Control all activities associated with the existing customer equipment, including without limitation changes, additions or deletions of devices made by any non - Verizon provided technicians. 2.3.7.6. Ensure equipment room meets the environmental recommendations, power and ground requirements of the equipment manufacturer(s) as provided by Verizon from time to time; 2.3.7.7. Ensure appropriate electrical power service is installed and accessible no more than three feet (one meter) from the devices or six feet (two meters) for racks to be installed; 2.3.7.8. Ensure a minimum of one receptacle with appropriate power ratings per device to be installed; (note: dual power supplies will require two such receptacles, separately fused). Additional specialized electrical circuits may be required based on manufacturer(s) equipment specifications. Installation of these circuits may require a licensed electrician to be engaged and paid for by the Customer; 2.3.7.9. Ensure that any and all carrier circuit facilities (demares) have been extended so that its termination is within six feet (two meters) of the designated equipment installation area; 2.3.7.10. Provide sufficient rack space or other appropriate installation location for the System; 2.3.7.11. Ensure that any and all main or intermediate distribution frames ( "MDF /IDF") are of sufficient size to accommodate System being installed; 2.3.7.12. Ensure conformance with any applicable codes, regulations, and laws, including but not limited to electrical, building, safety, and health; 2.3.7.13. Verify that non - Verizon transport is installed and available; and 2.3.7.14. Dispose of all decommissioned equipment. VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 13 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon Business Service Agreement 2.4. CPE Solutions Financing Program Options. Customer may obtain, including by lease or finance, a System or CPE Service from Verizon or from a third party approved by Verizon, pursuant to a Schedule or other relevant terms provided by such third party. Additionally, Customer may rent a System from Verizon pursuant to the terms below. Verizon may assign its rights and obligations, including with respect to payment, under these CPE Services and System Terms and related Schedule to a third party, and /or cause such third party to issue a purchase order in a form acceptable to Verizon. Notwithstanding such transaction and /or assignment, Customer will remain responsible for performance of all of its obligations under these CPE Services and System Terms, including payment in full. 2.5. Rental Service. Rental service under these CPE Service and System Terms is available only in the contiguous United States and District of Columbia ( "U.S. Mainland ") for certain specified Systems as defined by Verizon from time to time and will have month to month terms "Rental Service (Monthly)" or longer terms "Rental Service (Term)" (collectively, "Rental Service "). Rental Service includes Verizon Data Maintenance — Network. Customers ordering Rental Service also must order a CPE Deployment Service for the initial deployment of the System to be rented. 2.5.1. Rental Service (Monthly). "Rental Service (Monthly)" means Customer will rent and Verizon will provide Customer with the use of a System in the U.S. Mainland for the Service Term (Rental Service Monthly). 2.5.1.1. Service Term (Rental Service Monthly). Either party may terminate the Service Term (Rental Service Monthly) for a System, with or without cause, effective 30 days after written notice of termination is given to the other party. Customer and Verizon may agree to terminate the provision of Rental Service (Monthly) sooner but Customer is responsible for all Rental Service (Monthly) charges until the 30 -day notice period has expired. 2.5.2. Rental Service (Term). "Rental Service (Term)" means Customer will rent and Verizon will provide Customer with the use of a System in the U.S. Mainland for the Service Term (Rental Service Term). 2.5.2.1. Service Term (Rental Service Term). The Service Term (Rental Service Term) for any System begins on the date that Verizon starts billing for it and continues for the duration of the Service Term commitment selected by the Customer for that System, and thereafter automatically renews each month, until terminated by either party as provided below, or until the end of the Term of the Agreement, whichever occurs first. After the expiration of the Service Term commitment selected by the Customer for a System, either party may terminate the Service Term (Rental Service Term) for that System, with or without cause, effective 30 days after written notice of termination is given to the other party. Customer and Verizon may agree to terminate the provision of Rental Term (Rental Service Term) sooner but Customer is responsible for all Rental Term (Rental Service Term) charges until the 30 -day notice period has expired. 2.5.3. Equipment. Except where explicitly stated otherwise, equipment may not be new but will be in good working order and will meet the specifications in the Order. Verizon may suspend normal operations of the System to inspect, test and /or repair it. Verizon will use reasonable efforts to perform such inspection, testing and repair without undue delay or undue impact to Customer's business. 2.6. Maintenance Service. Verizon will provide voice maintenance ( "VM Service "), data maintenance ( "DM Service "), or software maintenance ( "Software Service ", collectively, "Maintenance Service ") in accordance with these CPE Services and System Terms and the service descriptions found on the Guide. 2.6.1. Maintenance Service Provisions. VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 14 of 33 - Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon .� 2.6.1.1. If, i) Verizon did not install the equipment or software intended to be covered by Maintenance Service, ii) the equipment or software is out of warranty or out of third party maintenance coverage, or iii) Verizon has not provided Maintenance Service on the equipment or software for more than 60 days, then the equipment or software must be accepted by Verizon prior to being eligible for Maintenance Service. Customer warrants that such equipment or software is in good working order and meets all applicable manufacturer specifications. Verizon may recommend corrections or improvements to operating environments or configuration to be performed at Customer's cost and expense. Failure to comply with Verizon's recommended corrections or improvements may cause Verizon to reject the specific part or equipment or software and remove it from the Maintenance Service. If the equipment or software is found not to be in good working order and /or not in compliance with all applicable manufacturer specifications, Verizon will be under no obligation to provide Maintenance Service; provided however, Customer may, upon written notice, request Verizon to upgrade and /or repair such equipment or software at Verizon's then current time and material rate. 2.6.12 In the event the manufacturer of the System covered by Maintenance Service, discontinues the System, a component of the System, and /or the associated support of such System, Verizon will only be obligated to provide the Maintenance Services on the affected System for the period of time that the manufacturer continues to support such System. At the end of such period Verizon will cease to support such System in accordance with the service description, but will use commercially reasonable efforts to provide Maintenance Service on the affected System until Customer upgrades or replaces such System. In such case, Verizon reserves the right to impose additional charges Customer for Maintenance Service (e.g. for manufacturer imposed charges or additional level of effort). 2.6.1.3. Maintenance Services that include repair or replacement of System components will be provided with new or like new parts, as applicable, to restore the System to the level of working condition existing prior to the fault or problem provided, however that, unless the Customer provides the most current configuration, the software will be configured to the level that was last implemented by Verizon. 2.6.1.4. If Verizon determines that the trouble identified is a Customer network condition instead of the System covered under Maintenance Service, Verizon will charge its then prevailing labor rate to coordinate the resolution of the trouble. 2.6.1.5. Maintenance Service is available for Systems located within a specified service area related to a Verizon facility or an authorized Verizon- service provider's facility. Verizon reserves the right to charge Customer its then prevailing labor rate for travel to Customer locations that outside of the specified service area. 2.6.2. Customer Responsibilities. 2.6.2.1. Remote connectivity for diagnostic purposes is a prerequisite for all applicable Systems covered by a Maintenance Service. Customer must provide connectivity, as specified and approved by Verizon, to the maintained System or Maintenance Service response times will be void. Customer further agrees that if Customer does not provide remote connectivity into the applicable System the following applies: 2.6.2.1.1.lf Verizon is required to dispatch an engineer to Customer's site to troubleshoot an outage, Customer may incur a time and material charge at Verizon's then current rate. 2.6.2.1.2.Any remote diagnosis service level will be void. 2.6.2.2. Customer will notify Verizon in writing in the event that any substantial or material modifications are made to Customer's network, and shall provide Verizon with such information as it may reasonably request, in order for Verizon to perform the Maintenance Service. In the event such modifications to Customer's network or any of its component parts, causes Verizon to incur any increased burden in its performance of the Maintenance Service, Customer acknowledges and agrees that Verizon may increase the fees, at any time during the term, upon prior written notice to Customer. VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 15 of 33 Printed 5/16/2013 at 04:04:02 PM ID: 686148 -02 'Terizon Business 2.6.2.3. In the event Verizon or the manufacturer ships a replacement part to Customer, Customer is responsible for returning the defective part, in accordance with the instructions contained in the replacement part packaging, to Verizon within 15 business days of receipt of the replacement part. If Verizon does not receive the defective part within 15 business days, Customer may be billed for the list price of the replacement part. 2.6.2.4. Customer must maintain back -up copies of the original software, current platform configurations, and operating system. Such back -up copies must be available to Verizon when requested to aid in troubleshooting and /or problem resolution. 2.6.2.5. Customer must not move, modify, relocate or in any way interfere with the System (or any words or labels on the System) and not cause the System to be repaired or serviced except by an authorized representative of Verizon or its subcontractors. 2.6.3. Exclusions. Maintenance Service does not include: 2.6.3.1. Additions, changes, relocations, removals, operating supplies or accessories. 2.6.3.2. Services necessitated by accident, casualty, neglect, misuse, intentional acts or any cause other than normal use of the System. 2.6.3.3. Repairs or replacements necessitated by lightning, radio frequency interference, power disturbances, fire, flood, earthquake, excessive moisture, Harmful Code or any event occurring external to the System that directly or indirectly causes a malfunction in the System, a private network to which the System is connected, or in telephone lines, cable or other equipment connecting the System to the public telephone network or to other Customer equipment. Harmful Code means any virus or machine - readable instructions and data designed to intentionally disrupt the operation of the System or intentionally destroy or damage System or data contained therein. 2.6.3.4. Services necessitated by use of the System with any other device or system not supplied or approved as to such combined use by Verizon, or use of any part of the System in a manner not specified by Verizon. 16.3.5. Repair or maintenance or increase in normal service time resulting from Customer's failure to provide a suitable environment for the System or any other failure of Customer to perform its responsibilities. 2.6.3.6. Loss or recovery of Customer data. 2.6.3.7. upgrades, enhancements or new releases of software or firmware, and configurations, except as specifically indicated in the Agreement, these CPE Services and System Terms and any service description. 2.6.3.8. Operator, system administrator and end user training except as specifically identified. 2.6.3.9. Repair or replacement of Customer -owned outside plant cable unless specifically set forth in the Agreement or the applicable SOW. 2.6.3.10. Services resulting from Customer installation, configuration or other Customer changes to software. 2.6.3.11. Application development, scripting, software backups, software customization, application evaluation or troubleshooting, and engineering services. 2.6.4. Voice Maintenance Service Provisions. VM Service is provided pursuant to the service descriptions found on the Guide for the various VM Service offerings. 2.6.4.1. VM Service, for Systems sold and installed by Verizon with a warranty, begins at the end of the warranty period. VM Service, for Systems sold and installed by Verizon without a warranty, begins on the date the System becomes operational. VM Service for equipment or software not sold or installed by Verizon begins upon activation of the VM Service. VM Service shall remain in effect for the period set forth in the quote ( "VM Service Period "). 2.6.4.2. VM Service includes maintenance for additions to the System, which are purchased from and installed by Verizon during the term of the agreement. The warranty, if any, for such addition(s) shall run until the first VM Service renewal date, so that the warranty period for the addition(s) will be coterminous with the VM Service. 2.6.5. Data Maintenance Service Provisions. DM Service is provided pursuant to the service descriptions found on the Guide for the various DM Service offerings. 2.6.5.1. Term and Termination. VERIZON CONFIDENTIAL Contract ID: 686148-02 0 2003, 2006 Verizon. All Rights Reserved. Page 16 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon Business Service Agreement 2.6.5.1.1.DM Services will become effective 30 days after Verizon accepts Customer's Order and shall remain in effect for the period set forth in the quote ( "DM Service Period "). After the DM Service Period, Verizon or Customer may terminate the DM Service upon not less than 60 days prior written notice and the DM Service will be provided at Verizon's then current undiscounted rate, unless terminated in accordance with this Attachment. 2.6.5.1.2. During the first 12 months of the DM Services, Customer may terminate the DM Service (in whole or in part) only for default as defined in this Attachment. After the initial 12 months, Customer may terminate the DM Service (in whole or in part) upon not less than 60 days prior written notice to Verizon. If Customer has pre -paid the DM Service and terminates the DM Service (in whole or in part) prior to the end of the applicable term, Customer will be reimbursed for the unused portion of the terminated DM Service, less any discount received unless a relevant Third Party Terms do not allow for such reimbursement. 2.6.5.2. General DM Service Terms. 2.6.5.2.1.For 4 -hour delivery of replacement parts, the determination to order these parts must be made by Verizon. For next day parts delivery, the determination to order parts must be made by 4:00 PM Eastern Time. 2.6.5.3. Maintenance Takeover Service. "Maintenance Takeover Service" means Verizon will provide Verizon Data Maintenance - Network for CPE supplied by Customer (rather than ordered from Verizon) and identified in an Order accepted by Verizon ( "Customer- supplied CPE "). Verizon approval of Customer - supplied CPE is required before ordering. For purposes of Maintenance Takeover Service, Customer- supplied CPE will be treated as a System. 2.6.6. Software Service. Software Service is provided pursuant to the service description found on the Guide. 2.6.6.1. Exclusions. Software Service does not cover the following: 2.6.6.1.1. Hardware upgrades required to support new application and /or operational software is excluded from the Software Service. 2.6.6.1.2. Remote or on -site installation of major and minor releases is excluded from the Software Service. 2.6.6.1.3. Optional features within a major or minor release that were not previously licensed to Customer are excluded from Software Service. 2.6.6.1.4. Migrating the software to a new or different hardware platform is excluded from Software Service. 2.6.6.2. Conditions. Software Service does not apply unless all of the following conditions are met: 2.6.6.2.1. Customer's System must be at release level as identified and supported by the manufacturer to be eligible for Software Service. If the System is not at the appropriate release level, Verizon will charge it's then current time and material labor rate, as well as the cost for any software and /or hardware that may be required to bring the System to a release level eligible for Software Service. All licenses for a single application on a single device within a System must have the same level of coverage. 2.6.6.2.2. Customer must have a current Verizon maintenance plan on all hardware associated with the manufacturer's operational and /or application software products covered under a Software Service plan, and the hardware platform must be an approved manufacturer product. 2.6.6.3. Software Service will not apply if either of the following occur: 2.6.6.3.1. New software releases loaded without prior written approval from Verizon will void the Software Service. 2.6.6.3.2. Non - manufacturer proprietary operating systems or other software applications used in conjunction with the covered software or co- resident with the covered software on the hardware platform on which the covered software resides will void the Software Service. 2.6.6.4. Customer Responsibilities. VERIZON CONFIDENTIAL Contract ID: 686148 -02 © 2003, 2006 Verizon. All Rights Reserved. Page 17 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 b :1 IVA lot. -big IKVJ [oil .0 2.6.6.4.1. Customer is responsible for contacting Verizon to request a major or minor software release based on manufacturer's Technical Bulletin or notification from Customer's Verizon account team. 2.6.6.4.2. Customer is responsible for maintaining non - covered software and hardware products. 2.6.6.4.3. Customer may not copy application and /or operational software or any associated documentation. 2.7. CPE Related Assessment Services. Verizon will provide on site assessment services in accordance with the Guide and one or more SOWs, which are incorporated herein by reference (hereinafter "CPE Related Assessment Services "). 3. Terms and Conditions. 3.1. Orders /Changes In /Additions to System. 3:1,1. Orders: Customer may order CPE Services or a System, or make a change to an order for CPE Services or a System as specified below. For purposes of this section, writings include email and other electronic forms. 3.1.2. Signed orders: Customers may order CPE Services or a System through a signed writing. Verizon may accept electronic writings and electronic signatures at its discretion. 3.1.3. Unsigned orders: In addition to the above, for Orders (as defined below) placed to Verizon, Customer may order CPE Services or a System, or make a change to an order for CPE Services or a System orally or by an unsigned writing (collectively, inclusive of signed orders, an "Order "), if the Order is confirmed. Customer is bound by Verizon documentation of an Order that has been confirmed the same as it would be to an Order the Customer has signed. An Order or Change Order (defined below) is deemed confirmed if (a) Verizon sends to Customer written documentation of each specific item of the CPE Service or a System ordered, its current price, and the Customer location, and (b) Customer does not promptly notify Verizon that the documentation is not correct. A Customer purchase order or similar document is evidence only of Customer's intention to purchase CPE Services or a System. Except for provisions evidencing an intent to be bound by the terms and conditions of an agreement between Customer and Verizon, the terms and conditions of a Customer purchase order or similar document will be disregarded and have no force or effect; instead, the terms and conditions of the Agreement and these CPE Services and System Terms between Customer and Verizon will govern. 3.1.4. Change Orders. In addition to the Section entitled "Orders" above: 3.1.4.1. Verizon will comply, to the extent it deems feasible and reasonable, with any proposed changes in the System or CPE Services under these CPE Services and System Terms or any applicable SOW ( "Change Orders "). No Change Order will become effective, and no changes in the System or CPE Services will be initiated, until the Change Order is accepted by Verizon. Change Orders are accepted by the same process as Orders are agreed to and executed by Customer and Verizon. 3.1.4.2. If changes result in an increase or decrease in charges or time needed for performance, such adjustments will be reflected in a written Change Order. 3.1 Risk of Loss. Risk of loss or damage to a System passes to Customer upon the earlier of i) delivery of the System to the Customer Site (including portions thereof), and ii) when Customer takes shipping responsibility. 3.3. Title and Security Interest. Verizon will retain title to the applicable System elements until full payment for the same has been rendered. Until such time, Customer grants Verizon a purchase money security interest in the System, or similar or equivalent interest pursuant to local law, and agrees that Verizon may file all documents necessary to perfect that interest. At Verizon's request, the Customer will provide all assistance required for the enforceability of retention of title. Upon final payment, title will pass to Customer and Verizon will release its security or other interest. Customer will not grant or convey to any other person or entity a security interest in, or permit placement of a lien on, the System unless and until Customer has paid Verizon in full for such System. As between Verizon (including its suppliers) and Customer, Verizon (or its ultimate suppliers or licensors, as applicable) retains all right, title and interest in and to all software provided by Verizon. 3.4. Termination. VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 18 of 33 Printed 5/1612013 at 04:04:02 PM Contract ID: 686148 -02 Verizon 3.4.1. Either party may terminate an Order or a SOW for convenience, in whole or in part, upon 30 days prior written notice to the other party, provided, however that Orders may not be terminated after shipment by a third party supplier or Verizon, as applicable, unless otherwise provided herein. If a SOW or Order is terminated by Customer pursuant to this Section Verizon has no further responsibility under the SOW or Order and Customer will promptly pay Verizon: (i) for all System elements and CPE Services provided up to the date of termination or cancellation, as applicable; (ii) for all expenses incurred up to the date of termination or cancellation, as applicable, including but not limited to the costs of terminating purchase orders, return of System elements, if permitted by Verizon, removal of System elements and other contractual obligations made by Verizon to meet its obligations under these CPE Services and System Terms or SOW, and (iii) a restocking fee of 25% of the price for unopened items or a 35% restocking fee for opened items, as shown on the applicable quote, for any System elements cancelled or returned provided such cancel or return is permitted by the manufacturer of the System element, and as authorized by Verizon. Where multiple SOWs or Orders are associated with these CPE Services and System Terms, the termination of one or fewer than all of the SOWs or Orders will only affect the terminated SOWs or Orders, and any additional SOWs will remain in effect. 3.4.2. If either party fails to perform material terms of these CPE Services and System Terms and (i) such failure is not cured within 30 calendar days following receipt of a default notice in writing from the other party; or (ii) if such failure cannot reasonably be cured within such 30 calendar days, and the defaulting party fails to uses commercially reasonable efforts to cure such breach as soon as practicable, but in any event within 90 calendar days following written notice, then the non - defaulting party may suspend its performance of and /or terminate the affected Order to which the default pertains. Upon termination of such Order, Customer is liable for any unpaid charges for the terminated CPE Service incurred up to the time of termination of such CPE Service and for any System element provided up to the time of such termination. These CPE Services and System Terms will not be terminated, and will continue in effect, with respect to all other CPE Services and Systems that are not the subject of such default. Termination of any CPE Service or System will be in addition to and not in substitution of any other rights and remedies available to the non - defaulting party under these CPE Services and System Terms, applicable law, or otherwise. 3.4.3. Rental Service Termination. Customer shall return all terminated Rental Service (Monthly and Term) Equipment to Verizon in good condition and repair, reasonable and proper depreciation excepted (or otherwise dispose of the Equipment as Verizon directs), to the following address, at Customer's expense, within five business days after the expiration or termination of the CPE Terms (with respect to the particular item(s) of the System for which service is terminated), or the actual termination of service under these terms if Customer and Verizon have agreed to it occurring before the 30 -day notice period has expired, whichever is sooner. Texas Moving Company 908 North Bowser Road Richardson, TX 75081 -2869 ATTN: PICS / VzB FIELD RETURNS (if applicable, include the Decom ER or disconnect order) 3.43.1. Upon termination prior to the end of a Service Term (Rental Service Term) commitment selected by a Customer with respect to the System, Customer will pay (i) an amount equal to the monthly recurring charges for the terminated service for each month remaining in the Service Term (Rental Service Term) commitment selected by the Customer with respect to that System, and (ii) any and all credits received by Customer with respect to that System, in full, without setoff or deduction. The parties acknowledge that these payments are not a penalty but reasonably reflect Customer's agreement to take or pay for the services and Verizon's reliance on that commitment in purchasing and pricing the System, among other factors. These payments are in addition to any other remedies available to Verizon. VERIZON CONFIDENTIAL Contract ID: 686148-02 © 2003, 2006 Verizon. All Rights Reserved. Page 19 of 33 Printed 5/16/2013 at 04:04:02 PIA Contract ID: 686148 -02 3.5. Confidentiality. Notwithstanding any contrary term in the Agreement and consistent with applicable law, Verizon may disclose the terms of these CPE Services and System Terms, in whole or in part, to: (a) Verizon Affiliates; (b) Verizon or Verizon Affiliate suppliers and /or subcontractors that offer (including new offers or renewal offers), provide, repair, maintain, bill, collect, or perform other functions in connection with Verizon or Verizon Affiliate products or services under or in connection with these CPE Services and System Terms; (c) successors in interest to Verizon or Verizon Affiliates (by merger or otherwise); and /or (d) persons to whom Verizon or Verizon Affiliates may sell all or part of its respective businesses or assets. 16. Warranty. Verizon warrants it will perform the CPE Services provided by Verizon under these CPE Services and System Terms in a good and workmanlike manner. Unless otherwise set forth herein or in an SOW, Verizon is not the manufacturer or licensor of the System but will transfer or pass through to Customer the benefit of any and all manufacturer warranties on the same terms as offered by such manufacturers which are capable of being transferred or passed through. Verizon is not the provider of Third Party Services therefore Verizon no warrantieG mnranteeG nr assurances of quality that apply to Third Party Services but will transfer or pass through to Customer the benefit of any and all third party warranties on the same terms as offered by such third parties which are capable of being transferred or passed through. These warranties do not cover damage to or malfunction of the System caused in whole or in part by Customer or third parties through other than normal use of the System or caused by an event external to the System. THE WARRANTIES SET FORTH IN THESE CPE SERVICES AND SYSTEM TERMS ARE IN LIEU OF ALL OTHER WARRANTIES FROM VERIZON TO THE EXTENT PERMITTED BY LAW. CUSTOMER'S SOLE REMEDY FOR A BREACH OF THE WARRANTY FOR CPE SERVICES IS FOR VERIZON TO REPERFORM THE DEFECTIVE WORK. VERIZON PROVIDES AND /OR LICENSES ALL DELIVERABLES AS STATED IN AN SOW TO CUSTOMER "AS IS ". IN ADDITION TO DISCLAIMERS IN THE AGREEMENT, VERIZON WILL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO VERIZON'S OR CUSTOMER'S TRANSMISSION FACILITIES OR EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD. 3.6.1. Voice Equipment. In addition to other applicable warranties contained herein, for voice Systems installed by Verizon, the warranty period for the System components on the relevant quote begins on the In- Service Date and continues for 12 months. 3.6.2. CPE Deployment Services Warranties. In addition to other applicable warranties contained herein, Verizon warrants that any cables and connectors between the System and any other equipment on Customer's premises that are provided by Verizon will be in good working order for a period of thirty days after installation unless the failure of such cables and connectors is caused by Customer's misuse or abuse. 