The estimated cost to prepare this report is $175.
Recommended Action:
Approve a Professional Services agreement with Avenu Insights & Analytics in an amount not to exceed $157,625 for a three-year period.
Attachments:
A. Professional Services Agreement with Avenu Insights & Analytics B. Proposal
C. Levine Act Statement
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AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR
THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective upon signature, by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E 6st St, Beaumont, California 92223 and, a Avenu Insights and Analytics, whose address is 5860 Trinity Parkway, Suite 120, Centreville, VA 20120 ("CONTRACTOR").
RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:
A. CITY desires to engage CONTRACTOR to provide Tax Compliance Auditing Services; and
B. CONTRACTOR has made a proposal ("Proposal") to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit "A" and incorporated herein by this reference; and
C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows:
1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after three (3) year(s) unless extended by the parties with the approval of the City Council of the CITY. The parties agree that CITY shall have the option, but not the obligation, to extend the term of this Agreement for the two (2) additional extension period of one (1) year each. CITY shall exercise its options to extend the initial or extended term by providing written notice to CONTRACTOR of the extension, which notice shall be deemed an effective amendment of the Agreement for that purpose.
2. Services to be Performed. CONTRACTOR agrees to provide the services ("Services") per Exhibit "A". All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. CONTRACTOR designates Rachelle Arizinendi as CONTRACTOR'S professional(s) responsible for overseeing the Services provided by CONTRACTOR.
3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however,
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that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY.
4. Compensation.
4.01 CONTRACTOR shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by CITY to CONTRACTOR under this Agreement shall not exceed One Hundred Fifty -Seven Thousand Six Hundred Twenty -Five dollars ($157,625).
4.02 CONTRACTOR shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the CITY, in writing.
4.03 CONTRACTOR shall submit to CITY, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The CITY shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. CITY shall have the right to review and audit all invoices prior to or after payment to CONTRACTOR. This review and audit may include, but not be limited to CITY' s:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If CITY determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, CITY shall either return the bill to CONTRACTOR with a request for explanation or adjust the payment accordingly, and give notice to CONTRACTOR of the adjustment.
4.04 If the work is satisfactorily completed, CITY shall pay such invoice within thirty (30) days of its receipt. Should CITY dispute any portion of any invoice, CITY shall pay the undisputed portion within the time stated above, and at the same time advise CONTRACTOR in writing of the disputed portion.
5. Obligations of CONTRACTOR.
5.01 CONTRACTOR agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement or contain additional terms that purport to bind the CITY other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.
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5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all personnel, materials and equipment required to perform the Services. CONTRACTOR shall provide its own offices, telephones, vehicles and computers and set its own work hours. CONTRACTOR will determine the method, details, and means of performing the Services under this Agreement.
5.03 CONTRACTOR shall keep CITY informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by CITY, CONTRACTOR shall prepare written status reports.
5.04 CONTRACTOR is responsible for paying, when due, all income and other taxes, fees and withholding, including withholding state and federal taxes, social security, unemployment and worker's compensation, incurred as a result of the compensation paid under this Agreement. CONTRACTOR agrees to indemnify, defend and hold harmless CITY for any claims, costs, losses, fees, penalties, interest, or damages suffered by CITY resulting from CONTRACTOR's failure to comply with this provision.
5.05 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.
5.06 CONTRACTOR represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event CITY is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity.
5.07 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States.
5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any Ca1PERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY's advance written approval.
5.09 Drug -free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug - free workplace.
5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the
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Services authorized hereunder.
6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal -OSHA.
Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit "B" are copies of Certificates of Insurance and endorsements as required by Section 7.02. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.
CONTRACTOR shall provide the following types and amounts of insurance:
6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; CONTRACTOR agrees to have its insurer endorse the general liability coverage required herein to include as additional insured's CITY, its officials, employees and agents. CONTRACTOR also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.
6.02 Business Auto Coverage in an amount no less than $1 million per accident.
If CONTRACTOR or CONTRACTOR's employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person.
6.03 Workers' Compensation coverage for any of CONTRACTOR'S employees that will be providing any Services hereunder. CONTRACTOR will have a state -approved policy form providing statutory benefits as required by California law. The provisions of any workers' compensation will not limit the obligations of CONTRACTOR under this Agreement. CONTRACTOR expressly agrees not to use any statutory immunity defenses under such laws with respect to CITY, its employees, officials and agents.
6.04 Optional Insurance Coverage. Choose and check one: Required X /Not Required _; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any Services for CITY.
7. General Conditions pertaining to Insurance Coverage
7.01 No liability insurance coverage provided shall prohibit CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR waives all rights of subrogation against CITY regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise.
7.02. Prior to beginning the Services under this Agreement, CONTRACTOR shall furnish CITY with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.
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7.03. All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of "A:VII"). The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.
7.04 Self-insurance does not comply with these insurance specifications.
CONTRACTOR acknowledges and agrees that that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, shall apply first and on a primary, non- contributing basis in relation to any other insurance, indemnity or self-insurance available to CITY.
7.05 All coverage types and limits required are subject to approval, modification and additional requirements by CITY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect CITY's protection without CITY's prior written consent.
7.06 CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against CONTRACTOR or arising out of the Services performed under this Agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
8. Indemnification.
8.01 CONTRACTOR and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by CONTRACTOR or any subcontractor or agent of either as set forth herein.
Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to CITY.
CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set forth herein.
a. To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless CITY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by CITY, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement.
CONTRACTOR's obligation to defend, indemnify and hold harmless shall include
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any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR's agents and/or employees) is alleged to be an employee of CITY.
All obligations under this provision are to be paid by CONTRACTOR as they are incurred by CITY.
b. Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely to the fault of CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.
c. Unless otherwise specifically enumerated herein mutually agreed between the parties, neither party shall be liable to the other for special, indirect or consequential damages, including lost data or records (unless the CONTRACTOR is required to back-up the data or records as part of the work plan), even if the party has been advised of the possibility of such damages. Neither party shall be liable for lost profits, lost revenue or lost institutional operating savings.
9. Additional Services, Changes and Deletions.
9.01 In the event CONTRACTOR performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of CITY, CONTRACTOR shall not be compensated for such services.
CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing.
9.02 CONTRACTOR shall promptly advise the City Manager and Finance Director of CITY as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the CITY and/or City Council.
10. Termination of Agreement.
10.01 Notwithstanding any other provision of this Agreement, CITY, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days' written notice to CONTRACTOR.
10.02 In the event of termination, the payment of monies due CONTRACTOR for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement.
Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY.
11. Status of CONTRACTOR.
11.01 CONTRACTOR shall perform the Services in CONTRACTOR's own way
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as an independent contractor, and in pursuit of CONTRACTOR's independent calling, and not as an employee of CITY. However, CONTRACTOR shall regularly confer with CITY's City Manager as provided for in this Agreement.
11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY's employees, including disability or unemployment insurance, workers' compensation, retirement, Ca1PERS, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, disability, unemployment, workers' compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.
11.03 CONTRACTOR hereby specifically represents and warrants to CITY that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of CITY and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the CITY is located. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement.
12. Ownership of Documents; Audit.
12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of Services performed for the CITY shall become the sole property of CITY, and CONTRACTOR shall promptly deliver all such materials to CITY upon request. At the CITY's sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions to CITY upon request, at no cost to CITY.
12.02 Subject to applicable federal and state laws, rules and regulations, CITY shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not such use data or documents for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of CITY.
12.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY's agents for examination all of such records and shall permit CITY's agents to audit, examine and reproduce such records.
13. Miscellaneous Provisions.
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13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by CONTRACTOR for CITY and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.
13.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of CITY. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.
13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY's conflict of interest policy.
13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and costs, in addition to any other relief to which that party may be entitled.
13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in Riverside County, California.
13.06 CONTRACTOR covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder.
CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.
13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. CONTRACTOR agrees that they are unaware of any financial or economic interest of any public officer or employee of the CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the CITY may immediately terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.
13.08 Improper Consideration. CONTRACTOR shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the CITY in an attempt to secure favorable treatment
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regarding this Agreement or any contract awarded by CITY. The CITY, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the CITY with respect to the proposal and award process of this Agreement or any CITY contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any CITY contract has been awarded. CONTRACTOR shall immediately report any attempt by any CITY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR.
13.09 Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.
CITY: CONTRACTOR:
CITY OF BEAUMONT AVENU INSIGHTS
By: By: QPau,2 "Ve&
David Fenn, Mayor
Date: Print Name: Paul Colangelo
Title: ceo
ATTEST:
By: Date: 7/15/2024
Nicole Wheelright, Deputy City Clerk
APPROVED AS TO FORM:
By:
John O. Pinkney, City Attorney
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EXHIBIT "A"
PROPOSAL
(insert behind this page)
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EXHIBIT "B"
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
(insert behind this page)
AVE N U
INSIGHTS & ANALYTICS
CITY OF BEAUMONT, CA
PROPOSAL FOR
TAX COMPLIANCE AUDITING SERVICES
of 805
April 24, 2024 (v2)
Submitted By:
Avenu Insights and Analytics
5860 Trinity Parkway, Suite 120
Centreville, VA 20120
Attn: Rachelle Arizmendi, Account Executive
(213) 200-6376 lif
[email protected]
www.avenuinsights.com
AA V E N U
INSIGHTS & ANALYTICS
A. TABLE OF CONTENTS
A. TABLE OF CONTENTS
B. EXECUTIVE SUMMARY
B.1 Firm's Qualifications
B.2 Management and Staff Qualifications
C. SCOPE OF WORK
C.1 User Utility Tax (UUT)
C.2 Franchise Fee
C.3 Transient Occupancy Tax (TOT)
C.4 Business License/Business License Tax
C.5.Payment Processing Services
TAX COMPLIANCE AUDIT SERVICES
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B. EXECUTIVE SUMMARY
TAX COMPLIANCE AUDIT SERVICES
B.1 FIRM'S QUALIFICATIONS AND EXPERIENCE
Founded in 1978, Avenu, LLC., a subsidiary of Avenu Insights & Analytics, LLC is a privately -owned revenue enhancement services company that specializes in helping municipalities and public agencies across the nation to preserve, enhance, and manage their tax revenue base. Avenu has a Revenue Enhancement team of more than 150 auditing experts, Certified Public Accountants (CPAs), Certified Revenue Examiners (CREs), and Certified Tax Examiners (CTEs), Audit Managers, and Analysts. Avenu has over 700 employees nationwide supporting hundreds of clients across the United States.
Avenu, LLC, a subsidiary of Avenu Insights & Analytics is Registered and Licensed to practice in CA.
Avenu' proposed work on behalf of the City will be built on our experience statewide and nationwide. Per Year, Avenu generates over $1 billion in new general fund tax revenue for its local government clients. Avenu has focused their business on providing comprehensive audit services, proprietary data analytics, accurate forecasting, cost-effective administration services, and coupled with our commitment to our clients.
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4 Figure 1 - With Blue Dots representing clients and red dots representing Avenu offices, we have a national footprint capable of continuing our support of the City.
Avenu is uniquely qualified to provide the City with the requested services:
• Four Decades of Experience. For over 40 years, Avenu has been an industry leader in the field of Sales and Use Tax Auditing and Reporting, and our refined
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TAX COMPLIANCE AUDIT SERVICES
and proven approach and methodologies are a direct result of these decades of experience.
• Proven Results. Avenu offers the City a partnership that will provide the City with significant results. Avenu has recovered over $2 billion in Sales, Transaction and Use Taxes for our California clients.
• Government Relations Support. Avenu offers the City the support of our Government Relations and Legislative team as a complimentary service, which solely focuses on government activities that may potentially impact California - specific tax types.
• Sales, Transaction and Use Tax Auditing Experts. Avenu submits over 5,000 corrections per year to the CDTFA and has a team of Certified Public Accountants (CPA), Certified Revenue Examiners (CRE) and audit managers, with decades of experience in the intricacies of sales tax regulations and anomalies to detect potential filing errors for our clients. • Firmly Established throughout California. We know California. We were founded in California, and we currently provide revenue consulting services to over 350
• Annualized Subscription for a Comprehensive Audit Plan. In addition to charging the City a Contingency Fee for revenues recovered, Avenu is including an Annualized Subscription for a Comprehensive Audit Plan that INCLUDES UUT (Utility User Tax) program, Franchise Fee Program, Transient Occupancy Tax (TOT), Audit BLT (Business License Tax) Program, Local Tax Compliance (Discovery and Recovery) of Business Licenses, and Payment Processing for an Annual Subscription Fee.
B.2 MANAGEMENT AND STAFF QUALIFICATIONS
Avenu has an extensive and cohesive team of experts that consists of Certified Public Accountants (CPAs), Certified Tax Examiners (CTEs), Certified Revenue Examiners (CREs), Audit Managers, and Analysts. This team is directly responsible for the tremendous successes past performance. Below, we offer the City our team's summary biographies:
Mike Portis, CPA, Vice President of Audit
As Avenu's Vice President of Audit, Michael leads Avenu's Revenue Enhancement Group, which consists of a full suite of compliance auditing across several tax types.
Michael is a Certified Public Accountant in both Texas and North Carolina and is a U.S.
Army Veteran. Mr. Portis is a Certified Fraud Examiner (CFE) and is responsible for the overall performance of this contract and supervising Avenu's Hotel Occupancy Tax
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team. Michael has 25 years of direct experience in tax auditing and has served in several key positions for some of the largest tax firms in the United States. Prior to joining Avenu, Michael served as a Director of Tax and Unclaimed Property and Tax Manager for ApexAnalytix. Michael served as Senior Tax Manager for EY, Revenue Field Auditor II for the North Carolina Department of Revenue, State Tax Consultant for Enron, and Supervising Senior Tax Consultant for KPMG. Education: Doctor of Jurisprudence from University of Houston Law Center and Bachelor of Business Administration in Accounting from University of Texas at San Antonio.
USER UTILITY TAX AND FRANCHISE AUDIT TEAM
Thomas Adams, Client Services Executive
Tom has over 20 years of experience in municipal government including work for the City of San Jose, the City and County of San Francisco, and the City of San Rafael.
Most recently, Tom worked on redevelopment and economic development projects for over twelve years. Tom has extensive experience working on auditing user utility taxes and franchise fees, sales tax and revenue analysis, municipal operating and capital budgets, and strategic planning. Tom works with sales tax clients throughout California including the cities of San Jose, Sacramento, San Diego, and Los Angeles.
TRANSIENT OCCUPANY TAX TEAM
Gennaro DiMassa, TOT Senior Auditor. As Avenu Senior TOT Auditor, Gennaro, a Certified Public Accountant,is responsible for Avenu' TOT Compliance program. Mr.
DiMassa has been with Avenu since 2006 and he is responsible for the review and analysis of the Transient Occupancy Tax paid by hotels for compliance with City ordinances. He has ten years of audit experience with a major recovery audit firm and practiced seven years as a CPA with a major CPA firm in the Los Angeles area.
Tami Nguyen, TOT Senior Auditor. As Avenu Senior TOT Auditor, Tami is responsible for the company's TOT Compliance program. Tami has been with Avenu for over 15 years and she is also responsible for the review and analysis for Transient Occupancy Tax paid by hotels for compliance with City ordinances. She is directly responsible for Avenu tremendous success in our TOT audit service practice where she conducts audits and helps prepare management reports. Prior to joining Avenu, she worked for a major home builder as a Treasury Analyst.
BUSINESS LICENSE AUDIT/ DISCOVERY TEAM
Kelli Greene, Manager Data Intelligence Services 1 Local Tax Compliance As Avenu's Manager of Data Intelligence Services 1 LTC, Kelli is responsible for the Data Intelligence and Local Tax Compliance departments. Kelli has been with Avenu for over 28 years and manages the production of data utilized by Avenu's Sales and Use Tax,
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Local Tax Compliance, Property Tax, Clearview Analytics and Audit teams. Her team is responsible for analyzing data for anomalies and providing quality control necessary to eliminate discrepancies embedded within the data. Kelli's team also provides the lead identification for SUTA and LTC processes.
Angel Rivera, Sr. Sales, Transaction and Use Tax Analyst/Audit Supervisor Angel has over 25 years with Avenu and currently supervises the Sales, Transaction and Use Tax Audit team In addition, she serves as a Senior Analyst, directly interacting with businesses to determine possible allocation reporting errors and developing substantiating documentation to establish a date of knowledge with the CDTFA. Angel's work for Avenu involves an extensive amount of time interfacing with high level personnel at `Fortune 500' companies throughout the U.S. on behalf of Avenu clients.
Angel has a working knowledge of sales/use tax law, CDTFA administrative procedures and tax preparer reporting procedures.
LEGISLATIVE AFFAIRS / GOVERNMENT RELATIONS TEAM
Francesco D. Mancia, MBA, VP Government Relations
Fran has been with Avenu for 28 years and is responsible for overseeing company Legislative, Regulatory, and Government Relations work at the state and federal level.
Fran has a strong working knowledge of local government general fund tax laws and state and federal regulatory and legislative issues that impact local governments. He monitors, analyzes and leads company lobbying efforts related to legislation, state mandates, and regulatory changes and policies that affect client revenue streams. Fran currently serves as a member of the League of California Cities Revenue and Taxation Policy Committee and is a Past President of the League of California Cities League Partner Program. Fran is a Regent Emeritus of the University of California and a member of the Board of Trustees of the California City Management Foundation.
Rachelle Arizmendi, Account Executive
As Avenu's Account Executive to the City, Rachelle will serve as the main point of contact and ensure the project goes smoothly. Rachelle has over eight years of experience in local government as an elected official serving two years as Mayor. She has over twenty years' experience in all levels of government (federal, state, county, and city) contact management and service delivery. Rachelle has served as on the Board of Directors for the CA League of Cities, on the Board of Directors for the League of CA Cities' Asian Pacific Islander Caucus and Women's Caucus, Board Chair for the Foothill Workforce Development Policy Board, and as a Board Officer on several non- profit Boards. She will be the point of contact for the Town and Avenu.
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C. SCOPE OF SERVICES
SCOPE OF WORK TO BE PERFORMED
TAX COMPLIANCE AUDIT SERVICES
Below is a description of the approach and methodology for the three requested programs/services: Utilities User Tax (UUT) Program, Franchise Fee, Transient Occupancy Tax Compliance Audit, Business License Tax (BLT) Compliance Audit, and Payment Processing Services.
Avenu is including an Annualized Subscription for a Comprehensive Audit Plan that INCLUDES UUT (Utility User Tax) program, Franchise Fee Program, Transient Occupancy Tax (TOT), Audit BLT (Business License Tax) Program, Local Tax Compliance (Discovery and Recovery) of Business Licenses, and Payment Processing for an Annual Subscription Fee.
C.1 UTILITIES USER TAX (UUT) PROGRAM
Avenu's Utility Users Tax (UUT)/Franchise Fee service monitors and reviews more than 70 percent of UUT revenues in California. To date, this service has recovered more than $300 million in revenues for our California clients. We monitor the utilities of gas, electricity, and telecommunications, (wired, wireless and Prepaid Wireless).
We accomplish this through our team of analysts, auditors, attorneys, and project managers who analyze, manage, and protect UUT revenues. Our discovery methods and enforcement tools assure that utilities comply with tax regulations and remit the correct amounts, whether they are for natural gas, electricity, or telecommunications and video utilities.
We further protect future revenue by remaining current on pending legislation, new technologies and recommending ordinance changes. Any statutory requirement for third -party review of UUT payments is met through Avenu.
C.1.2 Compliance
Avenu will provide the following Compliance Activities:
1. UUT Tax Application Review. Avenu will conduct a "focused" compliance review of the major service providers on behalf of one or more cities to assure that the provider's "tax application" matrix reflecting all the provider's current products and service, is being taxed properly, for the benefit of City and other client cities.
2. UUT Payment Review. Identification of possible gaps in payments, irregularities, calculation mistakes (e.g., wrong tax rate), and other payment
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errors to the City, provided that the City provides Avenu with regular UUT payment history. Avenu will assist the City with the appropriate compliance correspondence and enforcement actions.
3. Comparative Analysis of UUT Payments. Avenu will periodically perform a comparative analysis of a service provider's UUT payments to the City with other neighboring or comparable client cities, after adjusting for rate, population, and median household income. Avenu will also perform a comparative analysis of the franchise and UUT payments for gas and electricity.
4. Detection.
► Avenu will annually update its proprietary database of "new telecom service providers" and send out a PUC 799 notice letter to such new providers on City's behalf. The current list exceeds 1,500 providers. ► Avenu will annually update its proprietary database of new "video service providers" and send out a notice letter to such new providers on City's behalf.
► Avenu will annually review the SB 278 lists of the major gas and electric companies to identify new non -core gas and direct access electric customers, as well as new third -party providers, and take appropriate steps to assure that the UUT is being applied to "commodity" purchases.
5. Exemption Review. Avenu will periodically review the exemption lists of the major service providers regarding non-residential customers.
City -Specific Compliance Reviews. At City's option, Avenu will offer "City -Specific" reviews of UUT and/or Franchise Fees on a performance fee basis, if the above activities or other factors (e.g., non -response by utility provider) would suggest that there is a reasonable
C.1.3 Administration
1. UUT Payment History. Avenu will provide the City, on a monthly or otherwise mutually agreed upon basis, with a spreadsheet reflecting the City's UUT payments by provider and utility category (based on remittance data provided by City to Avenu).
2. Prepaid Wireless (SB1441) Monitoring and Analysis. For direct sellers, Avenu will monitor the monthly prepaid wireless payments and perform a comparative analysis with similar cities to determine accuracy and identify any potential discrepancies. For major direct sellers, Avenu will perform a tax application review under Item 1 above. We will identify online prepaid wireless sellers and send an annual notice letter to ensure compliance with SB1441.
Avenu will engage and follow-up with the California Department of Tax & Fee Administration (CDTFA) on any issues, problems and discrepancies affecting
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the City's prepaid wireless revenue collections by retail sellers, including online sellers, to the extent that Avenu has access to CDTFA documents through a City resolution authorizing Avenu to have such access.
3. UUT Website. Prepare and maintain an accurate copy of the City's UUT ordinance and its administrative rules and interpretations on the uutinfo.org website, including a link to the City's web page (if desired). Model forms for exemptions and remittances, administrative rulings, and other tax compliance documents will be maintained on the www.uutinfo.orq website.
4. Revenue Forecasts and Management Reports. Avenu will provide an annual report that outlines the year's activities in review, revenue forecasts, year -over - year (YOY) comparison charts and revenue generated from compliance activities. This report contains an analysis of UUT revenues, and a five-year revenue forecast on each of the utility business segments (electric, gas, CATV, wired telecom, wireless telecom, etc.).
5. Tax Application and Geocode Inquiries. Avenu will provide technical assistance to City staff and provide timely analysis and draft responses to tax application inquiries from utility companies and will assist in responding to citizens regarding their utility bills and the computation of the UUT. Avenu will assist City and the utility service providers in correcting geocoding errors in response to taxpayer complaints.
C.1.4 Revenue Protection
1. Legislative Review Services. Avenu will monitor proposed state and federal legislation to identify issues affecting the City's UUT or utility franchise revenues and, make recommendations to client cities, their lobbyists, and other potential stakeholders or municipal advocates and otherwise assist in developing effective consensus positions and coordinated advocacy.
2. Technology and Marketing Analysis. Avenu will identify, monitor and anticipate changes in technology, services, or marketing of services, which may have an impact on future UUT revenues.
C.1.4 Enhancement Services
1. UUT Ordinance Advisory Services
► Analysis and recommendation (including drafting amendment language) on proposed state and federal legislation.
► Assistance with tax application issues, including taxation of new technologies or services; including preparation of Administrative Rulings. ► Assistance on issues involving "bundling rule" and tax allocation/apportionment.
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► Assistance on nexus issues (re: tax application and collection). ► Review of city's tax info/forms on uutinfo.org.
► Assistance on Voluntary Disclosure Agreements (offers to compromise owed taxes).
► On request, review of exemption status of individual utility user. 2 .UUT Legislative and Regulatory Review Services
Avenu will monitor proposed state and federal legislation to identify issues affecting the City's UUT or utility franchise revenues, and, if justified, make recommendations to the City and its lobbyists. Our Government Relations team works in collaboration representatives from the League of California Cities, the California Society of Municipal Finance Officers, the California
Municipal Revenue Tax Association, Special Districts Association, City advocates, utility providers, the Public Utilities Commission, CDTFA, BOE, and others.
Our team will work with the City for the protection of revenues including advocacy efforts on Federal bills affecting taxation of broadband telecommunication networks; taxation of wireless services; and taxation of on-line sales and certain digital goods. Avenu is a Business Partner with the US Conference of Mayors allowing further access to policy decision makers and stakeholders on revenues issues, especially on Federal proposals. Our Government Relations team manages its communication with clients through a strong public relations program and provides crisis assistance on policy matters.
C.2 Franchise Fees Auditing and Consulting
In general, Avenu's Franchise Fee reviews are designed to verify that our clients have received the appropriate franchise revenues due for any eligible audit periods. We obtain and review available documents, reports, work papers, and any prior reports concerning franchise fee computation, review franchise agreements or governing ordinances/regulations relating to the jurisdiction's franchise fees and analyze the customer base to verify that customers are correctly coded to the proper jurisdiction, that the utilities are properly interpreting and applying the levies to their revenues, and that the utility providers' reporting strategies are appropriate for the intended purpose, scope and application of the governments' tax and fee levies.
Avenu brings to this project:
► A team of qualified and experienced tax attorneys, CPA's, tax examiners, and audit specialists devoted specifically to auditing utility taxpayers for local utility tax and franchise fee compliance.
► Experience in auditing utilities of all types, of all sizes, and in jurisdictions throughout the country.
► An exclusive focus on our local government client base, with no potential for conflict of interest.
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► The resources necessary to initiate the project immediately upon award and schedule multiple concurrent audits as necessary.
C.2.1 Timeline
We anticipate each Franchise Fee audit will take 125 hours to complete and our project schedule is outlined below. Upon mutual agreement, Avenu will begin scheduling specific compliance reviews within 30 days of the execution of a contract with the City. Although we can assure the City of sufficient auditing resources to initiate these reviews without delay on our part, the actual start date and time to completion for any given engagement will be largely dependent upon the timely cooperation of the franchise provider under review, as well as the complexity of the actual review, and the time required to resolve any post -audit issues that the franchise provider may raise regarding the results reported.
Because our experience has been that audit engagements proceed at an uneven pace, such that records are not always available from the franchisees at the time we are ready to examine them, we recommend to the City a timetable in which we would contact all franchisees selected for review as soon as possible after contract execution. We will advise the utilities that we are authorized to review their records on behalf of the City and request appropriate documentation. Reviews of individual franchisees can then proceed concurrently, as quickly as the franchisees are willing and able to provide the documentation necessary for our examiners to begin their review.
C.2.2 Process & Deliverables
Avenu starts with a review of franchise agreement where we look for completeness, accuracy, and that all monies are appropriately submitted to the city. Steps we take include:
► Compare the franchisee's payments, exclusions, and other computations related to the franchise agreement, or relevant state law.
► Compare the actual payments made to the city for timeliness and accuracy ► Review findings with providers and obtain the franchisee's position on the findings ► Report and present the results, potential monies due, and any penalties and interest
► Provide supporting documents to assist the city to collect underpaid franchise fees C.2.3 City Assistance
Avenu will require letters of authorization from the city clearly establishing our authority to conduct examinations on the city's behalf. We also require copies of franchise agreements, any amendments or subsequent agreements relating to franchise fee collection, any prior reports prepared by the internal or external auditors concerning how fees are calculated, and a five-year history of franchise payments made by the franchisee.
C.2.4 Legislative and Regulatory Review Services
Avenu/Avenu will continue to monitor proposed state and federal legislation to identify issues that might affect the City's utility franchise revenues, and, if justified, make
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recommendations to the City and its lobbyists. Our Government Relations team works in collaboration other stakeholders including representatives from the League of California Cities, the California Society of Municipal Finance Officers, the California Municipal Revenue Tax Association, Special Districts Association, City advocates, utility providers, the Public Utilities Commission, CDTFA, BOE, and others. In addition, our team provides advocacy efforts on Federal bills affecting franchise fees and taxation of broadband telecommunication networks; taxation of wireless services; and taxation of on-line sales and certain digital goods. Our Government Relations team manages its communication with clients through a strong public relations program and provides crisis assistance on policy matters.
C.3 Transient Occupancy Tax (TOT) Audit
The goal of the Transient Occupancy Tax (TOT) compliance audit service program is to ensure successful, long-term compliance for lodging establishments that operate in the City. The TOT inventory and compliance services cover traditional lodging properties (hotels, motels, inns) and online short-term rentals/vacation rental properties (such as Air BnB, VRBO, etc.).
C.3.1 Analysis - Phase 1
The program is a single service consisting of a two phase process The TOT Compliance Services workplan and project schedule for the program are outlined below:
PHASE 1
Inventory
Data Collection
Figure 2 - Transient Occupancy Tax Audit - Phase 1
Identify Phase 2
1) Inventory. Establish a comprehensive inventory of all registered lodging properties subject to taxation by the City. This DOES NOT include locating lodging providers not properly registered with the City and not appearing on the City rolls as TOT remitters unless specifically agreed to.
2) Data collection. Conduct unobtrusive collection of information on each property, including number of rooms, occupancy rate, transient and non -transient guests, exemptions, property's condition, business dynamics, etc. 3) Analysis. Analyze lodging provider "return information" to identify unusual or suspicious reporting and/or activities that warrant further review. 4) Reporting. Provide a detailed analysis report to the City identifying lodging providers who might require additional investigation or review to determine their compliance with the City's TOT ordinance and coordinate with the City to review the analysis report.
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5) Identify Phase 2 reviews. Work with the City to develop a list of lodging providers subject to a compliance review of lodging and tax records.
C.3.2 Audit and Compliance Review - Phase 2
PHASE 11
Records
Examine & Verify Compliance Report
Figure 3 - Transient Occupancy Tax Audit - Phase II
Fri
Consulting
1) Records. Provide the City with a detailed list of all records required from lodging providers, together with a draft engagement announcement letter to be sent to each lodging provider.
2) Examine & Verify. Review records pertaining to TOT for each lodging provider selected for a compliance review and verify the accuracy of filed TOT returns with daily and monthly activity summaries.
a) Review a random sample of the daily and monthly summaries to determine if the daily summaries reconcile to the monthly summaries.
b) If Avenu believes such a review is necessary, review secondary and tertiary documentation such as bank statements to verify that deposits reconcile with the reported revenue on the TOT returns or other tax filings. c) Review exempted revenue for proper supporting documentation. 3) Compliance Report. Submit and review with the City a compliance review report that includes:
a) All review findings.
b) Documentation for each error/omission identified and confirmed by Avenu that is necessary to facilitate recovery of revenue due from lodging providers for prior periods.
c) Draft notices of deficiency determination, commendation, and warning letters as applicable.
4) Findings. Assist the City in reviewing any matters submitted in extenuation and mitigation by lodging providers in contesting a deficiency determination. Prepare and document any changes to the compliance review findings and provide revised tax, interest or penalty amounts due the City.
5) Consulting. During the term of this Agreement, provide up to ten (10) hours of additional consulting time to assist the City in evaluating or implementing any of the proposed actions suggested by the above report.
Avenu generally follows the below notional schedule for each TOT project:
1. Start-up of TOT Audit Process (within first 30-60 days) a. Procedural meeting with the City
b. Request Documentation from City
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- List of all properties registered within the City
- 36 Months of Returns for all properties (or properties City selected) - Current TOT and STR/Vacation Rental Ordinance and any related information
2. Property Review of Hotels Selected for Audits (within 90 days)- Phase 1 a. When Avenu receives the returns, Avenu enters the data into worksheets to develop trends, property comparison, exempt rent to gross rent variation, etc. Avenu will research the statistics on the City and properties.
Based on this data, Avenu selects specific properties for audit (if the City hasn't requested specific properties).
b. Avenu will submit to the City an Audit Report identifying the properties and reasons they were selected.
c. Auditors will contact the City for a brief conference call to discuss the audit timeline.
d. Once the City approves the hotels selected for audits, Avenu will forward the City Announcement Letter Template that needs to be mailed to the properties on City letterhead. Once the City sends out the letters to the properties, Avenu requests City send Avenu a copy of the signed letters.
3. Start-up of TOT Audits (30 days later)
a. Once the timeline has been approved, Avenu issues an Appointment Letter with a list of required information.Avenu allows each property a minimum of 30 days of preparation time before the audit meeting.
4. Remote Audits (8 weeks later)
a. Conduct a review on specifics of each property to determine/confirm number of rooms, any special requirements and any other charges to which guests may be charged.
b. One week after the Appointment Letters are mailed, contact hotel operator to confirm date and time of remote audit online/phone meeting, explain procedures, and request data for sample months selected (such as Property Management System, Month End Reports, Profit & Loss Statements, Exemption Reports, etc.).
c. Conduct remote review.
5. Provide Final Audit Report to the City (30 days following completion of audit program)
a. Auditors will submit (via email) all the Commendation/Deficiency Letters that need to be submitted to the hoteliers by the City.
b. City will receive an electronic copy of the Final Audit Report.
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C.4 BUSINESS LICENSE TAX (BLT) Program
Compliance Review and Tax Audit -Deficiency Audit Services are designed to identify entities subject to taxation by the City that are not properly reporting the full amount of tax which they are subject to under the City's ordinances.
Deficiency Audit Services also identifies entities that are potentially underreporting, or not reporting all applicable taxes. Avenu reviews entity's' records to ensure compliance with the City's taxes. In performing the Deficiency Audit Services, Avenu shall:
► Establish a comprehensive inventory of the licensed entities subject to taxation by the City and the database elements needed to facilitate an analysis of records of those entity's current and prior year's tax remittance ► Compare Avenu' records with the City's records to identify potential underreporting entities subject to taxation
► Meet with designated City staff to review and discuss potential audit candidates and mutually agree which entities will be subject to review. Only entities mutually agreed to by Avenu and the City to be reviewed shall be subject to Avenu' audit services.
► For potential under -reporting entities identified, Avenu shall obtain authorization from the City to conduct a review of the entities' records and determine the amount of tax due for current and prior periods (plus applicable penalties, where appropriate).
► Submit audit summaries (also referred to as "Deficiency Notice") to the City to permit the City to determine the amount of a deficiency owed, if any.
Avenu provides the City with audit progress reports to include the following:
► Status of work in progress, including copies of reports provided to taxpayers/ intermediaries addressing each reporting error/omission individually, including where applicable the business name, address, telephone number, account identification number, individuals contacted, date(s) of contact, nature of business, reason(s) for error/omission and recommended corrective procedure
► Actual revenue produced for the City by Avenu services on a quarterly and cumulative basis
► Projected revenue forthcoming to the City as a result of Avenu audit service, specified according to source, timing, and one-time versus ongoing ► Alphabetical listing of all errors/omissions detected for the City by Avenu, including the account number, correction status, payment amount received by the City, period to which payment is related and payment type (e.g., reallocation, deficiency assessment) for each one.
The following is what we are requesting from the City to assist in this process
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► We ask that the City provide electronic copies of License Payment History file, together with any other information necessary to compute billing for services, in electronic format, on a quarterly basis
► Use reasonable and diligent efforts to collect, or to assist Avenu in the collection of, deficiencies identified pursuant to this Agreement; and ► Notify Avenu within 10 days following receipt by the City of payments, if any, resulting from deficiencies identified by Avenu.
C.4.1 Investigation and Discovery Services- Discovery and Recovery of Business License
Avenu' Discovery and Recovery Services are designed to assist the City in locating tax and licensing revenue that it may not be receiving from all local businesses. Avenu provides detection, documentation, and correction of deficiencies, producing new revenue.
Our 16-terabyte database comprised of multiple data sources is unmatched in the industry and it provides the foundation for our exhaustive discovery program. Our team of compliance specialists work collaboratively with City staff to complement the City efforts by bringing more sophisticated technology, data, and dedicated investigations to recover missing revenue.
Avenu' proven Discovery and Revenue Recovery Program will:
1. Compare the City's existing taxpayer list(s) against various databases aggregated from disparate systems and resources to identify previously unknown businesses operating within the City without paying the appropriate fees.
2. Send notices to those businesses including an application packet approved by the City, advising them of their legal obligation to register and pay the appropriate fees in accordance with the City's ordinance.
3. Provide taxpayer support for taxpayers who may have questions regarding these forms, and pro -actively contact taxpayers until forms are returned or account status is resolved.
4. Verify information on each form received to ensure that all required information has been provided, that the fees due have been correctly calculated, and that payment in full has been made.
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5. Perform preliminary research to verify that the gross receipts, number of employees, and number of locations declared on each application appear to be reasonable and appropriate for each business. Flag questionable applications for further contact, which may include telephone query, site visits, or referral of the taxpayer for detailed audit.
6. Disburse to the City all payments received, less our contingency fee. If applications are returned without payment or with insufficient payment, we invoice the taxpayer, monitor and pursue payment, and disburse to the City amounts received.
C.5 Payments Processing Services
Avenu/Avenu's payment solution helps improve the city's government's payment options to increase efficiencies. Our innovative technology offers secure, online, in -person, phone, credit care, electronic check and contactless payment options.
The end -to -end solution, manages all payments in one centralized location, including accounting, permitting, licensing, and taxes.
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D. PRICING PROPOSAL
D.1 ANNUAL SUBSCRIPTION
TAX COMPLIANCE AUDIT SERVICES
Year 1
-Review of
UUT
legislation
and
ordinance
review.
-Conduct
UUT
Compliance
Audit
-Review
Franchise
Fee
Agreements
-Conduct FF
Compliance
Audit
-Conduct
annual
Hotel/Motel
Audit
Program
-Audit BL
collections
and
remittance
-Conduct
Discovery
and Recovery
for BL Taxes
-Provide
integrated
and over the
counter
payment
processing
for ACH,
Credit Card,
and Debit.
$50,000
Year 2
-Review of
UUT
legislation
and
ordinance
review.
-Conduct
UUT
Compliance
Audit
-Review
Franchise
Fee
Agreements
-Conduct FF
Compliance
Audit
-Audit BL
collections
and
remittance
-Conduct
Discovery
and Recovery
for BL Taxes
-Provide
integrated
and over the
counter
payment
processing
for ACH,
Credit Card,
and Debit.
$50,000*
Year 3
-Review of
UUT
legislation
and
ordinance
review.
-Conduct
UUT
Compliance
Audit
-Review
Franchise
Fee
Agreements
-Conduct FF
Compliance
Audit
-Audit BL
collections
and
remittance
-Conduct
Discovery
and Recovery
for BL Taxes
-Provide
integrated
and over the
counter
payment
processing
for ACH,
Credit Card,
and Debit.
$50,000*
*A 5% increase will be ann
ied each year (year over vearl after Year 1.
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D.2 INDIVIDUAL FLAT FEE AND CONTINGENCY
Services
UUT
UUT
Compliance &
Legislative Review
and Forecasting
.007 X UUT Revenue
UUT
Compliance Audit
Review
.007 X UUT Revenue PLUS 25% of Audit
Franchise Fee
$2500 per audit or 25% of recovered fees
TOT
$2500 per audit
Business License
Audit
Greater of $1500 or 25%
Discovery/Recovery
Business Licenses
35%
Payments
Processing
No fee to the City (All transactional fees covered by tax payer/fee remitter)
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C A L I F O R N I A
California Levine Act Statement
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any Beaumont City Council Member from participating in any action related to a contract or application if he or she receives any political contributions totaling more than $250 within the previous twelve months, and for three months following the date a final decision from the business or applicant.
The Levine Act also requires a member of the Beaumont City Council who has received such a contribution to disclose the contribution on the record of the proceeding.
Current Beaumont City Council Members are listed at:
https://www.beaumontca.gov/29/City-Council
Proposers are responsible for accessing this link to review the names prior to answering the following questions.
1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any Beaumont City Council Member in the 12 months preceding the date of the submission of your proposal or application, or the anticipated date of any Council action?
YES If yes, please identify the Council Member(s):
NO
2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any political contribution of more than $250 to any Beaumont City Council Member in the 12 months following any Council action related to your proposal or application? DYES If yes, please identify the Council Member(s):
NO
Answering yes to either of the two questions above does not preclude the Beaumont City Council from awarding a contract or approving an application or any subsequent action. It does however, preclude the identified Council Member(s) from participating in any actions related to your proposal or application.
Jul 29, 2024
Date
Signature of authorized individual
paul colangelo
Company/Applicant Name
City of Beaumont 1 550 E. 6th Street, Beaumont, CA 92223 1 (951) 769-8520 1 BeaumontCA.gov
Levine Act Statement
Final Audit Report
2024-07-29
Created: 2024-07-29
By: Kia Austin ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAANIYLLB1oajDdLYFTuDg4Uc23PXIwF-zu "Levine Act Statement" History
Document created by Kia Austin ([email protected]) 2024-07-29 - 8:02:41 PM GMT
Document emailed to paul colangelo ([email protected]) for signature 2024-07-29 - 8:04:12 PM GMT
Email viewed by paul colangelo ([email protected]) 2024-07-29 - 11:16:48 PM GMT
O. Document e -signed by paul colangelo ([email protected]) Signature Date: 2024-07-29 - 11:17:14 PM GMT - Time Source: server Agreement completed.
2024-07-29 - 11:17:14 PM GMT
el Adobe Acrobat Sign
BAUME ONTA -C A L I F O R N I
Staff Report
TO: City Council
FROM: Jennifer Ustation, Finance Director
DATE August 20, 2024
SUBJECT: Approve Purchase Order Change Order for the County of Riverside Fire Department in the Amount of $440,444
Description Change order in the amount of $440,444 for Fire Services.
Background and Analysis:
On June 20, 2023, the City Council approved the requisition list for the FY2023-2024 budget. At this time, the requisition for the fire services contract provided by the County of Riverside Fire Department was approved in the amount of $4,606,236. The budget for the Fiscal Year included an amount for new staffing at Fire Station 106 in the amount of $6,514,192, however, the requisition was entered at the previous staffing level.
The County of Riverside Fire Department has provided City staff with an estimate for the FY2023-2024 4th quarter invoice. It has been determined that the current purchase order doesn't have enough funds available to cover the 4th quarter cost estimate and needs to be increased prior to paying the invoice. Below is a summary of what has been paid to date:
Purchase Order 23/241589
1st Quarter Invoice
2nd Quarter Invoice
3rd Quarter Invoice
Remaining Balance
$4,606,236.00
($1,207,200.75)
($1,373,057.77)
($1,173,893.44)
$852,084.04
It is recommended to increase the purchase order with a contingency of $50,000 as in previous years the invoice has come out to more than the estimate. For instance, the FY 2022-2023 4t" quarter estimate was $1,299,174.62 and the invoice was $1,334,825.62.