3.7. Limitation of Liability. SUBJECT TO THE EXCLUSIONS SECTION OF THE AGREEMENT, VERIZON'S ENTIRE LIABILITY FOR ANY OTHER DAMAGE WHICH MAY ARISE HEREUNDER, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING VERIZON'S NEGLIGENCE, OR OTHERWISE, WILL BE LIMITED TO THE LESSER OF 1) THE PURCHASE PRICE OF THE SPECIFIC ORDER GIVING RISE TO THE CLAIM; AND 11) THE LIMITATION OF LIABILITY IN THE AGREEMENT. VERIZON WILL BEAR NO LIABILITY FOR USE OF THE SYSTEM OR CPE SERVICES PROVIDED UNDER THIS ATTACHMENT IN CONNECTION WITH LIFE SUPPORT SYSTEMS OR DEVICES OR PUBLIC SAFETY SYSTEMS. EXCEPT AS EXPRESSLY STATED OTHERWISE HEREIN, VERIZON WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR INTEROPERABILITY OR COMPATIBILITY OF THE SYSTEM WITH THIRD -PARTY PRODUCTS OR SYSTEMS THAT CUSTOMER MAY UTILIZE IN CONJUNCTION WITH THE SYSTEM OR TO WHICH CUSTOMER MAY CONNECT EQU- IPMENT. The Customer and Verizon acknowledge that the warranties, limits on liability and exclusions set out in these CPE Services and System Terms fairly allocate the risk between the Customer and Verizon and are reflected in the charges for the System and /or CPE Services. 3.8. Indemnification. VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 20 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon 3.8.1. System indemnity. Verizon is not the manufacturer of the CPE or the owner of any third party software provided for use with the CPE, which CPE and software comprising the System are provided hereunder pursuant to the standard terms and conditions of the respective third party manufacturer and /or owner(s) thereof. Except for such manufacturers' or owners' indemnities applicable to the CPE and /or software that Verizon is authorized to pass through for the benefit of Customer, which such indemnities Verizon hereby agrees to pass through to Customer, the CPE, including software used therewith, is provided to Customer on an AS IS basis, without any express or implied warranties of any type, and without any obligation to defend or indemnify for any infringement. 3.8.2. Services Indemnity. Except as provided below, Verizon will defend Customer against any claim, suit, action or proceeding alleging that the purchase or use by Customer of any CPE Service infringes a valid U.S. patent or copyright ( "Services Claim "), and Verizon will indemnify and hold harmless Customer against any and all finally awarded costs and expenses, including attorneys' fees, in connection with any such Services Claim. 3.8.2.1. If the use of any CPE Service is enjoined or subject to a Services Claim, Verizon may, at its option and expense, either procure for Customer the right to continue to use the affected CPE Service, replace the affected CPE Service with substantially equivalent, non - infringing service, or modify the affected CPE Service so that it becomes non - infringing. In the event that none of the foregoing options is commercially reasonable, Verizon may terminate the CPE Service. 3.8.2.2. Verizon shall have no obligation to defend, indemnify or hold harmless Customer for any Services Claim or portion thereof that arises from (i) any negligent or willful act or omission by or attributable to Customer; (ii) any combination, use or operation of any CPE Service with equipment or services provided by Customer or any third party; (iii) any addition to or modification of the CPE Service by Customer, any third party or Verizon at Customer's request; (iv) use of other than the then current unaltered release of any Verizon- provided software used in the CPE Service provided Verizon has made such release available to Customer; (v) any equipment, system, product, process, method or service of Customer which otherwise infringed any U.S. patent or copyright asserted against Customer prior to the supply of the CPE Service to Customer hereunder; (vi) functionality provided by Verizon at the direction of Customer, its agents, employees, or other contractors (including the provision of functionality in accordance with technical specifications provided by Customer); or (vii) use or operation, by Customer, its agents, employees or other contractors, of CPE Service other than as specified in these CPE Services and System Terms. 3.8.3. The foregoing states the entire obligation of Verizon to Customer and is Customer's sole and exclusive remedy with respect to any claim of infringement of any intellectual property right of any kind, including the manufacturers' or owners' indemnities applicable to the CPE and software that Verizon is authorized to pass through for the benefit of Customer, if any, and Verizon disclaims all other warranties and obligations with respect thereto. 3.8.4. Customer will defend, indemnify and hold harmless Verizon, its employees, officers, directors, agents and affiliates for damages, costs and attorneys fees in connection with any claim arising out of (a) Customer's use of the System or CPE Services other than as may expressly be indemnified by Verizon pursuant to Sections 8.1 and /or 8.2 of these CPE Services and System Terms, or (b) the content of communications transmitted by or on behalf of Customer in the use of the System or CPE Services, including but not limited to libel, slander, and invasion of privacy. 18.5. Each party (the "indemnitor ") will defend, indemnify, and hold harmless the other party (the "indemnitee ") against all claims and liabilities for direct damages imposed on the indemnitee for bodily injuries, including death, and for damages to real or tangible personal property to the extent caused by the negligent or otherwise tortious acts or omissions of the indemnitor, its agents or employees in the course of performance of these CPE Services and System Terms. VERIZON CONFIDENTIAL Contract ID: 686148-02 © 2003, 2006 Verizon. All Rights Reserved. Page 21 of 33 Printed 5/16/2013 at 04:04:02 PM KIM 3.10 3.11 Contract ID: 686148 -02 a E 3.8.6. The defense and indemnification obligations set forth in this Section are contingent upon (1) the indemnitee providing the indemnitor prompt, written, and reasonable notice of the claims, demands, and /or causes of action subject to indemnification, (2) the indemnitee granting the indemnitor the right to control the defense of the same, and (3) the indemnitee's full cooperation with the indemnitor in defense of the claim, including providing information and assistance in defending the claim. Nothing herein, however, will restrict the indemnitee from participating, on a non - interfering basis, in the defense of the claim, demand, and/or cause of action at its own cost and expense with counsel of its own choosing. No settlement may be entered into by the indemnitor on behalf of the indemnitee that includes obligations to be performed by the indemnitee (other than payment of money that will be fully paid by the indemnitor under Sections 8.1 — 8.5 above) without indemnitee's prior written approval Disclosure Indemnification. If Customer fails to identify and disclose to Verizon concealed Customer equipment, wiring or conditions, as required under the CPE Services and System Terms, then Customer will defend and hold Verizon harm!ess from any claim, damage or liability resulting from a failure to disclose this information. Hazardous Substances. Except as disclosed to and acknowledged in writing by Verizon, Customer certifies that it is not aware of the presence of any asbestos or other hazardous substance (as defined by any applicable hazardous waste or environmental law or regulation) at any location where Verizon is to perform CPE Services under these CPE Services and System Terms. If during such performance Verizon employees or agents encounter any such substance, Customer agrees to take all necessary steps, at its own expense, to remove or contain the asbestos or other hazardous substance and to test the premises to ensure that exposure does not exceed the lowest exposure limit for the protection of workers. Verizon may suspend performance under these CPE Services and System Terms until the removal or containment has been completed and approved by the appropriate governmental agency and Verizon. Performance obligations under these CPE Services and System Terms will be extended for the period of delay caused by said cleanup or removal. Customer's failure to remove or contain hazardous substances will entitle Verizon to terminate by virtue of law, without Court intervention, delay, or other formality and liability, these CPE Services and System Terms, an Order, or an SOW at Verizon's option. Upon such termination, Customer will permit Verizon to remove any System that has not been accepted, will reimburse Verizon for expenses incurred in performing these CPE Services and System Terms, Order, or SOW until termination (including but not limited to expenses associated with such termination, such as removing a System, terminating leases, demobilization, etc.), and will complete payment for any portion of a System or CPE Services that has been accepted. Export and Legal Compliance. Customer acknowledges that the export, import, and use of certain hardware, software, and technical data provided under the Agreement is regulated by the United States and other governments and agrees to comply with all applicable laws and regulations, including the U.S. Export Administration Act, the regulations promulgated thereunder by the U.S. Department of Commerce, and any other applicable laws or regulations of the United States or other relevant jurisdictions (collectively, "Export Laws "). Without limiting the generality of the foregoing the parties further agree: 3.11.1. Customer shall not export, re- export, release, transfer or allow the diversion of any items, hardware, software, technology, or the direct product of such technology obtained by Customer under these CPE Services and System Terms without first complying fully with all applicable Export Laws and obtaining any and all required licenses from United States and other governmental authorities. 3.11.2. Customer shall not conduct business with any company, individual, organization or country that is subject to trade sanctions, embargoes, or other restrictions under applicable Export Laws, nor any entity that is involved in an end use prohibited under Export Laws including but not limited to chemical or biological weapons proliferation or nuclear or missile technology proliferation, in either case without complying fully with all applicable Export Laws and obtaining any and all required licenses from United States and other governmental authorities and providing written notice to, and prior approval from, Verizon. 3.113. Customer shall cooperate with and provide all necessary information to Verizon in order to facilitate full compliance with all trade - related laws and regulations. VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 22 of 33 Printed 6/1612013 at 04:04:02 PM Contract ID: 686148 -02 Verizon c• 3.11.4. Unless prohibited by law, Customer agrees to provide notice to Verizon of trade compliance related communications received from and /or actions taken by government export officials and /or customs authorities, as relate specifically to the System and /or CPE Services provided herein by or to Customer. Notice shall be provided to Verizon within 10 days of receiving the above referenced communications or notice of actions to be taken by government officials. Such notice shall include the details of any pending investigation and to what extent Verizon items, hardware, technology, or services are involved. 3.11.5. Customer further agrees to release, hold harmless, defend, and indemnify Verizon, its officers, directors, shareholders, agents, and employees, from and against any claims, breaches of the representations, costs, damages, penalties, fines or liabilities (including attorneys fees) arising out of, or in connection with any alleged violation by Customer of Export Laws. 3.11.6. Verizon may refuse to proceed with any transaction contemplated hereunder where it determines such transaction may violate Export Laws. The obligations in this section survive the expiration or early termination of these CPE Services and System Terms. 3.12. Order of Precedence. In the event of conflicts among the terms of the Agreement, this Service Attachment, a SOW and any Schedule, the following order of precedence will apply: (i) the Schedule; (ii) this CPE Services and System Terms; (iii) the Agreement; and (iv) the SOW. 3.13. Third Party Services. In addition to the terms of the Agreement any third party maintenance and services will be provided on a Subscription basis in accordance with (i) the Third Party Terms generally available on its respective websites or attached as an exhibit and (ii) the relevant terms and conditions of these CPE Services and System Terms, specifically excluding the termination for convenience provisions in the first subsection of the Termination section in this Part 111, above. A subscription ( "Subscription ") means the agreement by which Customer purchases, and Verizon resells, certain CPE Services provided by third parties ( "Third Party Services "). The charges and /or the terms and conditions applicable to the Subscription(s) may change at Customer's renewal or extension of such Subscription(s). Information concerning some Third Party Terms is provided below, however, additional Third Party Terms may be provided from Verizon from time to time as required by an Order. 3.13.1. Cisco Services. When ordering Cisco products or services, Customer acknowledges having read and understood the applicable End User Obligations and service descriptions found at http:// www. cisco .com /go /servicedescriptions/ or other URL as may be provided by Cisco from time to time. Further, Customer agrees to the terms and conditions of Cisco's Software License Agreement, available via the web URL shown above. 3.13.2. Juniper Services. When ordering Juniper products or services, Customer acknowledges having read and understood the applicable End User Obligations and service descriptions found at http: / /www. juniper. net /support/guidelines /990216.pdf or other URL as provided by Juniper Networks from time to time. 3.13.3. Polycom Services. When ordering Polycom products or services, Customer acknowledges having read and understood the applicable End User Obligations and service descriptions found at http: / /www.portal.polycom.com or other URL as provided by Polycom from time to time. 3.13.4. Riverbed Services. When ordering Riverbed products or services, Customer acknowledges having read and understood the applicable end user obligations and license agreements, and service descriptions found at www.riverbed.com /license or other URL as provided by Riverbed from time to time. 3.14. Rental Service Terms and Conditions. 3.14.1. Title and Risk of Loss. Title to Systems under Rental Service (Monthly and Term) remains with Verizon or its assignee. Customer bears the risk of loss or damage to Systems under Rental Service (Monthly and Term) after delivery to Customer's site and while such System is located at an installation site and will pay Verizon the reasonable and customary costs of repair or replacement of such System if loss or damage occurs. Customer shall provide notice of loss or damage to the System as soon as Customer receives notice of such loss or damage. Customer shall not do anything inconsistent with Verizon or its assignee's interest in the System. 3.14.2. Insurance. VERIZON CONFIDENTIAL Contract ID: 686148 -02 © 2003, 2006 Verizon. All Rights Reserved. Page 23 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon Business Service Agreement 3.14.2.1. Customer shall maintain insurance, the kinds and in the amounts specified, with insurers of recognized responsibility, licensed to do business in the State(s) where Customer's obligations will be performed, and having at least: an A.M. Best's rating of AX, a Standard & Poor's ( "S &P's ") rating of AA, or a Moody's rating of Aa2. In accordance with the above, Customer shall maintain Commercial General Liability, Property and Casualty or other insurance coverage for damage to the System during such time as Customer bears the risk of loss for such System. The limits of such insurance must be no less than the replacement cost of the Equipment. A combination of primary and excess /umbrella liability policies will be acceptable as a means to meet the limits specifically required hereunder. THE REQUIRED MINIMUM LIMITS OF INSURANCE COVERAGE SET FORTH BELOW DO NOT IN ANY WAY RESTRICT OR DIMINISH CUSTOMER'S LIABILITY UNDER THE AGREEMENT. 3.14.2.2. Customer will submit to Verizon a standard "Acord" insurance certificate (or comparable form acceptable to Verizon) signed by an authorized representative of such insurance company(ies) certifying that the insurance coverage(s) required hereunder are in effect for the purposes of the Rental Service (Monthly and Term). The certificate of insurance shall contain a provision stating that the insurer or its authorized representative(s) shall endeavor to provide thirty days prior written notice for intent to non - renew, cancellation or material adverse change, except ten day notice for nonpayment of premium. That insurance certificate must certify that no material alteration, modification or termination of such coverage(s) will be effective without at least 30 days advance written notice to Verizon. 3.14.2.3. If Customer at any time neglects or refuses to provide the insurance required hereunder, or if such insurance is cancelled or non - renewed, Verizon has the right to terminate the Rental Service (Monthly and Term), or to pay the costs of securing substitute coverages and bill to Customer for those costs. 3.14.2.4. Customer's insurance will be considered primary and not excess or contributing with any other applicable insurance. 3.15. Maintenance Terms and Conditions. Verizon reserves the right to change the rates, terms and conditions of Maintenance Service under these CPE Services and System Terms to be effective upon the commencement of any renewal term and without formal amendment of these CPE Services and System Terms by providing Customer written notice thereof prior to the expiration of the then - current term. If Customer is unwilling to accept such amended rates, terms and conditions, Customer will provide Verizon written notice thereof prior to the expiration of the then- current term, in which event the Maintenance Service will terminate upon expiration of the then- current term. Verizon may terminate the Maintenance Service upon 60 days written notice prior to the end of the then current term, otherwise the Maintenance Service will continue to be provided at the then current undiscounted rate. If Customer has pre -paid the Maintenance Service and terminates prior to the end of the term, Customer will be reimbursed for the unused portion of the Maintenance Service, less any applicable cancellation charge and discount received. 3.16. CPE Related Assessment Services Terms and Conditions. 3.16.1. Term of Services. The CPE Related Assessment Services will commence as set forth in the applicable SOW and will continue in effect for the period of time required for Verizon to provide such CPE Related Assessment Services, or otherwise as specified in such SOW. 3.16.2. Developed Information. Unless otherwise set forth in a SOW, the parties acknowledge and agree that Verizon will at all times retain and have sole and exclusive title to and ownership of all (i) deliverables, documentation and information provided by Verizon to Customer under or in connection with a SOW, whether provided in hard -copy or electronic form, including, without limitation, all methodologies, processes, programs, tools /templates, software, templates, specifications, techniques, data, presentations, studies, compositions, marketing collateral, training programs and materials, analyses and assessments, and (ii) works of authorship, inventions, discoveries, concepts, ideas, designs, methods and information, whether or not patentable or copyrightable, developed, acquired, made, conceived or worked on by Verizon or any of its employees and agents, either solely or jointly with others, in connection with the performance of services under or in connection with a SOW. VERIZON CONFIDENTIAL Contract ID: 686148-02 0 2003, 2006 Verizon. All Rights Reserved, Page 24 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon Business Service Agreement 3.16.3. General Provisions. During the term of the CPE Services and for a period of 6 months after its completion, Customer agrees not to employ or solicit for employment, directly or indirectly, or to permit its agents, contractors or others contemporaneously performing services for Customer to employ or solicit for employment, directly or indirectly, any of Verizon's employees involved in the provision of CPE Services under the applicable SOW. VERIZON CONFIDENTIAL Contract ID: 686148 -02 © 2003, 2006 Verizon. All Rights Reserved. Page 25 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 • w A V Promotions Attachment - • - -• • • Subject to the Conditions below, Customers ordering Verizon's Internet Dedicated Service T1 Price Protected Option ( "PPO ") or NxT1 MLFR circuits under this promotion ( "Promotional Circuit ") will receive the following promotional MRC from the pricing table shown below (which also includes the MRC for a local T1 access loop in addition to the Internet Dedicated circuit) and waiver of related standard installation charges as shown below for each Promotional Circuit and associated local T1 access loop, as applicable, for the remaining Term of the Agreement, based on the length of the Term Customer committed to in the Agreement: Circuit Type Standard Installation"* Local T1 Access Loo s * 1 Year Term MRC 2 Year'. Term MRC ' 3+ Year Term MRC PPO T1 Waived included $379 $349 $339 2xT1 Waived Included $758 $698 $678 3xT1 Waived Included $1,137 $1,047 $1,017 4xT1 Waived Included $1,516 $1,396 $1,356 * Provided via an "MCI Legacy Company" as defined in the Guide. ** Includes both port and access install charges. Conditions Of Eligibility The following are eligible for this promotion: a. New Promotional Circuits installed after this promotion is included in the Agreement b. Existing Promotional Circuits being renewed under a new Agreement term with this promotion included in the Agreement. c. Upgrades to a Promotional Circuit type installed after this promotion is included in the Agreement The Promotional Circuit must be located entirely: a. Within the 48 contiguous states b. Within the selected CLLI areas set forth within the Guide for this promotion Eligible CLLI locations are defined in the Service Publication and Pricing Guide and are subject to change. 4. Promotion must be included in the Customer's agreement signed and submitted by July 31, 2011 5. Verizon will determine the local access loop provider. 6. Promotional Circuits receiving the benefits of this promotion may not receive the benefits of the following promotions: On The Network IV Lit Building Access, Reach The Network Tiered Access, On The Network V Lit Building Access, On The Network V Cross Connect, On the Network V Cross Connect v2.0, Internet Dedicated Bundled PPO T1 & NxT1 Select I, Internet Dedicated Bundled PPO T1 & NxT1 Select II, Internet Dedicated T1 & NxT1 Select III, Internet Dedicated T1 & NxT1 Select IV, Internet Dedicated T1 & NxT1 Select V and Internet Dedicated T1 & NXT1 Port Only and Verizon Loyalty Plus Promotions. This promotion supersedes the terms and conditions of the Internet Dedicated Bundled PPO T1 & NxT1 Select I, Internet Dedicated Bundled PPO T1 & NxT1 Select II, Internet Dedicated Bundled PPO T1 & NxT1 Select III, Internet Dedicated Bundled PPO T1 & NxT1 Select IV and the Internet Dedicated T1 & NxT1 Select V promotions for any new Promotional Circuits or upgrades to a Promotional Circuit that would otherwise have received the promotional benefits under such promotions. 7. Unless stated otherwise, promotional rates /discounts are in lieu of all other discounts. VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 26 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon 8. Customer commits to paying for the Promotional Circuit for the lesser of a minimum of 1 year from the circuit's original Service Activation Date or the length of time remaining on Customer's Term commitment ( "Commitment Period "). If Customer terminates any Promotional Circuit ordered under this promotion before the Commitment Period has expired, except for termination for Cause, such termination shall not be effective until 30 days after Company receives written notice of termination ( "Termination Date "). In addition to paying all accrued but unpaid charges for the terminated Promotional Circuit incurred through the Termination Date, for each Promotional Circuit terminated Customer will be required to pay, within 30 days after such Termination Date: (a) an amount equal to 75 percent of the monthly recurring charges remaining in the Commitment Period, if any; plus (b) all fees or early termination fees imposed by the access line provider, if any; plus (c) a pro rata portion of any and all credits received by Customer. However, these early termination charges will not apply if Customer terminates a Promotional Circuit to upgrade to a higher- bandwidth, replacement Verizon service and Customer commits to paying for such upgraded Verizon service for a period at least as long as the remainder of the original Commitment Period. In no event will Customer's total termination liability exceed the full contract value of the terminated Promotional Circuit. ENTERMNIET DEDICATED ETIERNE T PORT PROMOTION Subject to the Conditions below, Customers ordering Verizon's Internet Dedicated Service Price Protected Option ( "PPO "), Diverse T1, NxT1 MLFR or Diverse NxT1 circuits under this promotion ( "Promotional Circuit ") will receive the following promotional MRC from one of the pricing tables shown below (which also includes the MRC for a local T1 access loop or multiple loops for the Diverse and Diverse NxT1 services in addition to the Internet Dedicated circuit) and waiver of related standard installation charges as shown below for each Promotional Circuit and associated local T1 access loop, as applicable, for the remaining Term of the Agreement, based on the length of the Term Customer committed to in the Agreement: Eligible Service Types and Speeds Standard Port installation Charge Waived Port 'IMRC and Internet Dedicated Internet Dedicated Ethernet Ethernet Burstable Select Overage Discount IDE'Tiered IDE Burstable Select Agreement Term (10M) (50M) (100M) (600M) 2 Year 3+ Years 3 Mbps Port 2 Mbps Port 69% 72% 4 Mbps Port 69% 72% 5 Mbps Port 5 Mbps 69% 72% Port 10 Mbps Port 10 Mbps 10 Mbps 79% 82% Port Port 20 Mbps Port 20 Mbps 79% 82% Port 30 Mbps Port 30 Mbps 30 Mbps 79% 82% Port Port 40 Mbps Port 40 Mbps 79% 82% Port 50 Mbps Port 50 Mbps 79% 82% Port 79% 82% 100 Mbps Port 100 79% 82% Mbps Port 200 Mbps Port 200 82% 85% VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved, Page 27 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148-02 A Eligible Service Types and Speeds Standard Port Installation Charge Waived Internet Dedicated Ethernet Fast Ethernet Port Only Service Mbps Port MRC and Internet Dedicated Ethernet Burstable Select Overage Discount IDE Burstable Select (1000M) Burstable Select Tiered GigE Burstable Select GigE Agreement Term Port 2 Year 3+ Years 300 Mbps Port 300 82% 85% 69% Mbps 69% 72% Port 10 Mbps Port 79% 82% 82% 85% 400 Mbps Port 82% 400 82% 85% 82% Mbps 79% 82% Port 82% 500 Mbps Port 75 Mbps Port 79% 500 82% 85% 100 Mbps Port 100 Mbps Port 79% 82% Mbps 200 Mbps Port 200 Mbps Port 82% 85% 300 Mbps Port Port 300 Mbps Port 300 Mbps Port 600 Mbps Port 85% 350 Mbps Port* I P2 85% 700 Mbps Port 400 Mbps Port 400 Mbps Port 82% 85% 500 Mbps Port 750 500 Mbps Port 750 82% 85% 600 Mbps Port Mbps 82% Mbps 700 Mbps Port Port* 85% Port* 750 Mbps Port* 1 85% 82% 85% 1000 Mbps Port I i 1 82% 85% Eligible Service Types and Speeds Standard Port Installation Charge Waived Internet Dedicated Ethernet Fast Ethernet Port Only Service GigEPort Only Service Port MRC and Internet Dedicated Ethernet Burstable Select Overage Discount IDE Burstable Select (1000M) Burstable Select Tiered GigE Burstable Select GigE Agreement Term 2 Year 3+ Years 69% 72% 69% 72% 69% 72% 10 Mbps Port 79% 82% 79% 82% 79% 82% 79% 82% 79% 82% 75 Mbps Port 79% 82% 100 Mbps Port 100 Mbps Port 100 Mbps Port 79% 82% 200 Mbps Port 200 Mbps Port 200 Mbps Port 82% 85% 300 Mbps Port 300 Mbps Port 300 Mbps Port 82% 85% 350 Mbps Port* 82% 85% 400 Mbps Port 400 Mbps Port 82% 85% 500 Mbps Port 500 Mbps Port 500 Mbps Port 82% 85% 600 Mbps Port 82% 85% 700 Mbps Port 82% 85% 750 Mbps Port* 750 Mbps Port* 82% 85% 800 Mbps Port* 82% 85% 1000 Mbps Port 82% 85% MITSUI= VERIZON CONFIDENTIAL Contract ID: 686148-02 © 2003, 2006 Verizon. All Rights Reserved. Page 28 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon 1. New and renewing Customers must sign a Verizon master services agreement ( "Agreement ") with a minimum two -year term commitment ( "Term "). 2. The following are eligible for this promotion: • New Promotional Circuits installed after this promotion is included in the Agreement • Existing Promotional Circuits being renewed under a new or extended Agreement term • Upgrades to a Promotional Circuit type installed after this promotion is included in the Agreement 3. This promotion is applicable only for Promotional Circuit ports located within the 48 contiguous states. • Ports in Alaska, Hawaii, Puerto Rico, and any foreign countries are not eligible 4. Promotion must be included in the Customer's agreement, signed and submitted by July 31, 2013. 5. Customer commits to paying for the Promotional Circuit for the lesser of a minimum of 2 years from the circuit's original Service Activation Date or the length of time remaining on Customer's Term commitment ( "Commitment Period "). If Customer terminates a Promotional Circuit before the end of the Commitment Period, Customer will pay an early termination charge of: (a) 75 percent of the applicable monthly recurring charges multiplied by the number of months remaining in the Commitment Period for such Promotional Circuit, if any; plus (b) all fees or early termination fees imposed by the access line provider, if any; plus (c) a pro rata portion of any and all credits received by Customer. However, early termination charges will not apply if Customer terminates a Promotional Circuit as part of an upgrade to the Promotional Circuit or an upgrade to any other Verizon service and Customer commits to paying for such upgraded Promotional Circuit or Verizon service for the remainder of the Commitment Period and in no event will Customer's total termination liability exceed the full contract value of the terminated Promotional Circuit. 