Fiscal Impact:
The amount of the PO change increase has been included in the FY2023-2024 Fire budget GL 100-2100-7068-0000. The estimated cost to prepare this report is $150.
Recommended Action:
Approve purchase order change order for the County of Riverside Fire Department in the amount of $440,444.
Attachments:
A. Riverside County Fire Department 4th Quarter Estimate
Riverside County Fire Department
210 West San Jacinto Avenue
Perris, CA 92570
Ph: (951) 940-6900
Fx: (951) 657-2662
City of Beaumont
Attn: City Manager
550 E. Sixth Street
Beaumont, CA 92223
Invoice
FIRE PROTECTION SERVICES
Date
8/15/2024
Invoice #
235396 EST
Make Remittance Payable to:
County of Riverside
Fire Department
210 W. San Jacinto Ave.
Perris, CA 92570
FIRE PROTECTION SERVICES FURNISHED FOR THE PERIOD OF: APR — JUN FY 23/24 QTR 4 Description
ESTIMATE ONLY * * * * 4TH QTR FY 23/24 CITY BILLING * * * * SAFETY STAFFING COST INCLUDING BENEFITS (CAL -Fire Employees): #37101 A017 for the month of: APRIL 2024
A017 for the month of: MAY 2024
A017 for the month of: JUNE 2024
Subtotal
State's Administrative Charge Pass Thru: 0.121
Total Safety Staffing Cost
NON -SAFETY STAFFING COSTS (County Employees):
For FY 23/24 QTR 4
HR Overhead Charges
Subtotal
SUPPORT SERVICES (Cooperative Agreement):
Quarterly Service Delivery Costs ($1,149,039.00 Yearly) Subtotal
FIRE ENGINE USE AGREEMENT:
Fire Engine - 1 ($36,250.00 Each)
Subtotal
TAX CREDIT:
NOT APPLICABLE
Subtotal
MISCELLANEOUS COSTS & DIRECT CHARGES:
Banning - Sta # 20 Cooperative Agreement PCA # 37129
4TH Qtr Direct Charges
4TH Qtr Direct Journals
AMR Transport Costs Reimb.: Q3 FY 23/24
FY 23/24 Support Services Recon
Subtotal
INVOICE SUBTOTAL
Amount
204,070.02
200,397.75
212,416.61
616,884.38
74,643.01
691,527.39
87,812.77
586.83
88,399.60
287,259.75
287,259.75
9,062.50
9,062.50
0.00 0.00
156,895.13
16,417.50
0.00 -7,033.52
0.00 166,279.11
1,242,528.35
Please Pay this Amount
$1,242,528.35
FOIUNTERNAL USE ONLY:
27002-
27004-
2700200000-230100- $
FP HAZMAT VEH Page 644 of 805
BAUME ONTA -c A L I F O R N I
Staff Report
TO: City Council
FROM: Carole Kendrick, Interim Community Development Director Sara Retmier, Chief Building Official
DATE August 20, 2024
SUBJECT: Purchase Order for Scott Fazekas & Associates in an Amount Not -to - Exceed $250,000
Description To approve a purchase order for Scott Fazekas & Associates (SFA) for plan check services.
Background and Analysis:
The City of Beaumont, after a competitive bid process, awarded contracts to four (4) consulting firms to provide plan check and inspection services on an as -needed basis.
These contracts were effective July 1, 2023, and have a 3- year contract term.
Each fiscal year a new purchase order is created for each of the four businesses, and the budgeted amount is distributed based on the department's needs. For fiscal year 2024/2025 the total approved plan review budget is $200,000.
The City of Beaumont has received a plan check submittal for a 600,000 square foot distribution facility. This project was not anticipated during the budget process. Plan review fees in the amount of $197,923.49 were collected at time of submittal. Based on the contract with SFA, the plan review services provided will be billed to the City in the amount of $138,546. A purchase order in an amount not -to -exceed $250,000 is requested to cover not only this singular project, but also future projects submitted throughout the fiscal year.
Fiscal Impact:
There are sufficient funds available in the Building & Safety Department approved budget to cover the additional expenses. However, if necessary, a budget adjustment to cover the additional funding for plan check services will be brought forward as part of the quarterly update to Council.
The estimated cost to prepare this report is $450.
Recommended Action:
Approve a purchase order in the amount of $238,546 for Scott Fazekas & Associates.
Attachments:
A. Contract
AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR
THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 16th day of May, 2023, by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E. 6`h Street, Beaumont, California 92223 and SCOTT FAZEKAS & ASSOCIATES, INC., whose address is 2 Corporate Park , Suite 206, Irvine, CA 92606 ("CONTRACTOR").
RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:
A. CITY desires to engage CONTRACTOR to provide professional services for Building and Safety Plan Check Services; and
B. CONTRACTOR has made a proposal ("Proposal") to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit "A" and incorporated herein by this reference; and
C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows:
i. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after three (3) year(s) unless extended by the parties with the approval of the City Council of the CITY.
2. Services to be Performed. CONTRACTOR agrees to provide the services ("Services") as follows: Building and Safety Plan Check Services per Exhibit "A". Services are to be performed on a non-exclusive, indefinite quantity basis, as requested by City. City shall have no obligation to secure any specified amount of Services from CONTRACTOR. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal.
CONTRACTOR designates Mr. Scott R. Fazekas as CONTRACTOR'S professional(s) responsible for overseeing the Services provided by CONTRACTOR.
3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however, that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY.
City
4. Compensation.
4.01 CITY shall pay CONTRACTOR for services performed in accordance with compensation rates set forth in Exhibit A, Proposal. CONTRACTOR shall not increase any rate without the prior written consent of the CITY.
4.02 CONTRACTOR shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the CITY, in writing.
4.03 CONTRACTOR shall submit to CITY, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The CITY shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. CITY shall have the right to review and audit all invoices prior to or after payment to CONTRACTOR. This review and audit may include, but not be limited to CITY's:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If CITY determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, CITY shall either return the bill to CONTRACTOR with a request for explanation or adjust the payment accordingly, and give notice to CONTRACTOR of the adjustment.
4.04 If the work is satisfactorily completed, CITY shall pay such invoice within thirty (30) days of its receipt. Should CITY dispute any portion of any invoice, CITY shall pay the undisputed portion within the time stated above, and at the same time advise CONTRACTOR in writing of the disputed portion.
5. Obligations of CONTRACTOR.
5.01 CONTRACTOR agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement, or contain additional terms that purport to bind the CITY other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.
5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all personnel, materials and equipment required to perform the Services. CONTRACTOR shall provide its own offices, telephones, vehicles and computers and set its own work 2
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hours. CONTRACTOR will determine the method, details, and means of performing the Services under this Agreement.
5.03 CONTRACTOR shall keep CITY informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by CITY, CONTRACTOR shall prepare written status reports_
5.04 CONTRACTOR is responsible for paying, when due, all income and other taxes, fees and withholding, including withholding state and federal taxes, social security, unemployment and worker's compensation, incurred as a result of the compensation paid under this Agreement. CONTRACTOR agrees to indemnify, defend and hold harmless CITY for any claims, costs, tosses, fees, penalties, interest, or damages suffered by CITY resulting from CONTRACTOR's failure to comply with this provision.
5.05 In the event CONTRACTOR is required to prepare plans, drawings, specifications andlor estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.
5.06 CONTRACTOR represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event CITY is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity.
5.07 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C_ 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States_
5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any Ca1PERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY's advance written approval.
5.09 Drug -free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug - free workplace.
5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements andlor permits applicable to, or governing the Services authorized hereunder.
6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall
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comply with all laws applicable to worker safety including but not limited to Cal -OSHA.
Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit "B" are copies of Certificates of Insurance and endorsements as required by Section 7.02. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.
CONTRACTOR shall provide the following types and amounts of insurance:
6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; CONTRACTOR agrees to have its insurer endorse the general liability coverage required herein to include as additional insured's CITY, its officials, employees and agents. CONTRACTOR also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.
6.02 Business Auto Coverage in an amount no less than $1 million per accident.
If CONTRACTOR or CONTRACTOR's employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person.
6.03 Workers' Compensation coverage for any of CONTRACTOR's employees that will be providing any Services hereunder. CONTRACTOR will have a state -approved policy form providing statutory benefits as required by California law. The provisions of any workers' compensation will not limit the obligations of CONTRACTOR under this Agreement. CONTRACTOR expressly agrees not to use any statutory immunity defenses under such laws with respect to CITY, its employees, officials and agents.
6.04 Optional Insurance Coverage. Choose and check one: Required X /Not Required Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any Services for CITY.
7. General Conditions pertaining to Insurance Coverage
7.01 No liability insurance coverage provided shall prohibit CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR waives all rights of subrogation against CITY regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise.
7.02. Prior to beginning the Services under this Agreement, CON TRACTOR shall furnish CITY with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.
7.03. All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of "A:VII"). The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be 4
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suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.
7.04 Self-insurance does not comply with these insurance specifications.
CONTRACTOR acknowledges and agrees that that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, shall apply first and on a primary, non- contributing basis in relation to any other insurance, indemnity or self-insurance available to CITY.
7.05 All coverage types and limits required are subject to approval, modification and additional requirements by CITY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect CITY's protection without CITY's prior written consent.
7.06 CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against CONTRACTOR or arising out of the Services performed under this Agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
8. Indemnification.
8.01 CONTRACTOR and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by CONTRACTOR or any subcontractor or agent of either as set forth herein.
Accordingly, the provisions of this indernnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to CITY.
CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set forth herein.
a. To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless CITY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by CITY, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement.
CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (andlor CONTRACTOR's agents andlor employees) is alleged to be an employee of CITY.
All obligations under this provision are to be paid by CONTRACTOR as they are incurred by CITY.
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b. Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely to the fault of CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.
8A. Indemnification Design Professionals.
8A.01 In the event that CONTRACTOR is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, CONTRACTOR shall indemnify, and hold harmless the City, its officers, employees, trustees and members ("Indemnified Parties") from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney's and consultants' fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death ("Claim(s)"), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or wilful misconduct of CONTRACTOR, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties.
The cost to indemnify, hold harmless, and defend charged to CONTRACTOR shall not exceed CONTRACTOR'S proportionate percentage of fault.
9. Additional Services, Changes and Deletions.
9.01 In the event CONTRACTOR performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of CITY, CONTRACTOR shall not be compensated for such services.
CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing.
9.02 CONTRACTOR shall promptly advise the City Manager and Finance Director of CITY as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the CITY and/or City Council.
10. Termination of Agreement.
10.01 Notwithstanding any other provision of this Agreement, CITY, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days' written notice to CONTRACTOR.
10.02 In the event of termination, the payment of monies due CONTRACTOR for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. 6
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Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY,
11. Status of CONTRACTOR.
• 11.01 CONTRACTOR shall perform the Services in CONTRACTOR's own way as an independent contractor, and in pursuit of CONTRACTOR's independent calling, and not as an employee of CITY. However, CONTRACTOR shall regularly confer with CITY's City Manager as provided for in this Agreement.
11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY's employees, including disability or unemployment insurance, workers' compensation, retirement, Ca1PERS, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, disability, unemployment, workers' compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.
11.03 CONTRACTOR hereby specifically represents and warrants to CITY that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of CITY and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the CITY is located. Further, CONTRACTOR represents and warrants that the individual signing this Agreement an behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement.
12. Ownership of Documents; Audit.
12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of Services performed for the CITY shall become the sole property of CITY, and CONTRACTOR shall promptly deliver all such materials to CITY upon request. At the CITY's sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions to CITY upon request, at no cost to CITY.
12.02 Subject to applicable federal and state laws, rules and regulations, CITY shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not such use data or documents for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of CITY.
12.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, 7
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compensation paid and expenses reimbursed. At any time during normal business hours and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY's agents for examination all of such records and shall permit CITY's agents to audit, examine and reproduce such records.
13. Miscellaneous Provisions.
13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by CONTRACTOR for CITY and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.
13.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of CITY. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.
13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY's conflict of interest policy.
13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and costs, in addition to any other relief to which that party may be entitled.
13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in Riverside County, California.
13.06 CONTRACTOR covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder, CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.
13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. CONTRACTOR agrees that they are unaware of any financial or econornic interest of any public officer or employee of the CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the CITY may immediately terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and g
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during the term of this Agreement.
13.08 Improper Consideration. CONTRACTOR shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the CITY in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by CITY. The CITY, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the CITY with respect to the proposal and award process of this Agreement or any CITY contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any CITY contract has been awarded. CONTRACTOR shall immediately report any attempt by any CITY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR.
13.09 Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.
CITY:
CITY OF NT
By:
CONTRACTOR:
SCOTT FAZEKAS & ASSOCIATES, INC.
By:
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Print Name: i<, 4.
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Title: i-y5 [ -�'7.
C i. ni '3�aunr•,c.. \ l- _nK.nr •
EXHIBIT "A"
PROPOSAL
PROPOSAL
FOR
BUILDING AND SAFETY PLAN CHECK SERVICES
City of Beaumont
March 23, 2023
SIA
Scott Fazekas & Associates, inc.
TABLE OF CONTENTS
Page
A. COVER LETTER 1
B. INTRODUCTION/INFORMATION 2-3
C. APPROACH TO DELIVERING THE SCOPE OF SERVICES 4-8
D. FIRM PROFILE 8
E. LOCATION OF PRINCIPAL OFFICE 9
F. PROPOSED TEAM & EXPERIENCE 9-21
G. REFERENCES 22-23
I. SCOPE OF SERVICES 24
J. COST PROPOSAL (SUBMITTED UNDER SEPARATE COVER
K. CUSTOMER SERVICE PHILOSOPHY 25
M. PROFESSIONAL LIABILITY INSURANCE 25
Scoff Fnzckns & Associates, Inc.
113L7 Scott P ameka ►LNssiciate, Inc
\ Building Safety for Government
A. COVER LETTER
March 23, 2023
City of Beaumont
c/o Grace Wichert
550 E. 6th Street
Beaumont, CA 92223
Subject: Proposal for Building & Safety Plan Check Services Dear Ms. Wichert:
Scott Fazekas & Associates, Inc. (SFA) appreciates the opportunity to submit this Proposal to the City of Beaumont to provide Building Plan Check Services. We have reviewed the RFP and acknowledge the terms and conditions.
This Proposal will outline in detail how SFA meets and exceeds all of the City's needs for Plan Review Services. SFA exclusively serves municipalities to avoid any conflicts of interest and specializes in plan review to maintain the highest quality services in the industry. Our goal and track record is, and has been, to meet the needs of our client agencies as an extension of our client Building Safety Divisions through timely performance, organized systems, quality control, high staff morale, teamwork, and highly credentialed, experienced and trained staff.
SFA's owner and manager, Scott Fazekas is authorized to sign this Proposal and will personally commit to providing services which will meet and exceed the City's expectations.
SFA hopes to be considered to continue providing building plan review services which will allow us the opportunity to show you what a valuable asset SFA can continue to be for the City of Beaumont. SFA has added the option of Fire Plan Review if such services also are required in the future.
Sincerely,
SCOTT FAZEKAS & ASSOCIATES, INC.
Scott R. Fazekas, A , NCARB, CBO, LEED AP, CASp
President
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2 Corporate Park, Suite 206. Irvine, CA 92606-5103 • 9491475-2901 • FAX 9491475-2560 • [email protected] An Equal Opportunity Employer
B. INTROD UCTION/INFORMA TION
ABOUT THE COMPANY
Since SFA specializes in providing plan review services and we feel that our company can truly be an extension of your building department. Our experienced staff of many years with the ability to tailor the requirements of each city to their specific needs makes our company unique.
Scott Fazekas & Associates, Inc. (SFA) is a California Corporation founded by Scott Fazekas in June 1996. We are located at 2 Corporate Park, Suite 206, Irvine, CA 92606. Phone number 949-475-2901. Our e-mail address is sfairvine @aol.com. SFA was formed to offer building safety services exclusively to governmental agencies. Mr. Fazekas started and managed identical services for a consulting firm over the 11 years prior to forming SFA, with 12 years of prior municipal building safety experience as a City employee. He began his building safety career over 50 years ago in 1972 with the City of Newport Beach Building Department. Scott Fazekas is the contact person for further information and will be the primary contact for all services provided. SFA has 15 employees.
SFA appreciates our client's concern for high quality performance and precise communication when utilizing the services of a consultant. Close interaction with the client is considered an essential part of our consulting services. Our commitment to a thorough understanding of the codes and the intent with which they were written permits consistent and proper enforcement while meeting the expectations of the City and earning the respect of the public.
All ofSFA's plan check staff are licensed Structural or Civil Engineers which allows SFA the ability to assign the challenging projects to any one of our plan check engineer staff. This expertise permits SFA the ability to balance our workloads and meet obligations without overloading any one engineer.
KEY SFA ATTRIBUTES
•
.
Exclusively serving municipalities for zero conflict of interest.
Fast turnaround times: 10 working days for initial review; 5 working days for rechecks. Large projects as agreed upon with City but not to exceed four weeks.
Paper or Electronic plan submittal and review options.
Small Business Certified by State of California GSA
Experience of individual plan check staff in this field.
Excellent references by numerous municipalities.
E-mail of correction lists to City for timely communication.
Quality Control measures practiced to insure a quality work product.
Municipal experience in building and fire departments and familiarity with all internal and external agency and division needs.
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SFA incorporates several internal procedures which will: I) insure better communication with our client agencies and the applicants; 2) achieve plan reviews which are rnore consistent with the specific policies and needs of our clients; and 3) enhance internal organization and processing.
PHILOSOPHY
Through our experience in providing contract services to governmental agencies, SFA has identified concepts and ideas that are essential for a consultant to possess in order to effectively fulfill the building department requirements of a city or county. They are as follows:
The experience and staff to respond to each agency's needs in a timely, efficient and cost effective manner.
• Administrative and management ability of high caliber to identify problem areas and provide for their correction in a timely and sure manner. • The ability to recognize and develop the attributes and strengths of staff members and to utilize them to their full potential.
• A reputation for quality performance and integrity to successfully administer all aspects of the codes.
• Expectations and performance accountability that are established and adhered to. • Professional representation on behalf of the client agency in order to maintain good public relations.
Communication with the assigned client agency liaison through meetings, memorandums and status reports.
Coordination with other agencies which require Building Department involvement.
Attendance of key meetings to keep informed on the most recent code administration techniques and procedures.
Attendance at any required meetings, connected with the plan review or building official services.
SFA does not perform any work for the private sector so no conflict of interest can result during our tenure, allowing SFA staff to be objective in the enforcement of regulations.
The owner, Scott Fazekas, will be, actively involved with insuring that quality services are delivered to City of Beaumont, and will be the primary contact for all communication with the City.
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Scott F nzclrns S Associates, Inc.
C. APPROACH TO DELIVERING THE SCOPE OF SERVICES
PROJECT APPROACH
The project approach will be to provide the highest quality plan review for the City of Beaumont, by applying our tenured, seasoned, well trained and credentialed plan check engineering staff to each plan sent to SFA for review. While this seems like a simple statement, in order to do this, SFA maintains top quality engineers specifically trained and experienced in building safety plan review by providing stability, pride in their work product, compensation, great office space conditions, organized and highly qualified administrative support staff and a family team environment. SFA values employees with long tenure as the consistency and quality of their work product increases with time. All of our staff take pride in the team of which they are a part.
We will also provide permit counter and/or inspection staff on an as -needed basis.
We do not use part-time moonlighting staff who fill in to make extra money and may not be available to talk to or meet with applicants during the workday. We do not have multiple offices to which plans are farmed out. We have employees that have specialized in plan review for over 18 years to as many as 40 years each. SFA's business model has been to focus on building plan review and to maintain a single office location with tenured staff. Scott Fazekas is the sole owner and personally acts as the Liaison for all City needs and continues to have a technical role in plan review; daily interacting with all staff.
OVERALL PROCESS & SCOPE
Scott Fazekas & Associates, Inc. (SFA) proposes to provide start to finish comprehensive plan review services as -needed when assigned by the City of Beaumont. All of our plan check staff are located in our Irvine office. Plans will be electronically received when notified by the City that they have sent a link and the application paperwork.
During the review process, once the initial review or resubmittal is plan checked, the review comments are emailed to the City permit technicians at pernuts beaumontca.gov. SFA's plan check engineers are available to the applicants by phone, e-mail, in person or virtual meeting via Zoom or Teams to discuss any questions prior to resubmittals.
When the applicant and/or design team have resolved corrections through the resumbittal and recheck process and have shown compliance with all applicable codes, ordinances, state and federal laws and City Policies and Interpretations, SFA will return a Transmittal with the electronic approved plans, stamped and signed by SFA, to the City.
Plans are reviewed in ten(10) working days for initial and five (5) working days for rechecks, respectively. SFA has worked with our client cities on numerous projects which required preliminary meetings, condensed schedules, phased reviews and tight goals on permit issuance deadlines.
-4-
.Scott Fnzcluis & AAssircintes, 1uc.
ADDITIONAL SCOPE PROVIDED BY SFA
SFA has four (4) CASp professionals on staff, The Certified Access Specialist shows a level of competency in not only California Access Regulations, but in both federal and state laws and how both citizens and the City are affected.
Preliminary meetings either virtually on Zoom or Teams, at City Hall or on the job site are offered by SFA. These meetings are offered at no additional cost to the City.
Phone consultations are available to the City on any topic, regardless of whether or not it's for a project worked on by SFA. Code issues are addressed as a courtesy with no charge.