6. Local access is required, but is not included. 7. Orders may be expedited, but standard expedite fees will apply. 8. Unless explicitly stated otherwise, promotional rates /discounts are in lieu of all other discounts. 9. This promotion cannot be combined with any of the following promotions: Internet Dedicated Ethernet 10M to 100M Port Promotion Internet Dedicated Ethernet 10M to 100M Port Promotion — v2.0 ® Internet Dedicated High Speed Ethernet and OCN Port Promotion Internet Dedicated High Speed Ethernet and OCN Port Promotion v2.0 Internet Dedicated Ethernet IP Port Only Promotion Internet Dedicated Ethernet Low Bandwidth IP Port Only Promotion Internet Dedicated Ethernet Low Bandwidth IP Port Only Promotion (VBS 111) 10. Existing Customer with any existing Ethernet Promotions, who are not renewing their contract are not eligible for this promotion Subject to the conditions below, a Customer with a two -year master agreement Term commitment that simultaneously orders the types of Verizon Internet Dedicated, Private IP, or interstate DS1 US Private Line Service /circuit types listed below along with the associated eligible Customer Premises Equipment ( "CPE ") (each, including CPE, referred to as a "Promotional Circuit ") and enrolls that Promotional Circuit in this promotion will receive a one -time per circuit invoice credit set forth in the table below for that Promotional Circuit. The credit will be applied within the first two billing cycles following the Service Activation Date for each such Promotional Circuit ordered. Eligible Services must be sold with router* Invoice Credit per Promotional Circuit Internet Dedicated Ethernet VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 29 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon Service Agreement • Tiered (1 OMpbs —100 Mpbs) • Burstable Select 50 Mbps (10 through 40 Mpbs) $1,500 • Burstable Select 100 Mbps (10 through 80 Mbps Internet Dedicated T1 ** $450 PPO T1 — 1.5Mbps) Internet Dedicated NXT1 ** $2,000 (3Mb s —12Mb s Internet Dedicated T3 ** $800 5Mb s —1 OMb s Internet Dedicated T3 ** $1,800 11 Mbps — 20Mbps Internet Dedicated T3 ** $3,000 (21 MUps — 45Mbps11 Internet Dedicated T3 ** $5,000 Price Protected 45Mb s) Private Line DS1 $500 Private lP Port*** $500 (1.5Mb s Private IP Port * ** $750 3Mb s to 10OMb s * Eligible CPE is limited to routers sold strictly for the purpose of connecting to the eligible network service at the customer's premises. CPE must be ordered from Verizon at the same time as the network service circuit is ordered. ** Internet Dedicated Access (IDA) Burstable and Internet Dedicated Ethernet Burstable service types are not eligible. Internet Dedicated Access circuits sold with Router as "transport" for Voice Over IP ( "VoIP ") A LA CARTE only) are eligible. * ** Eligible Private IP port speeds may be sold with TDM or Ethernet Access. Conditions 1. New circuits are eligible for this promotion. 2. Existing circuits that are upgraded to a port/circuit type /speed specified above must have been installed a minimum of 12 months prior to the upgrade to qualify for this promotion. 3. To receive the benefits of this promotion, each Promotional Circuit must be active, with no pending cancellation request, at the time the credit is applied. 4. The Promotional Circuit must be located entirely within the U.S. Mainland. 5. The promotion must be included in the Agreement signed and submitted by October 31, 2013. 6. Eligible Circuits and CPE must be ordered by November 30, 2013. VERIZON CONFIDENTIAL Contract ID: 686148 -02 © 2003, 2006 Verizon. All Rights Reserved. Page 30 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon .� 7. Customer commits to paying for the Promotional Circuit for a minimum of one year from the circuit's original Activation Date ( "Commitment Period "). If Customer terminates a Promotional Circuit ordered through this promotion before the end of the Commitment Period, Customer will incur an early termination charge of (i) 75% of the applicable monthly recurring charges for the Internet Dedicated, Private IP or Private Line Service, as applicable, multiplied by the number of months remaining in the Commitment Period, if any; plus (ii) all fees or early termination fees imposed by the access line provider, if any; plus (iii) a pro rata portion of any and all credits received by Customer. However, these early termination charges will not apply if Customer terminates a Promotional Circuit to upgrade to a higher - bandwidth, replacement Verizon service, and Customer commits to paying for such upgraded Verizon service for a period at least as long as the remainder of the original Commitment Period. In no event will Customer's total termination liability exceed the full contract value (including Verizon's full CPE charges which otherwise would have been credited) of the terminated Promotional Circuit. 8. Orders may be expedited, but standard expedite fees must be paid 9. Promotional Circuits receiving the benefits of this promotion may not receive the benefits of the following promotions: New Service Incentive, Internet T1 Free CPE, Internet NxT1 Free CPE and New Service CPE Rebate Promotions. 10. Special Customer Arrangements are not eligible for this promotion. GENERAL INSTALLATION WAIVER PROMOTION - V5.0 Subject to the Conditions below, Verizon will waive the standard non - recurring installation or start -up charges for eligible services in the table below (or in the case of Local Service -CLEC, the non recurring, charges of the types listed in the table below) and for related local loop access service (if any) provided under a Customer's master service agreement ( "Agreement ") by MCI Communications Services, Inc. d /b /a Verizon Business Services; MClmetro Access Transmission Services, LLC d /b /a Verizon Access Transmission Services; MClmetro Access Transmission Services of Virginia, Inc. d /b /a Verizon Access Transmission Services of Virginia; or MClmetro Access Transmission Services of Massachusetts, Inc. d /b /a Verizon Access Transmission Services of Massachusetts, as applicable. Eligible Services Exclusions To Eligible Services without limitation Network Services local Access Services - 9 OCn and Higher DSO, DS1 and DS3 only 0 International Network Access Local Access • Cross Border Leased Line Service • NRCs for special construction and network diversity Ethernet Access — Types 1, 2 , 3 & Standard Ethernet Access Type 4• Type 1 Ethernet Access with circuit facilities assignment- Type 3 Ethernet Access with circuit facilities assignment Enterprise Mobility as a Service — service Destination Management Service activation charge only Network Access Identifier "NAI" Service Ethernet Private Line - National, Metro and Ethernet Private Line (International) Access only Ethernet Virtual Private Line (EVPL) — Ethernet Virtual Private Line (International) CPA - based - National & Metro only Global Private Line Services — Global Data Link, International Private Line (IPL Half Circuit, IPL OSS and IPL Full Circuit • Internet Dedicated OC3 and Higher Internet Dedicated - Internet Dedicated Ethernet T1, NxT1 and T3 only 0 Internet Dedicated Fast Ethernet • Internet Dedicated Gi E VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 31 of 33 Printed 5/1 612 01 3 at 04:04:02 PM Contract ID: 686148 -02 Verizon Business .� Conditions: The promotion must be included in Customer's Agreement, signed and submitted by July 31, 2013. 2. Only new circuits (or equivalent service units) and existing circuits (or equivalent service units) that are upgraded to an eligible port type /speed are eligible for this promotion. 3. Customer commits to paying for the new circuit (or equivalent service unit) of the eligible service to which the benefits of this promotion apply (each a "Promotional Circuit ") and the associated local access loop, for a minimum of one year. Customers who terminate any Promotional Circuit or the associated local access loop before one year will be billed and required to pay all charges otherwise waived under this promotion. VERIZON CONFIDENTIAL Contract ID: 686148 -02 © 2003, 2006 Verizon. All Rights Reserved. Page 32 of 33 Printed 5116/2013 at 04:04:02 PM • Cross Connection Charges Long Distance 0 Features (Packages and Ala Carte) (Domestic and International) — TF /DA Listing Inbound and Outbound Access ITFS Service Fees • UIFN Registration Local Service - CLEC - (Facilities based and Disaster Recovery UNE -P) Expedite fees Includes: Non - Listing /Non- Published Service • Account Setup Telecommunications Service Priority • Account Charges (including moves, changes, Usage charges additions and billing record changes) Monthly Recurring Charges • Line Connection Charges (Local Line, Local Surcharges Try n'- Ba 1 oval T n-1. .DI al Tr.�nk 7 a ' C tl.lFlR'l2QSP'r�-�.• �LQt...G!!d1M L- 1D,..LocQ. 1 FU'.Srl L I • Ch!arn i necd by thir toe �•t:�l e� empt +t�,.�.w.� to�,td- parte.L -.�. Direct) • Includes access, egress, jack, or wiring charges • Direct Inward Dialing (DID) /2 way Direct All Governmental Charges Installation for blocks of DID /2 way direct numbers • Non- recurring charges for Local ISDN -PRI T1 installation and optional features • Selective Call Screening non- recurring charge • Non - recurring charges for Optional Features • Additional Telephone Number Listing (set up charge) • Alternative Call Listing (set up charge) • Restoral charges (customer and company charges on the rate calculator) • Toll Restrictions (set up charge) • Call Assistance Install (set up charge • Voicemail - NUMS (National Unified Message Service • Private IP Satellite Access Private IP (Domestic and International) Private IP - Dynamic Bandwidth Maintenance feature • Private IP - Geographic Gateway and Router Diversity features) • Cross Connection Charges Private IP Layer 2 • Secure Gateway Hardware Client Secure Gateway - Universal Port only 0 Secure Gateway Management Only • Secure Gateway Out Of Band Modem • Secure Gateway Firewall Custom U.S. Private Line Virtual Private LAN Service (VPLS Conditions: The promotion must be included in Customer's Agreement, signed and submitted by July 31, 2013. 2. Only new circuits (or equivalent service units) and existing circuits (or equivalent service units) that are upgraded to an eligible port type /speed are eligible for this promotion. 3. Customer commits to paying for the new circuit (or equivalent service unit) of the eligible service to which the benefits of this promotion apply (each a "Promotional Circuit ") and the associated local access loop, for a minimum of one year. Customers who terminate any Promotional Circuit or the associated local access loop before one year will be billed and required to pay all charges otherwise waived under this promotion. VERIZON CONFIDENTIAL Contract ID: 686148 -02 © 2003, 2006 Verizon. All Rights Reserved. Page 32 of 33 Printed 5116/2013 at 04:04:02 PM Contract ID: 686148 -02 • 4. Orders may be expedited, but applicable expedite fees must be paid. 5. Subject to the restrictions below for Ethernet Access, Customer will receive this promotional waiver benefit on any eligible service provided under this promotion during the Term of the Agreement. For Ethernet Access, Customer will receive this promotional waiver benefit for the charges specified as waived in the pricing sections of the Guide terms for Ethernet Access. Other charges, including without limitation other non - recurring charges, install or labor charges, project and professional services charges usage charges, monthly recurring charges, expedite charges, change charges, surcharges, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax -like surcharges, or other Governmental Charges will not be waived. VERIZONCONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 33 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon Business Billing Code: 0110ducaton Agreement Government &Education Service Agreement Account Manager: DEITRA HINES CITY OF BALDWIN PARK (hereinafter "Customer ") 14403 E. PACIFIC AVE Pricing and /or promotional benefits in this Agreement may not be available if it is signed and delivered to Verizon after June 15, 2013. General Terms and Condit-ions This Verizon Business Service Agreement ( "Agreement ") is made by and between "Verizon," which refers to Verizon Business Network Services Inc., on behalf of MCI Communications Services, Inc. d /b /a Verizon Business Services and any other Verizon affiliates identified in applicable service attachments or the Guide (individually and collectively), and CITY OF BALDWIN PARK ( "Customer "). The pricing in this Agreement is effective either: a) when Service (defined below) is installed if Customer has no Verizon service at the time this Agreement is accepted by Verizon or b) otherwise, by the first day of the second full billing cycle following acceptance of the Agreement by Verizon, except where a Service Attachment indicates otherwise for a particular service ( "Effective Date "). Verizon acceptance occurs upon Verizon's verification that an unaltered Customer - signed document is received by a Verizon implementation center. Customer Consent to Use of Customer Proprietary Network Information ( "CPNI "). Verizon acknowledges that it has a duty, and Customer has a right, under federal and /or state law to protect the confidentiality of Customer's CPNI. CPNI includes information relating to the quantity, technical configuration, type, destination, location, and amount of use of the telecommunications and interconnected voice over Internet Protocol services Customer purchases from Verizon, as well as related local and toll billing information, made available to Verizon solely by virtue of Customer's relationship with Verizon. With Customer consent, Verizon may share Customer CPNI and other Confidential Information among its affiliates, including Verizon Wireless, and with agents and partners, so that all may use this information to offer Customer the full range of products and services offered by Verizon and its affiliates, including local, long distance, wireless, and Internet services (see www.verizon.com for a description of Verizon companies and services). By signing this Agreement, Customer consents to Verizon using and disclosing Customer CPNI as described above. Customer may refuse CPNI consent by signing this Agreement and by notifying Verizon in writing at cpni - notices @verizonwireless.com and cpni- notices @verizonbusiness.com of Customer's decision to withhold Customer's consent. Customer's consent or refusal to consent will remain valid until Customer otherwise advises Verizon, and in either case, will not affect Verizon's provision of service to Customer. ILECS and Verizon Wireless. The Terms and Conditions below do not apply to Services provided by Verizon incumbent local exchange carriers ( "ILECs ") or by Cellco Partnership and its affiliates d /b /a Verizon Wireless ( "Verizon Wireless "), which are governed solely by the Service Attachments for such Services and, in the case of ILEC Services, applicable Tariffs (defined below). A Verizon Wireless Service Attachment becomes a part of this Agreement only once it is executed by Verizon Wireless and the Customer. 1. Services. Verizon will provide the products and services ( "Services ") in the Services Attachments. • Network Access • Ethernet services • Internet Dedicated Services • Voice and Data Equipment and Related Services 2. Term and Survival. The "Initial Term" begins upon the Effective Date and ends upon completion of 36 months, at which time the Agreement is automatically extended ( "Extended Term ") on a month -to -month basis until either party terminates it upon 60 days' prior written notice. The terms of this Agreement will continue to apply during any service - specific commitments that extend beyond the Term. "Term" means the Initial Term and Extended Term, VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 1 of 33 Printed 5/1612013 at 04:04:02 PM Contract ID: 686148 -02 .� 3. Tariff and Guide. Verizon's provision of Services to Customer will be governed by Verizon's international, interstate and state tariffs ( "Tariff(s) "), its "Service Publication and Price Guide" ( "Guide ") at www.verizonbusiness.com /guide, and this Agreement. This Agreement incorporates by reference the terms of each Tariff and the Guide. Verizon may modify the Guide from time to time, and any modification will be binding upon Customer, as provided in the Guide. If a conflict arises, the order of precedence is: (i) Tariffs to the extent applicable (ii) this Agreement (excluding the Guide and Tariffs), and (iii) the Guide. Among the provisions of the Agreement, the order of precedence is: (i) Service Attachments, and (ii) these Terms and Conditions. If Verizon makes any changes to the Guide (other than to Governmental Charges) that affect Customer in a material and adverse manner, Customer may discontinue the affected Service without liability by providing Verizon with written notice of discontinuance within 60 days of the date the change is posted on the Website, unless within 60 days of receiving customer's discontinuance notice, Verizon agrees to remove the material adverse effect on Customer. If a Service is discontinued, Customer's AVC (defined below), will be reduced, as appropriate, to accommodate the discontinuance. 4, Rates and Charaes; Governmental Charges; Taxes. Customer agrees to pay the rates and charges specified in this Agreement. "Standard" rates and charges means the Verizon Business Services III pricing plan ( "VBS III "), where applicable. Except where expressly stated otherwise, all rates and charges are subject to change and 'fixed' rates may be decreased at any time. Verizon may give Customer notice of pricing changes by posting them on the Guide, by invoice message, or by other reasonable means. All charges are exclusive of applicable Taxes, and Verizon may acid or adjust rates and charges in order to recover amounts it is required or permitted by governmental or quasi - governmental authorities to collect from or pay to others in support of statutory or regulatory programs ( "Governmental Charges "), Customer will not be eligible to receive any other additional discounts, promotions and /or credits (Tariffed or otherwise). The rates and charges set forth in this Agreement do not include (without limitation) charges for all possible non - recurring charges, access service, local exchange service, charges imposed by a third party other than Verizon, on -site installation, Governmental Charges (defined above), network application fees, customer premises equipment or extended wiring to or at a Customer premises. 5. Minimum Annual Volume Commitment. Customer agrees to pay Verizon no less than $21,000.00 (the "AVC ") in Total Service Charges (defined below) in each twelve -month period during the Initial Term ( "Contract Year "). "Total Service Charges" means all charges, after application of all discounts and credits, for the Services, excluding Taxes, Governmental Charges, equipment, Verizon ILEC, Verizon Wireless, Document Delivery Fax, non - recurring charges, goods and services acquired by Verizon as Customer's agent, international pass- through access (Type 3 /PTT) and charges for international access provided by Verizon (Type 1), charges for security services provided by Cybertrust, Inc. or its affiliates set forth in the Guide as providers of Cybertrust security services, and other charges expressly excluded by this Agreement. 6. Underutilization and Early Termination Charges. If Customer's Total Service Charges do not reach the AVC in any Contract Year during the Initial Term, Customer shall pay an "Underutilization Charge" equal to 75% of the unmet AVC. If: (a) Customer terminates this Agreement before the end of the Term for reasons other than Cause; or (b) Verizon terminates this Agreement for Cause pursuant to the Section entitled "Termination; Disconnection Notice," then Customer will pay, within thirty (30) days after such termination: (i) an amount equal to 75% of the unsatisfied AVC remaining during the year of termination, and for each subsequent Contract Year remaining in the Term, plus a pro rata portion of any and all credits received by Customer. 7. Payment. Customer will pay all Verizon charges (except Disputed amounts) within 30 days of invoice date. Customer will pay a late payment charge equal to the lesser of: (a) 1.5% per month, (b) the amount indicated in a Service Attachment, or (c) the maximum amount allowed by applicable law. If Customer's account(s) reflect a credit balance, Customer must designate, in writing, within such 30 days the account(s) and charges to which such credit balances are to be applied; Verizon may elect to apply any undesignated credit balance(s) to the account(s) with the oldest unpaid charges. For the avoidance of doubt, the foregoing credit balances will only be applied to accounts for the same Customer entity. A "Disputed" amount is one for which Customer has given Verizon written notice, adequately supported by bona fide explanation and documentation. Any invoiced amount not Disputed within 6 months of the invoice date is deemed correct and binding on Customer. Customer is liable for all fees and expenses, including attorney's fees, reasonably incurred by Verizon in attempting to collect any charges owed under this Agreement. VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 2 of 33 Printed 5116/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon .VW 8. Termination; Disconnection Notice. Either party may terminate this Agreement for Cause (excluding Verizon ILEC or Verizon Wireless Services, which are governed by the applicable Service Attachments). "Cause" means (a) Customer's failure to pay any invoice (excluding Disputed amounts) within 10 days of receiving notice that payment is overdue, or (b) for all other matters, breach by a party of a material provision of this Agreement that the breaching party has not cured within 30 days of receiving notice from the non - breaching party. Verizon may interrupt Service without notice if necessary to prevent or protect against fraud or otherwise protect Verizon's personnel, facilities or services. Customer must provide prior written notice for the disconnection of Service, as specified in the Guide. Notwithstanding such notice, Customer remains liable for any applicable early termination charges in this Agreement. 9. Protection of Customer CPNI and Provision of Customer CPNI to Authorized Customer Representatives. 9.1. Verizon will protect the confidentiality of Customer CPNI in accordance with applicable laws, rules and regulations. Verizon may access, use, and disclose Customer CPNI as permitted or required by applicable laws, rules, and regulations or this Agreement. 9.2. Provided that Customer is served by at least one dedicated Verizon representative under the Service Agreements (that can be reached by Customer by means other than calling through a call center) and as permitted or required by applicable law, Verizon may provide Customer CPNI (including, without restriction, call detail) to representatives authorized by Customer ( "Authorized Customer Representatives" as defined below) in accordance with the following. 9.3. Verizon may provide Customer CPNI to Authorized Customer Representatives via any means authorized by Verizon that is not prohibited by applicable laws, rules, or regulations, including, without restriction: to the Customer's email address(es) of record (if any) or other email addresses furnished by Authorized Customer Representatives, to the Customer's telephone number(s) of record or other telephone numbers provided by Authorized Customer Representatives, to the Customer's postal (US Mail) address(es) of record or to other postal addresses furnished by Authorized Customer Representatives, or via Verizon's on -line customer portal or other on -line communication mechanism. 9.4. Authorized Customer Representatives include Customer employees, Customer agents, or Customer contractors, other than Verizon, who have existing relationships on behalf of Customer with Verizon customer service, account, or other Verizon representatives and all other persons authorized in written notice(s) (including email) from Customer to Verizon. Authorized Customer Representatives shall remain such until Customer notifies Verizon in writing that they are no longer Authorized Customer Representatives as described below. Customer agrees, and will cause Authorized Customer Representatives, to abide by reasonable authentication and password procedures developed by Verizon in connection with disclosure of Customer CPNI to Authorized Customer Representatives. 9.5. Customer's notices of authorization or deauthorization must be sent to your service or account manager, and must contain the following information: -- the name, title, postal address, email address, and telephone number of the person authorized or deauthorized -- that the person is being authorized, or is no longer authorized, (as applicable) to access CPNI -- the full corporate name of the Customer whose CPNI (and whose affiliates' CPNI) the person can access (or can no longer access, if applicable) 9.6. During the Service Agreements, Customer will at all times have designated, below, in an attachment containing the same data elements listed below, or in a separate writing sent to the service manager or account manager, up to three representatives ( "CPNI Authorizers ") with the power to authorize Customer representatives to access CPNI under this Agreement. Additions or removals of CPNI Authorizers will be effective within a reasonable period after Verizon has received a signed writing of the change, including the affected person(s)' name, title, postal address, email address and telephone number. Name Title Tel. No. Postal Address Email Address VERIZON CONFIDENTIAL Contract ID: 686148 -02 © 2003, 2006 Verizon. All Rights Reserved. Page 3 of 33 Printed 5/16/2013 at 04:04:02 PM r Name Title Tel. No. Postal Address Email Address Contract ID: 686148 -02 wam e Title Tel. No. Postal Auur ^SS Email Address 10. DISCLAIMER OF WARRANTIES. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, VERIZON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY VERIZON SERVICES, SOFTWARE OR DOCUMENTATION. VERIZON SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. 11. Disclaimer of Certain Damages /Limitation of Liability. 11.1. Disclaimer of Certain Damages. No party to this Agreement is liable to any other for any indirect, consequential, exemplary, special, incidental or punitive damages, or for loss of use or lost business, revenue, profits, savings, or goodwill, arising in connection with this Agreement, the Services, related products, or documentation, even if the party has been advised, knew or should have known of the possibility of such damages. Nonetheless, each party is liable to the other for consequential damages resulting from its breach of confidentiality obligations under this Agreement. 11.2. Limitation of Liability. Without limiting the provisions of the Disclaimer of Certain Damages sub - section above, the total liability of either Customer or Verizon in connection with this Agreement and the Services is limited to the lesser of (i) direct damages proven by the claiming parties) or (ii) the aggregate amounts paid by Customer to Verizon under this Agreement for the six months prior to accrual of the latest cause of action for which the limitation of liability under this sub - section is being calculated (excluding amounts for equipment and the Services of Verizon ILECs, Cybertrust, and Verizon Wireless). Verizon's liability with respect to individual Services may also be limited pursuant to other terms and conditions of this Agreement. 11.3. Exclusions. The Limitation of Liability sub - section above does not limit (A) any party's liability: (i) in tort for damages proximately caused by its willful or intentional misconduct, or by its gross negligence, or (ii) where mandatory local law does not allow the limitation, (B) Customer payment obligations under this Agreement, (C) Verizon obligations to provide credits and waivers under this Agreement or (D) any party's indemnification obligations under this Agreement. The liability restrictions in this section apply whether liability is asserted in contract, warranty, tort or otherwise (including negligence, strict liability, misrepresentation, and breach of statutory duty). The liability restrictions in this section, and the disclaimer of warranties in the preceding section, apply equally to Verizon's suppliers and contractors as they do to Verizon. VERIZON CONFIDENTIAL - Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 4 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon Business Service Agreement 12. Confidential Information. Except as required by law or regulation, each party promises that during the Term and for three years after, it will use the other party's Confidential Information only for purposes of this Agreement, not disclose it to third parties except as provided below, and protect it from disclosure using the same degree of care it uses for its own Confidential Information (but no less than a reasonable degree of care). Such a party may disclose the other party's Confidential Information only to its employees, agents and subcontractors (including professional advisors and auditors), and to those of its Affiliates, who have a need to know for purposes of this Agreement, and who are bound to protect it from unauthorized use and disclosure under the terms of a written agreement at least as protective of Verizon as the related terms of this Agreement. In any case, a party is responsible for the treatment of Confidential Information by any third party to whom it discloses it under the preceding sentence. "Confidential Information" means information (in whatever form) (i) designated as confidential; (ii) relating to this Agreement or potential changes to it; (iii) relating to the party's business affairs, customers, products, developments, trade secrets, know -how or personnel; or (iv) received or discovered at any time that this Agreement is in effect, or otherwise in connection with this Agreement, by a party (including through an affiliate or other agent), which information should reasonably have been understood as Confidential Information of the Party (or one of its affiliates or subcontractors), either because of legends or other markings, the circumstances of disclosure or the nature of the information itself. Confidential Information does not include information that: (a) is in the possession of the receiving party free of any obligation of confidentiality at the time of its disclosure; (b) is or becomes publicly known other than by a breach of this provision; c is received without restriction from a non-party Tree to disclose It; or (d) is developed II Idepel ldef ltly p () p - yr.- - by the receiving party without reference to the Confidential Information. In addition, information, whether or not Confidential Information, may be disclosed by a receiving party as may be required or authorized by applicable law, rule, regulation, or lawful process provided that the receiving party, to the extent practicable and permitted by applicable law, rule, regulation, or lawful process, first notifies the disclosing party in order to permit the disclosing party to seek reasonable protective arrangements. Confidential Information (excluding CPNI that is also Confidential Information) remains the property of the disclosing Party and, upon request of the disclosing Party, must be returned or destroyed at the end of this Agreement or the applicable Contract. If there is a breach or threatened breach of this confidentiality provision, the disclosing Party will be entitled to specific performance and injunctive or other equitable relief as a non - exclusive remedy. This clause does not prevent a Party from announcing the existence of the terms of this Agreement or the applicable Contract internally (e.g., to its employees and Affiliates). Verizon shall not be deemed to have received, obtained, discovered, processed, stored, maintained, or been given access to Customer Confidential Information solely by virtue of the fact that (i) Customer receives, transmits, obtains or otherwise exchanges such information through its use of the Services (including without limitation any of Verizon's voice, data, and /or Internet services included in the Services) or (ii) Verizon's Services to Customer may involve the hosting, collocation, transport or other similar handling of such information. Customer is responsible for taking steps to protect the confidentiality and integrity of information, including without limitation Customer Confidential Information, that it receives, transmits, obtains or otherwise exchanges with third parties through its use of the Services, by using, for example, encryption or other security measures for its network transmissions. 13. Assignment. Either party may assign this Agreement or any of its rights hereunder to an affiliate or successor upon notice to the other party. A Customer affiliate or successor must meet Verizon's creditworthiness standards for the assignment to become effective. All other assignments are void. 14. Service Marks, Trademarks and Name. Neither Verizon nor Customer may: (a) use any service mark or trademark of the other party; or (b) refer to the other party in connection with any advertising, promotion, press release or publication unless it obtains the other party's prior written approval. 15. Compliance with Law; Governing Law; Dispute Resolution. Each party represents and warrants that it will comply with all federal, state, and local laws applicable to the provision or performance of the Services under this Agreement. This Agreement is governed by the laws of the State of New York without regard to its choice of law principles. Non -U.S. Services are subject to applicable local laws and regulations in any countries where those Services originate or terminate, including applicable locally filed Tariffs. Any claim or dispute ( "Dispute ") arising out of or relating to this Agreement (other than claims relating to indemnification and equitable relief) must be resolved by binding arbitration of a single arbitrator under the rules of the American Arbitration Association at a mutually agreed upon location. The arbitrator must base his or her decision upon this Agreement and applicable law, and has no authority to order consolidation or class arbitration, or award punitive damages or any other relief beyond what the Agreement provides. The arbitrator must apply applicable statutes of limitation, subject to limitation of actions terms set forth in this Agreement. The parties agree that all Disputes must be pursued on an individual basis in accordance with the procedure noted above, and waive any rights to pursue any Dispute on a class basis, even if applicable law permits class actions or class arbitrations. VER12ZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 5 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148-02 Verizon Business Service Agreement 16. Notices. All communications hereunder, including disconnection notices, must bo made tn Customer at the address below and to Verizon at notice@verizon.com, following the procedures in the Guide. To C, ttom'er With a,copy to: CITY OF BALDWIN PARK 14403 E. PACIFIC AVE BALDWIN PARK, CA 99999 17. Acceptable Use. Use of Verizon's Internet Services and related equipment and facilities must comply with the then- current waminn of the Vohzon Acceptable Use Policy ("Policy") (see vwww.vehzonbuoineoo.00nn/tenno). Vehzun reserves the right to suspend or terminate Internet Sen/imae effective upon notice for a violation of the Policy. Customer will iodemoif1v and hold ha[m}ess\6e[izonfrorn any losses, damages, 'costs or expenses resulting .from any third-party claim or allegation that if true, would constitute aviolation of the Policy. Each party will promptly notify the other uf any such claim. 18. Service Migration. Verizon is in the process of decommissioning certain services that Customer may be purchasing from Verizon, including, without limitation, one or more of the following services (the "Affected Services"): • Frame Relay ~ATM • Flexible T1 ^Vo/P/P Flexible T1 ^|PVPN VehzonwiU discontinue the commercial availability of the Affected Services at future datee, subject to applicable law. Verizon will provide Customer with written notice of such date for each Affected Service that is being purchased by Customer. In recognition of this pending service decommiaaioning. Customer agrees that, within six (G) months of the date that this Agreement is fully executed, it will: (i) place orders to fully and completely migrate from the Affected Services to rep|aoementVerizon services; or (\i) discontinue use of the Affected Services. If Customer chooses option (i) obowa. then Verizon will continue to provide Customer with the Affected Services until the doba that Customer's migration iscomplete. If Customer does not choose either option (i) or option (ii) above within such six (6) month period, then Verizon reserves the right to discontinue the Affected Services as set forth above. 19. Entire Agreement. This Agreement (including Service Attachments and Exhibits referenced herein, and other documents incorporated by reference) constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all other prior or contemporaneous napnaaentabono, understandings or agreements. Except as otherwise expressly stated herein, no amendment to this Agreement io valid until signed by Customer and accepted byVeriznn. 20. Additional Attachments: This Agreement incorporates the following Attaohment(o): Services Attachment Promotions Attachment vsn12Zomuom,msmn^ Contract ID: G86148'S2 0 2003, 2006 Verizon. All Rights Reserved. Page 6 of 33 Printed 5/16/2013 at 04:04:02 PM Verizon .• Services Attachment Network Access Services NETWORK ACCESS Contract ID: 686148 -02 Rates and Charges. Customer will pay the monthly recurring charges ( "MRC ") and one -time charges related to Verizon Business Services III ( "VBS III ") network access services as follows: 1.1. Network Services Local Access Services. Analog Local Access, DSO (Hubless) Access, T -1 (DS1) Digital Access, DS3 Local Access and SONET Access (collectively known as "Time Division Multiplexor ( "TDM ") - based access services ") are provided pursuant to the Guide provisions relating to Network Services (Local Access Services, VBS 111. SONET Access is provided on a private carriage basis. 1.2. Ethernet Services. Converged Ethernet Access and Ethernet Private Line National ( "EPL") Access (collectively known as "Ethernet Access services ") are provided pursuant to the Guide provisions relating to Ethernet Services, VBS III. Ethernet Access Services are provided on a private carriage basis. Discounts. 2.1. Customer will receive the following discount percentage off the MRC listed in the Guide for the following types of VBS III TDM -based Network Services Local Access Services. Service Ty.0 e Discount off MRC Access DSO 20.00% Access DS1 20.00% Access DS3 20.00% 3. Terms and Conditions. Customer commits to pay the applicable circuit MRC for any Network Services Local Access Service circuit of DS3 or larger for a minimum of 12 months from the circuit's original activation date (except if a longer commitment applies), which Customer must pay even if the circuit is terminated sooner (unless terminated by Customer for Cause). Data Networking Services Rates and Charges. Customer will pay the monthly recurring charges ( "MRC "), which are fixed for the Term of the Agreement and non - recurring charges ( "NRC") for Ethernet Virtual Private Line —CPA Based and Ethernet Private Line (collectively "Ethernet Services ") indicated below or in the Guide for Verizon Business Services III ( "VBS III "). 1.1. Ethernet Virtual Private Line ( "EVPL ") Converged Packet Architecture ( "CPA ") Based. For the three types of EVPL CPA Based services identified below, MRCs will begin accruing on the applicable EVPL CPA Based Service Activation Date, except that if Customer has not provided Verizon with all information reasonably requested by Verizon for the provisioning of the applicable EVPL CPA Based service, MRCs may begin accruing on the 30th day following the date that Customer places an order. 1.1.1. EVPL - Metro. 1.1.1.1. For each EVPL -Metro Ethernet Virtual Circuit ( "EVC "), Customer will pay the MRC and NRC in effect on the date the quote was provided to Customer by Verizon ( "Quote Date ") (provided that Customer places the order within 45 days after the Quote Date), as set forth in the Guide. If there is a discrepancy between a quoted rate and the rate published in the Guide for the same time period, the published Guide rate will prevail. If no quote is provided, or if Customer places its order more than 45 days after the Quote Date, the order will be priced at the rate in effect at the time of the order. 1.1.2. EVPL - National VERIZON CONFIDENTIAL Contract ID: 686148-02 0 2003, 2006 Verizon. All Rights Reserved. Page 7 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon Business Service Agreement 1.1.2.1. MRCs. For EVPL- National EVCs, Customer will pay per EVC and per mile MRCS, which are based on EVC speed (also known as "Bandwidth ") as indicated in the Guide for VBS Ill. 1.1.2.2. NRCs. Customer also will pay NRCs indicated in the Guide. 1.1.3. EVPL - International. 1.1.3.1. MRCs. For each EVPL - International EVC, Customer will pay Verizon's standard rates and charges in effect on the date the EVC is installed less any applicable discount. Standard rates are available in the Guide. The MRC for each EVC varies according to its speed and route, and is fixed for the Term. 1.1.3.2. NRCs. Customer also will pay NRCs indicated in the Guide. 1.2. Ethernet Private Line ( "EPL ") Services. For EPL services as individually identified below, MRCs will begin accruing on the applicable EPL Service Activation Date, except that if Customer has not provided Verizon with all information _reasonably requested bv Verizon for the provisioning of the applicable EPL service, MRCs may begin accruing on the 30th day following the date that Customer_ places an order. 1.2.1. EPL- Metro. Customer will pay the per circuit MRCs and NRCs in effect on the date the quote was provided to Customer by Verizon ( "Quote Date "), (provided that Customer places the order within 45 days after the Quote Date), as set forth in the Guide. If there is a discrepancy between a quoted rate and the rate published in the Guide for the same time period, the published Guide rate will prevail. If no quote is provided, or if Customer places its order more than 45 days after the Quote Date, the order will be priced at the rate in effect at the time of the order. 1.2.2. EPL - National 1.2.2.1. MRCs. For EPL- National circuits Customer will pay the per circuit and per mile MRCs, which are based on circuit speed and mileage as indicated in the Guide for VBS III, 1.2.2.2. NRCs. Customer also will pay NRCs indicated in the Guide. 1.2.3. EPL - International 1.2.3.1. MRCs. For each EPL- International circuit, Customer will pay Verizon's standard charges in effect on the date the EPL- International circuit is installed less any applicable discount. Standard charges are available and have been provided to Customer. The MRCs for each EPL- International circuit varies according to its speed, route and location. Rates are fixed for the Term. 1.2.3.2. NRCs. For each EPL- International circuit, Customer will pay Verizon's standard installation charges in effect on the date the EPL- International circuit is installed less any applicable discount. Standard installation charges are available and have been provided to Customer by your Verizon account team. The NRCs for each EPL- International circuit will vary according to its speed, route and location. Other NRCs may apply as set forth in the Guide. 1.3. Media Access Control ( "MAC ") Address Block MRCs. Customer will pay an MRC of $1,000 for each optional block of MAC addresses per Customer Domain that is in addition to the block(s) provided by Verizon, based on the number of customer sites in a given Customer Domain. An NRC for installation, set forth below, also applies. Charge Type I I I Char e MAC Block Address 1 Installation 1 $50 1.4. U.S. Domestic and International Access Required. Ethernet Access Services is required for EVPL service and is subject to the terms and conditions of the Network Services Local Access Service Attachment and the Guide terms for Ethernet Services. 2. Discounts. Customer will receive the following discount percentage off the MRCs for Ethernet Services. Service Type Discount off MRC EVPL - National 15.00% EVPL - International 17.00% 3. Terms and Conditions. VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 8 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 .� 3.1. Service Activation Date. The Service Activation Date for any Ethernet Services ordered hereunder will be the date it is available for Customer's use. 3.2. Minimum Term Commitment for EVPL and EPL. Customer commits to keep each EVPL EVC and EPL circuit in service for at least one year. 3.3. Early Termination Charge for EVPL and EPL. If Customer terminates any EVPL EVC or EPL circuit ordered under this service attachment before its 12 -month commitment has expired, except for termination for Cause, such termination shall not be effective until 30 days (or 60 days in the case of EVPL- International) after Verizon receives written notice of termination ( "Termination Date "). In addition to paying all accrued but unpaid charges for the service incurred through the Termination Date, for each terminated EVPL EVC or EPL circuit Customer may be required to pay, within 30 days (or 60 days in the case of EVPL- International) after such Termination Date: (a) an amount equal 75 percent of the MRCs for the EVPL EVC or EPL circuit remaining in the 12 -month commitment, if any; plus (b) all fees or early termination fees imposed by the access line provider, if any; plus (c) a pro rata portion of any and all credits received by Customer. However, in no event will Customer's total termination liability exceed the full contract value of the terminated EVPL EVC or EPL circuit. 3.4. End Users. Customer is solely responsible for interacting with end users regarding any administration, processes, and /or issues arising from any use of Ethernet Services by end users. 3.5. Customer Responsibilities. Customer is responsible for any and all damage to (i) Customer Terminating Equipment (CTE) not directly caused by Verizon's negligence or willful misconduct and (ii) the malfunction or failure of any equipment, facilities or systems provided by Customer. 3.6. Interstate Service for EVPL- National and EPL- National. EVPL- National and EPL- National are offered only on a jurisdictionally interstate basis. With respect to its use of EVPL- National or EPL- National service Customer agrees that more than 10% of Customer's per EVC traffic crosses state line boundaries. 3.7. Service Level Agreements. The Service Level Agreements applicable to EPL and EVPL are located in the Guide and set forth Customer's sole remedies for any claim relating to EPL and EVPL, including any failure to meet the conditions set forth in the Service Level Agreements. Internet Services INTERNET DEDICATED SERVICES 1. Rates and Charges. 1.1. Monthly Recurring Charges and Non - Recurring Charges. 1.1.1. Customer will pay the monthly recurring charges ( "MRC "), which are fixed for the Term of this Agreement, and the non - recurring charges ( "NRC "), for Internet Dedicated Services in the contiguous U.S. (includes Internet Dedicated NxT1 Service, Internet Dedicated T1 Service, Internet Dedicated T3 Service, Internet Dedicated OC3 Service, Internet Dedicated OC12 Service, Internet Dedicated OC48 Service, Internet Dedicated OC192 Service, Internet Dedicated GigE Port Only Service, Internet Dedicated Ethernet Service and Internet Dedicated Fast Ethernet Port Only Service), in Alaska (includes Internet Dedicated NxT1 Service, Internet Dedicated T1 Service, Internet Dedicated T3 Service, Internet Dedicated OC3 Service, Internet Dedicated OC12 Service and Internet Dedicated OC48 Service) ( "Internet Dedicated Service ") and attendant options listed, as applicable, in the Guide for Verizon Business Services III. Additional charges are also set forth in the Guide for Verizon Business Services III. 1.1.2. Installation may be scheduled between the hours of 8AM and 7PM ET Monday through Friday (excluding holidays). If Customer requires installation outside of these hours, Verizon will charge an additional $500 fee. 2. Discounts. Customer will receive the following discounts off the MRC set forth in the Guide for VBS III, except as otherwise specified: Service Type Discount off MRC Internet Dedicated T1 42.00% Internet Dedicated NxT1 MLFR 42.00% VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Venzon. All Rights Reserved, Page 9 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon Business Service Agreement Internet Dedicated T3 42.00% Internet Dedicated OC3 42.00% Internet Dedicated OC12 42.00% Internet Dedicated OC48 42.00% Internet Dedicated GigE Port Only 42.00% Internet Dedicated Ethernet 42.00% Internet Dedicated Fast Ethernet 42.00% 3. Terms and Conditions. 3.1. Access. Access to a router at a Verizon Network hub near Customer's site may be interrupted for (i) scheduled maintenance (usually scheduled during u -hours at a Verizon hub, such as Tuesdays and Thursdays between 3:00 AM and 6:00 AM local time), (ii) emergency maintenance, or (iii) as otherwise set forth in the Agreement. 3.2. Verizon Internet Dedicated GigE Port Only Services. Verizon's Internet Dedicated GigE Port Only Service, and 10 GigE Port Only Service are intra- building connectivity products, and thus the 'Customer's er's deg i arcatior: point must reside within the same building as a GigE - qualified Verizon -owned network hub. To ensure proper installation, Verizon will order all telco lines within the telco facility where the Verizon hub is located. 3.3. Customer Obligations — Service Not To Be Resold. While Customer can resell Internet connectivity, Customer cannot resell the Internet Dedicated Service in its entirety to another person or entity without the express prior written consent of Verizon. If Customer resells Internet connectivity to end users, Customer is responsible for: (i) providing the first point of contact for end user support inquiries; (ii) providing software fulfillment to end users; (iii) running its own primary and secondary domain name service DNS for end users; (iv) registering end users' domain names; (v) using BGP routing to the Verizon Network, if requested by Verizon; (vi) collecting route additions and changes, and providing them to Verizon; and (vii) registering with the appropriate agency all IP addresses provided by Verizon to Customer that are allocated to end users. 3.4. Burstable Downgrade. Customer may downgrade to a lower Burstable Service level if Customer's Measured Use Level is at or below such Burstable Service level for at least two consecutive months and Customer thereafter requests the downgrade in writing. 3.5. Burstable Select Upgrades /Downgrades. Customer may change (upgrade or downgrade) its Burstable Select Service Level once within a given calendar month, by requesting the same in writing. The new Service Level and applicable charges will take effect on the first day after the end of the billing cycle during which the written request is received. 3.6. Term. The "Service Activation Date" for an Internet Dedicated Service ordered hereunder will be the date the Internet Dedicated Service is available to route IP packets at Customer's site. The term of any Internet Dedicated Service ordered hereunder shall commence upon the Service Activation Date and will automatically renew, expire and terminate according to the terms of the Agreement. Customer Premises Equipment Rates and Charges. Customer will pay all charges for the System and CPE Services as set forth on the applicable quote or SOW, subject to additions and deductions made by written Change Order(s). System and CPE Services rates and charges do not contribute to the annual volume commitment ( "AVC ") of the Agreement or any other minimum purchase requirement. Terms not defined herein are defined pursuant to the Agreement. 1.1. Service Provider. The products and services under this Voice and Data Equipment and Related Services Attachment (the "CPE Service and System Terms ") and any related Statements of Work ("SOW") are provided by the entities indicated in the applicable quote (referred to herein, individually and collectively, as "Verizon ") except as otherwise explicitly noted. VERIZON CONFIDENTIAL Contract ID: 686148-02 0 2003, 2006 Verizon, All Rights Reserved. Page 10 of 33 Printed 5/16/2013 at 04:04:02 PM 91 Contract ID: 686148 -02 Verizon .v on 1.2. Quoted Charges. Customer will pay the charges stated on Verizon's documentation of an order for a System or CPE Services provided that the charges are current. Unless otherwise specified in a schedule to these CPE Services and System Terms, "current" means the charges were first quoted within 45 days of the order's submission. 1.3. Customers ordering Maintenance Service for Systems not currently under Maintenance Service may be subject to re- initiation fees. Service Description and Requirements. 2.1. CPE and CPE Services. Customer may place an order for the purchase of customer premises equipment, including without limitation, cables, handsets and other related materials ( "CPE ") and software (individually and collectively the "System ") pursuant to the terms hereof. Where available, Customer may also order CPE Deployment Services, maintenance, CPE Related Assessment Services, rental of a System from Verizon, or lease or finance of a System or CPE Services, each as further defined below, and other services pursuant to a Schedule (individually and collectively, "CPE Services "). CPE Services may be detailed in a SOW or a specific CPE schedule ( "Schedule "). Terms for System components or CPE Services are further supplemented by service descriptions, end user license agreements and terms set forth by the respective equipment manufacturer or third party supplier, as applicable (collectively and individually referred to as "Third Party Terms ") generally available on its respective websites or set forth herein. Any such SOW, Schedule and applicable Third Party Terms shall become incorporated as part of the Agreement. These CPE Services and System Terms supersede and replace any previous terms and conditions for CPE Services covered by a service attachment and such CPE Services will continue under the terms and conditions provided for CPE Services contained herein. 2.2. Customer Responsibilities. As applicable for System or CPE Services orders Customer will: 2.2.1. Notify Verizon of any site - specific requirements that might impact Verizon's ability to access such site, e.g. safety or security training ( "Training "). Verizon will comply with such Training requirements however Verizon reserves the right to bill Customer for the time required for Training at Verizon's then current labor rate. Customer will provide necessary badges, escorts, etc, required for site access per Customer's security and safety policies. 22.2. Provide suitable building facilities for the System including but not limited to ducting, conduit, structural borings, etc. for cable and conductors in floors, ceilings and walls; electrical service with suitable terminals and power surge protection devices; and metallic grounds with sufficient slack in the equipment room, installed in conformity with applicable electrical codes. 2.2.3. Provide a suitable environment in which the System can operate including but not limited to necessary power conditioning, heating, cooling, humidity and dust control, and accessibility for the System as required by manufacturer specifications. 2.2.4. Remove existing equipment or cables that interfere with the provision of CPE Services. 2.2.5. Identify and disclose to Verizon concealed equipment, wiring or conditions that might be affected by or might affect the CPE Services. If during the provision of CPE Services, Verizon encounters any concealed or unknown condition not expressly set forth in an SOW, and such condition affects the charges or schedule for performance of CPE Services, the charges and /or the schedule will be equitably adjusted using the Change Order procedure. 2.2.6. Customer will provide System interconnection requirements, including obtaining telephone service for testing where necessary or authorize Verizon, at Customer's expense, to make service requests upon third parties for such System interconnection requirements, pursuant to a letter of authorization or similar document. 2.2.7. Designate waste deposit points on each floor on which the System is to be installed where Verizon will place waste for removal by Customer. 228. Cooperate with Verizon's requests for assistance. 2.2.9. Be responsible for providing adequate back -up of data and software and for restoring data and software to a System that is or may be impacted by a CPE Service, including but not limited to drivers, applications, and operating systems as required prior to Verizon provision of the CPE Service. 2.2.10. Be solely responsible for selection, implementation and maintenance of security features for defense against unauthorized long distance calling, and for payment of long distance, toll and other telecommunications charges incurred through use of the System. VERIZON CONFIDENTIAL Contract ID: 686148 -02 © 2003, 2006 Verizon. All Rights Reserved. Page 11 of 33 Printed 5/1612013 at 04:04:02 PM Contract ID: 686148 -02 2.2.11. Be responsible for the accuracy and completeness of all information it provides. If information is incomplete or incorrect, or if information is discovered during the course of the performance of CPE Services that could not be reasonably anticipated by Verizon, any additional work required will be treated as a change to the scope of the System or CPE Services and will require a Change Order. 2.2.12. Designate a single point of contact ( "SPOC ") who will be responsible and authorized to (i) make all decisions and give all approvals which Verizon may need from Customer, and (ii) provide Verizon's personnel on a timely basis with all information, data, access and support reasonably required for its performance under these CPE Services and System Terms or the applicable SOW, including but not limited to making available appropriate personnel to work with Verizon as Verizon may reasonably request. 2.2.13. Provide, at no charge to Verizon, office space and equipment, including but not limited to copy machines, fax machines and modems, high speed Internet access and adequate secure area for storanc of related eni iinment 2.2.14. Comply with all obligations set forth in any applicable Third Party Terms. 2.2.15. Not decompile, disassemble or reverse engineer any software obtained pursuant to this attachment. 2.2.16. Immediately notify Verizon of any anticipated delay in building availability or inability to meet any of the above listed requirements. Verizon shall be entitled to invoice additional charges at its then current time and material rates (available on request) for any time where it is unable to provide a CPE Service due to any Customer related delay. 2.3. CPE Deployment Services. Where available, Verizon can provide up to five levels of CPE Deployment Services; "Basic Staging ", "Enhanced Staging ", "Installation ", "Integration ", and "Custom" each as further described in this section (collectively, "CPE Deployment Services "). Verizon will provide CPE Deployment Services in accordance with any applicable quote, these CPE Services and System Terms, the Guide, and any applicable, SOWs. Verizon will furnish all supervision, labor, equipment, materials and supplies required to complete CPE Deployment Services. 