SFA's OFFICE
All of SFA's plan review services are based in our Irvine office. Having all of our staff in one office location enhances quality control through:
•
Creating a team information sharing environment,
Single location of all staff for meetings to train and discuss uniformity Central location for tracking plans, entering data, typing Corrections, handling phones and shared virtual meetings
No sharing of plan assignments occurs by electronic transfer of plans to other offices
DETAILED WORK PLAN
COMMUNICATION WITH APPLICANTS
SFA has multiple mediums with which to communicate with applicants during the process. The method selected is intended to be the most convenient, timely, efficient, inclusive to all relevant parties, and which medium the design team has available to them. SFA lists the communication tools currently being utilized in our daily operations:
▪ Zoom or Teams meetings
• Conference call dial -ins
• Combination of Blue beam shared on-line viewing with conference call to discuss plans.
• On -site meetings
• Meeting attendance at City Hall
• Phone
• Fax
• E-mail and pdfs
-5-
%crft Fnzelrr.s St Associates, s, Inc.
PLAN ASSIGNMENT/ROUTING
When plans are received either initially or for recheck, the plans are promptly routed to the plan check engineer with an assignment tag and the due date, so the engineer can schedule their time accordingly. All plan check engineers are paid hourly instead of salaried so they receive pay for all overtime at a rate of 1.5 times regular payroll. No pre -approval is required. This overtime pay system allows them to put in extra time when needed in order to always meet the deadline.
A Daily Turnaround Report is run and reviewed by management to verify that all deadlines have been met or exceeded. By assigning work to the engineers quickly, offering automatic overtime pay and reviewing performance reports, SFA consistently meets our deadlines and will do so for the City of Beaumont.
PLAN REVIEW DOCUMENT VERIFICATIONS
The plan reviews also consist of checking the Application against the plans to verify accuracy and consistency of the description, valuation, square footage, construction type, use, and occupancy. In order for the plan checks to reflect the City's specific administrative preferences, policies, interpretations and routing protocols, SFA has a customized City of Beaumont Correction List Text which insures that specific requirements are not missed. SFA will also maintain a summarized outline of the City's Ordinance requirements and administrative policies that each plan check engineer references. It can be amended at any time by the Building Official by an e-mail or phone call. This enhances plan reviews that are consistent and in accordance with directives of the City's Building Official.
CORRECTION LIST FORMAT
To enhance fairness to the designer with the Correction List, the format is such that upon recheck, all the corrections which are resolved by the designer's response are deleted/dropped from the list; only the unresolved items remain. The initial corrections that are unresolved remain in light font for reference with the follow-up correction clarification as to what remains outstanding and why, is typed in bold font. This lets the designer (and owner) see that it is not a new correction that was added but was simply not resolved by the designer, and why.
ELECTRONIC TOOLS
Some of the key elements which are relied upon for a plan review operation are 1) Plan Check software and hardware, 2) Plan Correction List development and distribution, 3) Municipal Permit System data, 4) Courier and UPS tracking, 5) e-mail correspondence with the City and applicants, and 6) the Plan Log Program and 7) on-line access to client software.
SFA has (7) Seven electronic plan review stations. Each has dual 43" screens with 4K resolution. Bluebeam Revu is our primary software which the plan check engineers prefer to use, Adobe Reader is also available. We also have a digital security stamp through Bluebeam which uses Sectigo Security to allow us to lock plans to prevent tampering. SFA can accept plans from any City format by simply providing us a link to download into our system. -6-
Scott Pamela's St Associates, Inc.
Our plan check correction lists are typed using Microsoft Word and the Correction lists are sent via e-mail to the City.
Municipal permit tracking systems used by cities for which we do electronic plan reviews have been Bluebeam, Accela, E -Plan Soft Review (EPR) Sire and EnerGov.
All e-mail correspondence is sent in either electronic file or as pdf format depending on the document type and City preference using Microsoft. When required in another format, it can be saved in another requested format before sending.
SFA has developed a sophisticated Plan Log System that tracks plans, lists Application and Correction data, develops invoicing, and provides reports for performance data.
QUALITY CONTROL
PROJECT MANAGEMENT
Scott Fazekas as the owner and President of SFA, is actively involved with all staff and is the primary contact between City staff and SFA staff, insuring that all of the City's needs and expectations are met.
All plan check engineers are licensed professionals experienced and in comprehensive plan reviews and handle each plan review as their own project manager. All plan check engineers communicate and consult with other staff for consistency or when an individual has specialized expertise in a special technical subject. All of the administrative staff are cross -trained in all functions of phones, filing, word processing, providing project status, logging and routing plans, etc...
SCHEDULING AND TRACKING
SFA's plan log program has been specifically written to manage every step of the plan review process for SFA. Some of the specific program features are flawlessly tracking both routing and review status. It features the ability to provide status reports, statistical reports, performance and management reports. This is available to the City as requested. Our Reports show!
Dates received, reviewed, checked, method of delivery.
Plan Check Engineer's name, contact information, where and how to respond and resubmit for recheck
Correction Lists
Special Notes to flag unique project -specific items.
-7-
&mitt Enzckrns &Asseircintes, Inc.
Every work day by mid -day a report which was run the previously night of work due is checked to see if the plans due out that day have had a correction list typed or approved status given. If any plan due out is still not accounted for the plan checker is prompted to see if he has this project completed so as not to miss any deadlines. We also do a weekly report internally that reviews the completion and due dates of all active projects completed during that week to insure that all deadlines were met.
CITY ROLE
It is the ultimate goal of SFA to make the effort by City staff to be zero, or at least very minimal regarding the start -to -finish plan review process. The City uses a consultant to relieve the City of that plan check assignment. Since SFA works at the pleasure and direction of the City, the City has the right to determine what, if any, involvement they have.
SFA is simply an extension of the City staff as an as -needed resource. Some information that would help SFA perform plan review services more efficiently and which are already in place, would be as follows:
•
Copies of Code Adoption Ordinance.
Copies of any written Policies on Code Interpretations.
Copies of any administrative policies on plan routing with applicants.
List of City contacts, roles, phone numbers, etc... to allow efficient interfacing for communication and coordination between SFA and City staff.
CONFLICT OF INTEREST
SFA was established to provide services exclusively to municipal building departments.
This not only ensures that no real or perceived conflicts of interest could occur but also provides a specialized operation that is tailored to the exact needs of municipal building departments. The regulations, statutes, new and changing codes and increased pressure to meet shorter timelines, make specializing in plan review an asset to the City of Beaumont.
The primary service provided to our clients is plan review. SFA's plan check capabilities are enhanced by our understanding of the roles in a municipal building department which interface with, and rely upon, a competent plan review.
D. FIRM PROFILE
Scott Fazekas & Associates, Inc. (SFA) is a California Corporation founded by Scott Fazekas in June 1996. We are located at 2 Corporate Park, Suite 206, Irvine, CA 92606. Phone number 949-475-2901. It was formed to offer building safety services exclusively to governmental agencies. Mr. Fazekas started and managed identical services for a consulting firm over the 11 years prior to forming SFA, with 12 years of prior municipal building safety experience as a City employee. He began his building safety career 50 years ago in 1972 with the City of Newport Beach Building Department. Scott Fazekas is the contact person for further information and will be the primary contact for all services provided. SFA has 15 employees. -8-
.Scutt Fnzeirnx & AssocIntex, Inc.
E. LOCATION OF PRINCIPAL OFFICE
Scott Fazekas & Associates, Inc. has one office located at 2 Corporate Park, Suite 206, Irvine, CA 92606. Telephone 949-475-2901. E-mail address [email protected]. All plan reviews will be performed in this office.
F. PROPOSED TEA.0
ASSIGNED PERSONNEL
Name Qualifications Type of Review Work
PRINCIPAL/PROJECT MANAGER
Scott R Fazekas, President
AIA, NCARB, CBO, CASp
LEED AP
Registered Architect, CA, NCARB
Colorado, Nevada
Certified Plans Examiner ICC/
Calbo
Certified Building Inspector, ICC/
Calbo
LEED Accredited Professional, LEED
Certified Access Specialist (CASp) DSA
Certified Building Official, ICC
Building & Structural
Plumbing,
Mechanical, Electrical
T24 Energy,
Accessibility
Scott Fazekas, as Principal and Project Manager will be responsible for the administration of services and seeing that services are tailored to the specific needs of the Agency. He has managed consulting plan check and building safety services for over 36 years. He will also perform plan reviews and assign which employees will work on each given project. Mr. Fazekas is Past President of the Orange Empire Chapter of I.C.C. and has served on the Code Development and Education Committees. He also serves in the capacity of Building Official for two cities and stays abreast of changing regulatory trends.
ASSOCIATES
Ganesh Rao, S.E.
Registered Structural Engineer,
CA
Registered Professional Engineer,
CA
Certified Plans Examiner, ICC/
Calbo
Building & Structural
Plumbing,
Mechanical, Electrical
T24 Energy,
Accessibility
Mr. Rao has diverse design experience of wood, concrete and steel in low, mid and high-rise structures of varying occupancy groups. Now focused in plan review he brings a thorough knowledge of current structural code provisions. He has worked for SFA for 21 years. -9-
Scott Fazekns & AsNociates, Inc.
Name
Vic Penera, S.E.
Qualifications Type of Review Work
Registered Structura] Engineer, Building & Structural
CA Plumbing,
California Structural Engineers Mechanical, Electrical
Association of Southern California T24 Energy,
American Society of Civil Engineers; Accessibility
International Conference of Building
Officials
Vic Penera had been with the City of Los Angeles Building Safety for the majority of his career with experience in both plan review and supervision. He has worked for SFA for 20 years.
Brett Archibald, P.E.
CASp
Registered Civil Engineer,
CA
Certified Plans Examiner,
ICC
Certified Mechanical Inspector, ICC
International Code Council
American Society of Civil Engineers
Build it Green Certification, CA
Certified Access Specialist, CASp
Building & Structural
Plumbing,
Mechanical, Electrical
T24 Energy,
Accessibility
Brett Archibald has 18 years experience in residential and commercial plan review. He has been with SFA for 18 years.
Peter Tang, P.E. Licensed Civil Engineer, CA
Building & Structural
Plumbing,
Mechanical, Electrical
T24 Energy,
Accessibility
Peter Tang joined SFA after having spent sixteen years in structural design. His expertise in wood -framed structures and rack design has made him a valuable resource. Peter has 18 years experience in residential and commercial plan review.
Scott Beery, P.E.
Registered Professional Engineer,
CA
Certified Plans Examiner,
ICC
Building & Structural
Plumbing,
Mechanical, Electrical
T24 Energy,
Accessibility
Scott Beery has 15 years of municipal plan review experience. His structural design experience has covered residential, schools and a variety of commercial structures including timber, steel concrete and masonry construction materials.
-10- Scott Fazckiis A Associates, Inc.
Name
Kyle Tonokawa. F.E.
Oualifications
Registered Civil Engineer,
CA
Certified Access Specialist
CASp
Type of Review Work
Building & Structural
Plumbing
Mechanical, Electrical
T24 Energy,
Accessibility
Kyle Tonokawa joined SFA in 2018. He has plan checked and approved plans, design calculations and reports for various commercial and residential buildings and developments for compliance with the California Building Code, State Title 24 Accessibility, ADA and Energy requirements. He has 33 years of combined experience with L.A. City, Anaheim and Irvine Building Departments.
Kam Chitalia, S.E.,CBO,CASp
Registered Civil Engineer,
CA
Registered Structural Engineer,
CA
Certified Access Specialist
CASp
Certified Plans Examiner
ICC
Building & Structural
Plumbing
Mechanical,Eiectrical;
T24 Energy,
Accessibility
Kam Chitalia joined SFA in 2019. He has provides comprehensive plan check services for all of SFA1s client agencies. His reviews include checking for compliance with all state and local codes, ordinances, regulations and city -specific policies. He has 32 years of building safety experience with City of Irvine and SFA and 5 years in the private sector in structural design.
Randy Buck, Electrical
Engineering
IAEI Professional Member Electrical Review
Randy Buck provides specialized electrical plan review for all types of commercial and industrial and residential buildings. He worked as Chief Electrical Inspector and then Chief Inspector in the City of Costa Mesa and now works for SFA reviewing Electrical plans and consulting with the plan check staff on electrical code. Mr. Buck is a past President, International Association of Electrical Inspectors (IAEI). He currently teaches Electrical Code for Electrical Union.
Organization Chart and Resumes follow this page.
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Scoff Pamela's £ Associates, lac.
Scott Fazekas & Associates, Inc.
Scott R. Faxekas, AIA,
CBO, NCARB,dent CASp, LEER
Presi
5co
Ganesh Rao. SE � Joy Faxekas
Plan Chec Engineer
Vic Penera, SE
Plan Check Engineer
Kam Chitalia, SE, CASp
Plan Check Engineer
Brett Archibald, PE,
CASp
Plan Check Engineer
Peter Tang, PE
Plan Check Engineer
Scott Beery, PE
Plan Check Engineer
Kyle Tonokawa, PE, CASp
Plan Check Engineer
Randy Buck
Electrical Plan Review
Corporate Secretary
Diane McBride
Office Administration
Jennifer Groli
Office Administration
Kimberly Yarina
Office Administration
Marisol Lopez Martinez
Office Administration
Beth Widmann
Office Administration
Ncutt IPa zckns .4 Associates, Inc.
SCOTT R. FAZEKAS, AIA, NCARB, CBO, LEER AP, CASp
President 1 Principle in Charge
REGISTRATIONS:
Licensed Architect,
California (C-19012)
licensed Architect,
Nevada, Colorado
CERTIFICATIONS:
LEER Accredited
Professional
Certified Access
Specialist (CASp)
(DSA CASp-063)
Certified Building
Official, ICC (808505 -
CB)
Certified Plans
Examiner, /CC, CBC
(808505-K-6)
Certified Building
Inspector, ICC, CBC
(808505-1<-1)
EDUCATION:
BS, Architecture,
California State
Polytechnic University
Supplementary
Structural Course
Work California State
University Fullerton
PROFESSIONAL
AFFILIATIONS:
American Institute of
Architects (A1A)
International Cade
Council (!CC)
California Building
Officials (CALBO)
EXPERIENCE
Mr. Fazekas is President of Scott Fazekas & Associates, Inc. (SFA) which provides building official, building plan check and building inspection services to governmental agencies. He has interfaced with architects, engineers, designers, contractors, plan checkers, inspectors, developers and building owners to achieve code compliant building construction through the application of local, state, and federal codes and regulations.
Mr_ Fazekas has 50years of progressive experience working in and for building departments. Prior to starting SFA, he was employed by BSI Consultants, Inc. (currently Bureau Veritas) as a Senior Vice President and Division Manager of the Building Safety Division. He was responsible for starting, developing and managing the Building Safety Division for 11 years. During that time, he served as building official in California and Washington jurisdictions and oversaw plan review services for more than one hundred client agencies. He also founded and served as President of Employment Systems Inc., which was a corporation dedicated to municipal staffing needs. Before his term with BSI, he spent 13 years working for the building divisions in the Cities of Newport Beach and Costa Mesa where he worked his way through all levels in the departments from clerk to permit technician, inspector and plan check engineer.
Mr. Fazekas has plan checked buildings which encompass the full spectrum of building types and occupancy groups and has served as building official for aver twenty jurisdictions through long term and interim contract arrangements. He has also contributed to both the design and code enforcement professions by regularly lecturing at code -related seminars and classes for Calbo and ICC. He served six years on the American Institute of Architects Building Performance and Regulations Committee where he, as AIA's representative, voted an the ANSI A117.1 Disabled Access Standards. He also served four years on I.C.B.O.'s General Design/Structural Review Committee and on the Orange Empire Chapter of I.C.B.O.'s Code Change Committee.
He has served on the local Orange Empire Chapter of ICC's Board and was President in 2005. He has served as both contract and interim Building Official for 20 jurisdictions during his last 37years in the private sector.
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Scutt Fnzclrns & ► ssorciates, Inc,
GANESH M. RAO, SE
Plan Check Engineer
REGISTRATIONS:
Registered Structural
Engineer, California
(S4471)
Registered
Professional Engineer,
California (C52721)
CERTIFICATIONS:
Certified Plans
Examiner, ICC
(1136557-60)
EDUCATION:
MS, Civil Engineering,
Brigham Young
University, Utah
BS, Civil Engineering,
Bangalore University,
India
PROFESSIONAL
AFFILIATIONS:
international Code
Council (ICC)
EXPERIENCE
Mr. Rao has been a building plan check engineer in SFA's Irvine office since 1998. He reviews both commercial and residential plans for compliance with model codes and local ordinances. He has a total of 29 years of progressively involved engineering experience.
Prior to his employment with SFA, Mr. Rao spent eight years in the design field with experience in California, Nevada and Hawaii designing wood, steel concrete and post -tensioned low, mid and high- rise structures. Occupancies which he has performed design work for have included retail, medical, office resort, bridge, industrial, schools, parking structure and historic blimp hanger facilities.
Some of Mr. Rao's notable projects include two Amazon Fulfillment Facilities of 5 -story Type I construction; Education First private school campus with some historic building re -use and new on -campus housing for foreign students; the Ontario Event Center; numerous mixed -use mid -rise structures with parking, retail and housing complexes, many with snow loads in Mammoth Lakes; large-scale cannabis grow farms as well as processing facilities; a 45,000 sf residence in the desert with an airplane wing -like roof using finite element analysis in the design; the Great Wolf Water Park & Resort in Garden Grove with a 10 -story hi -rise hotel; elderly care facilities; ambulatory surgery centers; and the Tustin Blimp Hanger evaluation repair & re -use project.
Mr. Rao has experience in a variety of geographic regions. His design experience includes projects in California, Nevada, Washington, Oregon, Hawaii and the Territory of Guam. His plan review experience has been in California, Nevada and Colorado. Mr. Rao has reviewed plans for code compliance for residential, tenant improvement, low to mid -rise, tilt -up warehouses, etc. Projects included a three-dimensional finite element analysis of space frame for a mall in the Territory of Guam; Disney Building in Burbank utilizing "Haunch" moment connections; seismic retrofit of Mattel Distribution Center; an aircraft hanger; and Sony Technology Center in San Diego.
Projects also included design and detailing of antenna structure ranging from 30 feet monopole to a 400 -foot latticed tower.
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&enft S Associates, loc.
VICTOR A. PENERA, SE
Plan Check Engineer
REGISTRATIONS:
Registered Structural
Engineer, California
(S2083)
Registered
Professional Engineer,
California (C21629)
EDUCATION:
MS, Mechanical
Engineering,
University of Southern
California
BS, Mechanical
Engineering, California
State University, San
Diego
Supplementary
Structural Course
Work,
California State
University, Los
Angeles
PROFESSIONAL
AFFILIATIONS:
Structural Engineers
Association of
Southern California
(SEAOSC)
American Society of
Civ►7 Engineers
(ASCE)
International Code
Council (ICC)
EXPERIENCE
Mr. Penera joined SFA in April 2000 as a member of its plan check engineering staff after completing 30 years of service with the City of Los Angeles.
Having worked four years in the Department of Public Works and 26 years in Building and Safety with the City of Los Angeles, Mr. Penera has substantial experience in both design and plan checking of structural systems. In the 26 years he spent with LA Department of Building and Safety, he plan checked a wide spectrum of structural systems, occupancies and uses; from simple, wood -frame, single family room additions to complex, high-rise, steel office buildings.
During the last three years of his career with Los Angeles Department of Building and Safety, Mr. Penera served as the Deputy Superintendent of Building in charge of the Engineering Bureau. As Chief of the Engineering Bureau, Mr. Penera oversaw a staff of 175 engineers, technicians and clerical staff responsible for the checking for compliance of state and local regulations related to building, electrical, plumbing, mechanical and zoning issues.
Mr. Pcnera was active in the development of the first International Building Code (IBC). For one year he served on the Steering Committee for the development of the first draft of the IBC and for two years served as Chairman of the Structural Subcommittee to draft the structural engineering chapters (Chapters 16-26) of the proposed IBC. -15-
.Scott Fnzzclms & Asxicinten, In .
KAM CHITALIA, SE
Plan Check Engineer
REGISTRATIONS:
Structural Engineer,
California (S3861)
Civil Engineer,
California (C40594)
CERTIFICATIONS:
Certified Building
Official, ICC (858212)
Certified Plans
Examiner, ICC
(858212-06)
Certified Access
Specialist (CA Sp -959)
Building Official
Leadership Academy
(BOLA) Graduate
Certified Post -Disaster
Assessment Program
(SAP) Evaluator
Certified Post -Disaster
Assessment Program
(SAP) Coordinator
EDUCATION:
MS, Civil Engineering,
Clemson University,
SC
BS, Civil Engineering,
Bombay University,
Bombay, India
PROFESSIONAL
AFFILIATIONS:
California Building
Officials (CALBO)
Intemationsl Code
Council, Orange
Empire Chapter (ICC)
Certied Access
Specialist institute
(CAS!)
EXPERIENCE
Mr. Chitalia is a Building Plan Check Engineer with Scott Fazekas & Associates, Inc. (SFA) where he provides comprehensive plan check services for all of SFA's client agencies. His reviews include checking for compliance with all state & local codes, ordinances, regulations and city -specific policies.
Mr. Chitalia's career began in 1984 where he worked in the private sector in structural design firms for 5-1/2 years where he designed multi -story buildings of steel, masonry, concrete and wood. In 1989, he began his career with the City of Irvine. His positions ranged from Associate Engineer to Senior Engineer to Principle Engineer, and he ultimately became the Chief Building Official/Manager of Building & Safety. During his 29 years of progressively responsible roles, he reviewed OSHPD projects for the State, complex multi -story structures including hi -rises, shopping centers, fire stations, condos, apartments, parking structures and churches. During a 9-yr. period as Principle, he supervised in-house staff that managed reviews of over 512 billion valuation. As Building Official, he interacted with local Fire (OCFA), Water District (IRWD), and County Health (OCHCA) and supervised over 80 staff members.
Some of his defining experience includes being a grader for the State of California Structural Engineer license exam which he did for approximately 10 years. In addition to grading exams, he was one of few Structural Engineers to be selected as a Standard Setting Judge which involved helping to update and develop the upcoming SE license exams for the State of California. This required re -taking the exam each time updating was done. He has also stayed active in local ICC Chapter code committees throughout his career.
-1d-
%cott Vandals & ►ttisucintcx, Inc.
REGISTRATIONS:
Registered Civil
Engineer, CA
(C43738)
CERTIFICATIONS:
Certified Access
Specialist (CASp)
(DSA CASp-0542)
EDUCATION:
BS, Civil Engineering,
California State
Polytechnic University
PROFESSIONAL
AFFILIATIONS:
Calbo - Post Disaster
Safety Assessment
Evaluator
California Office of
Emergency Services -
Essential Engineering
Duties
International Code
Council (ICC)
KYLE B. TONOKAWA, PE
Plan Check Engineer
EXPERIENCE
Mr. Tonokawa is a plan check engineer in SFA's Irvine office. He provides plan reviews of all types of construction and occupancy groups. Through his 33 years of municipal building department career, he has gained diverse experience in zoning reviews, testing of proprietary construction products and listing, grading reviews and geotechnical report reviews and management of plan check staff in addition to comprehensive plan review responsibilities.
Mr. Tonokawa began his career in 1985 as a plan check engineer with the City of Los Angeles where he worked for 13 years providing building, zoning and grading plan reviews. He then spent nine (9) years as Senior Plan Check Engineer with the City of Anaheim where he handled major projects, as well as code interpretation resolutions and project flow and scheduling. His most recent position before joining SFA was 11 years in the City of Irvine as Senior Plan Check Engineer where, in addition to complex plan reviews, he handled staff training, inter -departmental representation and interfacing with consultants in providing plan review services.
Kyle has reviewed numerous mid and hi -rise structures in his career.
His reviews have included wrap -around mid -rise condos around parking structures, industrial complexes, hazardous material storage & processing, assembly buildings, private schools, churches, apartment complexes, offices, retail complexes & malls, essential services facilities, and oil refinery projects.
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Scent Fnzcicns & Associates, Inc.
SCOTT D. BEERY, PE
Plan Check Engineer
REGISTRATIONS:
Licensed Professional
Civil Engineer,
California (C64287)
CERTIFICATIONS:
Certified Plans
Examiner, ICC, CBC
EDUCATION:
BS, Architectural
(Structural)
Engineering, California
Polytechnic University,
San Luis Obispo, CA
Associate of Science -
Fire Technology,
Santa Ana College,
Santa Ana, CA
PROFESSIONAL
AFFILIATIONS:
International Code
Council (ICC)
EXPERIENCE
Mr. Beery has over 17 years of municipal plan check experience and has worked in the private sector for over 13 years performing structural design. He has been a plan check engineer with SFA since 2013.
As a plans examiner, he has reviewed and approved numerous projects including hazardous material facilities; cannabis extraction facilities with the use of propane/butane; an elevated fire apparatus platform; a hydrogen -fueling facility, laboratories; OSHPD 3 facilities; parking lifts; structures within snow regions; multi -level apartment buildings and hotels (including podium buildings), theaters, educational facilities, restaurants, gyms, night clubs, grocery stores; structures within wildland fire severity zones; gas stations; single family dwellings; tenant improvements; photovoltaic systems; gravity walls; and hillside buildings.
His engineering background includes single family dwellings, apartment buildings, CMU commercial buildings, DSA school projects, masonry seismic retrofits, fire reconstruction projects, retaining walls, mechanical equipment anchorage, and assisting with structural forensics. His design experience includes timber, steel, masonry and concrete structures.
Prior to Mr. Beery joining SFA in October 2013, he was an Associate Engineer with the County of San Diego Building Department for over two years. He then worked at the City of Anaheim Building Department as a Senior Plans Examiner and an Acting Plan Check Supervisor for over 7 years.
In addition, his plan check background also includes representing the Building Department in numerous pre -submittal meetings regarding large project projects to answer plan review questions from various design professionals. Examples include Disney's 2012 California Adventure renovation, Area Regional Transportation Intermodal Center (ARCTIC) a 130 -ft. tall truss dome with membranes and two 2 - story buildings within the dome, Kaiser Permanente, Eastside Christian Church, Extron Electronics, and the historical re -use of the Anaheim Packing House.
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.Scutt Fnzclrns & Associates, Inc.
BRETT A. ARCHIBALD, PE
Plan Check Engineer
REGISTRATIONS:
Registered Civil
Engineer, California
(C69206)
CERTIFICATIONS:
Certified Plans
Examiner, ICC
(5114159-60)
Certified Mechanical
Inspector, ICC
(5114159-41)
Build It Green
Certification, CA
Certified Access
Specialist (CASp)
(DSA CASp-122)
EDUCATION:
B5, Civil Engineering,
California State San
Diego, Structural
Emphasis in Course
Work
PROFESSIONAL
AFFILIATIONS:
international Code
Council (ICC)
Certified Access
Specialist Institute
(CASI)
EXPERIENCE
Mr. Archibald is one of SFA's professional staff in our Irvine office.
He has 19 years of experience with SFA reviewing both residential and commercial projects. He is responsible for tracking changes in T-24 Energy Regulations and updating all staff.
Mr. Archibald started internship with SFA during college summer breaks and immediately started full-time upon graduation in 2002. He has performed reviews of all construction types and occupancy groups during his tenure including new structures, additions and alterations.
Mr. Archibald has experience in plan checking a variety of projects including single and multi -family housing, tenant improvements, new commercial and industrial buildings, seismic retrofits, tilt -up warehouses, etc. These projects involved structural systems such as wood framing, light gauge steel, moment frames, cantilever columns, concrete and masonry.
Mx. Archibald has taken the lead role of developing and updating SFA's Commercial & Residential Standard Correction Lists used by the entire plan check team. He has also been the key plan check engineer to follow all the T-24 energy updates and is the "go to" person for energy questions. As a CASp, he also maintains updated training as a CASI member.
Mr. Archibald is one of two key staff engineers that take the lead role in assisting our clients with implementing electronic plan reviews as well as doing data entries in the databases of our client's tracking system when needed. He has worked his entire 1 9-yr. career at SFA.
Mr. Archibald has also been instrumental in helping to establish tailored documentation for some of SFA's newer clients or clients which are modifying procedures or policies. His computer skills have assisted in the coordination of SFA processing with the needs of our clients.
-19-
.Scutt Famehnx & ANsucintes, Inc,
PETER K. TANG, PE
Plan Check Engineer
REGISTRATIONS:
Licensed Civil
Engineer, California
(C-59691)
EDUCATION:
BS, Engineering,
California State
Polytechnic University
EXPERIENCE
Mr. Tang has been a plan check engineer in SFA's Irvine office for 18 years. He reviews both residential and commercial plans for compliance with model codes and ordinances. With a background in forensic investigations on wood-framcd structures, he is particularly well versed in wood structures.
Over an 18-yr. period, Mr. Tang has been exposed to a variety of engineering design assignments with three different structural design firms. He was employed by Seismic, Inc. in Pomona; Ficcadenti & Waggoner Structural Engineers in Irvine; and John A. Martin Structural Engineers in Los Angeles.
Mr. Tang has been an excellent supervisor to junior plan checkers in the area of wood framing. His expertise in rack design has also made him a valuable resource in the review of increasingly large rack systems.
In his engineering design years, Mr. Tang was a project designer on Fresno State's Savemart Center, a steel and concrete sports area; the Pacific Grand Resort, a steel conference center in Huntington Beach; the Westpart Tiempo Community in Irvine, a seismic retrofit of homes; the Casa Gateway Condos in Pacific Palisades; and a seismic evaluation of 3 -story homes.
Through our contract with the city of Norwalk, Mr. Tang worked in- house at the city one day per week for alrnost 8 years. He worked with applicants to answer code questions and to resolve plan check issues for both his projects as well as those of other SFA plan reviewers. His personality allowed him to be a successful ambassador. Mr. Tang is one of two key engineers responsible for doing electronic data entry to client agencies and assisting others with computer entry protocols. -20-
.Scott Fazekma AiNsucintcx, Inc.
TEAM EXPERIENCE
GENERAL
SFA has performed over 200,000 plan reviews during the 25 years that we have provided plan check which have included every type of construction and occupancy group in the building spectrum. We have also encountered many unique administrative policies and processes in working with the building officials in our client jurisdictions which may have arisen due to tight project scheduling, application of alternate design methods or simply due to unique project characteristics.
Some of the projects that all of our engineers have been involved in reviewing and are worth noting to illustrate a broad range of work are as follows:
.
.
.
New undergraduate dormitory 96,200k SF housing facility New mixed use 10 story residential and indoor water park with retail New Assisted living Facilities
New Ambulatory Surgery Centers and Multiple OSk-IPD 3's Multiple residential buildings (apartments and condos) 3 to 5 stories with podium construction and parking below
Mixed use office, retail and housing facilities
Multiple Cannabis Buildings including agriculture, packaging, retail and extraction
Multi --story parking structures
OCSD Sheriff's facility remodel upgrading to Occupancy Category Code IV Multiple large warehouses
Multiple multi -story office buildings
Fire Stations
Municipal Event Centers
Private School Buildings
Large 5 story Distribution Hub Buildings 4 and 5 Story with multi -million sq.ft.
Areas
Three and Four Story mini -storage facilities
Multifamily and Multistory residential projects
Storage racks and large scale conveyor structures
Elderly Care and Child Care Facilities
Blimp Hangers at MCAS Tustin - Evaluation and Re -Use
-21-
mitt Fnzelrns & Associates, Inc.
G. REFERENCES
SFA REFERENCES
SFA currently provides building plan review services for the following agencies and SFA encourages the City to contact these agencies regarding our work performance.
Agency: CITY OF ARCADIA
Reference: Ken Fields, CBO, Building Official
(626) 574-5420
Service: Plan Review since 5/1/1999
Agency: CITY OF CATHEDRAL CITY
Reference: Gil Estrada, CBO, Building Official
(760) 202-2426
Service: Plan Review since 4/1/2002
Agency: CITY OF COSTA MESA
Reference: Ziad Doudar, PE, CBO, Building Official
(714) 754-5604
Reference: Charles Chamoun, Chief Plans Examiner
(714) 754-5614
Services: Plan Review since 1996
Agency: CITY OF GARDEN GROVE
Reference: David Dent, CBO, Building Official
(714) 741-5343
Phil Nguyen, PE, Plan Check Manager
(714) 741-5328
Services: Plan Review since 2020
Agency: CITY OF IRVINE
Reference: Jessie Cardova, PE, CBO, Building Official
(949) 724-6371
Claudia Landeras-Sobiah, SE
(949) 724-6330
Services: Plan Review since 1996
Agency: CITY OF LA HABRA HEIGHTS
Reference: Fabiola Huerta, City Manager
(562) 694-6302, #227
Reference: Rafferty Woddridge, Assistant City Manager/
Community Development Director, #235
Service: Plan Review & Building Official since 1/31/2010 -22-
Scant Panama & Assodintes, Inc.
Agency:
Reference:
Service:
Agency:
Reference:
Service:
Agency:
Reference:
Service:
Agency:
Reference:
Service:
Agency:
Reference:
Service:
Agency:
Reference:
Service:
Agency:
Reference:
Service:
CITY OF PARAMOUNT
John Carver, Community Development Director
(562) 220-2048 [email protected]
Johnnie Rightmer, Building Safety Manager
Plan Review and Building Official since 2/2021
CITY OF SAN FERNANDO
Kanika Kith, Community Development Director
(818) 898-7316
Plan Review since 1999, Building Official since 2017
CITY OF SANTA ANA
Jason Kwak, P.E., CBO, Building Official
(714) 647-5862 [email protected]
Plan Review since 2005
CITY OF TUSTIN
Justina Willkom, Community Development Director
(714) 573-3115
Mariam Madjlessi, P.E., 030, CASp, Deputy Building Official (714) 573-3109 [email protected]
Plan Review since 2/1998 & Building Official since 2012
CITY OF DESERT HOT SPRINGS
Erick Becerril, 030, Community Development Director, Building Official (760) 329-6411 ext. 240 [email protected]
Plan Review since 2018
CITY OF WHITTIER
Adam Tekunoff, CBO, Building Official
(562) 567-9320 aekunoff@cityofwhittier,org
Plan Review since 2018
CITY OF VISTA
Nabil Chehade, P.E., CBO, Building Official
(760) 643-5392 [email protected]
Plan Review since 2017
Other References are available upon request.
-23-
Nco t Fazelrns at Associates, Inc.
L SCOPE OF SERVICES
The Scope of Review provided by SFA covers all the codes mandated for enforcement by the Building Department and are listed as follows:
• Perform architectural, structural, plumbing, mechanical and electrical plan check review for buildings and structures for compliance with applicable Federal and State Paws, building and safety codes, City ordinances, and acceptable engineering practices. Type of proposed plan check work may include new construction (residential, commercial, or industrial), remodel, additions, green building, Accessibility.
• Perform traditional initial building plan check (first review) of submitted plans to determine compliance with City adopted 2022, as amended by the City, CaliforniaBuilding Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Energy Code, California Green Building Code, California Residential Code, California Historical Code and California Existing Building Code.
• Review for federal Flood Plain Regulations, Liquefaction Zone and Alquist-Priolo Zone requirements that may apply to each specific site being developed. The City will flag these conditions upon plan intake.
Review Soils Reports and verify implementation of their design parameters to the structural review of the buildings.
Provide the applicant and the City with a written list of items needed for clarification or correction in order to achieve compliance with building requirements.
Perform all necessary liaison services with the Building Official, or designee, either by mail, e-mail, telephone, or virtual capacity, or in the Consultant's main office to ensure compliance with local policy interpretations.
• Perform building permit plan check services of plan revisions that have been previously submitted and/or have been previously approved for permit issuance.
• Provide a Structural inventory for the project such as Use, Occupancy Type, Construction Type, Number of Stories, total floor area for each occupancy type, Fire Sprinkler requirements, etc.
• Perform reviews upon request by CASp certified.
• Supplemental Fire Reviews (If Required)
California Fire Code, 2022 Edition
J. COST PROPOSAL (Submitted under Separate Cover
-24-
Scuft Fnzdras & Associates, luc.
K. CUSTOMER SERVICE PHILOSOPHY
SFA's customer service philosophy is twofold since we serve the City as our boss and we serve the applicants and the development community as our customers on behalf of the City. We serve the City by Tailoring our services to incorporate City interpretations, policies, philosophy and administrative practices to provide a professional, well documented, defensible and thorough code review service. We serve the applicants by providing the same professional services as expected by the City, however, some of the specific features which the customers expect are access to our staff for easy communication, clearly written corrections with code section references, thorough corrections initially without new corrections upon recheck and timely services which always meet our deadlines. Our knowledgeable and professional staff treat each customer with respect and with the goal in mind of attaining their permits.
APPLICANT QUESTIONNAIRES
SFA provides Applicant Questionnaire at the time of initial review for the design/developer team to complete after the review process is complete. This allows follow-up of any potential process issues but also lets the plan check team know they're open to receiving comments. SFA only implements this when requested by the City, as cities often have their own -quality control measure preferences.
M. PROFESSIONAL LIABILITY INSURANCE
SFA currently has all required insurance and certificates and are on file with the City as SFA is currently under contract with the City of Beaumont.
-25-
.Scott Fnzekns & Associates, Inc.
COST PROPOSAL
FOR
BUILDING AND SAFETY PLAN CHECK SERVICES
City of Beaumont
March 23, 2023
SFA
Scat FitZdt9S 8 Associates, inc.
1' Scitt
Fazekas & AssiwiatesL Inc.
\ Building Safety for Government
March 23, 2023
City of Beaumont
c/o Grace Wichert
550 E. 6th Street
Beaumont, CA 92223
Subject: Cost Proposal for Building & Safety Plan Check Services Dear Ms. Wichert:
Scott Fazekas & Associates, Inc. is submitting the Cost Proposal separately as instructed in the Request for Proposal.
Thank you for the opportunity to submit this Cost Proposal to the City of Beaumont.
Sincerely,
Scott R. Fazekas, AIA, NCARB, CBO, LEER AP, CASp
President
2 Corporate Park, Suite 206, Irvine, CA 92606-5103 • 949/475-2901 • FAX 949/475-2560 • [email protected] An Equal Opportunity Employer
COST PROPOSAL (Submitted Separately)
BUILDING PLAN REVIEW
SPA proposes to charge seventy percent (70%) of the City's Building Plan Check Fee. This is based on using the City's Chart of Building permit Fees Based on Valuation of Project and the most currently available Valuation Data Chart published by ICC. When valuation is not clear it shall be as determined by the Building Official. No additional charges would occur for rechecks until the 4`'review unless the plans were deemed incomplete or were revised to the extent that the City would also be collecting additional fees. Such hourly charges would be based on a $120.00/hour rate.
Fire plan review if applicable, will be provided on an -hourly basis of S 135/hour.
Additional related services required by the Building Official would be charged at an hourly rate which is mutually agreed upon in writing by both parties.
Scott lr atzelms & Assircintcs
City [=I l;a',w;•1r.,..is :]-
EXHIBIT "B"
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
SCOTFAZ-01 MCCOWANA
ACa.12Dr"
CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DOF'YYYI
5115/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement[s).
PROD11cER License # 0E67768
IOA Insurance Services
4370 La Jolla Village Drive
Suite 600
San Diego, CA 92122
INSURED
Scott Fazekas & Associates
9 Corporate Park Drive
Irvine, CA 92605
COVERAGES
weer All Smith
PHONE
(A/C, 788.5795 50206
N0. Ext): (619) N
EMs,, [email protected]
(N , Ne);(619) 574-6268
INSURERS) AFFORDING COVERAGE
INSURER A; RLI Insurance Company
INSURERS:Continental Casualty Company
INSURER C:
INSURER D :
HNC C
13056
20443
INSURER E :
INSURER F
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR LT
TYPE OF INSURANCE
ADDL
SUBR1
WVQ
II POLICY NUMBER
POLICY EFF I POLICY EXP
jMMIDQ�YYYY1 • IMMIOD/YYYYI
LOUTS
A
X
COMMERCIAL GENERAL LIABILITY
_MD
X
X
p3'B0003027
6!5!2023
I
6/512024
EACH OCCURRENCE
$ 1,000,000
CLAIMSMADE X OCCUR
DAMAGE TO RENTED
.L EMt (Ee°carrrencas
$ 1,000,000
X
Cent LIabiSev of lilt
MED ExP (A one person)
ny
10,000
PERSONAL &ADV INJURY
$ 1,000,000
GEN'L
AGGREGATE LIMIT APPLIES PER:
POLICY El ,IEtT n LOC
OTHER:
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS • COMP/OP AGG
$ 2,000,000
Ded Is
0 A
AUTOMOBILE
LIABILITY
ANY AUTO
PSB0003027
6/5/2023
6/5/2024
COMBINED SINGLE [MIT
IEl accident!
1,000,000
$
BODILY INJURY.(Perpereon
$
OWNED SCHEDULED
am AUTOS
AUTOSRE�ONLY L `H
BODILY INJURY iPeraccldentl
$
X
WNEp
AUTOS ONLY ;A[]TOSONLY ���
edeMMAGE
XHNoC.Dwne lf
A
X
UMBRELLA LIAB I X OCCUR
P5E0001119
6/5/2023
6/5/2024
1'
EACH OCCURRENCE
$ 2,000,000
EXCESS LAB i CLAUS -MADE
AGGREGATE
g 2,000,000
DED X I RETENTION: 0
s
A
WORKERS
AND
ANYp
OFF10EERRRMEMHEHRr
thi
H s,
DESCRIPTION
COMPENSATION
EMPLOYERS' LIABILITY
Y�
N/A
X
PSW0001945
6/5/2023
f
6/5/2024
X f STATUTE I I ERO
EL EACH ACCIDENT
$ 1,000!000
cPROPR�IMETORIPARTNER/EXECUTIVE
EXCLUDED?
E1 DISEASE - EA EMPLOYEE
1,000,000
$
d In
describe under
OF OPERATI ONS below
EL. DISEASE - POLICY LIMIT
$ 1,000,000
B
B
Professional Liab.
Ded.: $20k Per Claim
AACH288352513
CH288352513
6/512023
61512023
6/512024
61512024
Per Claim
Aggregate
2,000,000
2,000,000
DESCRIPTION aF OPERATIONS 1 LOCATIONS/ VEHICLES {ACORD
Re: All Operations
City of Beaumont is Additional Insured with respect to
and Non -Contributory. Waiver of Subrogation applies
30 Days Notice of Cancellation with 10 Days Notice for
101. Additional Remarks Schad 01.. may be attached if rnore space is required) General Liability per the attached endorsement as required by written contract. Insurance is primary to General Liability and Workers' Compensation.
Non -Payment of Premium in accordance with the policy provisions.