2.3.1. Basic Staging. Verizon will stage and then ship a System to Customer designated locations as shown in the applicable quote. Verizon will work remotely with the SPOC to coordinate Staging and delivery of the System and activation of Verizon maintenance, if applicable. Staging occurs within a Verizon- designated facility in cooperation with Customer. Verizon will, as applicable, unpack and verify CPE with package documentation, record serial numbers, load operating system and incremental operating system changes, apply Customer - provided asset tags, power -up test, repackage, and ship. 2.3.2. Enhanced Staging. In addition to Basic Staging services, Verizon will configure the System with Customer provided configurations. 2.3.3. Installation. In addition to Enhanced Staging services, Verizon will deliver the System to the Customer designated locations as shown in the applicable quote and install the System on Customer- provided racks or other facilities. Verizon will verify System power -up and operation of network interfaces. No demarc extension is provided with Installation. Remote activation of the System and transport connectivity will be provided with Verizon transport services only or in certain locations where Verizon has specifically pre- approved remote activation. Local area network configuration or activation is not included with Installation. 2.3.4. Integration. In addition to Installation services, Integration provides the services defined herein and detailed in the project description within the applicable quote. All System configurations are engineered by Verizon and may include configurations provided by the Customer. Verizon defines a full network configuration for each device. After installation is complete, Verizon validates access connectivity (if applicable), wide area network link connectivity (if applicable) and local area network connectivity (if applicable). 2.3.5. Custom. Custom Services are provided pursuant to an SOW for System implementations beyond or different than provided by Staging, Installation, or Integration. 2.3.6. CPE Deployment Service Provisions. 2.3.6.1. CPE Deployment Services are generally available within the 48 contiguous United States. Orders for CPE Deployment Services in Alaska and Hawaii must be specifically pre - approved by Verizon. VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 12 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon 2.3.6.2. CPE Deployment Services are performed between the hours of 8:00 a.m. and 5:00 p.m. local time, during a business day, excluding Verizon observed and local holidays ( "Office Hours "). Work extending beyond Office Hours and work on the first day of a weekend (according to local custom) is considered "Overtime" work. All other periods of work is "Weekend and Holiday Hours" work. If Customer requests that CPE Deployment Services be performed during Overtime or Weekend and Holiday Hours, Customer will pay Verizon its then current time and material labor rate. Unless Customer otherwise requests in writing Verizon will, at Customer's expense, apply for permits necessary for CPE Deployment Services. Verizon will provide Customer written notice indicating the date CPE Deployment Services are complete (the "In- Service Date "). Should Customer request delay of CPE Deployment Services, or should CPE Deployment Services be delayed as a result of Customer's action or inaction, Verizon may store the System, or any portion thereof, at Customer's risk and expense. Wait time in excess of 30 minutes at Customer's site may result in an additional charge at Verizon's current time and material rate. 2.3.6.3. Verizon will attempt to meet Customer's requested In- Service Dates, however Verizon can not guarantee any In- Service Date. In- Service Dates are subject to the availability of materials and resources. 2.33.6.4. Verizon will use reasonable efforts to avoid interruption of Customer's network service during Office Hours. If it is necessary to interrupt network service during Office Hours, Verizon will notify the SPOC at least 48 hours in advance. 13.6.5. Customer will have five business days after the In- Service Date to test the System (the "Test Period "). Customer may indicate its approval of the System by its signature on the Verizon- provided acceptance document or other mutually agreed upon means. Customer will document any issues with the System in writing to Verizon and provide those issues to Verizon within the Test Period. Upon receipt of the issues list, Verizon will have ten business days to respond and remediate any issues, as required. Customer's use of the System for any other purpose than testing will be deemed to constitute acceptance by Customer. The System will be deemed accepted if the Test Period passes with out notification of issue or acceptance by Customer. 2.3.7. Customer Responsibilities. As applicable, Customer is responsible to: 2.3.7.1. Provide configuration(s), and asset tags as required; 2.3.7.2. Provide at least one analog (voice) telephone line no more than 15 feet (five meters) from the System; 2.3.7.3. Provide licensed copies of operating system and applications software, as applicable; 2.3.7.4. Install or re- install software not provided by Verizon; 2.3.7.5. Control all activities associated with the existing customer equipment, including without limitation changes, additions or deletions of devices made by any non - Verizon provided technicians. 2.3.7.6. Ensure equipment room meets the environmental recommendations, power and ground requirements of the equipment manufacturer(s) as provided by Verizon from time to time; 2.3.7.7. Ensure appropriate electrical power service is installed and accessible no more than three feet (one meter) from the devices or six feet (two meters) for racks to be installed; 2.3.7.8. Ensure a minimum of one receptacle with appropriate power ratings per device to be installed; (note: dual power supplies will require two such receptacles, separately fused). Additional specialized electrical circuits may be required based on manufacturer(s) equipment specifications. Installation of these circuits may require a licensed electrician to be engaged and paid for by the Customer; 2.3.7.9_ Ensure that any and all carrier circuit facilities (demares) have been extended so that its termination is within six feet (two meters) of the designated equipment installation area; 2.3.7.10. Provide sufficient rack space or other appropriate installation location for the System; 2.3.7.11. Ensure that any and all main or intermediate distribution frames ( "MDF /IDF") are of sufficient size to accommodate System being installed; 2.3.7.12. Ensure conformance with any applicable codes, regulations, and laws, including but not limited to electrical, building, safety, and health; 2.3.7.13. Verify that non - Verizon transport is installed and available; and 2.3.7.14. Dispose of all decommissioned equipment. VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 13 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon Business Service Agreement 2.4. CPE Solutions Financing Program Options. Customer may obtain, including by lease or finance, a System or CPE Service from Verizon or from a third party approved by Verizon, pursuant to a Schedule or other relevant terms provided by such third party. Additionally, Customer may rent a System from Verizon pursuant to the terms below. Verizon may assign its rights and obligations, including with respect to payment, under these CPE Services and System Terms and related Schedule to a third party, and /or cause such third party to issue a purchase order in a form acceptable to Verizon. Notwithstanding such transaction and /or assignment, Customer will remain responsible for performance of all of its obligations under these CPE Services and System Terms, including payment in full. 2.5. Rental Service. Rental service under these CPE Service and System Terms is available only in the contiguous United States and District of Columbia ( "U.S. Mainland ") for certain specified Systems as defined by Verizon from time to time and will have month to month terms "Rental Service (Monthly)" or longer terms "Rental Service (Term)" (collectively, "Rental Service "). Rental Service includes Verizon Data Maintenance — KJAhmnrk (`Itctnmarc ordering Rental Service also Must mitzi- A CPE Depinyment Se!�l��e for the initial ....- - - deployment of the System to be rented. 2.5.1. Rental Service (Monthly). "Rental Service (Monthly)" means Customer will rent and Verizon will provide Customer with the use of a System in the U.S. Mainland for the Service Term (Rental Service Monthly). 2.5.1.1. Service Term (Rental Service Monthly). Either party may terminate the Service Term (Rental Service Monthly) for a System, with or without cause, effective 30 days after written notice of termination is given to the other party. Customer and Verizon may agree to terminate the provision of Rental Service (Monthly) sooner but Customer is responsible for all Rental Service (Monthly) charges until the 30 -day notice period has expired. 2.5.2. Rental Service (Term). "Rental Service (Term)" means Customer will rent and Verizon will provide Customer with the use of a System in the U.S. Mainland for the Service Term (Rental Service Term). 2.5.2.1. Service Term (Rental Service Term). The Service Term (Rental Service Term) for any System begins on the date that Verizon starts billing for it and continues for the duration of the Service Term commitment selected by the Customer for that System, and thereafter automatically renews each month, until terminated by either party as provided below, or until the end of the Term of the Agreement, whichever occurs first. After the expiration of the Service Term commitment selected by the Customer for a System, either party may terminate the Service Term (Rental Service Term) for that System, with or without cause, effective 30 days after written notice of termination is given to the other party. Customer and Verizon may agree to terminate the provision of Rental Term (Rental Service Term) sooner but Customer is responsible for all Rental Term (Rental Service Term) charges until the 30 -day notice period has expired. 2.5.3. Equipment. Except where explicitly stated otherwise, equipment may not be new but will be in good working order and will meet the specifications in the Order. Verizon may suspend normal operations of the System to inspect, test and /or repair it. Verizon will use reasonable efforts to perform such inspection, testing and repair without undue delay or undue impact to Customer's business. 2.6. Maintenance Service. Verizon will provide voice maintenance ( "VM Service "), data maintenance ( "DM Service "), or software maintenance ( "Software Service ", collectively, "Maintenance Service ") in accordance with these CPE Services and System Terms and the service descriptions found on the Guide. 2.6.1. Maintenance Service Provisions. VERIZON CONFIDENTIAL Contract ID: 686148-02 0 2003, 2006 Verizon. All Rights Reserved. Page 14 of 33 Printed 5/16/2013 at 04:04:02 PM 2.6.2. Contract ID: 686148 -02 Verizon • ,• 2.6.1.1. If, i) Verizon did not install the equipment or software intended to be covered by Maintenance Service, ii) the equipment or software is out of warranty or out of third party maintenance coverage, or iii) Verizon has not provided Maintenance Service on the equipment or software for more than 60 days, then the equipment or software must be accepted by Verizon prior to being eligible for Maintenance Service. Customer warrants that such equipment or software is in good working order and meets all applicable manufacturer specifications. Verizon may recommend corrections or improvements to operating environments or configuration to be performed at Customer's cost and expense. Failure to comply with Verizon's recommended corrections or improvements may cause Verizon to reject the specific part or equipment or software and remove it from the Maintenance Service. If the equipment or software is found not to be in good working order and /or not in compliance with all applicable manufacturer specifications, Verizon will be under no obligation to provide Maintenance Service; provided however, Customer may, upon written notice, request Verizon to upgrade and /or repair such equipment or software at Verizon's then current time and material rate. 2.6.1.2. In the event the manufacturer of the System covered by Maintenance Service, discontinues the System, a component of the System, and /or the associated support of such System, Verizon will only be obligated to provide the Maintenance Services on the affected System for the period of time that the manufacturer continues to support such System. At the end of such period Verizon will cease to support such System in accordance with the service description, but will use commercially reasonable efforts to provide Maintenance Service on the affected System until Customer upgrades or replaces such System. In such case, Verizon reserves the right to impose additional charges Customer for Maintenance Service (e.g. for manufacturer imposed charges or additional level of effort). 2.6.1.3. Maintenance Services that include repair or replacement of System components will be provided with new or like new parts, as applicable, to restore the System to the level of working condition existing prior to the fault or problem provided, however that, unless the Customer provides the most current configuration, the software will be configured to the level that was last implemented by Verizon. 2.6.1.4. If Verizon determines that the trouble identified is a Customer network condition instead of the System covered under Maintenance Service, Verizon will charge its then prevailing labor rate to coordinate the resolution of the trouble. 2.6.1.5. Maintenance Service is available for Systems located within a specified service area related to a Verizon facility or an authorized Verizon service provider's facility. Verizon reserves the right to charge Customer its then prevailing labor rate for travel to Customer locations that outside of the specified service area. Customer Responsibilities. 2.6.2.1. Remote connectivity for diagnostic purposes is a prerequisite for all applicable Systems covered by a Maintenance Service. Customer must provide connectivity, as specified and approved by Verizon, to the maintained System or Maintenance Service response times will be void. Customer further agrees that if Customer does not provide remote connectivity into the applicable System the following applies: 2.6.2.1.1. If Verizon is required to dispatch an engineer to Customer's site to troubleshoot an outage, Customer may incur a time and material charge at Verizon's then current rate. 2.6.2.1.2.Any remote diagnosis service level will be void. 2.6.2.2. Customer will notify Verizon in writing in the event that any substantial or material modifications are made to Customer's network, and shall provide Verizon with such information as it may reasonably request, in order for Verizon to perform the Maintenance Service. In the event such modifications to Customer's network or any of its component parts, causes Verizon to incur any increased burden in its performance of the Maintenance Service, Customer acknowledges and agrees that Verizon may increase the fees, at any time during the term, upon prior written notice to Customer. VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 15 of 33 Printed 5/16/2013 at 04:04:02 PM 2.6.3. 2.6.4 f'f�- 1 Contract ID: 686148 -02 Terizon Business 2.6.2.3. In the event Verizon or the manufacturer ships a replacement part to Customer, Customer is responsible for returning the defective part, in accordance with the instructions contained in the replacement part packaging, to Verizon within 15 business days of receipt of the replacement part. If Verizon does not receive the defective part within 15 business days, Customer may be billed for the list price of the replacement part. 2.6.2.4. Customer must maintain back -up copies of the original software, current platform configurations, and operating system. Such back -up copies must be available to Verizon when requested to aid in troubleshooting and /or problem resolution. 2.6.2.5. Customer must not move, modify, relocate or in any way interfere with the System (or any words or labels on the System) and not cause the System to be repaired or serviced except by an authorized representative of Verizon or its subcontractors. Exclusions. Maintenance Service does not include: 2,6,3.1, Additinn.s, c.hangeG ralnrations, remnvalc nperating ctippliec nr anrPSSnriPC. 2.6.3.2. Services necessitated by accident, casualty, neglect, misuse, intentional acts or any cause other than normal use of the System. 2.6.3.3. Repairs or replacements necessitated by lightning, radio frequency interference, power disturbances, fire, flood, earthquake, excessive moisture, Harmful Code or any event occurring external to the System that directly or indirectly causes a malfunction in the System, a private network to which the System is connected, or in telephone lines, cable or other equipment connecting the System to the public telephone network or to other Customer equipment. Harmful Code means any virus or machine - readable instructions and data designed to intentionally disrupt the operation of the System or intentionally destroy or damage System or data contained therein. 2.6.3.4. Services necessitated by use of the System with any other device or system not supplied or approved as to such combined use by Verizon, or use of any part of the System in a manner not specified by Verizon. 2.6.3.5. Repair or maintenance or increase in normal service time resulting from Customer's failure to provide a suitable environment for the System or any other failure of Customer to perform its responsibilities. 2.6.3.6. Loss or recovery of Customer data. 2.6.3.7. Upgrades, enhancements or new releases of software or firmware, and configurations, except as specifically indicated in the Agreement, these CPE Services and System Terms and any service description. 2.6.3.8. Operator, system administrator and end user training except as specifically identified. 2.6.3.9. Repair or replacement of Customer -owned outside plant cable unless specifically set forth in the Agreement or the applicable SOW. 2.6.3.10. Services resulting from Customer installation, configuration or other Customer changes to software. 2.6.3.11. Application development, scripting, software backups, software customization, application evaluation or troubleshooting, and engineering services. Voice Maintenance Service Provisions. VM Service is provided pursuant to the service descriptions found on the Guide for the various VM Service offerings. 2.6.4.1. VM Service, for Systems sold and installed by Verizon with a warranty, begins at the end of the warranty period. VM Service, for Systems sold and installed by Verizon without a warranty, begins on the date the System becomes operational. VM Service for equipment or software not sold or installed by Verizon begins upon activation of the VM Service. VM Service shall remain in effect for the period set forth in the quote ( "VM Service Period "). 2.6.4.2. VM Service includes maintenance for additions to the System, which are purchased from and installed by Verizon during the term of the agreement. The warranty, if any, for such addition(s) shall run until the first VM Service renewal date, so that the warranty period for the addition(s) will be coterminous with the VM Service. Data Maintenance Service Provisions. DM Service is provided pursuant to the service descriptions found on the Guide for the various DM Service offerings. 2.6.5.1. Term and Termination. VERIZON CONFIDENTIAL Contract ID: 686148 -02 © 2003, 2006 Verizon. All Rights Reserved. Page 16 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon 2.6.5.1.1.DM Services will become effective 30 days after Verizon accepts Customer's Order and shall remain in effect for the period set forth in the quote ( "DM Service Period "). After the DM Service Period, Verizon or Customer may terminate the DM Service upon not less than 60 days prior written notice and the DM Service will be provided at Verizon's then current undiscounted rate, unless terminated in accordance with this Attachment. 2.6.5.1.2. During the first 12 months of the DM Services, Customer may terminate the DM Service (in whole or in part) only for default as defined in this Attachment. After the initial 12 months, Customer may terminate the DM Service (in whole or in part) upon not less than 60 days prior written notice to Verizon. If Customer has pre -paid the DM Service and terminates the DM Service (in whole or in part) prior to the end of the applicable term, Customer will be reimbursed for the unused portion of the terminated DM Service, less any discount received unless a relevant Third Party Terms do not allow for such reimbursement. 2.6.5.2. General DM Service Terms. 2.6.5.2.1. For 4 -hour delivery of replacement parts, the determination to order these parts must be made by Verizon. For next day parts delivery, the determination to order parts must be made by 4:00 PM Eastern Time. 2.6.5.3. Maintenance Takeover Service. "Maintenance Takeover Service" means Verizon will provide Verizon Data Maintenance - Network for CPE supplied by Customer (rather than ordered from Verizon) and identified in an Order accepted by Verizon ( "Customer- supplied CPE "). Verizon approval of Customer - supplied CPE is required before ordering. For purposes of Maintenance Takeover Service, Customer - supplied CPE will be treated as a System. 2.6.6. Software Service. Software Service is provided pursuant to the service description found on the Guide. 2.6.6.1. Exclusions. Software Service does not cover the following: 2.6.6.1.1. Hardware upgrades required to support new application and /or operational software is excluded from the Software Service. 2.6.6.1.2. Remote or on -site installation of major and minor releases is excluded from the Software Service. 2.6.6.1.3. Optional features within a major or minor release that were not previously licensed to Customer are excluded from Software Service. 2.6.6.1.4. Migrating the software to a new or different hardware platform is excluded from Software Service. 2.6.6.2. Conditions. Software Service does not apply unless all of the following conditions are met: 2.6.6.2.1. Customer's System must be at release level as identified and supported by the manufacturer to be eligible for Software Service. If the System is not at the appropriate release level, Verizon will charge it's then current time and material labor rate, as well as the cost for any software and /or hardware that may be required to bring the System to a release level eligible for Software Service. All licenses for a single application on a single device within a System must have the same level of coverage. 2.6.6.2.2. Customer must have a current Verizon maintenance plan on all hardware associated with the manufacturer's operational and /or application software products covered under a Software Service plan, and the hardware platform must be an approved manufacturer product. 2.6.6.3. Software Service will not apply if either of the following occur: 2.6.6.3.1. New software releases loaded without prior written approval from Verizon will void the Software Service. 2.6.6.3.2.Non- manufacturer proprietary operating systems or other software applications used in conjunction with the covered software or co- resident with the covered software on the hardware platform on which the covered software resides will void the Software Service. 2.6.6.4. Customer Responsibilities. VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 17 of 33 Printed 5/1612013 at 04:04:02 PM 3 Contract ID: 686148 -02 2.6.6.4.1. Customer is responsible for contacting Verizon to request a major or minor software release based on manufacturer's Technical Bulletin or notification from Customer's Verizon account team. 2.6.6.4.2. Customer is responsible for maintaining non - covered software and hardware products. 2.6.6.4.3. Customer may not copy application and /or operational software or any associated documentation. 2.7. CPE Related Assessment Services. Verizon will provide on site assessment services in accordance with the Guide and one or more SOWS, which are incorporated herein by reference (hereinafter "CPE Related Assessment Services "). Terms and Conditions. 3.1. Orders /Changes In /Additions to System. 3.1.1. Orders_ Customer may order CPE Services or a System or make a rhange to an order for (PF Services or a System as specified below. For purposes of this section, writings include email and other electronic forms. 3.1.2. Signed orders: Customers may order CPE Services or a System through a signed writing. Verizon may accept electronic writings and electronic signatures at its discretion. 3.1.3. Unsigned orders: In addition to the above, for Orders (as defined below) placed to Verizon, Customer may order CPE Services or a System, or make a change to an order for CPE Services or a System orally or by an unsigned writing (collectively, inclusive of signed orders, an "Order "), if the Order is confirmed. Customer is bound by Verizon documentation of an Order that has been confirmed the same as it would be to an Order the Customer has signed. An Order or Change Order (defined below) is deemed confirmed if (a) Verizon sends to Customer written documentation of each specific item of the CPE Service or a System ordered, its current price, and the Customer location, and (b) Customer does not promptly notify Verizon that the documentation is not correct. A Customer purchase order or similar document is evidence only of Customer's intention to purchase CPE Services or a System. Except for provisions evidencing an intent to be bound by the terms and conditions of an agreement between Customer and Verizon, the terms and conditions of a Customer purchase order or similar document will be disregarded and have no force or effect; instead, the terms and conditions of the Agreement and these CPE Services and System Terms between Customer and Verizon will govern. 3.1.4. Change Orders. In addition to the Section entitled "Orders" above: 3.1.4.1. Verizon will comply, to the extent it deems feasible and reasonable, with any proposed changes in the System or CPE Services under these CPE Services and System Terms or any applicable SOW ( "Change Orders "). No Change Order will become effective, and no changes in the System or CPE Services will be initiated, until the Change Order is accepted by Verizon. Change Orders are accepted by the same process as Orders are agreed to and executed by Customer and Verizon. 3.1.4.2. If changes result in an increase or decrease in charges or time needed for performance, such adjustments will be reflected in a written Change Order. 3.2. Risk of Loss. Risk of loss or damage to a System passes to Customer upon the earlier of i) delivery of the System to the Customer Site (including portions thereof), and ii) when Customer takes shipping responsibility. 3.3. Title and Security Interest. Verizon will retain title to the applicable System elements until full payment for the same has been rendered. Until such time, Customer grants Verizon a purchase money security interest in the System, or similar or equivalent interest pursuant to local law, and agrees that Verizon may file all documents necessary to perfect that interest. At Verizon's request, the Customer will provide all assistance required for the enforceability of retention of title. Upon final payment, title will pass to Customer and Verizon will release its security or other interest. Customer will not grant or convey to any other person or entity a security interest in, or permit placement of a lien on, the System unless and until Customer has paid Verizon in full for such System. As between Verizon (including its suppliers) and Customer, Verizon (or its ultimate suppliers or licensors, as applicable) retains all right, title and interest in and to all software provided by Verizon. 3.4. Termination. VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 18 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon Business Service Agreement 3.4.1. Either party may terminate an Order or a SOW for convenience, in whole or in part, upon 30 days prior written notice to the other party, provided, however that Orders may not be terminated after shipment by a third party supplier or Verizon, as applicable, unless otherwise provided herein. If a SOW or Order is terminated by Customer pursuant to this Section Verizon has no further responsibility under the SOW or Order and Customer will promptly pay Verizon: (i) for all System elements and CPE Services provided up to the date of termination or cancellation, as applicable; (ii) for all expenses incurred up to the date of termination or cancellation, as applicable, including but not limited to the costs of terminating purchase orders, return of System elements, if permitted by Verizon, removal of System elements and other contractual obligations made by Verizon to meet its obligations under these CPE Services and System Terms or SOW, and (iii) a restocking fee of 25% of the price for unopened items or a 35% restocking fee for opened items, as shown on the applicable quote, for any System elements cancelled or returned provided such cancel or return is permitted by the manufacturer of the System element, and as authorized by Verizon. Where multiple SOWs or Orders are associated with these CPE Services and System Terms, the termination of one or fewer than all of the SOWs or Orders will only affect the terminated SOWS or Orders, and any additional SOWs will remain in effect. 3.4.2. If either party fails to perform material terms of these CPE Services and System Terms and (i) such failure is not cured within 30 calendar days following receipt of a default notice in writing from the other party; or (ii) if such failure cannot reasonably be cured within such 30 calendar days, and the defaulting party fails to uses commercially reasonable efforts to cure such breach as soon as practicable, but in any event within 90 calendar days following written notice, then the non - defaulting party may suspend its performance of and /or terminate the affected Order to which the default pertains. Upon termination of such Order, Customer is liable for any unpaid charges for the terminated CPE Service incurred up to the time of termination of such CPE Service and for any System element provided up to the time of such termination. These CPE Services and System Terms will not be terminated, and will continue in effect, with respect to all other CPE Services and Systems that are not the subject of such default. Termination of any CPE Service or System will be in addition to and not in substitution of any other rights and remedies available to the non - defaulting party under these CPE Services and System Terms, applicable law, or otherwise. 