CERTIFICATE HOLDER
CANCELLATION
City of Beaumont
550 E. 6th Street
_LBea.umont, CA 92223
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016103)
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Named Insured: Scott Fazel as & Associates, Inc.
Policy Number: PSI30003027
RLl Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack® FOR DESIGN PROFESSIONALS
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM - SECTION II — LIABILITY
1. C. WHO IS AN INSURED Is amended to include as
an additional insured any person or organization that
you agree in a contract or agreement requiring
insurance to include as an additional insured on this
policy, but only with respect to liability for "bodily
injury", "property damage" or "personal and
advertising injury' caused in whole or in part by you
or those acting on your behalf:
a. In the performance of your ongoing operations;
b. in connection with premises owned by or rented
to you; or
c. In connection with "your work" and included
within the `product -completed operations
hazard".
2. The insurance provided to the additional insured by
this endorsement is limited as follows:
a. This insurance does not apply on any basis to
any person or organization for which coverage
as an additional insured specifically is added by
another endorsement to this policy.
b. This insurance does not apply to the rendering
of or failure to render any "professional
services".
c. This endorsement does not increase any of the
limits of insurance stated in O. Liability And
Medical Expenses Limits of Insurance,
3. The following is added to SECTION III H.2. Other
Insurance — COMMON POLICY CONDITIONS
(BUT APPLICABLE ONLY TO SECTION II —
LIABILITY)
However, if you specifically agree in a contract or
agreement that the insurance provided to an
PP6 304 06 10
additional insured under this policy must apply on a
primary basis, or a primary and non-contributory
basis, this insurance is primary to other insurance
that is available to such additional insured which
covers such additional insured as a named insured,
and we will not share with that other insurance,
provided that
a. The "bodily injury" or "property damage" for
which coverage is sought occurs after you have
entered into that contract or agreement; or
b. The "personal and advertising injury" for which
coverage is sought arises out of an offense
committed after you have entered into that
contract or agreement.
4. The following is added to SECTION III K. 2.
Transfer of Rights of Recovery Against Others to
Us — COMMON POLICY CONDITIONS (BUT
APPLICABLE TO ONLY TO SECTION II —
LIABILITY)
We waive any rights of recovery we may have
against any person or organization because of
payments we make for 'bodily injury', "property
damage" or "personal and advertising injury" arising
out of 'your work" performed by you, or on your
behalf, under a contract or agreement with that
person or organization. We waive these rights only
where you have agreed to do so as part of a
contract or agreement with such person or
organization entered into by you before the "bodily
injury" or "property damage" occurs, or the "personal
and advertising injury" offense is committed.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
Named Insured: Scott Faxekes &Assoaates, Inc.
Policy Number: PSW0001945
WORKERS COMPENSATION AND EMPLOYERS LiAS;LITY INSURANCE POLICY WQ 44 03.06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT —CALIFORNIA (d. 04-04)
We have the right to recover our payments from anyone liable for an injury covered by this -policy. We will net enforce our right against•ttre•person ororganization named in the Schedule. (This•agreernent applies only to the extent: that you perform work under a written cortract that requires you fb obtain this agreement from us.) You must maintain payroll records.accurate€y segregattngtthe remuneration of your employees while engaged in the work described in the Schedule.
The additional premiurri or this endorsement shall be % of the Califon€a workers' compensation. preMium otherwiee.due on•sudii remuneration,
Person or..Organization
All persons or organizations that aie party to a contract that requires you to obtain this.agreerhent, provided you
executed the contract before the loss
Schedule
Job Description
Jobs performed far an person or organization
that'yau have agreed with in a Written -contract
to provide this agreement•
BEAUMONT
-C A L I F .Q R N I A --
CONTRACT FOR MAYOR'S SIGNATURE
Date: 05/23/2023
Contractor:
Scott Fazekas & Associates
Quote(s):
Other (Specify):
Informal Bid: ❑ Formal Bid:
Approved By City Council:
r
Yes
Attachments included:
proposal
n COI (if applicable)
N/A
Date Approved: 05/16/2023
Notes/ Comments:
On -call Building & Safety Plan Check Services
RFP posted, 02/23/2023, closed 03/23/2023
Return to:
Grace
BAUME ONTA -C A L I F O R N I
Staff Report
TO: City Council
FROM: Jaime Salas, IT Manager
DATE August 20, 2024
SUBJECT: Authorize a Five Year Copier Agreement with Konica Minolta Description City-wide leasing of multi -function copiers.
Background and Analysis:
The City currently has 10 multi -function copiers distributed amongst the following department and facilities: City Hall, Transit, Police Department, Community Services, Public Works and Wastewater. The existing contract expired August 5, 2024. Staff issued a request for proposals (RFP) for a new multi -year contract for multi -function copiers on February 2, 2024. Nine (9) responses were received on time on the due date of May 31, 2024. After review only five proposals met the requirements in the RFP.
• Digital Image Solutions - $111,522.00 (copiers only) — Vendor did not include cost per copy, accessories, or security features.
• Advance Office - $75,050.40 (copiers only) — RFP did not included cost per copy, accessories, or security features.
• Konica Minolta - $198,888.00 (copiers and flat rate fee for copies). • AIS - $196,362.00 — (copiers and unlimited copies) - No accessories or security features supported.
• Abd Office Solutions $365,736.00 — (copiers and unlimited printing) No security features supported.
A committee was formed by members of staff from Information Technology, City Hall and the Police Department to review each vendor's proposal. The top three vendors were identified, and staff scheduled site visits for demonstrations and review of optional features. After the site visits the team met and unanimously selected Konica Minolta.
The technology, ease of use, service capabilities, optimal costs, security features, and support led to the selection as a best fit for our print infrastructure.
As part of the negotiations a large plotter printer (1 HP Pagewide XL 4200 MFP) lease was added. Plotter printers are known for producing large high -quality prints with
precise intricate lines for maps and other detailed images. The final scope and fees were negotiated to include all professional project services, all hardware leases, flat rate fee for copies, advanced security solutions, service and support to include all parts and labor.
Fiscal Impact:
The new monthly contract amount of $5,876 is fully budgeted for and will be allocated between the general fund (GL -100-1230-7075), transit (GL -750-7000-7075) and wastewater (GL -700-4050-7075). Future years will be budgeted annually for a total 60 - month term, not to exceed $352,560.00.
Recommended Action:
Authorize the City Manager to execute a five-year Premier Advantage Agreement and Lease Schedule A with Konica Minolta for an amount not to exceed $352,560.00.
Attachments:
A. Konica Minolta RFP
B. Updated Cost Sheet
C. Konica Minolta Lease Agreement
D. Konica Minolta Schedule A — Equipment List
111111,
KONICA MINOLTA
PROPOSAL FOR:
City of Beaumont
PRESENTED BY:
Ida Rodsand-Tolan
Senior Account Executive - GES
[email protected]
w
KONICA MINOLTA
May 8th, 2024
City of Beaumont
550 E 6th St,
Beaumont, CA 92223
Attn: Jaime Salas, Information Technology Director
RE: Request for Proposal
Dear Jaime Salas and City of Beaumont:
Konica Minolta, represented by the City of Beaumont's (the City) dedicated representative, Ida Rodsand- Tolan and the entire Konica Minolta team, is eager to respond to this RFP. Leveraging our longstanding relationship, this RFP presents a golden opportunity to conduct a review of City's inventory and print infrastructure. We are committed to undertaking a right -sizing exercise for multifunction machines with optimization of the service program, with added security layers to the fleet. Konica Minolta is prepared to deliver cutting -edge multifunction machines tailored to the diverse needs of various departments, ensuring streamlined service for multifunction machines, with added security layer across the fleet.
Understanding that your decisions have enormous impact we have developed a number of solutions exclusively geared toward helping those who work in the government sector. In addition to budget, we identify other key challenges you face, and ways we can help you meet them head on. At Konica Minolta, we are committed to helping you give shape to ideas that will ultimately help the people you serve.
Working with City, the Konica Minolta team will proactively look for more efficient ways to manage print workflow and automate redundant tasks that require time and resources. We can do this with consistent account reviews that highlight opportunities for improvement and share how we have helped valued clients.
We know that successful, strategic partnerships are built on a shared vision and the ability to execute. We are excited about the alignment of our two organizations, and believe that we are uniquely positioned to offer industry leading solutions and innovation to City of Beaumont. After having reviewed the requirements of your RFP, we have proposed a program that aligns with your goals and will deliver the greatest value to you.
Should you require any additional information, please direct all inquiries to:
Ida Rodsand-Tolan
3390 University Ave, 6th Floor
Riverside, CA 92591
(909) 663-8833
[email protected]
Thank you for considering Konica Minolta in your evaluations. We look forward to demonstrating our continued commitment to the City and are confident that our offering will meet your expectations.
Sincerely,
Lyon Peraji
Market Vice President Sales, West
KONICA MINOLTA
Table of Contents
Executive Summary Section 1
Account Management
Enterprise Engagement Team
Proposal Requirements Section 2
Response to RFP
References
Customer One Guarantee
Services Program Summary
Clean Planet Program
Konica Minolta Sustainability Information
Lease Agreement
Implementation Plan
Price Proposal Section 3
Pricing Overview
Total Cost Sheet
Price and Configuration Sheet with Options
Supplementary Attachments Section 4
bizhub Secure
ShieldGuard
bizhub vCare
bizhub Model Specifications
- KONICA MINOLTA
Executive Summary
w
KONICA MINOLTA
Executive Summary for City of Beaumont
We are excited for the opportunity to participate in City of Beaumont's Request for Proposal for Copiers.
You will find our teams of experienced industry professionals are aligned and dedicated to executing and managing a managed print program. We are committed to delivering a program to City of Beaumont that will continually add value throughout your digital transformation journey.
We believe that our participation in your project will allow our organizations the opportunity to expand our long-lasting partnership built upon collaboration, innovation, and transformation. One of the many elements that make us unique from other providers is the ability to listen to our client's requirements, act on them and offer innovative solutions and options.
In response to this RFP Konica Minolta will outline two proposal options for hardware and solutions to optimize the copier fleet. The goal is not to propose a solution that continues the "Status Quo" for the City of Beaumont, but to positively strengthen and streamline its print infrastructure into the future. As mentioned, this RFP is a golden opportunity to revamp and boost the entire fleet and service structure, which will surely benefit both the City of Beaumont and the Konica Minolta team for more effective operational state and service.
Konica Minolta Experience
As a trusted provider to the public sector, for more than 40 years, thousands of small, medium and large government clients rely on Konica Minolta's suite of technology services to deliver critical solutions to their increasingly complex needs. In a time of shrinking budgets, rising costs and increasing expectations, local governments are looking for new and innovative ways to increase productivity, streamline processes and serve the public with greater speed, accuracy and efficiency.
Konica Minolta delivers a collaborative and proactive approach to foster improvements in your efficiency and the effectiveness of your document and information management program. At regular intervals during our relationship, the team will coordinate Periodic Account Review (PAR) meetings that will act as a forum to discuss our partnership, the current deliverables, and the development of future strategies. We recommend these reviews take place on a quarterly basis, or as needed, throughout the term of your contract.
Customized fleet reports, based on data collected by our service and billing system, will also be presented to analyze performance in a concise manner. The format of the reports, and the data to be included, will be
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discussed upon award to ensure that all relevant data can be captured and accurately defined.
Konica Minolta will provide additional support by:
• Performing site analyses
• Organizing delivery and deployment of products
• Managing contract changes and additions
• Implementing process improvements
• Tracking order receipt and fulfillment
• Coordinating service, maintenance and end user training • Providing invoice and fleet reporting
• Engaging third party providers when necessary
• Providing our loyalty every step of the way!
Government and Public Sector Experience
Konica Minolta manages two million clients worldwide which encompasses MFPs and printers for our mid - market and large enterprise clients. Our projects range in scope from local, to national, to worldwide enterprise deployments. For every client, we utilize our technology, experience, and subject matter experts to design a solution that is tailored to each individual client's needs to ensure they achieve their goals.
PRESENT
1NVOFCE &
FLEET
REPORTS
ENGAGE
PARTF
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PROVIDING
OUR LOYALTY
EVERY STEP
OF THE WAY
COORDINATE
SERVICE,
MAINTENANCE R
END USER
TRAINING
CUSTOMIZE &
APPROVE
DEPLOYMENT
GUIDE
Our experience has revealed the below core elements are essential in addressing City of Beaumont's goals and objectives:
• Reduce the total cost and footprint of print services administration. • Deliver cutting -edge technology and capabilities that align with City of Beaumont's strategy and vision.
• Provide end -users with a consistent and state-of-the-art experience.
Additionally, we will recommend new ideas and options that will lower City of Beaumont's total cost of operation and will increase administrative efficiencies while providing predictable monthly spend. • Substantially decrease the total cost of printing, as well as streamline operations, increase efficiency, and reduce energy costs.
Our proposal addresses all of the above key objectives and defines our plan and methodology to implement a state-of-the-art copier fleet and solutions. This program will result in enhanced operational efficiencies, seamless and consistent support, and realized continuous improvement to reduce cost across your organization.
A summary of our proposal includes:
In compliance with the City of Beaumont's requirements, Konica Minolta is poised to present a competitive RFP response for Leasing Option featuring 9 state-of-the-art multifunction printers. Konica Minolta brings a comprehensive suite of premier products and services tailored for cost accounting, security, and seamless business workflow integration to drive continuous improvement. Our commitment is to address every aspect of this RFP comprehensively, encompassing both products and solutions.
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Our commitment is not just to meet but to exceed your expectations by delivering a comprehensive suite of services and solutions that align with your unique requirements. We look forward to the opportunity to contribute to the efficiency and success of your print environment.
Continuous Improvement
Working with City of Beaumont we will be positioned to also improve document intensive business processes and workflows. Organizations such as San Bernardino County and University of Redlands are turning to us for solutions that can effectively leverage the power of technology to make their operations more efficient. We will proactively look for better ways to manage documents and automate the lower value, redundant tasks that require time and resources.
Konica Minolta will work together with City of Beaumont to exceed the requirements as stated in this RFP.
We appreciate this opportunity and look forward to the next steps in the RFP process. We know that successful, strategic partnerships are built on a shared vision and the ability to execute. We are excited about the alignment of our two organizations, and believe that we are uniquely positioned to offer industry leading solutions and innovation to City of Beaumont. Our proposal deliverables will address your key goals and objectives of which you have outlined within your RFP.
The Konica Minolta team looks forward to the next phase of the RFP process and eagerly awaits the opportunity to demonstrate the value we will bring to City of Beaumont as a true partner.
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ACCOUNT MANAGEMENT
Our relationship will be managed by the Account Management team based in our Riverside sales and service branch office, spearheaded by your dedicated Account Executive, Ida Rodsand-Tolan. The team will ensure the overall success of your program and the timely implementation of our solution.
At regular intervals, Konica Minolta will coordinate Periodic Account Review (PAR) meetings. The meetings will act as a forum to discuss our partnership, the current deliverables, and the development of future strategies. We recommend and encourage these reviews to take place on a quarterly basis, but can be scheduled as needed throughout the term of the contract. Fleet reports will also be presented for evaluation, based on the data collected by our service and billing systems and customized to the needs of City of Beaumont. The format of the reports, and the data to be included, will be discussed upon award to ensure that all relevant data can be captured and accurately defined. This structure will ensure that City of Beaumont can accurately evaluate our performance, as well the effectiveness of our products and solutions, throughout the fleet and document workflow process.
Your dedicated account management team will also provide support in managing any contract changes or additions, implementing process improvements and resolving all general issues in a timely manner.
Additional support, including site analysis, order receipt and fulfillment, service maintenance, billing and fleet reporting will also be coordinated by Ida as your dedicated representative and the appropriate Konica Minolta team members.
This structure will ensure that the City of Beaumont can accurately evaluate our performance, as well the effectiveness of our products and solutions, throughout the fleet and document workflow process.
Customize &
Approve
Deployment Guide
Present Invoice &
Fleet Reports
Perform Site
Analysis
Track Order
receipt
& Fulflllment
ACCOUNT
MANAGEMENT
Providing our loyalty! every
step of tine way
Engage 3ro Party
Providers
Coordinate
Service,
Maintenance &
End User Training
Manage Delivery
& Deployment
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Account Management Team
Project Manager, Primary and Supportive Points of Contact are described as the following:
• Project Manager is the main point of contact for the entire project, from initiation, implementation and continued partnership.
• Primary are listed as added points of contact for their dedicated teams, in collaboration from initiation and continued partnership.
• Supportive are listed as backups for any escalation needed or additional resources.
The designated point of contacts for City of Beaumont will be:
Ida Rodsand-Tolan - Senior Account Executive (Project Manager) 3390 University Ave, Riverside CA 92501
[email protected]
(909) 801-5245 / (909) 663-8833
Ida is the City of Beaumont's dedicated local representative. Ida has previous experience as an account executive in an international software company and joined Konica Minolta in November 2021. Ida's skills and expertise include sales, management, solution selling and a primary focus on maintaining exceptional client relations and support, finding solutions to create continued value to our client. Ida looks forward to our continued partnership and working closely with City of Beaumont with a focused goal of providing excellent service.
Jeremy Brigham — Sr. Sales Manager (Primary)
3390 University Ave, Riverside CA 92501
[email protected]
(323) 807-1656
Jeremy Brigham is a seasoned Sales Manager and has been with Konica Minolta since November 2009. In the summer of 2023 Jeremy transferred to Sr. Sales Manager from Los Angeles to the Riverside branch and brings vast experience in both commercial and government account management and sales. In addition to being a Navy Engineer Veteran of 7 years, he brings a passion for structure and oversight to the team.
Krissy Feldmann - Area Vice President (Supportive)
3390 University Ave, Riverside, CA 92501
[email protected]
(909) 801-5240
Krissy started with Konica Minolta in 2005 with the San Bernardino Major Account team as a commercial Major Account Representative, and soon transitioned into the City, Military and K-12 sector. With her experience and knowledge, she looks forward to pricing state of the art service. Krissy was recently promoted from Strategic Sales Director to Area Vice President.
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Lyon Peraji - Market Vice President (Supportive)
3390 University Ave, Riverside 92501
[email protected]
(909) 499-0278
Lyon started with Minolta in 1993 and in 1997 was promoted as the representative for the County of San Bernardino. As Market Vice President, Lyon continues to be dedicated and highly involved in the community, making sure the local team continues to provide the highest level of support and service to every single organization from the largest to the smallest.
Errol Noel — Sr. Service Branch Manager (Primary)
3390 University Ave, Riverside 92501
[email protected]
(909) 801-5204
With over 30 years in the printing business, Errol brings a wealth of experience from various Fortune 100 companies that he was involved with. He manages several of all the Major Accounts office products and many technicians who serve the Inland Empire. 8 years ago Errol developed the Service Level Agreement program for the County of San Bernardino area and continues to enhance the level of dedication and support. Errol has been with Konica Minolta since July 2015.
Jorge Yzaguirre - Service Branch Manager (Supportive)
3390 University Ave, Riverside 92501
[email protected]
(909) 801-5232
Jorge is a service management professional in the office technology industry with close to 30 years of experience. He has advanced his career through a series of assignments throughout Southern California that has taken charge of the increased responsibility and challenges.
Jorge has been with Konica Minolta since August 1987.
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Kim King - SoCal Market Manager for Administration (Supportive) 1900 S State College Blvd, Anaheim CA 92806
[email protected]
(714) 688-7705
Kim has over 30 years with Konica Minolta. Kim and her team are a huge part of the support mechanism that encompasses the back end of our operations. Her vast experience is crucial in providing dedicated support to operations.
Christina Sanders - Client Support Representative Product Training Specialist (Supportive)
3390 University Ave, Riverside 92501
[email protected]
(909) 800-6414
Christina is dedicated to supporting and training clients. She has been with Konica Minolta for 10 years. Christina's primary responsibility is to provide after -install support through on -site training on how to best use the devices that have been deployed.
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Enterprise Engagement Team
Konica Minolta understands that selecting the right Copier Program provider is a journey. In addition to the common selection criteria: price, technology and service delivery, companies must also consider the transition factor. Transition is a key element of any successful deployment. Well planned transitions lead to the achievement of program goals including: cost savings, optimization, end -user satisfaction and operational improvement.
Put simply, the transition from your current print environment to the future state requires change. We understand that as your trusted supplier, we must provide direction and a roadmap on which way to head, be able to measure progress and let you know how to know when you have reached the destination.
Ultimately, transition success depends upon our relationship with you, and our Enterprise Engagement Team is committed to earning Konica Minolta the status of a trusted partner.
The Enterprise Engagement Team is comprised of:
Engagement Team Manager
Project Coordinator
Business Development Associate
This experienced engagement and transition team is dedicated to the successful management of change within your organization and to the achievement of desired business outcomes. The Enterprise Engagement Team is responsible for the planning, development and execution of a successful transition to an optimized Copier Program.
This team of experts is committed to understanding your objectives and challenges then developing a successful transition plan for your organization. We utilize proven transition techniques and methods based on the practical framework of project management principles.
One of these techniques is the Technical Pilot. We use this method to place a device in your environment and install any and all software and hardware that you would like to see demonstrated, tested, and validated.
Once we have put the device through its paces and determined all of the necessary settings for it to reside on your network, we will then use these findings to create a clone of the device for us to apply it to the rest of your fleet. Ultimately this will give a uniformed look and feel all across your enterprise. This also allows for us to do the majority of the configurations of the device in our warehouse so that we can deliver the product as close to plug and play as possible.
Successful transitions include the following elements:
• Agreement on project objectives and alignment with business goals • Initiation and management of change to achieve objectives • Monitoring and communication of progress during the project • Building of performance measures related to the objectives • Low Risk of Business Interruption
• Understanding of all roles and responsibilities
The Enterprise Engagement Team provides a standard approach to your transition project. Our approach is proven and repeatable but allows for variations based on client requirements.
The standard process encompasses:
• Project definition
• Project Plans
• Project Status Reporting
• Project Communications / Briefings / Training Materials Konica Minolta has made a significant investment in these teams as they are a new addition to the value that Konica Minolta brings to the engagement.
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Proposal Requirements
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Proposal Requirements
1. Company Overview:
a. Company name, address, and contact information.
Konica Minolta Business Solutions U.S.A., Inc.
100 Williams Drive, Ramsey NJ 07446
(201) 825-4000
www.konicaminolta.us
Account Manager contact information:
Ida Rodsand-Tolan
[email protected]
b. Number of years in business.
64 years. Konica Minolta has been selling and supporting our own line of photo imaging devices since its incorporation in 1959, New York.
c. Description of your company's experience in providing copier solutions to government or similar organizations.
Konica Minolta has a long history of implementing successful programs for clients across ALL industries including Fortune 1000 firms, expansive federal and local government agencies and many commercial organizations ranging from global conglomerates to small businesses.
Government agencies must handle complex tasks with their employee and constituent needs in mind. In a time of shrinking budgets, rising costs and increasing expectations, local governments are looking for new and innovative ways to increase productivity, streamline processes and serve the public with greater speed, accuracy and efficiency. As a trusted provider to the public sector, for more than 50 years, thousands of small, medium and large government clients have come to rely on Konica Minolta's suite of technology services to deliver critical solutions to their increasingly complex needs.
Our depth of experience, including having placed thousands of units with the US Federal Government, includes award -winning security. Security is a primary concern for government entities and a design focus at Konica Minolta. Our solid-state drives are overwritten to Department of Defense standards. We engineer every bizhub product as a total hardened and secure system, and achieve ISO 15408 Common Criteria security certification for each product as a total system, in contrast to some other MFPs in the market which are certified based on a security option.
2. Technical Specifications:
a.Detailed specifications of the copiers being offered, including models, features, and capabilities.
All device specifications of the proposed devices have been provided in Section 4 of the final proposal.
Please refer to the "Price and Configuration Sheet with Options" located in Section 3 of our final proposal.
Technical Specification for Option 1 and Option 2 are included. b. Compatibility with our existing office network and software systems.
Konica Minolta can provide compatibility with City of Beaumont's existing network and systems.
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c. Any additional accessories or optional features available.
Konica Minolta is the only office product vendor to offer an official storage drive protection data security service - bizhub SECURE. This award -winning security service is part of the basic firmware and is included in our proposal. The service was created based on customer demand. Our clients asked us to configure and deliver the MFDs in a hardened state, as such bizhub SECURE was created.
• SSD Lock Password- the internal Solid State Drive can be locked using a password of 20 alphanumeric characters. The data stored on the SSD is protected -Even if the SSD is removed from the MFP and installed into a different MFP or PC, the data cannot be read. The hard drive will not turn on.
• Security Drive Encryption- Hard drive data can be encrypted using the 256 bit Advanced Encryption Standard (AES). Once a drive is encrypted the data cannot be read even if the SSD is removed from the MFP.
• Security Drive Sanitization- At disposal, a key operator, administrator or technician can physically wipe (erase) the hard drive if the MFP needs to be relocated or at the end of the lease. The hard drives can be overwritten (sanitized) using up to 8 different highly secure methods including DOD, NASA, Air Force, and NSA standards. The SSD based models support a 1 time overwrite standard for SSDs. • Data Auto Deletion- this allows an administrator to set an auto deletion time for data stored in the personal or public user boxes, as well as system boxed (e.g. secure print box or encrypted PDF print box). The auto deletion setting will erase the copy, print, scan or fax jobs stored in boxes, depending on the storage period and the time from selected for deletion. The data is automatically erased using a highly secure U.S. Department of Defense overwrite method.
• Automatic Job Overwrite (temporary date overwrite) Most bizhub MFP's support automatic erase of any temporary image data that might remain on the hard drive immediately after a job is completed. Temporary Data overwrite conforms to DoD methods (HDD Models Only).
Shield Guard Security monitoring and remediation tool (Optional) - Shield Guard is a centralized platform that helps IT admins manage the security of their organization's entire print fleet in a single 100% cloud based dashboard. Shield Guard offers at -a -glance monitoring of fleet security compliance, complementing our proposed bizhub SECURE services. Shield Guard uses policy templates to evaluate the devices and can remediate a non -compliant device with a single click. Shield Guard also sends alerts if security threats are identified enabling rapid mitigation or even automated remediation. Additionally Shield Guard can auto -manage the admin password, changing the MFD passwords across the fleet on a fixed schedule automatically.
Link:
https://www.youtube.com/watch?v=NQYh-aBkhXw
3. Pricing:
a. A breakdown of all costs, including the cost of copiers, installation, maintenance, and any ongoing service fees.
A breakdown of all costs has been included in the Complete Pricing Summary located in Section 3 of our final proposal.
b. Any discounts or incentives offered to a local government entity.
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As a standard practice Konica Minolta does not offer early payment discounts; however, the possibility can be negotiated during the contract phase. We factor all variables into our pricing in order to provide you the most competitive pricing based on your criteria which alleviates the need for payment discounts.
c. Terms of payment and billing options.
The billing cycle will be initiated upon device installation. Our billing terms are net 30 days from date of invoice. KMPF can also mail an invoice up to 60 days in advance of the invoice due date to accommodate requests for additional processing time.
4. References:
Contact information for at least three references from government or business clients who have used your copier services.
Konica Minolta can fully comply and has provided the requested references in Section 2 of our final proposal.
5. Warranty and Support:
a. Details of the warranty offered on the copiers.
City of Beaumont's sole and exclusive guarantee shall be the Customer One Guarantee.
Konica Minolta will maintain the product covered by this guarantee in good operating condition and necessary maintenance, service, and repairs as specified by the terms of the written maintenance agreement. Should a workgroup model be out of service due to maintenance needs, for more than 16 consecutive business hours, Konica Minolta will provide a loaner device of similar capabilities upon request. Any device that Konica Minolta determines cannot be properly repaired to manufacturer's specifications will be eligible for a replacement device of substantially similar or greater capabilities, at no additional charge.
The best client experience is one that avoids issues altogether which is why we've established remote monitoring and a rapid response process in conjunction with your local sales representative.
Our Solutions & Support team will proactively monitor our installed MFP's performance, looking to identify instances prior to them becoming an issue for our clients. Should an instance arise, our technical support, local service manager and advanced diagnostics team members will authorize a replacement, resulting in a fast and easy resolution.
A copy of our Customer One Guarantee has been included in Section 3 of our final proposal. b. Information on the availability of technical support, response times, and service guarantees.
Konica Minolta offers 24/7/365 client support and supply order placement. The Konica Minolta service program includes a variety of provisions designed to optimize the availability of your Konica Minolta devices. These service guarantees are based around the corporate service standard of a minimum 95% average fleet uptime. To achieve this standard, Konica Minolta is committed to a 4 -hour average on -site response time for all client locations serviced by a branch. Upon arrival, the Authorized Technician will utilize their own "trunk stock" of inventory, which consists of most common replacement parts, to ensure first call repair. Normal service hours are from 8:00am to 5:00pm Monday to Friday, excluding holidays. Printers, requiring onsite service, are responded to on the next business day.
As a standard feature of all Konica Minolta service maintenance programs, Konica Minolta proactively provides all preventative maintenance for your installed base of Konica Minolta devices at no additional charge. During each service call, the technician will evaluate the usage of the device against prescribed preventative maintenance requirements and perform any scheduled maintenance. Konica Minolta also continually monitors the usage history of each device in your fleet to identify upcoming preventative maintenance schedules.
Konica Minolta supports the in -field technical needs of our authorized technicians through our Systems Solutions and Development (SSD), a dedicated team of technical engineers. While
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first line technical support is provided by our factory -trained and certified technicians, SSD Technical Support remains available, through a toll -free hotline and interactive website, to support any escalated technical issues. When a technician requires additional technical support, to correct a device or network issue, they can contact the SSD. The SSD engineers will walk the technician through various procedures to correct the issues. If the issue cannot be resolved over the phone, SSD Technical Support will promptly initiate an onsite visit by an engineer, who will evaluate and correct the issue. This process ensures that no technician, and no Konica Minolta product, will be left unsupported in the field, further increasing the reliability of your Konica Minolta fleet.
Please refer to our "Service Program Summary and Detail" referenced in Section 2 in our proposal for more in depth information.
6. Sustainability and Environmental Commitment:
a. Information on any eco-friendly features or practices associated with your copiers.
Konica Minolta devices and software have been designed for optimum operation while minimizing energy consumption. The low TEC values of Konica Minolta's products are particularly impressive. Our bizhub color and B&W models achieve among the lowest power consumption rates of any MFPs in their class. In addition, most Konica Minolta office systems now have three power -saving modes that significantly reduce energy consumption during idle phases.
For more than a dozen years, Konica Minolta printer/copiers and MFPs have had a significant environmental advantage: our exclusive Simitri HDE toner, a polymerized toner formulation using biomass plant -based materials to reduce environmental impact. Simitri toner has smaller, more uniform particles than ordinary toners. That means almost one-third less toner is needed to create an image. Simitri toner also fuses to paper at lower temperatures, generating less heat and requiring less energy. The emission of CO2 is cut by nearly 40 percent.
Duplexing is also standard on most bizhub MFPs, saving paper with 2 -sided printing capability at full rated output speed. Our unique Eco-indicator enables customers to monitor paper, toner and energy usage by device, account or end -user to promote greater cost- consciousness.
Konica Minolta's Clean Planet Program provides the City of Beaumont an environmentally responsible way to dispose of all Konica Minolta consumables from every Konica Minolta model. Consumables such as toner cartridges, imaging units, waste toner bottles, developer units, and drums. Regardless of the volume of consumables you use, there's a recycling program to fit your needs. Using state-of-the-art material separation processes, all consumables are processed, extracted and recovered for reuse. Recovered component materials are reengineered so they can again be manufactured into useful products such as asphalt and plastic modifiers.
Please refer to our "Clean Planet Program" document referenced in Section 2 in our proposal for more in depth information.
b. Any environmental certifications or awards your company has received.
Our concern for the environment is evident from the numerous recognitions we have received.
• Konica Minolta) has been listed among the "2023 Global 100 Most Sustainable Corporations in the World" (2023 Global 100). The company's inclusion on this prestigious list marks the sixth time and the fifth year in a row it has been honored, following 2011 and 2019-2022. The 2023 Global 100 corporations that excel in sustainability were selected based on a rigorous assessment of more than 6,000 public companies with more than US $1 billion in revenues around the globe based on an evaluation of environmental, social and governance indicators as well as the ability to promote diversity and innovation and the percentage of sales of eco-friendly products.
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• Konica Minolta, Inc. (Konica Minolta) has been awarded a GOLD Level Recognition Medal in the EcoVadis sustainability ratings issued by EcoVadis of France for its corporate responsibility practices. The company was ranked in the top 5% of companies evaluated by EcoVadis. Konica Minolta has been rated Gold or higher for nine consecutive years since 2016.
• Konica Minolta, Inc. (Konica Minolta) was awarded Gold Class by RobecoSAM, which is headquartered in Switzerland and the world's leading research and rating company in the ESG investment field, for two consecutive years. • Konica Minolta was ranked first place for two consecutive years in the overall manufacturing sector at the 19th Environmental Management Survey conducted by Nikkei Inc.
• Konica Minolta) has been included in the Dow Jones Sustainability World Index (DJSI World), one of the most prestigious global indices of ESG investment, for nine consecutive years. Konica Minolta has also been included in the Dow Jones Sustainability Asia Pacific Index (DJSI Asia Pacific) for 12 consecutive years. • Konica Minolta has 33 products achieving EPEAT Registry Gold status and is proud to have the highest total of EPEAT points of any registered imaging equipment company in the world. EPEAT managed by the Green Electronics Council, is a free and reliable tool that allows buyers to purchase green electronics that meet their organization's needs while also helping achieve sustainability goals. It tracks more than 4,000 products from 60 manufacturers throughout 43 countries, evaluating products against strict environmental criteria across a product's lifecycle. • Ranked #1 in the 22nd annual Nikkei Environmental Management Survey, an evaluation of sustainability initiatives in environmental and business management. • Konica Minolta has been awarded a global leadership position on the Climate A List by CDP, an international not -for-profit organization engaged in activities to realize a sustainable economy, for the seventh time.
• Konica Minolta joined MidAmerican Energy Services' Renewable Energy Program which allows us to procure renewable energy for our US corporate headquarters.
The green energy supplied through this program is a combination of Biomass, Geothermal, HydroElectric, Solar and Wind power and is being used in addition to the solar energy produced by the solar panels that were installed at the campus in 2013. This partnership means that our headquarters campus in Ramsey, New Jersey now runs on 100% renewable energy! Recognizing our environmental contributions, in May 2022 Konica Minolta was accepted into the U.S. Environmental Protection Agency's Green Power Partnership program. The program helps increase green power use among U.S. organizations as a way to reduce air pollution and other environmental impacts associated with electricity use.
• Konica Minolta is ISO 14001 (Environmental Management) Certified • Konica Minolta has been recognized as a leader demonstrating the management of risks and opportunities of climate change -related information, securing a position on the Japan 500 Climate Disclosure Leadership Index (CDLI).
Compliance:
Confirmation of compliance with all local and federal laws and regulations regarding copier procurement.
Konica Minolta can fully comply. We have a standard code of conduct and compliance management functions in place to govern these protocols. We obey all public laws applicable to us.
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Account References
CLIENT NAME:
City of Ontario
Contact & Title:
Pascal Pangestu - IT Manager
Address:
303 E. B St, Ontario, CA
Phone:
909 395 2044
Email:
[email protected]
Scope of Work:
20+ years of partnership, with copier fleet,
production, services and solutions
# of Units Installed, Network and Software:
70+ Units Installed
CLIENT NAME:
City of Victorville
Contact & Title:
Celeste Calderon - Finance Specialist
Address:
14343 Civic Dr, Victorville, CA
Phone:
760 955 5000
Email:
[email protected]
Scope of Work:
20+ years of partnership with MFDs and Managed
Print Services,
# of Units Installed, Network and Software
55+ Units installed
CLIENT NAME:
City of Barstow
Contact & Title:
Christina Rudsell - City Clerk Services Manager
Address:
220 E Mountain View St #A, Barstow, CA
Phone:
760 255 5122
Email:
[email protected]
Scope of Work:
Second year of partnership
# of Units Installed, Network and Software:
20+ MFDs units installed
Introducing the ONE GUARANTEE
That Puts the Customer First.
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CUSTOMER ONE GUARANTEE
We believe the best customer experience comes from not only how our products perform and how easy they are to use, but also from giving our customers the peace of mind to know that our MFPs (Multifunction Products) are backed by one of the best guarantees in the industry. So when your new Konica Minolta branded MFP arrives, you'll know you are getting the latest technology, superior service and support, and a guarantee direct from the manufacturer.
"It Works or It Walks"
We are so confident in the quality of our products that we guarantee your Konica Minolta branded MFP will (1) meet factory specifications and (2) be compatible with your network, or we'll replace it with an equivalent model:
First two years: replacement will be a brand new MFP
After two years: replacement may be new or refurbished
Plus, Konica Minolta will also provide a $1,000 rebate towards your next Konica Minolta branded MFP leased through Konica Minolta Premier Finance (KMPF) as a way to say "we're sorry for the inconvenience." We've Got You Covered
The best customer experience is one that avoids problems altogether, which is why we've established remote monitoring and a rapid response process in conjunction with your local sales representative. • Our Solutions & Support team will proactively monitor our installed MFP's performance, looking to identify potential issues before they become problems for our customers. • Should a problem arise, our technical support, local service manager and advanced diagnostics team members are all empowered to authorize a replacement, allowing for a fast and easy resolution.
To learn more about the Konica Minolta Customer One Guarantee, contact your local sales representative.
Terms & Conditions
• Equipment must be under continuous maintenance coverage from the date of installation. — Genuine Konica Minolta parts and consumables must be used and maintenance procedures must be performed according to published schedules.
— Improper use, electrical power, customer abuse and/or negligence and acts of God are not covered under this program.
• Equipment Replacement Guarantee
— If Konica Minolta or its authorized dealer is unable to service a Konica Minolta product in the customer's office, a loaner will be provided at no charge while in -shop repairs are performed. — If within the first two years after installation the equipment cannot be repaired to meet factory specifications, we will replace it with a brand new equivalent model. — After the first two years, if the equipment cannot be brought to original specification, we will replace it with an equivalent model that may be new or refurbished. — If the equipment is replaced, the customer will receive a $1,000 rebate* towards the lease of a new Konica Minolta branded MFP, provided the new equipment is leased through KMPF. • Published Specifications include those listed on official Konica Minolta product literature for that model. • Except as provided herein, Konica Minolta makes no other warranties whatsoever, expressed or implied, with regard to the products purchased, leased or rented by customer, the service, the software included with the product or its installation and maintenance and expressly excludes all other warranties including the implied warranties of merchantability and fitness for a particular purpose. • Customer's exclusive remedy shall be replacement or repair of the product or non -conforming parts at the option of Konica Minolta as provided in this Customer One Guarantee. Neither Konica Minolta or its dealer shall be liable for any damages, including but not limited to damages due to loss of data or information of any kind, loss of or damages to revenue, profits or goodwill, damages due to any interruption of business, damage to customer's computers or networks, even if advised of the possibility of such damages. Customer expressly waives its rights to special, consequential, exemplary, incidental or punitive damages or monetary damages of any kind.
• Products purchased or installed over 5 -years from Konica Minolta invoice date are not eligible for Customer One claims.
• Konica Minolta reserves the right to accept or deny Customer One claims based on product life attained and / or total copies on product(s).
• Customer One Guarantee only applies to the lease or purchase of new Konica Minolta branded equipment. • Customer One Guarantee excludes desktop printers which has a standard warranty.
Network Environment
• The guarantee specifies that the network environment, including PC's and other access devices, remains the same as it was when the MFP was installed. Konica Minolta cannot guarantee the functionality of the MFP after customer network upgrades, software version & peripheral changes or the addition of non -approved 3rd party software. In this case, Konica Minolta will make every effort to work with you to ensure your MFP can function in the new environment up to and including requesting and implementing approved specification changes to the Konica Minolta firmware in order to function after the changes are completed. *Rebate must be used within 36 months from date of equipment replacement.
KONICA MINOLTA
Konica Minolta Business Solutions PUSRelrlcl. 9OP ilms Drive 1 Ramsey, NJ 07446 www.kmbs.konicaminolta.us 1 © 2016 Konica Minolta Business Solutions, U.S.A., Inc.
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Service Program
Contact:
Customer Service
• 24/7/365 Client Support & Supply Order Placement
• Toll -Free and Web -based accessibility
Commitment:
Guaranteed Service Standards
• Available 8:OOam - 5:OOpm Monday -Friday *
• After Hours programs available.
• Proactive preventative maintenance
bizhub MFDs:
• 1 hour guaranteed call back
• Minimum 95% average fleet uptime
• Guaranteed response times
bizhub Production Print
• 1 hour guaranteed call back
• Minimum 90% average fleet uptime
• Guaranteed response times
bizhub Printers
Third -party Printers on Managed Print Service Program
• Break/Fix-Trouble shooting via phone
• Next business day onsite service
Expert Support
Technicians
• Product Certified
• Certified on network and software applications
• Real time visibility into available stock
• Escalation support from engineers at Systems Solutions & Development (SSD) • Continuous Training Program
Network / Solutions Professionals
• Support for networked multifunctional peripherals, applications & IT environments • Certified System Support Engineers available via Web -based & Toll -Free • Certified Microsoft Partner
• Virtual Onsite Support (VOS) for remote updates & troubleshooting * except New Year's Day, July 4th, Memorial Day, Labor Day, Thanksgiving, Christmas
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Service Program - Details
Konica Minolta is committed to providing to our clients a world class service program that complements our advanced product offerings. Our established, nationwide program is effective, simple to manage, and efficient in delivering the end -to -end service that our clients rely on.
End User Trainina
Konica Minolta ensures that users are properly trained to operate our devices, as well as utilize the advanced features, to simplify document workflow procedures and increase efficiency. In-depth end user training will be provided upon installation of all new products. Training courses consist of a general overview of the features of the machine, a review of available document processes, such as finishing, scanning and other various options, instruction on how to maintain the device, how to initiate a service call and if necessary, collect and transmit meter reads. Konica Minolta views user training as an on -going process and is committed to providing follow-up training throughout the course of our relationship, at devices.
Production print devices may incorporate advanced user functions that require additional specialized training. Customized training on these functions may be chargeable.
Guaranteed Service Standards
The Konica Minolta service program includes a variety of provisions designed to optimize the availability of your Konica Minolta devices. These service guarantees are based around the corporate service standard of a minimum 95% average fleet uptime. To achieve this standard, Konica Minolta is committed to a 4 -hour average on -site response time for all client locations serviced by a branch or within 50 miles of an authorized dealer. Remote locations beyond this radius will have a technician on -site within an average of 6 hours from call placement. Upon arrival, the Authorized Technician will utilize their own "trunk stock" of inventory, which consists of most common replacement parts, to ensure first call repair. Normal service hours are from 8:00am to 5:00pm Monday to Friday, excluding holidays. Printers, requiring onsite service, are responded to on the next business day.