3.4.3. Rental Service Termination. Customer shall return all terminated Rental Service (Monthly and Term) Equipment to Verizon in good condition and repair, reasonable and proper depreciation excepted (or otherwise dispose of the Equipment as Verizon directs), to the following address, at Customer's expense, within five business days after the expiration or termination of the CPE Terms (with respect to the particular item(s) of the System for which service is terminated), or the actual termination of service under these terms if Customer and Verizon have agreed to it occurring before the 30 -day notice period has expired, whichever is sooner. Texas Moving Company 908 North Bowser Road Richardson, TX 75081 -2869 ATTN: PICS / VzB FIELD RETURNS (if applicable, include the Decom ER or disconnect order) 3.4.3.1. Upon termination prior to the end of a Service Term (Rental Service Term) commitment selected by a Customer with respect to the System, Customer will pay (i) an amount equal to the monthly recurring charges for the terminated service for each month remaining in the Service Term (Rental Service Term) commitment selected by the Customer with respect to that System, and (ii) any and all credits received by Customer with respect to that System, in full, without setoff or deduction. The parties acknowledge that these payments are not a penalty but reasonably reflect Customer's agreement to take or pay for the services and Verizon's reliance on that commitment in purchasing and pricing the System, among other factors. These payments are in addition to any other remedies available to Verizon. VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 19 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Ar 3.5. Confidentiality. Notwithstanding any contrary term in the Agreement and consistent with applicable law, Verizon may disclose the terms of these CPE Services and System Terms, in whole or in part, to: (a) Verizon Affiliates; (b) Verizon or Verizon Affiliate suppliers and /or subcontractors that offer (including new offers or renewal offers), provide, repair, maintain, bill, collect, or perform other functions in connection with Verizon or Verizon Affiliate products or services under or in connection with these CPE Services and System Terms; (c) successors in interest to Verizon or Verizon Affiliates (by merger or otherwise); and /or (d) persons to whom Verizon or Verizon Affiliates may sell all or part of its respective businesses or assets. 3.6. Warranty. Verizon warrants it will perform the CPE Services provided by Verizon under these CPE Services and System Terms in a good and workmanlike manner. Unless otherwise set forth herein or in an SOW, Verizon is not the manufacturer or licensor of the System but will transfer or pass through to Customer the benefit of any and all manufacturer warranties on the same terms as offered by such manufacturers which are capable of being transferred or passed through. Verizon is not the provider of Third Party Services therefore Verizon provides no warranties, guarantees or assurances of quality that apply _to Third Party Services but will transfer or pass through to Customer the benefit of any and all third party warranties on the same terms as offered by such third parties which are capable of being transferred or passed through. These warranties do not cover damage to or malfunction of the System caused in whole or in part by Customer or third parties through other than normal use of the System or caused by an event external to the System. THE WARRANTIES SET FORTH IN THESE CPE SERVICES AND SYSTEM TERMS ARE IN LIEU OF ALL OTHER WARRANTIES FROM VERIZON TO THE EXTENT PERMITTED BY LAW. CUSTOMER'S SOLE REMEDY FOR A BREACH OF THE WARRANTY FOR CPE SERVICES IS FOR VERIZON TO REPERFORM THE DEFECTIVE WORK. VERIZON PROVIDES AND /OR LICENSES ALL DELIVERABLES AS STATED IN AN SOW TO CUSTOMER "AS IS ". IN ADDITION TO DISCLAIMERS IN THE AGREEMENT, VERIZON WILL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO VERIZON'S OR CUSTOMER'S TRANSMISSION FACILITIES OR EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD. 3.6.1. Voice Equipment. In addition to other applicable warranties contained herein, for voice Systems installed by Verizon, the warranty period for the System components on the relevant quote begins on the In- Service Date and continues for 12 months. 3.6.2. CPE Deployment Services Warranties. In addition to other applicable warranties contained herein, Verizon warrants that any cables and connectors between the System and any other equipment on Customer's premises that are provided by Verizon will be in good working order for a period of thirty days after installation unless the failure of such cables and connectors is caused by Customer's misuse or abuse. 3.7. Limitation of Liability. SUBJECT TO THE EXCLUSIONS SECTION OF THE AGREEMENT, VERIZON'S ENTIRE LIABILITY FOR ANY OTHER DAMAGE WHICH MAY ARISE HEREUNDER, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING VERIZON'S NEGLIGENCE, OR OTHERWISE, WILL BE LIMITED TO THE LESSER OF 1) THE PURCHASE PRICE OF THE SPECIFIC ORDER GIVING RISE TO THE CLAIM; AND II) THE LIMITATION OF LIABILITY IN THE AGREEMENT. VERIZON WILL BEAR NO LIABILITY FOR USE OF THE SYSTEM OR CPE SERVICES PROVIDED UNDER THIS ATTACHMENT IN CONNECTION WITH LIFE SUPPORT SYSTEMS OR DEVICES OR PUBLIC SAFETY SYSTEMS. EXCEPT AS EXPRESSLY STATED OTHERWISE HEREIN, VERIZON WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR INTEROPERABILITY OR COMPATIBILITY OF THE SYSTEM WITH THIRD -PARTY PRODUCTS OR SYSTEMS THAT CUSTOMER MAY UTILIZE IN CONJUNCTION WITH THE SYSTEM OR TO WHICH CUSTOMER MAY CONNECT EQUIPMENT. The Customer and Verizon acknowledge that the warranties, limits on liability and exclusions set out in these CPE Services and System Terms fairly allocate the risk between the Customer and Verizon and are reflected in the charges for the System and /or CPE Services. 3.8. Indemnification. VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 20 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon 3.8.1. System Indemnity. Verizon is not the manufacturer of the CPE or the owner of any third party software provided for use with the CPE, which CPE and software comprising the System are provided hereunder pursuant to the standard terms and conditions of the respective third party manufacturer and /or owner(s) thereof. Except for such manufacturers' or owners' indemnities applicable to the CPE and /or software that Verizon is authorized to pass through for the benefit of Customer, which such indemnities Verizon hereby agrees to pass through to Customer, the CPE, including software used therewith, is provided to Customer on an AS IS basis, without any express or implied warranties of any type, and without any obligation to defend or indemnify for any infringement. 3.8.2. Services Indemnity. Except as provided below, Verizon will defend Customer against any claim, suit, action or proceeding alleging that the purchase or use by Customer of any CPE Service infringes a valid U.S. patent or copyright ( "Services Claim "), and Verizon will indemnify and hold harmless Customer against any and all finally awarded casts and expenses, including attorneys' fees, in connection with any such Services Claim. 3.8.2.1. If the use of any CPE Service is enjoined or subject to a Services Claim, Verizon may, at its option and expense, either procure for Customer the right to continue to use the affected CPE Service, replace the affected CPE Service with substantially equivalent, non- infringing service, or modify the affected CPE Service so that it becomes non - infringing. In the event that none of the foregoing options is commercially reasonable, Verizon may terminate the CPE Service. 3.8.2.2. Verizon shall have no obligation to defend, indemnify or hold harmless Customer for any Services Claim or portion thereof that arises from (i) any negligent or willful act or omission by or attributable to Customer; (ii) any combination, use or operation of any CPE Service with equipment or services provided by Customer or any third party; (iii) any addition to or modification of the CPE Service by Customer, any third party or Verizon at Customer's request; (iv) use of other than the then current unaltered release of any Verizon - provided software used in the CPE Service provided Verizon has made such release available to Customer; (v) any equipment, system, product, process, method or service of Customer which otherwise infringed any U.S. patent or copyright asserted against Customer prior to the supply of the CPE Service to Customer hereunder; (vi) functionality provided by Verizon at the direction of Customer, its agents, employees, or other contractors (including the provision of functionality in accordance with technical specifications provided by Customer); or (vii) use or operation, by Customer, its agents, employees or other contractors, of CPE Service other than as specified in these CPE Services and System Terms. 3.8.3. The foregoing states the entire obligation of Verizon to Customer and is Customer's sole and exclusive remedy with respect to any claim of infringement of any intellectual property right of any kind, including the manufacturers' or owners' indemnities applicable to the CPE and software that Verizon is authorized to pass through for the benefit of Customer, if any, and Verizon disclaims all other warranties and obligations with respect thereto. 3.8.4. Customer will defend, indemnify and hold harmless Verizon, its employees, officers, directors, agents and affiliates for damages, costs and attorneys fees in connection with any claim arising out of (a) Customer's use of the System or CPE Services other than as may expressly be indemnified by Verizon pursuant to Sections 8.1 and /or 8.2 of these CPE Services and System Terms, or (b) the content of communications transmitted by or on behalf of Customer in the use of the System or CPE Services, including but not limited to libel, slander, and invasion of privacy. 3.8.5. Each party (the "indemnitor ") will defend, indemnify, and hold harmless the other party (the "indemnitee ") against all claims and liabilities for direct damages imposed on the indemnitee for bodily injuries, including death, and for damages to real or tangible personal property to the extent caused by the negligent or otherwise tortious acts or omissions of the indemnitor, its agents or employees in the course of performance of these CPE Services and System Terms. VERIZON CONFIDENTIAL Contract ID: 686148 -02 © 2003, 2006 Verizon, All Rights Reserved. Page 21 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon Air 3.8.6. The defense and indemnification obligations set forth in this Section are contingent upon (1) the indemnitee providing the indemnitor prompt, written, and reasonable notice of the claims, demands, and /or causes of action subject to indemnification, (2) the indemnitee granting the indemnitor the right to control the defense of the same, and (3) the indemnitee's full cooperation with the indemnitor in defense of the claim, including providing information and assistance in defending the claim. Nothing herein, however, will restrict the indemnitee from participating, on a non - interfering basis, in the defense of the claim, demand, and /or cause of action at its own cost and expense with counsel of its own choosing. No settlement may be entered into by the indemnitor on behalf of the indemnitee that includes obligations to be performed by the indemnitee (other than payment of money that will be fully paid by the indemnitor under Sections 8.1 — 8.5 above) without indemnitee's prior written approval. 3.9. Disclosure Indemnification. If Customer fails to identify and disclose to Verizon concealed Customer equipment, wiring nr conditions, as required tinder the CPE Services and Svstem Terms, then C ustnmAr will defend and hold Verizon harmless from any claim, damage or liability resulting from a failure to disclose this information. 3.10. Hazardous Substances. Except as disclosed to and acknowledged in writing by Verizon, Customer certifies that it is not aware of the presence of any asbestos or other hazardous substance (as defined by any applicable hazardous waste or environmental law or regulation) at any location where Verizon is to perform CPE Services under these CPE Services and System Terms. If during such performance Verizon employees or agents encounter any such substance, Customer agrees to take all necessary steps, at its own expense, to remove or contain the asbestos or other hazardous substance and to test the premises to ensure that exposure does not exceed the lowest exposure limit for the protection of workers. Verizon may suspend performance under these CPE Services and System Terms until the removal or containment has been completed and approved by the appropriate governmental agency and Verizon. Performance obligations under these CPE Services and System Terms will be extended for the period of delay caused by said cleanup or removal. Customer's failure to remove or contain hazardous substances will entitle Verizon to terminate by virtue of law, without Court intervention, delay, or other formality and liability, these CPE Services and System Terms, an Order, or an SOW at Verizon's option. Upon such termination, Customer will permit Verizon to remove any System that has not been accepted, will reimburse Verizon for expenses incurred in performing these CPE Services and System Terms, Order, or SOW until termination (including but not limited to expenses associated with such termination, such as removing a System, terminating leases, demobilization, etc.), and will complete payment for any portion of a System or CPE Services that has been accepted. 3.11. Export and Legal Compliance. Customer acknowledges that the export, import, and use of certain hardware, software, and technical data provided under the Agreement is regulated by the United States and other governments and agrees to comply with all applicable laws and regulations, including the U.S. Export Administration Act, the regulations promulgated thereunder by the U.S. Department of Commerce, and any other applicable laws or regulations of the United States or other relevant jurisdictions (collectively, "Export Laws "). Without limiting the generality of the foregoing the parties further agree: 3.11.1. Customer shall not export, re- export, release, transfer or allow the diversion of any items, hardware, software, technology, or the direct product of such technology obtained by Customer under these CPE Services and System Terms without first complying fully with all applicable Export Laws and obtaining any and all required licenses from United States and other governmental authorities. 3.11.2. Customer shall not conduct business with any company, individual, organization or country that is subject to trade sanctions, embargoes, or other restrictions under applicable Export Laws, nor any entity that is involved in an end use prohibited under Export Laws including but not limited to chemical or biological weapons proliferation or nuclear or missile technology proliferation, in either case without complying fully with all applicable Export Laws and obtaining any and all required licenses from United States and other governmental authorities and providing written notice to, and prior approval from, Verizon. 3.11.3. Customer shall cooperate with and provide all necessary information to Verizon in order to facilitate full compliance with all trade - related laws and regulations. VERIZON CONFIDENTIAL Contract ID: 686148-02 0 2003, 2006 Verizon. All Rights Reserved. Page 22 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon Business 3.11.4. Unless prohibited by law, Customer agrees to provide notice to Verizon of trade compliance related communications received from and /or actions taken by government export officials and /or customs authorities, as relate specifically to the System and /or CPE Services provided herein by or to Customer. Notice shall be provided to Verizon within 10 days of receiving the above referenced communications or notice of actions to be taken by government officials. Such notice shall include the details of any pending investigation and to what extent Verizon items, hardware, technology, or services are involved. 3.11.5. Customer further agrees to release, hold harmless, defend, and indemnify Verizon, its officers, directors, shareholders, agents, and employees, from and against any claims, breaches of the representations, costs, damages, penalties, fines or liabilities (including attorneys fees) arising out of, or in connection with any alleged violation by Customer of Export Laws. 3.11.6. Verizon may refuse to proceed with any transaction contemplated hereunder where it determines such transaction may violate Export Laws. The obligations in this section survive the expiration or early termination of these CPE Services and System Terms. 3.12. Order of Precedence. In the event of conflicts among the terms of the Agreement, this Service Attachment, a SOW and any Schedule, the following order of precedence will apply: (i) the Schedule; (ii) this CPE Services and System Terms; (iii) the Agreement; and (iv) the SOW. 3.13. Third Party Services. In addition to the terms of the Agreement any third party maintenance and services will be provided on a Subscription basis in accordance with (i) the Third Party Terms generally available on its respective websites or attached as an exhibit and (ii) the relevant terms and conditions of these CPE Services and System Terms, specifically excluding the termination for convenience provisions in the first subsection of the Termination section in this Part III, above. A subscription ( "Subscription ") means the agreement by which Customer purchases, and Verizon resells, certain CPE Services provided by third parties ( "Third Party Services "). The charges and /or the terms and conditions applicable to the Subscription(s) may change at Customer's renewal or extension of such Subscription (s). Information concerning some Third Party Terms is provided below, however, additional Third Party Terms may be provided from Verizon from time to time as required by an Order. 3.13.1. Cisco Services. When ordering Cisco products or services, Customer acknowledges having read and understood the applicable End User Obligations and service descriptions found at http: / /www.cisco .com /go /servicedescriptions/ or other URL as may be provided by Cisco from time to time. Further, Customer agrees to the terms and conditions of Cisco's Software License Agreement, available via the web URL shown above. 3.13.2. Juniper Services. When ordering Juniper products or services, Customer acknowledges having read and understood the applicable End User Obligations and service descriptions found at http: / /www. juniper. net /support/guidelines /990216.pdf or other URL as provided by Juniper Networks from time to time. 3.13.3. Polycom Services. When ordering Polycom products or services, Customer acknowledges having read and understood the applicable End User Obligations and service descriptions found at http: / /www.portal.polycom.com or other URL as provided by Polycom from time to time. 3.13.4. Riverbed Services. When ordering Riverbed products or services, Customer acknowledges having read and understood the applicable end user obligations and license agreements, and service descriptions found at www.riverbed.com /license or other URL as provided by Riverbed from time to time. 3.14. Rental Service Terms and Conditions. 3.14.1. Title and Risk of Loss. Title to Systems under Rental Service (Monthly and Term) remains with Verizon or its assignee. Customer bears the risk of loss or damage to Systems under Rental Service (Monthly and Term) after delivery to Customer's site and while such System is located at an installation site and will pay Verizon the reasonable and customary costs of repair or replacement of such System if loss or damage occurs. Customer shall provide notice of loss or damage to the System as soon as Customer receives notice of such loss or damage. Customer shall not do anything inconsistent with Verizon or its assignee's interest in the System. 3.142 Insurance. VERIZON CONFIDENTIAL Contract ID: 686148 -02 2003, 2006 Verizon. All Rights Reserved. Page 23 of 33 Printed 5/16/2013 at 04:04:02 PM 3.15 3.16 Contract ID: 686148 -02 .• 3.14.2.1. Customer shall maintain insurance, the kinds and in the amounts specified, with insurers of recognized responsibility, licensed to do business in the State(s) where Customer's obligations will be performed, and having at least: an A.M. Best's rating of AX, a Standard & Poor's ( "S &P's ") rating of AA, or a Moody's rating of Aa2. In accordance with the above, Customer shall maintain Commercial General Liability, Property and Casualty or other insurance coverage for damage to the System during such time as Customer bears the risk of loss for such System. The limits of such insurance must be no less than the replacement cost of the Equipment. A combination of primary and excess /umbrella liability policies will be acceptable as a means to meet the limits specifically required hereunder. THE REQUIRED MINIMUM LIMITS OF INSURANCE COVERAGE SET FORTH BELOW DO NOT IN ANY WAY RESTRICT OR DIMINISH CUSTOMER'S LIABILITY UNDER THE AGREEMENT. 3.1422. Customer will submit to Verizon a_ standard "Acord" insurance certificate for comparable form acceptable to Verizon) signed by an authorized representative of such insurance company(ies) certifying that the insurance coverage(s) required hereunder are in effect for the purposes of the Rental Service (Monthly and Term). The certificate of insurance shall contain a provision stating that the insurer or its authorized representative(s) shall endeavor to provide thirty days prior written notice for intent to non- renew, cancellation or material adverse change, except ten day notice for nonpayment of premium. That insurance certificate must certify that no material alteration, modification or termination of such coverage(s) will be effective without at least 30 days advance written notice to Verizon. 3.14.2.3. If Customer at any time neglects or refuses to provide the insurance required hereunder, or if such insurance is cancelled or non - renewed, Verizon has the right to terminate the Rental Service (Monthly and Term), or to pay the costs of securing substitute coverages and bill to Customer for those costs. 3.14.2.4. Customer's insurance will be considered primary and not excess or contributing with any other applicable insurance. Maintenance Terms and Conditions. Verizon reserves the right to change the rates, terms and conditions of Maintenance Service under these CPE Services and System Terms to be effective upon the commencement of any renewal term and without formal amendment of these CPE Services and System Terms by providing Customer written notice thereof prior to the expiration of the then - current term. If Customer is unwilling to accept such amended rates, terms and conditions, Customer will provide Verizon written notice thereof prior to the expiration of the then - current term, in which event the Maintenance Service will terminate upon expiration of the then - current term. Verizon may terminate the Maintenance Service upon 60 days written notice prior to the end of the then current term, otherwise the Maintenance Service will continue to be provided at the then current undiscounted rate. If Customer has pre -paid the Maintenance Service and terminates prior to the end of the term, Customer will be reimbursed for the unused portion of the Maintenance Service, less any applicable cancellation charge and discount received. CPE Related Assessment Services Terms and Conditions. 3.16.1. Term of Services. The CPE Related Assessment Services will commence as set forth in the applicable SOW and will continue in effect for the period of time required for Verizon to provide such CPE Related Assessment Services, or otherwise as specified in such SOW. 3.16.2. Developed Information. Unless otherwise set forth in a SOW, the parties acknowledge and agree that Verizon will at all times retain and have sole and exclusive title to and ownership of all (i) deliverables, documentation and information provided by Verizon to Customer under or in connection with a SOW, whether provided in hard -copy or electronic form, including, without limitation, all methodologies, processes, programs, tools /templates, software, templates, specifications, techniques, data, presentations, studies, compositions, marketing collateral, training programs and materials, analyses and assessments, and (ii) works of authorship, inventions, discoveries, concepts, ideas, designs, methods and information, whether or not patentable or copyrightable, developed, acquired, made, conceived or worked on by Verizon or any of its employees and agents, either solely or jointly with others, in connection with the performance of services under or in connection with a SOW. VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 24 of 33 Printed 5116/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon Business Service Agreement 3.16.3. General Provisions. During the term of the CPE Services and for a period of 6 months after its completion, Customer agrees not to employ or solicit for employment, directly or indirectly, or to permit its agents, contractors or others contemporaneously performing services for Customer to employ or solicit for employment, directly or indirectly, any of Verizon's employees involved in the provision of CPE Services under the applicable SOW. VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 25 of 33 Printed 5116/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon Promotions Attachment Subject to the Conditions below, Customers ordering Verizon's Internet Dedicated Service T1 Price Protected Option ( "PPO ") or NxT1 MLFR circuits under this promotion ( "Promotional Circuit ") will receive the following promotional MRC from the pricing table shown below (which also includes the MRC for a local T1 access loop in addition to the Internet Dedicated circuit) and waiver of related standard installation charges as shown below for each Promotional Circuit and associated local T1 access loop, as applicable, for the remaining Term of the Agreement, based on the length of the Term Customer committed to in the Agreement: * Provided via an "MCI Legacy Company" as defined in the Guide. ** Includes both port and access install charges. Conditions Of Eligibility The following are eligible for this promotion: a. New Promotional Circuits installed after this promotion is included in the Agreement b. Existing Promotional Circuits being renewed under a new Agreement term with this promotion included in the Agreement. c. Upgrades to a Promotional Circuit type installed after this promotion is included in the Agreement 2. The Promotional Circuit must be located entirely: a. Within the 48 contiguous states b. Within the selected CLLI areas set forth within the Guide for this promotion 3. Eligible CLLI locations are defined in the Service Publication and Pricing Guide and are subject to change. 4. Promotion must be included in the Customer's agreement signed and submitted by July 31, 2013. 5. Verizon will determine the local access loop provider. 6. Promotional Circuits receiving the benefits of this promotion may not receive the benefits of the following promotions: On The Network IV Lit Building Access, Reach The Network Tiered Access, On The Network V Lit Building Access, On The Network V Cross Connect, On the Network V Cross Connect v2.0, Internet Dedicated Bundled PPO T1 & NxT1 Select I, Internet Dedicated Bundled PPO T1 & NxT1 Select 11, Internet Dedicated T1 & NxT1 Select III, Internet Dedicated T1 & NxT1 Select IV, Internet Dedicated T1 & NxT1 Select V and Internet Dedicated T1 & NXT1 Port Only and Verizon Loyalty Plus Promotions. This promotion supersedes the terms and conditions of the Internet Dedicated Bundled PPO T1 & NxT1 Select 1, Internet Dedicated Bundled PPO T1 & NxT1 Select 11, Internet Dedicated Bundled PPO T1 & NxT1 Select 111, Internet Dedicated Bundled PPO T1 & NxT1 Select IV and the Internet Dedicated T1 & NxT1 Select V promotions for any new Promotional Circuits or upgrades to a Promotional Circuit that would otherwise have received the promotional benefits under such promotions. 7. Unless stated otherwise, promotional rates /discounts are in lieu of all other discounts. VERIZON CONFIDENTIAL Contract ID: 686148-02 0 2003, 2006 Verizon. All Rights Reserved. Page 26 of 33 Printed 5/16/2013 at 04:04:02 PM Standard Local T1 ` 1 Year 2 Year 3+ Year Circuit Type Installation ** Access Term MRC Term MRC Term MRC Loo s * PPO T! Waived included $379 $349 $339 2xT1 Waived Included $758 $698 $678 3xT1 Waived Included $1,137 $1,047 $1,017 4xT1 Waived Included $1,516 $1,396 $1,356 * Provided via an "MCI Legacy Company" as defined in the Guide. ** Includes both port and access install charges. Conditions Of Eligibility The following are eligible for this promotion: a. New Promotional Circuits installed after this promotion is included in the Agreement b. Existing Promotional Circuits being renewed under a new Agreement term with this promotion included in the Agreement. c. Upgrades to a Promotional Circuit type installed after this promotion is included in the Agreement 2. The Promotional Circuit must be located entirely: a. Within the 48 contiguous states b. Within the selected CLLI areas set forth within the Guide for this promotion 3. Eligible CLLI locations are defined in the Service Publication and Pricing Guide and are subject to change. 4. Promotion must be included in the Customer's agreement signed and submitted by July 31, 2013. 5. Verizon will determine the local access loop provider. 6. Promotional Circuits receiving the benefits of this promotion may not receive the benefits of the following promotions: On The Network IV Lit Building Access, Reach The Network Tiered Access, On The Network V Lit Building Access, On The Network V Cross Connect, On the Network V Cross Connect v2.0, Internet Dedicated Bundled PPO T1 & NxT1 Select I, Internet Dedicated Bundled PPO T1 & NxT1 Select 11, Internet Dedicated T1 & NxT1 Select III, Internet Dedicated T1 & NxT1 Select IV, Internet Dedicated T1 & NxT1 Select V and Internet Dedicated T1 & NXT1 Port Only and Verizon Loyalty Plus Promotions. This promotion supersedes the terms and conditions of the Internet Dedicated Bundled PPO T1 & NxT1 Select 1, Internet Dedicated Bundled PPO T1 & NxT1 Select 11, Internet Dedicated Bundled PPO T1 & NxT1 Select 111, Internet Dedicated Bundled PPO T1 & NxT1 Select IV and the Internet Dedicated T1 & NxT1 Select V promotions for any new Promotional Circuits or upgrades to a Promotional Circuit that would otherwise have received the promotional benefits under such promotions. 7. Unless stated otherwise, promotional rates /discounts are in lieu of all other discounts. VERIZON CONFIDENTIAL Contract ID: 686148-02 0 2003, 2006 Verizon. All Rights Reserved. Page 26 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon Business 8. Customer commits to paying for the Promotional Circuit for the lesser of a minimum of 1 year from the circuit's original Service Activation Date or the length of time remaining on Customer's Term commitment ( "Commitment Period "). If Customer terminates any Promotional Circuit ordered under this promotion before the Commitment Period has expired, except for termination for Cause, such termination shall not be effective until 30 days after Company receives written notice of termination ( "Termination Date "). In addition to paying all accrued but unpaid charges for the terminated Promotional Circuit incurred through the Termination Date, for each Promotional Circuit terminated Customer will be required to pay, within 30 days after such Termination Date: (a) an amount equal to 75 percent of the monthly recurring charges remaining in the Commitment Period, if any; plus (b) all fees or early termination fees imposed by the access line provider, if any; plus (c) a pro rata portion of any and all credits received by Customer. However, these early termination charges will not apply if Customer terminates a Promotional Circuit to upgrade to a higher- bandwidth, replacement Verizon service and Customer commits to paying for such upgraded Verizon service for a period at least as long as the remainder of the original Commitment Period. In no event will Customer's total termination liability exceed the full contract value of the terminated Promotional Circuit. eIV I L-1 k I- I Cns�r✓�pc I L—LO ET1'iE�Ca�ET �w�T RvcvA�.sTianf c' Subject to the Conditions below, Customers ordering Verizon's Internet Dedicated Service Price Protected Option ( "PPO "), Diverse T1, NxT1 MLFR or Diverse NxT1 circuits under this promotion ( "Promotional Circuit ") will receive the following promotional MRC from one of the pricing tables shown below (which also includes the MRC for a local T1 access loop or multiple loops for the Diverse and Diverse NxT1 services in addition to the Internet Dedicated circuit) and waiver of related standard installation charges as shown below for each Promotional Circuit and associated local T1 access loop, as applicable, for the remaining Term of the Agreement, based on the length of the Term Customer committed to in the Agreement: Eligible Service Types and Speeds Standard Port Installation Charge Waived 'Port MRC and Internet Dedicated Internet Dedicated Ethernet ``. Ethernet Burstable Select Overage Discount IDE Tiered 1DE Burstable Select Agreement Term' (10M)? (50M) (100M) (600M) 2 Year 3+ Years 3 Mbps Port 2 Mbps Port 69% 72% 4 Mbps Port 69% 72% 5 Mbps Port 5 Mbps 69% 72% Port 10 Mbps Port 10 Mbps 10 Mbps 79% 82% Port Port 20 Mbps Port 20 Mbps 79% 82% Port 30 Mbps Port 30 Mbps 30 Mbps 79% 82% Port Port 40 Mbps Port 40 Mbps 79% 82% Port 50 Mbps Port 50 Mbps 79% 82% Port 79% 82% 100 Mbps Port 100 79% 82% Mbps Port 200 Mbps Port 200 82% 85% VERIZON CONFIDENTIAL Contract ID: 686148 -02 © 2003, 2006 Verizon. All Rights Reserved. Page 27 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148-02 A M;1 IVA Vd- Eligible Service Types and Speeds Standard Port Installation Charge Waived Internet Dedicated Ethernet Fast Ethernet Port Only Service Mbps Port MRC and Internet Dedicated Ethernet Burstable Select Overage Discount IDE Burstable Select (I OOOM) Burstable Select Tiered GigE Burstable Select GiqE Agreement Term Port 2 Year 3+ Years 300 Mbps Port 300 82% 85% 69% Mbps 69% 72% Port 10 Mbps Port 79% 82% 82% 85% 400 Mbps Port 82% 400 82% 85% 82% Mbps 79% 82% Port 82% 500 Mbps Port 75 Mbps Port 79% 500 82% 85% 100 Mbps Port 100 Mbps Port 79% 82% Mbps 200 Mbps Port 200 Mbps Port 82% 85% 300 Mbps Port Port 300 Mbps Port 300 Mbps Port ^000 Mbps Putt 85% 350 Mbps Port* 04-10 8 5 97/0 700 Mbps Port 400 Mbps Port 400 Mbps Port 82% 85% 500 Mbps Port 750 500 Mbps Port 750 82% 85% 600 Mbps Port Mbps 82% Mbps 700 Mbps Port Port* 85% Port.* 750 Mbps Port* 82% 85% 82% 85% —100OMbpsPort 85% 1000 Mbps Port 82% 85% Eligible Service Types and Speeds Standard Port Installation Charge Waived Internet Dedicated Ethernet Fast Ethernet Port Only Service GIgEPort Only Service Port MRC and Internet Dedicated Ethernet Burstable Select Overage Discount IDE Burstable Select (I OOOM) Burstable Select Tiered GigE Burstable Select GiqE Agreement Term 2 Year 3+ Years 69% 72% 69% 72% 69% 72% 10 Mbps Port 79% 82% 79% 82% 79% 82% 79% 82% 79% 82% 75 Mbps Port 79% 82% 100 Mbps Port 100 Mbps Port 100 Mbps Port 79% 82% 200 Mbps Port 200 Mbps Port 200 Mbps Port 82% 85% 300 Mbps Port 300 Mbps Port 300 Mbps Port 82% 85% 350 Mbps Port* 82% 85% 400 Mbps Port 400 Mbps Port 82% 85% 500 Mbps Port 500 Mbps Port 500 Mbps Port 82% 85% 600 Mbps Port 82% 85% 700 Mbps Port 82% 85% 750 Mbps Port* 750 Mbps Port* 82% 85% 800 Mbps Port* 82% 85% 1000 Mbps Port 82% 85% VER12ZON CONFIDENTIAL Contract ID: 686148-02 @ 2003, 2006 Verizon. All Rights Reserved. Page 28 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 b__1Q1AkkVA toil 1. New and renewing Customers must sign a Verizon master services agreement ( "Agreement ") with a minimum two -year term commitment ( "Term "). The following are eligible for this promotion: • New Promotional Circuits installed after this promotion is included in the Agreement • Existing Promotional Circuits being renewed under a new or extended Agreement term • Upgrades to a Promotional Circuit type installed after this promotion is included in the Agreement This promotion is applicable only for Promotional Circuit ports located within the 48 contiguous states. • Ports in Alaska, Hawaii, Puerto Rico, and any foreign countries are not eligible 4. Promotion must be included in the Customer's agreement, signed and submitted by July 31, 2013. 5. Customer commits to paying for the Promotional Circuit for the lesser of a minimum of 2 years from the circuit's original Service Activation Date or the length of time remaining on Customer's Term commitment ( "Commitment Period "). If Customer terminates a Promotional Circuit before the end of the Commitment Period, Customer will pay an early termination charge of: (a) 75 percent of the applicable monthly recurring charges multiplied by the number of Months remaining in the Commitment Period for such Promotional Circuit, if any; plus (b) all fees or early termination fees imposed by the access line provider, if any; plus (c) a pro rata portion of any and all credits received by Customer. However, early termination charges will not apply if Customer terminates a Promotional Circuit as part of an upgrade to the Promotional Circuit or an upgrade to any other Verizon service and Customer commits to paying for such upgraded Promotional Circuit or Verizon service for the remainder of the Commitment Period and in no event will Customer's total termination liability exceed the full contract value of the terminated Promotional Circuit. Local access is required, but is not included. Orders may be expedited, but standard expedite fees will apply. Unless explicitly stated otherwise, promotional rates /discounts are in lieu of all other discounts. This promotion cannot be combined with any of the following promotions: • Internet Dedicated Ethernet 10M to 100M Port Promotion • Internet Dedicated Ethernet 10M to 100M Port Promotion — v2.0 • Internet Dedicated High Speed Ethernet and OCN Port Promotion • Internet Dedicated High Speed Ethernet and OCN Port Promotion v2.0 • Internet Dedicated Ethernet IP Port Only Promotion • Internet Dedicated Ethernet Low Bandwidth IP Port Only Promotion • Internet Dedicated Ethernet Low Bandwidth IP Port Only Promotion (VBS III) 10. Existing Customer with any existing Ethernet Promotions, who are not renewing their contract are not eligible for this promotion Subject to the conditions below, a Customer with a two -year master agreement Term commitment that simultaneously orders the types of Verizon Internet Dedicated, Private IP, or interstate DS1 US Private Line Service /circuit types listed below along with the associated eligible Customer Premises Equipment ( "CPE ") (each, including CPE, referred to as a "Promotional Circuit ") and enrolls that Promotional Circuit in this promotion will receive a one -time per circuit invoice credit set forth in the table below for that Promotional Circuit. The credit will be applied within the first two billing cycles following the Service Activation Date for each such Promotional Circuit ordered. Eligible Services must be sold with router*) Invoice Credit per Promotional Circuit Internet Dedicated Ethernet VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 29 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon r; • Tiered (10Mpbs —100 Mpbs) • Burstable Select 50 Mbps (10 through 40 Mpbs) $1,500 • Burstable Select 100 Mbps (10 through 80 Mbps) Internet Dedicated T1 ** $450 PPO T1 — 1.5Mbps) Internet Dedicated NxT1 ** $2,000 3Mb s —12Mb s Internet Dedicated T3 ** $800 5Mb s —10Mb s Internet Dedicated T3 ** $1,800 (11 Mb s — 20Mb s) Internet Dedicated T3 ** $3,000 E i ivio s — 45Mb s Internet Dedicated T3 ** $5,000 Price Protected 45Mb s) Private Line DS1 $500 Private 1n Port * ** P'tlVeilC it i'Ull myf�0 �JVV 1.5Mb s) Private IP Port * ** $750 3Mb s to 100Mb s * Eligible CPE is limited to routers sold strictly for the purpose of connecting to the eligible network service at the customer's premises. CPE must be ordered from Verizon at the same time as the network service circuit is ordered. ** Internet Dedicated Access (IDA) Burstable and Internet Dedicated Ethernet Burstable service types are not eligible. Internet Dedicated Access circuits sold with Router as "transport" for Voice Over IP "Vol P" A LA CARTE only) are eligible. * ** Eligible Private IP portspeeds may be sold with TDM or Ethernet Access. Conditions 1. New circuits are eligible for this promotion. 2. Existing circuits that are upgraded to a port/circuit type /speed specified above must have been installed a minimum of 12 months prior to the upgrade to qualify for this promotion. 3. To receive the benefits of this promotion, each Promotional Circuit must be active, with no pending cancellation request, at the time the credit is applied. 4. The Promotional Circuit must be located entirely within the U.S. Mainland. 5. The promotion must be included in the Agreement signed and submitted by October 31, 2013. 6. Eligible Circuits and CPE must be ordered by November 30, 2013. VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 30 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon Business Service Agreement 7. Customer commits to paying for the Promotional Circuit for a minimum of one year from the circuit's original Activation Date ( "Commitment Period "). If Customer terminates a Promotional Circuit ordered through this promotion before the end of the Commitment Period, Customer will incur an early termination charge of (i) 75% of the applicable monthly recurring charges for the Internet Dedicated, Private IP or Private Line Service, as applicable, multiplied by the number of months remaining in the Commitment Period, if any; plus (ii) all fees or early termination fees imposed by the access line provider, if any; plus (iii) a pro rata portion of any and all credits received by Customer. However, these early termination charges will not apply if Customer terminates a Promotional Circuit to upgrade to a higher - bandwidth, replacement Verizon service, and Customer commits to paying for such upgraded Verizon service for a period at least as long as the remainder of the original Commitment Period. In no event will Customer's total termination liability exceed the full contract value (including Verizon's full CPE charges which otherwise would have been credited) of the terminated Promotional Circuit. 8. Orders may be expedited, but standard expedite fees must be paid. 9. Promotional Circuits receiving the benefits of this promotion may not receive the benefits of the following promotions: New Service Incentive, Internet T1 Free CPE, Internet NxT1 Free CPE and New Service CPE Rebate Promotions. 10. Special Customer Arrangements are not eligible for this promotion. GENERAL INSTALLATION WAIVER PROMOTION - V5.0 Subject to the Conditions below, Verizon will waive the standard non - recurring installation or start -up charges for eligible services in the table below (or in the case of Local Service -CLEC, the non recurring charges of the types listed in the table below) and for related local loop access service (if any) provided under a Customer's master service agreement ( "Agreement ") by MCI Communications Services, Inc. d /b /a Verizon Business Services; MCimetro Access Transmission Services, LLC d /b /a Verizon Access Transmission Services; MCimetro Access Transmission Services of Virginia, Inc. d /b /a Verizon Access Transmission Services of Virginia; or MCimetro Access Transmission Services of Massachusetts, Inc. d /b /a Verizon Access Transmission Services of Massachusetts, as applicable. Eligible Services Exclusions To Eligible Services' without limitation) Network Services Local Access Services - OCn and Higher DSO, DS1 and DS3 only International Network Access Local Access • Cross Border Leased Line Service • NRCs for special construction and network diversity Ethernet Access — Types 1, 2 , 3 & Standard Ethernet Access Type 4• Type 1 Ethernet Access with circuit facilities assignment- Type 3 Ethernet Access with circuit facilities assignment Enterprise Mobility as a Service — service a Destination Management Service activation charge only Network Access Identifier "NAI" Service Ethernet Private Line - National, Metro and Ethernet Private Line (International) Access only Ethernet Virtual Private Line (EVPL) — Ethernet Virtual Private Line (International) CPA - based - National & Metro only Global Private Line Services — Global Data Link, International Private Line (IPL Half Circuit, IPL OSS and IPL Full Circuit • Internet Dedicated OC3 and Higher Internet Dedicated - Internet Dedicated Ethernet T1, NxT1 and T3 only 0 Internet Dedicated Fast Ethernet m Internet Dedicated Gi E VERIZON CONFIDENTIAL Contract ID: 686148 -02 © 2003, 2006 Verizon. All Rights Reserved. Page 31 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon Business 1 Conditions: The promotion must be included in Customer's Agreement, signed and submitted by July 31, 2013. 2. Only new circuits (or equivalent service units) and existing circuits (or equivalent service units) that are upgraded to an eligible port type /speed are eligible for this promotion. 3. Customer commits to paying for the new circuit (or equivalent service unit) of the eligible service to which the benefits of this promotion apply (each a "Promotional Circuit ") and the associated local access loop, for a minimum of one year. Customers who terminate any Promotional Circuit or the associated local access loop before one year will be billed and required to pay all charges otherwise waived under this promotion. VERIZON CONFIDENTIAL Contract ID: 686148 -02 © 2003, 2005 Venzon. All Rights Reserved. Page 32 of 33 Printed 5/16/2013 at 04:04:02 PM e Cross Connection Charges Long Distance 0 Features (Packages and Ala Carte) (Domestic and International) — • TF /DA Listing Inbound and Outbound Access 0 ITFS Service Fees • UIFN Registration Local Service - CLEC - (Facilities based and • Disaster Recovery UNE -P) Expedite fees Includes: Non - Listing /Non- Published Service • Account Setup • Telecommunications Service Priority • Account Charges (including moves, changes, • Usage charges additions and billing record changes) 0 Monthly Recurring Charges • Line Connection Charges (Local Line, Local 0 Surcharges Trunk- Ba-cih, . w nasal Trunk VI«I, . Local Trunk, 2 may Charges imposed by third - partied i Direct) • Includes access, egress, jack, or wiring charges • Direct Inward Dialing (DID) /2 way Direct All Governmental Charges Installation for blocks of DID /2 way direct numbers • Non- recurring charges for Local ISDN -PRI T1 installation and optional features • Selective Call Screening non - recurring charge • Non - recurring charges for Optional Features • Additional Telephone Number Listing (set up charge) • Alternative Call Listing (set up charge) • Restoral charges (customer and company charges on the rate calculator) • Toll Restrictions (set up charge) • Call Assistance Install (set up charge • Voicemail - NUMS (National Unified Message Service • Private IP Satellite Access Private IP (Domestic and International) Private IP - Dynamic Bandwidth Maintenance feature • Private IP - Geographic Gateway and Router Diversity features) • Cross Connection Charges Private IP Layer 2 • Secure Gateway Hardware Client Secure Gateway - Universal Port only Secure Gateway Management Only • Secure Gateway Out Of Band Modem • Secure Gateway Firewall Custom U.S. Private Line Virtual Private LAN Service (VPLS) Conditions: The promotion must be included in Customer's Agreement, signed and submitted by July 31, 2013. 2. Only new circuits (or equivalent service units) and existing circuits (or equivalent service units) that are upgraded to an eligible port type /speed are eligible for this promotion. 3. Customer commits to paying for the new circuit (or equivalent service unit) of the eligible service to which the benefits of this promotion apply (each a "Promotional Circuit ") and the associated local access loop, for a minimum of one year. Customers who terminate any Promotional Circuit or the associated local access loop before one year will be billed and required to pay all charges otherwise waived under this promotion. VERIZON CONFIDENTIAL Contract ID: 686148 -02 © 2003, 2005 Venzon. All Rights Reserved. Page 32 of 33 Printed 5/16/2013 at 04:04:02 PM Contract ID: 686148 -02 Verizon 4. Orders may be expedited, but applicable expedite fees must be paid. 5. Subject to the restrictions below for Ethernet Access, Customer will receive this promotional waiver benefit on any eligible service provided under this promotion during the Term of the Agreement. For Ethernet Access, Customer will receive this promotional waiver benefit for the charges specified as waived in the pricing sections of the Guide terms for Ethernet Access. Other charges, including without limitation other non - recurring charges, install or labor charges, project and professional services charges usage charges, monthly recurring charges, expedite charges, change charges, surcharges, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax -like surcharges, or other Governmental Charges will not be waived. VERIZON CONFIDENTIAL Contract ID: 686148 -02 0 2003, 2006 Verizon. All Rights Reserved. Page 33 of 33 Printed 5/16/2013 at 04:04:02 PM or, BALDWIN P A, R, K TO: FROM: DATE: SUBJECT: CITY OF BALDWIN PAR E __V1 STAFF REPORT Honorable Mayor and City Council Leticia Lara, Human Resources Ma June 5, 2013 Lai al celm - - 111 - - The purpose of this report is to request that the City Council ratify the employment agreement for the position of Interim Finance Director. BACKGROUND AND DISCUSSION: Following an extensive recruitment, the City Council has directed that an employment agreement be finalized with Mr. Craig Graves, for service to the city as an Interim Finance Director. DISCUSSION Attached is the Employment Agreement (Attachment A) with Craig Graves, to serve the City as the Interim Finance Director. The proposed agreement is similar in format to employment agreements developed in the past for "Consultant" positions, and provides the following general terms: 1. This Agreement shall commence on June 5, 2013, and shall terminate on January 10, 2014. 2. Compensation shall be $65.00 Sixty Five Dollars ($65.00) per hour. 3. Total compensation for this contract shall not exceed Seventy Five Thousand Dollars ($75,000.00). 4. The City may terminate this Agreement at any time, with or without cause, by providing Consultant not less than five -days' (5- days') prior written notice. Consultant may terminate this Agreement and the Services to be rendered hereunder at any time, with or without cause, by providing City not less than thirty -days' (30- days') prior written notice. 5. Consultant is, and shall be, acting at all times in the performance of this Agreement as an independent contractor and not as an employee of City. FISCAL IMPACT The proposed compensation is equal to the amount that was budgeted in the 2012 - 2013 City Budget. Umeelmig k" 1 101 L, I It is recommended that the City Council approve the employment agreement with Craig Graves, for services as Interim Finance Director, and authorize its execution by the Mayor. WINUMMM"T • Attachment A - Employment Agreement AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 5th day of June, 2013, by and between the City of Baldwin Park ( "City "), and Craig Graves ( "Consultant "). The City and Consultant are each a "Party" and are collectively the "Parties." RECITALS A. City desires to retain Consultant to assist with the management and operation of the Finance Department and related functions in the City as Interim Finance Director (the "Services "). B. Consultant has the expertise to provide the Services to City and agrees to do so under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the covenants, conditions and agreements contained herein, the Parties hereby agree as follows. 1. SCOPE OF SERVICES. Consultant agrees to perform the Services in accordance with all applicable rules, regulations and laws pertaining thereto. The Services shall be provided at the City Hall of City, Monday through Sunday, not to exceed forty (40) hours per week, unless the prior consent of the City's Chief Executive Officer is first obtained. Consultant will not provide investment advice or invest public funds. 2. OWNERSHIP OF DOCUMENTS. Any document prepared by Consultant pursuant to this Agreement shall, upon the completion thereof, be deemed for all purposes to be the property of City. 3. COMPENSATION. A. Hourly Rate. Consultant shall be compensated for the services rendered hereunder at the rate of Sixty Five Dollars ($65.00) per hour. The rate of compensation established herein shall be deemed full compensation for all work, labor, and services provided by Consultant in the satisfactory performance of this Agreement, including, but not limited to, any required insurance and taxes, except for expenses which are reimbursable pursuant to Subsection B, below. B. Reimbursable Expenses. Consultant shall be reimbursed by City for the actual costs incurred by Consultant associated with travel to and attendance at seminars and conferences or other business related expenses, provided the prior approval of the City's Chief Executive Officer is first obtained. C. Total Compensation. Total compensation for this contract shall not exceed Seventy Five Thousand Dollars ($75,000.00). 4. BILLING. Consultant shall submit an itemized bill to City for approval prior to receiving compensation at no more than bi- monthly monthly intervals. Billing shall Page 1 of 3 include the dates, the time charged thereto, a summary of the total number of hours charged for Services, and the total reimbursable expenses, if applicable. 5. TERM. This Agreement shall commence on June 5, 2013, and shall terminate on January 10, 2014: provided, however, that (i) upon notice from City's Chief Executive Officer to Consultant, this termination date may be extended for up to forty -five (45) additional days or until the maximum total compensation permissible has been reached, whichever occurs first; and (ii) this Agreement may be earlier terminated by either Party in the manner set forth herein. 6. TERMINATION. City may terminate this Agreement and the Services to be rendered hereunder at any time, with or without cause, by providing Consultant not less than five - days' (5- days') prior written notice. Consultant may terminate this Agreement and the Services to be rendered hereunder at any time, with or without cause, by providing City not less than thirty -days' (30- days') prior written notice. In the event of termination by either Party, all documents, data, and reports prepared by Consultant, whether or not finished, shall be City's property, and shall be delivered to City or to any other party City may designate. 7. STATUS OF CONSULTANT. Consultant is, and shall be, acting at all times in the performance of this Agreement as an independent contractor and not as an employee of City. Consultant shall secure at his expense and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation, and deductions, if any, in connection with the Services to be performed hereunder. 8. LIABILITY. City shall indemnify, defend, and hold harmless Consultant, in a manner similar to as required by the California Government Code for full -time City employees, against any and all actions, claims, damages, liabilities, losses, or expenses of whatsoever kind, name or nature, including legal costs and attorneys fees (collectively, "Liability "), whether or not suit is actually filed, and any judgment is rendered against Consultant that may be asserted or claimed by any person, firm, or entity arising out of or in connection with the performance of this Agreement by Consultant; provided, that such duty to defend, indemnify and hold harmless shall not apply to Consultant's responsibilities set forth in Paragraph 7., nor any PERS requirements. 9. NOTICES. Any notices or special instructions required to be given in writing under this Agreement shall be given by personal delivery, facsimile communication, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Services, addressed as follows: TO CITY: City of Baldwin Park 14403 E. Pacific Ave. Baldwin Park, CA 91706 -4297 Attn: Vijay Singhal Facsimile: (626) 337 -2965 Page 2 of 3 TO CONSULTANT: Craig Graves 1400 Barton Road, # 215 Redlands, CA 92373 (760) 409-1254 If City or Consultant has a change of address or telephone or facsimile number, then the other Party shall be immediately notified in writing of such change. 11. MODIFICATION. This Agreement is the entire agreement between the Parties with respect to the subject matter hereof, and no other agreement, statements, or promise relating to the subject matter of this Agreement which is not contained here-in shall be valid or binding. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the Party to be charged therewith. 12. ENFORCEMENT. In the event any Party institutes any action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its court costs and reasonable attorneys' fees. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day first written above. "CITY": CITY OF BALDWIN PARK "CONSULTANT" By: Vijay Singhal, Chief Executive Officer Page 3 of 3 Craig Graves L Sig P M This report requests that the City Council appoint applicants to City Commission offices for the Housing Commission. WNE-Ur -•� The Housing Commission consists of seven members who shall be designated as Commission Office Nos. 1 through 7. Commissioners of Office No. 6 and 7 shall be persons who are tenants of the Authority. Tenant Commissioner No. 7 shall be over 62 years of age. If a Tenant Commissioner ceases to be a tenant of the authority, the person shall be disqualified as a Commissioner and another tenant shall be appointed to fill the unexpired term. HOUSING COMMISSION VACANCIES As you may recall, at the regular meeting on January 16, 2013, the City Council appointed applicants for seats 1, 2, 3, & 5. Seat 4 was filled at that time and seats 6 & 7 were to be re-advertised due to a lack of qualified applicants for the tenant seats. The vacant seats were filled due to early vacancies. Therefore, terms for all seats expire at the same time, June 30, 2013. The following applicants confirmed their interest in the unrestricted Offices and have resubmitted applications requesting consideration of appointment to the Housing Commission: Braulio Oscar Marin INCUMBANT Eduardo Acevedo INCUMBANT John De Leon INCUMBANT Magda Torellas INCUMBANT Mario Betanco INCUMBANT Erminio Gonzales NEW APPLICANT Gloria Cevallos NEW APPLICANT Johanna Gaona NEW APPLICANT Kevin Luc NEW APPLICANT Liliana Ramirez NEW APPLICANT Maribel Aguirre NEW APPLICANT Oscar Joseph Prado NEW APPLICANT Otilia Garcia NEW APPLICANT Staff Report —Commission Appointments Page 2 Applicants for Open Tenant Commission Office 6 Luis A. Montano NEW APPLICANT (6) Although Mr. Montano is the sole applicant, it should be noted that he has been a participant with the BPHA since 2007 and has maintained a good standing with our agency throughout the years. Staff continuously conducts outreach and will accept applications for the Tenant Commission Seat #7, which is restricted to 62 year old or older member of public housing. Once applications are received, they will be presented to the City Council for consideration. BACKGROUND CHECKS Pursuant to City Council direction, all Commissioner appointments are subject to satisfactory backgrounds checks through the Department of Justice. The Commission Incumbents appointed in January 2013 have successfully met this requirement. Any appointed Commissioner that has not completed a background check within the past 12- months will be required to do so. TERMS In an effort to avoid a mass vacancy of commissioners again, with all terms expiring on the same date, on March 14, 2013, the Housing Commission approved revised By Laws establishing the below term schedule: Initial Year (starting July 1St, 2013) Office 1& 2 shall be for a one (1) year term; expiring June 30, 2014 Office 3, 4 & 5 shall be for a two (2) year term; expiring June 30, 2015 Tenant Offices 6 & 7 shall be for a three (3) year term; expiring June 30, 2016, and Staff Report —Commission Appointments Page 3 Staff recommends City Council to review all Commission applications, take nominations and adopt Resolution No. 2013-013 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING INDIVIDUALS TO THE HOUSING COMMISSION OF THE CITY OF BALDWIN PARK TO OFFICE NOS. 1, 2,3,4, 5, & 6," subject to satisfactory backgrounds checks through the Department of Justice, as follows: ATTACHMENTS Attachment A — Resolution No. 2013- 013 Attachment B — Housing Commission Applications — Non-Restricted Seats Attachment B — Housing Commission Applications — Tenant Seats 1; •° 1 RESOLUTION NO. 2013 -013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING INDIVIDUALS TO THE HOUSING COMMISSION OF THE CITY OF BALDWIN PARK TO OFFICE NOS. 1, 2, 3, 4, 5, & 6 WHEREAS, the Housing Commission consists of seven (7) members, including two members (Office Nos. 6 and 7) who are tenants of the Housing Authority. Office 7 is a tenant who is 62 or older; and WHERG4C vacancies - irrently exist in Office Nos. 1 -7' and WHEREAS, a public Notice of Vacancy was posted for a minimum of 60 -days at three locations within the city, was posted on the city's website and the Baldwin Park Housing Authority's facebook, and flyers were mailed to all Baldwin Park Housing Authority Housing Choice Voucher Program Participants. The deadline for submission was April 30, 2013. WHEREAS, the City Council desires to fill the scheduled vacancy of Office Nos. 1- 6; and WHEREAS, in accordance with Baldwin Park Municipal Code Section 32.52, appointments to Office Nos. 1 -6 is made and entered onto this resolution for a terms expiring in accordance to the respective term for each office. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. That the following are appointed as members of the Housing Commission and shall hold office at the pleasure of the City Council and serve for their respective term noted below: Section 2. That the City Clerk shall certify to the adoption of this Resolution and forward a copy to this resolution to all appointees and to the Housing Commission Secretary. Resolution R• . 2013-01j, Page 2 PASSED, APPROVED and ADOPTED this day of June 2013. ATTEST: STATE OF CALIFORNIA I COUNTY OF LOS ANGELES ss. CITY • BALDWIN PARK I 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council held on January _, 2013 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA, CITY CLERK 1 . � �. A P 2(11 131 (A separate affivinodaNuffy la N =4UNI'vu 1e ff PERSONAL INFORMATION: < M'7A 13 r"Z-A Name Residence Address— Length of time at this Address: E-mail address:— Home Phone No.— Cell/Message Phone No.—, Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Park? Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 tz) High School Graduate? G.E.D.? Name and Location of College or University Course of Study. Dearee EMPLOYMENT INFORMATION I EXPERIENCE: Name and Address of Employer(si Position Title T 6--_ E5 Dates of Employment— A5Sc)C11',1 VIE- REFERENCES: Please provide the names of two persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Name Address Phone No- PA IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?— If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLEDGEMENTICERTIFICATION: I understand that upon filing, this ap li I becomes a public record. I certify under penalty of perjury t aws of t State of California that the foregoing is true and ,Aorrect. Date Signature Do Not Write Below this Line - For City Use Only Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: F-1 v— F-1 Nn nnti-.- Term exi)ires: I I�CSIUcUUV VLII1IV1 — EM Commission Requested: TO -1 Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. , -Z 62F�,-J A 9WO "Y-/ /0 (20 M /" t S' 5 t(O x) k�E k ;ze-,CD i 4 Date:- Signature Length of time at this Address: ao E-mail address:., Home Phone Nc Cell/Message Phone No.— Are you 18 years of age or older? e S Are you registered to vote in the City of Baldwin Park? 1 51 Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? If yes, name of agency and position: o u C", I' E U kY 16 EDUCATION: G. E. D. Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 e High School Graduate? ) EMPLOYMENT INFORMATION / EXPERIENCE: Na REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected ol-Appointed uttictais anci wno can comment on your capabilities and character. _Phone No. IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. R THAN A MINOR TRAFFIC VIOLATION?_� 0 HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHE If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: qOlh r Date Do Not V Residency verification: ❑ Yes ❑ No Date: Residency verification: ❑ Yes ❑ No Date: Residency verification: ❑ Yes ❑ No Date: ACKNOWLEDGEMENT/CERTIFICATION- I understand t a Upon filing, this application becd es a public record. I certify under penalty I erju rider the laws of the jSde of CalifoTrA that the foregoing is true nd c� a ct. Signature wthisLina - ForGj Ljs�eorlly� Voter Registration Verification: ❑ Yes ❑ No Appointment date: Term expires: MY Ju Use this apao - – '– ' — ~'–� ' and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. IL y Notice: Please be advised that you and your qualifications may be discussed bv the City Council atanopen meeting. This Application and Statement Of Qualification will be kept on file for two (2) years, During bh/stime, should a vacancy occur /n the commission for which you have requested oonsidenationofappo/nbnent,yourepplication will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. PERSONAL INFORMATION: NameJohn de Leon Residence Addresz,— Length of time at this Address:2 Years E-mailaddress. Home Phone Nc, Cell/Message Phone No. Are you 18 years of age or older? Yes Are you registered to vote in the City of Bald win Park?Yes YEM� Do currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park?' > you If yes, name of agency and position: Housing Commission, Commissioner EDUCATION: Yes Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? G.E.D.? rl--) IN'.) Ell k-li�- Name and Location of College or University Course of StudV e j 5, U�a EMPLOYMENT INFORMATION EXPERIENCE: Name and Address of E,rppjover(s) Position Title Dates of Employment AtVe,)CA cce-se.,A REFERENCES: Please provide the names of two persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Name Address Phone No. Khiem Nguyen Andy Nguyen IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. No HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLEDGEMENTICERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 4/22/2013 Date Signature Do Not Write Below this Line - For City Use Only Residency verification: El Yes 1:1 No Date: Voter Registration Verification: El Yes 0 No Residency verification: El Yes El No Date: Appointment date: Residency verification: El Yes 1:1 No Date: Term expires: John de Leon Housing Commission Requested: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. 5 � (-, U CP de ro OA 0,1 I I - A-11 - �, (!,f- �.) . L, e-�, r -,A- A !,A(?, 0 l-J <-, 0 " "" � if-ce -k-) .--- �22 A ejj,�, - -V,\ C', " - ate"" ®� 6'0,.A 1, , - Me'A4— - f, IA-AA--�— W, �� V"k,-, (- t I "V,% t-W 'VIV A A Ik A, -VY-q �A-A- OkA,p, f Y wd- K cz fi V eA A Date: (tk Sign;#Ure Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. A se araE-' d n ;d&#vII IJ I— area .... ._ _ AL PERSON 'NF OR MA ION: �j Name r-1 _ ,�1 K .`. Residence Address F aALp�pN ��'+ EgK,S DEFT fit_ Length of time at thjs- Address: %E-mail address:, ;I Home Phone No._ Cell /Message Phone Are you 18 years of age or older? _ Are you registered to vote in the City of Baldwin Park? Do you currently serve as an elected or ppointed official for any board and /or agency within the City of Baldwin Park? If yes, name of agency and position: J40o Cr3 YTI I�51 e EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 1 102 High School Graduate? G.E.D.? Name and Location of College or. Universitv Course of Study bi Degree EMPLOYMENT INFORMATION / EXPERIENCE: Name and Address of Employer(s) Position Title Dates of Employment 82 — i '7L15' REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. - �� Po-No. N me _ress Phone _ __._ _._._. _ V6' IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. 9� HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: ACKNOWLEDGEMENT /CERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date aLt e Do Not Wr' ite Below this Line - For C4` Only Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date:------ Appointment date: Residency verification: ❑ Yes ❑ No Date: Term expires: Name Commission Requested: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. 14 +1 vp, cos v) rn,(L;3�c ' Date: - J P , -4� i ; a I r czj evalril F Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. PLEASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF I .I `t '(3 pA APPLICATION FOR CITY COMMISSION HLMiAN RLESOU ECG �-� nP:p-i A UTILITY BILL AND 0 E-_ A COPY OF YOUR IJ 'R C ON PHOTO ID STATEMENT OFU F CATI S Z013 APP, 30 n ME y"', t S 110 v ----------- APPLICATION IS FOR THE FOLLOWING COMMISSION 0� i An (A separate, application is required for each commission) V1 -3 ALD�\ PAR PERSONAL INFORMATION: cjv Or. E A'R-fM1-'NT GfN CLERK'S DEP Name a i'_' L'*j Residence Address AE)MiNibi AM--, Length of time at this Address: E-mail address: P. Home Phone No. Cell/Message Phone No..., Are you registered to vote in the City of Baldwin Park r 4-1 Are you 18 years of age or older? -------- Do you currently serve as an elected or appointed offi for any board and/or agency within the City of Baldwin Park? ?,e!� If yes, name of agency and position: 1111" , EDUCATION: Circle Highest grade y ou completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? G.E.D.9- RTT��r INFORMATION / EXPERIENCE: I . % Name and_Address of Emplover(s) Pnq1T1c)n i me REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed officials and who can comment on your capabilities and character. Phone No. vvm_% N IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION7_ _N0 HAVE YOU EVER BEEN CONVICTED OF A FELONY OR If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: Date Residency verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No ACKNOWLEDGEMENTICERTIFICATION: I understand that upon filing, this pplication c mes a public record. I certify under penalty of perjury u e [a S oLCalifQrnia that the foregoing is true and correct. Signature _dot -W(ite-Below this Line - For City Use 0"Iny Date: Voter Registration Verification: ❑ Yes ❑ No Date: Appointment date: Date: Tenn expires: - Name Commission Requested: 9USIVII L-Wmnls6ov) \j .1 I - L --t- - '— "-I 4o reloe-kr2l r- h-T bVVY Ls S ne 11 31 Date Si re Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years, During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. PLEASE ATTACH A CITY OF AL III PA ('J :e. i "E . CURRENT COPY OF APPLICATION FOR CITY COMMISSION A UTILITY SILL AND t l" ia' "lix.j s AK And A COPY OF i Our STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: L "11mm is-n ¢'u ` �~ A separate application is required for each commission PERSONAL INFORMATION: Name 25 R M I I ( 60— Residence Address_ Length of time at this Address: r`" E -mail address: Home Phone No _ Cell /Message Phone No. Are you 18 years of age or older? c-1 Are you registered to vote in the City of Baldwin Park? Do you currently serve as an elected or appointed official for any board and /or agency within the City of Baldwin Park? If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? G.E.D.. EMPLOYMENT INFORMATION / EXPERIENCE: 6"Ifroa/, itle Dates of Employment pggq -:I 0Sr6l"4d 0 U Q —'1'79 REFERENCES: Please provide the names of two ( @} persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Address _ Ph __ one No Name - - rim IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: ►mil �t �s Residency verification: ❑ Yes Residency verification: ❑ Yes Residencv verification: ❑ Yes ACKNOWLEDGEMENTICERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under penalty of perjury under the laws of the State of California that the foregoing :1s true and correct. S Ignature _ Do Not Write Below this Line - For City Use Only --- ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No ❑ No Date: Appointment date: ❑ No Date: _ Term expires: Commission Requested: '' -- Name MW ME Use this up000 to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. P|euoo include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. z I WA In x/w Date:-- ignature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will ba kept on file for two (2) years. During this time, should a vacancy occur /n the commission for which you have requested consideration ofappn/nbnent,yourepp//oeoon will be included in the pool of applicants provided however, that you submit current proof of residency ot the time nt proof of residency with each recruitment, will invalidate this of said recruitment. Failure /o provide cune application. PLEASE ATTACH A CITY OF BALD WIN PARK CURRENT COPY OF APPLICATION FOR CITY COMMISSION A UTILITY BILL AND And 'ji.NOV26 FW084 A COPY OF YOUR STATEMENT OF QUALIFICATIONS PHOTO ID APPLICATION IS FOR THE FOLLOWING COMMISSION: ---J (A separate application is required for each commission) PERSONAL INFORMATION: /0-5 Name A- / A C,6164 Residence Address_-.,—,— 4L Length of time at this Address: E-mail address:—,r Home Phone No.. 19 Cell/Message Phone N Are you 18 years of age or older? X ✓ Are you registered to vote in the City of Baldwin Park? Do you currently serve as an elected or appointed official for any board andlor agency within the City of Baldwin Park? If yes, name of agency and position: - - - -.— EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 0�1 12 High School Graduate? k) G.E.D.? Name and Location of College.or University Course of Study Degree f EMPLOYMENT INFORMATION I EXPERIENCE: Name and Address of Emplover(sl_ Position Title Dates of Employment REFERENCES: Please provide thie- 11dilles of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Address Phone No. Name CA- IMPORTANT: tt/ /ad the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CON—VI-CTED-0 OF FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? X" " P -',JJapd plac of offense(s), and sent If yes, 1-(%—se r4 ence/fine received: -3 Irate gal �4 ACKNOWLEDGEMENT /CERTIFICATION: I that upon filing, this application becomes a public record. I certify understand under penalty of perjury under the laws of the State of California that the foregoing A u is true and correct. gnature at Do Not Write Below this Line - For City Use Only Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date:_ Appointment date: rI — — Term exnires: Residency veritication: L-J X Cs L-j ilitj Lai.. &-19 5 Commission Requested: Name _(� �- ��/ I- �-C Use this apooa to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. Date: Signature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open nnenbno This Application and Statement of Qualification will be kept on file for two (2)! years. C>urinDbh/sbme,shou/de vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof nf residency a/the time mf said recruitment Failure to provide current proof of residency with each recruitment, will invalidate this application. 0 i{ � e.3 1 j' h d i c PERSONAL INFORMATION: Name Residence Address Length of time at this Address: E -mail address: Home Phone No. Cell /Message Phone No._ Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Park? f✓ s Do you currently serve as an elected or appointed official for any board and /or agency within the City of Baldwin Park ?___ If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? G.E.D.? l� Name and Location of Colle e or University Course of StudV Deciree ) ►4 -rt,e.s A- -Ile 5s0 � EMPLOYMENT INFORMATION / EXPERIENCE: Mama and Address of Emplover(s) � Position Title Dates of Em to ment REFERENCES: Please provide the names of two ( @} persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Name Address _ _ Phone No._ /q g IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: ACKNOWLEDGEMENTICERTIFICA.TION: I understand that upon filing, this application becomes a public record. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. rr Date Signature Do Not Write Below this Line -. For City Use Only Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verification: ❑ Yes ❑ No Date: Term expires: N a m Commission Requested: ,a gmlv Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. FAN ,2 11W, IN rel" 1 L4 a-D �WbIL -S o-s--�k6W(-eoCe Date: I 1 7�0 Signature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. I C� I APPLICATION IS FOR THE FOLLOWINO COMMISSION: (A s�parate application is reguired f 02ch commisslon) PERSONAL INFORMATION' Name V(ij Rn-idonfm Address A 011gth Of tirnA At this Address'— Z__ , E-mail address: Horne Phone NG, cell/Message Phone No- in Park? Are., you 18 years of age or older? Are you registered to vote in the City of Baldw ot, y�)Lj (-tjrr6r)tiy serve as art elected or appointed official for any board and/or agency Within the City of Baldwin Park? If yes, ,,, nAmo of agency and position: EDUCATION: (11rrin Winhn-,f orit-M vou comr)leted; 1 2 3 4 6 6 7 8 9 IQ 11 12 High School Graduate? P. 1/2 Rr-FERENCES., Please provide the names of two ((g) persons, who are j)oj City of Baldwin Park Elected or Appointed Officials and can cornMent on your capabilities and charocter- N the following carefully and answer completely. A conviction is not all ,)utomafjo bar to appointment. Eachcase is I I i YO , I R MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? .;.CQ.NVICTE OFAFELONYO enses., dolt ni�d place of offense(s), and sentence/fine received: )ft 0 � � __4 12-- Date Rcsidcncy vecirication: ❑ YeS EI No CDate:® ACKNOWLEDC;EMEN'tiCERTiF[CATION,' I understand that upon filing, thin applicolion beconIOS a public record. I mortify tinder penalty of perjury under 010 laws of the SWO Of CglifOMIO th-It thB'f0r000'r)9 is true and correct. nature 0 Voter .f egisl[Tat I Oil VclifI"t'": Yes . No AppQi1atmcril date", t ()11: No Date, Residency verifica 1 Torn cNpirex. es Ll yes I' No Dite: NOO-26-2012 10:25 From:/ 000000000 To: 263719240 P.2/2 Commission Raquested Norne MY LIM Use this space to list your goals and objectives and why you fOOI You should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council In consideration of your appointment to this commission. moll Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open ryteeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you subunit ourrent proof of residency at the time of said recruitment. Failure to provide current proof of residency with each rccrtfitmant, will invalidate this application. PLEASE ATTACH A CITY OF BALDWIN PARK I CURRENT COPY OF [ON FOR CITY COMMISSIOIA' A UTILITY BILL AND APPLICAT And A Copy OF YOUR PHOTO ID STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: Y. REmp uvp NOV -1 o 2011 CITY OF t3A PERSONAL, INFORMATION: Name iiliana Ramirez Residence Address�--- Length of time at this Addr6ss*-� -Yeax$ E-mail address* None Commiessage Phone No Home Phone No. Yes Yes Are you registered to vote in the City of Baldwin Park?------=- -. Are you 18 years of age or older? Within the City of Baldwin Park? -- No no you currently serve as an elected or appointed official for any board and/or agency if yes, name of agency and position: G.E.D.?-�_ EDUCATION' t-tigh School Graduate? ye a ircle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 e Name and -_ of Collece or Universit Location - ��n3 Ad stration masters ty I Jc Public Administration 'a Northridge University Cal State Northridge UniversitY INFORMAT EMPLOYME ION I EXPERIENCE: NT Dates of'Em I me 70 PositionTitie AAAI.aQ of 1--MD10Vb1 Name and `0 March 2003 Acting Pr grafil Assi�tant d or Appointed Officials and who R I EFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Electe can comment on your capabilities and character. Pauline Ogata IMPORTANT-. Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. MEANOR OTHER THAN A MINOR T RAFFIC VIOLATION? HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDE if yes, Please list all offenses, date and place of offense(s), and sentencelfine received: ACKNOWLEDGEMENTICr=R-riFICA'nON: record. I certify I understand that upon filing, this application becomes a public under penalty of perjury under the laws ofthe State Of California that the foregoing is true and correct. 11 Date' 40d 'ignature Do Not Write Below this C1 No ------- voter Registration verification: 13 Yes IResidency Verification: El Yes ❑ No Date Residency verification: ❑ Yes ResidenavveTification' Dy0s ❑ No bate: F1 No Date- Appointment date: 'Tenn expires: The education and experience through my current employment have provided me with insight and knowledge that the city council and residents of Baldwin Park will benefit through my appointment into the commission- T am representative of the community and . can represent -the majority Of residents within the city. I am a homeowner, a divorced, single-parent household, raising two daughters. I have experience working with the community and with individuals ranging from Community advocates, to community and. faith based organizations, and I also have experience working with public service agencies. 8ome,of the projects that I have worked on through Recovery and Re- Investment Act 2009, Transitional subsidized my current assignment are American Employment for Youth in GROW Program, Homelessness Prevention and Rapid Re-Housing Program for Transitional Age Youth in GROW Program and recently assisted impacted GROW programs as a result the restructuring of the General Relief Program. Baldwin Park needs individuals with this experience at the forefront , of their city's decision-making. Date: 0 oqq ji.alwe'gg Notice: Please be advised that you and your qualifications maybe discussed by the City Council at an open meeting. This Application a . nd Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. � Se drd rea rar��e ®5✓ %/ sa ,� ee®e.ecm , m«r .w�.e.. v, . '.PERSONAL 'INFOR AT CSN:.. �� d A iV Name1 � Residence Address" - Length of time at this Address: E -bail address: — - Horne Phone No _ Cell/Message Phone No,— .Are you 18 years of age or;otdar?. J. li = . Are you, registered to vote in the City of Baidwin hark` ? ?_ �"r Do you currently serve as an elected or appointed official, for any board and /or agency within the City of Baldwin Park? If yes, name of agency and position: EOUCATtON: i Circle Highest grade you completed:.1 ? 3 4 5 � 6 i 8 9 ,10 11 12 High School Graduate? hfain__ and Location of College or University C Course of Stody D De ree EMPLOYMENT INF®RMATION 1 tXPERIENCE: Naa and Arlrlra�c r,f Fmnlnver(s) _ P Position Title a ates��of Em to ment '. ® 2- �. REFERENCES' Please provide the names of two (@_) persons, who are not City of Baldwin Park Elected or Appointed Officials and who '.can' camrrtent on your c8pijbilities and character: '. . A 44 Phone-No. t . . ' O A6%� t L IMPORTANT. Read:th®following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its'individual me.rlts: BEEN CONVICTED OF A FELONY OR MISDEMEANOR. OTHER THAN A MINOR TRAFFIC VIOLATI ®N? , HAVE YOU EVER B ACRNDWLE ®GEMENT /CERTIFICATION. '1 understand that upon filing, this application becomes a public record., I certify _ under penalty of perjury under the laws of the state,of California that the foregoing is true and correct. Date�7 EJ.No Residency verification:. 11. I'es ❑Ida . Dafe:. Voter R �gistr ti no Ven cation; ❑Yes E Date' Appoinfrxsent ate: Residency vciification :. ❑ales ❑ No :Nov . 2 Nov P":. 2012 Ss LIfETOUCH NSS 162SS?77061 Name Commission Requested: -V.. -, cGi� 1d cCs y�- �2yey� iVL (earbci 6. -7 Ir Dale ignatur Notice:*.Ptease b . e advised that you and your qualifications may be discussed by the City Council at an open.. m0eting.:' This Ap'plibation and Statement of Qualification will be kept on Me for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be inc' laded it i the pool of applicants provided however, that you submit current proof of residency at,the time ofsaid recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. A se adraiy d 11E;dLause ®a lt;Ljuil u PERSONAL INFORMATION: Name C,,5CAe 'J0S�� Residence Address Length of time at this Address: o2 % RS.E -mail address: W Cell /Message Phone N, Home Phone No. -- ° Are you 18 years of age or older? �� Are you registered to vote in the City of Baldwin Park? Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? /JV If yes, name of agency and position: EDUCATION: r Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? ! si6'"3 G.E.D.? Name and Location of College or University Course of Study Degree �] EMPLOYMENT INFORMATION / EXPERIENCE: `�a �,•y t`:� Name and Address of Employer(s). Position Title Dates of Em to ment f ssr 3 .» the two ( @) who are not City of Baldwin Park Elected or Appointed Off i is and q REFERENCES: Please provide names of persons, can comment on your capabilities and character. Name ! PZ .56:C Address __ Phone No. x.6-10.® X&N-r- IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. THAN A MINOR TRAFFIC VIOLATION? HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: ACKNOWLEDGEMENTICERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under p alty of perjury under the la of the State of California that the foregoing is tru and c rrec Date Signature Do Not Write Below this Line - For City Use Only Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date:______ Appointment date: Residency verification: ❑ Yes ❑ No Date: Tenn expires: Name �S �4i� �`4 Commission Requested: l T ®��� �° (� //,2,3, Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. ti WkMAO r , WMWAIN Date: 4ignature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this application. PLEASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF APPLICATION FOR CITY COMMISSION A UTILITY BILL AND And ACOPYOFYOUR — —PHOTO ID— -5 STATEMENT OF QUALIFICATIONZ NOV 28 Pfllih APPLICATION |SFOR THE FOLLOWING COMMISSION: -----�' (A separate application is required for each commission) PERSONAL INFORMATION: Residence Add _ Len3thofUmeatthis Address: E-mail address: ' CelNNoosagePhuneMo.— Home Phone No._ _ Are you 19 years of age orolder? Are you registered 0o vote in the City of Baldwin p Do you currently serve ospnelected or appointed official for any board and/or agency *!thin the City or Baldwin Park? |f yes, name of agency and position: EDUCATION: | t d� 1 2 3 4 5 0 7 0 9 10 11 High School Gmdu�e? G.e.o./______—_ Qnc|oHighest grade you oomP** � EMPLOYMENT INFORMATION /EXPERIENCE: Name and Add ess, / ` — ~ �m n� �B�w���Bo�d�A�o��O���m�w� REFERENCES: P�anopmv�o�*nom*oof�nk�)pomon� are u� can comment on your capabilities and character. 0. Nlla 1"N r — " | " mms�cuartoapp�in�`��� �echcuso IMPORTANT: Read mol�{o�ngoam�/| yand uoowe «nmp|omi� �oonvmUun��cuonau � �\f� /���� «o»sid«md»n its indi»�«�m»ht�TEDOFAFELONYQR0|�DE�EANOROTHERTHANA�!NORT�AFFi�ViQLAT|ON?_��L�� HAVE YOU EVER BEEN com»/C |f yes, please list all offenses, date and place ofoffeno*(o). and sentence/fine received: «oxwoWLsooEMEmTICsxnpIC*zmm: becomes public record. /oem� this under penalty of perjury under the laws of the State of California that the foregoing is true and cor(Tect,,_ Ao Signature Date Do Not Write Below this Line - For City Use 0 1 ter Regis atior, Verification: El Ycs Residency verification: 1:1 Yes 1:1 No Date:--- Vo ) 11 Residency verification: El Yes 0 No Date: Residency verification: 0 Yes El No Date: Term expires - Commission Requested:' "ITS, 6 Nam STATEMENT OF QUALIFICATI Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. aft � - � *� 1'4-� - �,Q -Pa ('42 f n { ' _ -T-_ ` Oen+ ---T--� ' / nK�/�`/`� � ���� .�Or K » � � p ~ —` / ^ ' �� �� Signature �� �� «� 1 IS 13,-W � /_ V atl Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will bmkeotonf�e for two C8years. Du/�«Jthis t��e,ahouk/o vacancy occur in the connnn/as/onfor which you have �q'eubadoonoide onnfappo/nhnmn�yourapp�«o�nn wi0b: included /n the pool ofapp�cants provided however, that you submit current proof of residency ot the time ofoeldrecruitment. Failure b7provide current proof n residency with each recruitment, will invalidate this application. 1 �9 « PLEASE �TTACI-I A CITY OF BALDWIN PARIS CURRENT C PYOF APPLICATION FOR CITY COMMISSION A UTILITY BILL AND And A COPY OF YOUR PHOTO STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: - -- A separate application is required for each commission) PERSONAL INFORMATION: Name L ,J7s - 0 Residence Address_ _ Length of time at this Address:–J�-- LNE -mail addres Home Phone No. - Cell /Message Phone No. Are you 18 years of age or older? 'i — Are you registered to vote in the City of Baldwin Park? Do you currently serve as an elected or appointggg d o iaa�l for nny board _and /or agency within the City of Baldwin Park? If yes, name Of ananry and, _j _ EDUCATION: 7 Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 High School Graduate? r G.E.D.. Name and Location of College or University Course of Stu iv Degree EMPLOYMENT INFORMATION / EXPERIENCE: Position Title Dates of Em to m Name and Address of Emoloyer sv' REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Oia(s anfliwi9 can comment on your capabilities and character. "> r� 7' Name - -- Address Phone No. IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. , 7111 ��. „ s,a �, I I"A'- HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THANI A N0R Ta`araF aC nl�.� va�� If yes, Please list all offenses, date and place of offense(s), and sentence /fine received: l s'� 7E? .� T- Y ACKNOWLEDGEMENTICERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under penalty of pe jury under the laws of the State of California that the foregoing l % is true d //3correct Date Signature „. 06 Not<1�Irife,B lo�ni ti is Line =_For G ` We"',0ni Residency verification: ❑Yes El Date: _ Voter Registration Verification: El Yes El NO Residency verification: ❑ Yes ❑ No Date: -- Appointment date: r r1 T Tf-..rm exnires: Residency ventcation: u s us u INV �u �• ~ Comniuo�nKequoo�m Na =~ —till Date: j-,, �le- P- ea,,f ---�-A A ature Notice: Please beadvised that you and your qualifications . bo discussed by the City Council at an open meeting. This Application and Statement o/ Qualification will bo kept nnRe for two (2) years. During 0/ntime, should a vacancy occur /n the commission for which you have requested consideration ofappo/nbnentyourapplicobbn will ue included /n the pool ofapp�mnto provided however, that you subn�cunentproof of residency at the bm e of said recruitment. Failure to provide current proof mf residency with each recruitment, will invalidate this application.