Customer One Guarantee: "It Works or It Walks"
We are so confident in the quality of our product that we guarantee your new Konica Minolta MFP will (1) meet factory KONICA.MINOLTA _ specifications and (2) be compatible with your network, or we'll replace it with an equivalent model:
• First two years: replacement will be a brand new MFP
• After two years: replacement may be new or refurbished • Konica Minolta will also provide a $1,000 rebate towards your next Konica Minolta branded MFP leased through Konica Minolta Premier Finance (KMPF) as a way to say "we're sorry for the inconvenience."
CUSTOMER ONE GUARANTEE
Konica Minolta will maintain the product covered by this guarantee in good operating condition and necessary maintenance, service and repairs as specified by the terms of the written maintenance agreement. Should a workgroup model be out of service due to maintenance needs, for more than 16 consecutive business hours, Konica Minolta shall provide a loaner unit of similar capabilities upon request.
Any unit that Konica Minolta determines cannot be properly repaired to manufacturer's specifications will be eligible for a replacement unit of substantially similar or greater capabilities, at no additional charge.
The best client experience is one that avoids issues altogether which is why we've established remote monitoring and a rapid response process in conjunction with your local sales representative.
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• Our Solutions & Support team will proactively monitor our installed MFP's performance, looking to identify instances prior to them becoming an issue for our clients. • Should an instance arise, our technical support, local service manager and advanced diagnostics team members are all empowered to authorize a replacement, resulting in a fast and easy resolution.
Proactive Preventative Maintenance
As a standard feature of all Konica Minolta service maintenance programs, Konica Minolta proactively provides all preventative maintenance for your installed base of Konica Minolta devices at no additional charge. During each service call, the technician will evaluate the usage of the device against prescribed preventative maintenance requirements and perform any scheduled maintenance. Konica Minolta also continually monitors the usage history of each device in your fleet to identify upcoming preventative maintenance schedules.
In addition, Konica Minolta products include a self -diagnostic feature that will display a service call on the device's LCD screen to notify users of the need for preventative maintenance. The user can then utilize this code to place a service call, which will initiate the dispatch of an authorized technician to perform the required maintenance, ensuring the increased reliability of your Konica Minolta fleet throughout its lifecycle.
Reliable. Centralized Service Dispatch Systems
Konica Minolta utilizes a centralized service call request process that will ensure timely response to all service requests. The service call process has been standardized, through Konica Minolta's Global Client Services, staffed 24 hours a day, 365 days per year, with trained support professionals to ensure each client receives consistently high levels of service in a simple manner. All client locations are provided toll - free and web -based access to our customer service group, and users can initiate a service call either through the dedicated toll -free hotline or www.MyKMBS.com , our interactive fleet management site, from anywhere at any time.
Upon receipt of a service request, a client support representative enters all devices and call related information into the Konica Minolta SAP Service Management system, which automatically creates a unique service ticket and immediately notifies the assigned Konica Minolta branch technician, or authorized dealer dispatcher, of a new service call. Within one hour of receipt of call, the technician or dispatcher will contact the requestor to confirm call receipt and provide an estimated time of arrival. Upon completion of all service calls, the technician "closes" the call in SAP, which gathers details regarding the call, including response time, machine volume and service issue for future reporting.
Fleet Management Reporting
Konica Minolta offers a unique web -based management -reporting tool, www.MyKMBS.com , which allows our clients to quickly and easily manage the devices in their fleet. MyKMBS offers the ability to place service calls and order supplies online, as well as run ad hoc fleet management reports, which can include usage, uptime and other valuable data relevant to your fleet.
Additionally, it provides an outlet for Konica Minolta to communicate with its clients in a way never before possible. The site provides 24/7 real-time access to all of your device information and reporting needs.
MyKMBS.com allows the client to view pertinent, consolidated information that would normally be provided on a manual case -to -case basis. All information provided is real time and accurate since the tool is linked directly to the Konica Minolta SAP operating system for seamless information flow. All reports include data on a rolling 90 -day period, allowing our clients to view real-time information. In addition, all
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reports can easily be downloaded directly into Microsoft Excel, providing a simple method to sort and retain data.
Available reports include:
• General Fleet Information
Overview of your entire fleet, including device installation dates and service contract coverage dates.
• Fleet Uptime Performance
Uptime and response time statistics for the fleet, including average monthly copy volumes and average copies between calls.
• Device by Location
Customized inventory report detailing the location of all devices. • Open Service Calls
View listings of all open service calls and monitor response times.
Konica Minolta also provides a `3 -in -30 report', which tracks devices that required more than 3 legitimate service calls in a 30 day period. In such cases, the assigned Technical Manager is automatically alerted to escalate the service issue. Additionally, all critical information on the account will appear RED on all display screens throughout the system until the issues have been resolved.
Advanced Communication in Konica Minolta's Direct Branches Konica Minolta has made a substantial investment in technology solutions for key representative to facilitate the flow of information between Branch Field Service Technicians and the System Solutions Development Group (SSD). The Konica Minolta Branch Service Technicians utilize wireless connected laptops and direct - connect cellular phones to manage the service dispatch process and instantly access information required to maintain our devices. Through this system, each Branch Service Technician automatically receives new call notifications from Customer Service through an auto -page system, which is linked directly to their laptop and cellular phone. The technician prioritizes and self -dispatches all service calls, creating a full line of accountability for the devices in their assigned fleet, increasing our response time and in turn, the overall performance of your Konica Minolta fleet.
The technicians can also utilize these tools to easily access Konica Minolta's technical knowledge database, or the engineers of the SSD, to immediately obtain additional technical support and to promptly resolve all service issues. In addition, by entering call -related information through their laptops, replacement parts, for either emergency shipment or to replenish the technician's "trunk stock" inventory, are automatically ordered through our advanced inventory management tool, linked to our SAP system. This investment also ensures that our field technicians have the resources necessary, while in the field, to properly maintain their assigned fleets and meet the high standards set forth by Konica Minolta.
Konica Minolta Mobile Field Service
We support our field technicians by providing them with critical information, faster! All Konica Minolta technicians are equipped with a state of the art mobile technology platform designed specifically to support our service delivery process. The technician has access to real time call updates, and direct visibility into our extensive parts network. If necessary, he can perform part searches with real-time access to his own trunk -stock inventory, as well the local team warehouse and the Konica Minolta national parts distribution centers. Parts can be ordered directly from the device, and emergency orders can be sent directly to the client site, maximizing uptime. The technician can view open service calls and has the ability to manage and transfer calls from the device, streamlining responsiveness. Copies of work orders can be e -mailed to one or more contacts, and Electronic Signature Capture on the devices ensures clear communication to
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clients and service teams.
Advanced Technical Sunnort
Konica Minolta supports the in -field technical needs of our authorized technicians through our Systems Solutions and Development (SSD), a dedicated team of technical engineers. While first line technical support is provided by our factory -trained and certified technicians, SSD Technical Support remains available, through a toll -free hotline and interactive website, to support any escalated technical issues.
When a technician requires additional technical support, to correct a devices or network issue, they can contact the SSD. The SSD engineers will walk the technician through various procedures to correct the issues. If the issue cannot be resolved over the phone, SSD Technical Support will promptly initiate an on - site visit by an engineer, who will evaluate and correct the issue. This process ensures that no technician, and no Konica Minolta product, will be left unsupported in the field, further increasing the reliability of your Konica Minolta fleet.
Service Escalation
Konica Minolta utilizes a multi -phase escalation process designed to determine the root cause of any failure to achieve negotiated service standards. The process is enforced to initiate corrective actions, ensuring that any service failures are promptly rectified, and service is returned to acceptable levels. • First Level Support
All first level technical support for our hardware and network printing functions will be provided by our manufacturer -trained and authorized Konica Minolta service technicians. Konica Minolta technicians will be available to provide on -site support to troubleshoot hardware, software, and network issues. Each technician is fully trained in all aspects of the Konica Minolta products they service, and many have additional network certifications, and servicing capability on third party product, to provide our clients with complete support. In addition, all certified technicians maintain direct access to Konica Minolta's Technical Support Team to assist in troubleshooting and issue resolution for our product.
• Second Level Support
The Konica Minolta Systems Solutions and Development Division (SSD) will provide second level support via direct communication with authorized technicians. The primary objective of the SSD is to provide technical and integration -support services to Konica Minolta branches to support the technical needs of our client base. Upon receipt of inquiry, the SSD evaluates the data it receives to determine trends regarding serviceability, reliability, operation, and safety. The service trend data is collected from sources that include the Customer Service group, voice mails, internet, and written communications from field personnel, field surveys, spare parts usage, and reports from on -site visits by Konica Minolta's personnel. If a particular trend is observed, the matter is referred to the appropriate department(s) for possible manufacturing changes, field service modification programs, and technical bulletins. Useful serviceability and reliability information, collected from the above sources, is immediately available to all authorized branch service technicians, ensuring they have ready access to all current data to assist in supporting the technical functionality of all devices installed throughout our clients' sites.
• Third Level Support
If the SSD is unable to resolve the issue in conjunction with the local systems engineer, the open issue will escalate to Konica Minolta Professional Services (KMPS) for third level review. KMPS is charted to provide a full spectrum of services to clients in North and South America. These services range from consultation and project management, to network design and integration. KMPS is also the manufacturer's on -site support for complex issues or anomalies in conjunction with SSD. KMPS is staffed with engineers carrying various industry certifications including, but not limited to, MCSE / MCSA / CNE / MCNE / CNI / CCNA / CDIA / SCO / Solaris and AS/400 Systems Manager. All data relating to the open issue is escalated to the applicable Konica Minolta engineer. Our engineers will respond on -site, upon review of the issue, with the required knowledge and expertise.
We work with the SSD and on -site client service personnel to isolate client need, root cause and
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will implement the required solution set.
Customer Service
Konica Minolta's Customer Service provides a single point of contact, staffed by system engineers, to help you achieve maximum productivity from your networked multifunctional peripherals and applications.
Technical Expertise - Just a phone call away
All inquiries are handled by a skilled Systems Support Engineer dedicated to resolving issues quickly with no restrictions on contact frequency. The client simply contacts the group by one of three convenient methods:
• Toll free phone number
• Email
• Or by visiting https://km bs.konicaminolta.us/kmbs/support-downloads/global-client-services Access to a Team of Experts
Our highly tenured Systems Support Engineers hold certifications from industry recognized technology leaders such as Microsoft, Novell, Cisco, CompTIA+ and Apple. Konica Minolta Customer Service is also a Certified Microsoft Partner which is the highest level of partner certification awarded by Microsoft for technical competence and backed by client's testimonials.
One Single Point of Contact
Customer Service provides a single point of contact for key solutions to make you more productive by solving your instances far more quickly. Including, printing and finishing solutions, network infrastructure solutions, data management solutions, solutions that cover monochrome and color, hardware and software, networking and IT environments.
State -of -the -Art Lab
Konica Minolta Customer Service has a fully equipped state-of-the-art lab that utilizes with a wide range of multifunctional devices and servers capable of simulating the client's environment in real time.
Virtual Onsite Support (VOS)
With sophisticated remote capabilities, our Customer Service offers our clients remote Virtual Onsite Support (VOS). Virtual Onsite Support is a secure multi -party utility which enables the Konica Minolta System Support Engineer to easily access the client's workstation to troubleshoot, perform updates and install drivers. VOS is PC or MAC compatible and requires the client to have internet access.
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KONICA MINOLTA
A smaller ecological footprint is to everyone's advantage.
Konica Minolta is leading the way.
Whether you have a Konica Minolta desktop printer, a whole fleet of bizhub® MFPs or professional AccurioPress and AccurioPrint printers, it's never been easier to recycle your consumables — toner cartridges, imaging units, waste toner bottles, developer units and drums. The recycling process is simple.
For full details, just visit our Clean Planet website: www.cleanplanetus.com .
CLEAN PLANET RECYCLING PROGRAM.
A better way to handle your consumables.
HOW OUR PROGRAM PROTECTS THE ENVIRONMENT
No consumables in landfills. Konica Minolta has partnered with Close the Loop, Inc., a leading global recycler of imaging consumables to process returned consumables in an environmentally safe and responsible manner. All cartridges are recycled with zero waste to landfill and zero incineration.
Creating new and useful materials. Using state-of-the-art material separation processes, all consumables are processed, extracted and recovered for reuse. Recovered component materials are reengineered so they can again be manufactured into useful products such as asphalt and plastic modifiers.
RECYCLING IS EASY AND AT NO COST TO YOU
No additional cost. Unlike some recycling plans, Konica Minolta's Clean Planet Recycling Program doesn't require you to pay shipping or recycling costs.
All Konica Minolta consumables can be recycled. We now accept toner cartridges, imaging units, waste toner bottles, developer units and drums — all the consumables from every Konica Minolta model, not just selected models. No matter what volume of consumables you use, there's a recycling program to fit your needs.
A total commitment to the environment. For years, Konica Minolta has led the industry in policies and technologies designed to protect our planet — saving energy, minimizing pollution and reducing environmental impact through the entire lifecycle of our products. clean
planet
For complete information on Konica Minolta products and solutions, please visit: CountOnKonicaMinolta.com
Unique end -user online portal.
On our website, you'll find complete instructions on how to order our exclusive Clean Planet recycling boxes. We've streamlined the process so that now all recycling boxes received in your kit have a pre -paid return label applied to the box.
Tracking and reviewing your orders.
A new feature of our online portal includes the ability to track your orders so you'll know exactly when your Clean Planet recycling boxes will arrive at your location.
Online reporting.
Provides the ability to view and print reports that provide year-to-date information on the estimated bulk weight of all materials and total number of pieces you have sent back for recycling by location.
Small and home office customers:
"Create Your Own Clean Planet Box."
The Create Your Own Clean Planet Box program is designed for customers who use 3 consumables per month. Simply consolidate at least 5 Konica Minolta consumables in your own spare box (any box that you have on hand is fine to use), affix the UPS shipping label after printing it from our website, and ship. Please note, this return method is only to be used with Konica Minolta branded materials.
For our mid -sized customers.
A recycling box designed to hold 10-15 items (consumables only, no shipping materials) can be ordered from the CleanPlanet website.
Just assemble the box and place it in your office. When the box is full, simply secure the liner with the included zip ties, tape the lid and schedule a pick up with UPS through our Clean Planet website.
Please note, only Konica Minolta Clean Planet boxes can be accepted.
For high -volume customers.
Konica Minolta can arrange for the delivery and pickup of recycling pallets that hold a larger quantity of consumable items (not shipping materials). Please check our Clean Planet website for details.
For our Managed Print Services customers.
MPS is now part of Konica Minolta's Clean Planet Program, giving you one consolidated method for easily returning and recycling all your consumables.
© 2019 KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC. All rights reserved. Reproduction in whole or in part without written permission is prohibited. KONICA MINOLTA, the KONICA MINOLTA logo and bizhub are registered trademarks or trademarks of KONICA MINOLTA, INC. All other product and brand names are trademarks or registered trademarks of their respective companies or organizations. All features and functions described here may not be available on some products. Design & specifications are subject to change without notice. w
KONICA MINOLTA
KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC.
100 Williams Drive, Ramsey, New Jersey 07446
CountOnKonicaMinolta.com
03000 L'i Item#:CLN2019.0
AN ABUNDANCE OF INNOVATION
FOR A WORLD OF UNLIMITED POTENTIAL
TAKING ACTION. CREATING VALUE. BECAUSE NEITHER OUR
CUSTOMERS, OUR BUSINESSES, NOR OUR WORLD ARE DISPOSABLE.
At Konica Minolta, environmental protection is one of our top priorities. For years, we've been integrating environmental, economic and social perspectives into our corporate strategy. The results have been impressive: new green technologies, lower energy costs, increased participation in recycling programs and much more. Because for us, success is measured by more than dollars and cents; it's measured by the impact we have on our world.
ADDING TRUE VALUE TO OUR
SOCIETY WHILE CONTRIBUTING
TO A SUSTAINABLE FUTURE
ECO VISION 2050:
A COMMITMENT TO
OUR PLANET
Konica Minolta has been taking action to protect
our planet for decades. In 2009, we introduced
our long-term environmental action plan, Eco
Vision 2050. This plan consists of three ambitious
goals that will contribute to a sustainable future:
reduce CO2 emissions from our product life
cycles by 80 percent (minimizing greenhouse
gas emissions that contribute to climate change);
promote recycling and reduce the use of limited
resources; and, lastly, help preserve biodiversity.
We've also set the goal of becoming carbon -
neutral by 2050, aiming to make no net release
of carbon dioxide into the atmosphere. We
are passionate about reaching these goals
and helping our customers achieve their own
sustainability initiatives.
The results have been impressive:
new green technologies,
lower energy costs,
increased participation in
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WORKING TOWARD A
SUSTAINABLE FUTURE
As a global company, Konica Minolta can
make a large-scale positive impact on our
planet. To guide our global environmental
and community initiatives, we are signers of
the United Nations Global Compact and actively
work toward the achievement of their Sustainable
Development Goals.
We've instituted programs such as using solar
energy at our US headquarters, working with the
EPA as members of the SmartWay transportation
program to ensure responsible logistics and
helping our customers recycle with our
Clean Planet Program.
NEW IN 2023
We continue to innovate new ways to manage
our recycling processes by partnering with
companies who do what they say. When you
recycle with our Clean Planet Program you can
be confident that your contribution focuses on
reducing waste and responsibly promotes all
aspects of sustainability.
COST-FREE RECYCLING
FOR OUR CUSTOMERS
KONICA MINOLTA'S COST-FREE RECYCLING PROGRAM KEEPS RECYCLABLE
MATERIALS OUT OF LANDFILLS, MAKING A BIG DIFFERENCE IN PRESERVING OUR ENVIRONMENT BY REDUCING WASTE.
A WIN -WIN SOLUTION FOR EVERYONE
Recycling wastepaper has become a habit for 21st -century office workers.
Konica Minolta is helping lead the way to make electronics recycling just as widespread.
Our Clean Planet Program makes recycling quick, simple and cost-free.
Recycling is available for all Konica Minolta consumables: toner cartridges, imaging units, waste toner bottles, developer, developer units and drums.
Shipping is free. And no matter what volume of consumables you use, there's a recycling program to fit your needs.
The Clean Planet Program is an environmentally friendly option. Simply consolidate at least ten used Konica Minolta consumables into any spare box you have available, line it with a trash bag, print a shipping label from our website and ship the consolidated box of cartridges to be recycled. This program is free of charge for all Konica Minolta customers returning Konica Minolta branded consumables.
For high -volume users, full pallet pickup arrangements can be made for quantities of five pallets or more
For full details, just visit our Clean Planet website:
www.cleanplanetprogram.com
Clean Planet is a program that
works — 68,000 clients have
used it. Approximately 475,000
recycling boxes have been
shipped. More than 6,800,000
items have been recycled. And
nearly 3,856 tons of material
have been kept from landfills.
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REAL PROGRESS,
PROVEN RESULTS
GLOBAL RECOGNITION
SIMITRI®: OUR EXCLUSIVE ADVANTAGE
IN TONER TECHNOLOGY
For decades, Konica Minolta printer/copiers and MFPs have had a significant environmental advantage:
our exclusive Simitri® HD toner, a polymerized toner formulation which contributes to a reduction in environmental impact. Simitri HD toner has smaller, more uniform particles than ordinary toners. That means almost one-third less toner is needed to create an image. Simitri HD toner also fuses to paper at lower temperatures, generating
less heat and requiring less energy. The emission of CO2 is cut by nearly 40%, reducing output of a gas that
contributes to global warming.
GO Dow Janes
Sustainabiiity Indexes
ill
FTSE4Good
Konica Minolta's "green machines"
have earned an impressive number
of industry certifications and awards.
INNOVATIVE, GREEN SOLUTIONS
Konica Minolta's innovative technologies and
solutions have been designed for optimum operation
while minimizing energy consumption. The low TEC
values of Konica Minolta's various office products
are particularly impressive: the TEC value represents
an electrical product's typical weekly electricity
consumption (TEC) based on average office use
defined by the Energy Star program. Our bizhub color
and B&W models achieve among the lowest power
consumption rates of any MFPs in their class. In
addition, most Konica Minolta office systems now
have three power -saving modes that significantly
reduce the energy consumption during idle phases.
Duplexing is standard on most bizhub MFPs, saving
paper with two-sided printing capability at full -rated output speed. Our unique Eco-Indicator enables
customers to monitor paper, toner and energy usage
by device, account or end user to promote greater
cost-consciousness. And with built-in PageScope®
fleet management applications, it's easier to make
fleetwide settings to ensure that every MFP operates
with optimum energy efficiency.
Konica Minolta's "green machines" have earned
an impressive number of industry certifications
and awards. Every one of our bizhub office models
and AccurioPress production printers has been
Energy Star certified. We are also proud to have
products certified by Eco Mark, Blue Angel and
EcoLeaf. Our global approach to energy efficiency
has earned international recognition, including the
FTSE4Good Global Index, Prime Status by Germany
based Oekom Research AG, Forum Ethibel (Belgium)
and Japan's Morningstar Socially Responsible
Investment Index.
We've received awards for Outstanding
Achievement for Energy Efficiency from BLI (Buyers
Laboratory LLC). And Konica Minolta has been
named to the Dow Jones Sustainability World Index
for several years in a row in recognition of our
economic, environmental and social performance.
EPEAT AND THE
U.S. GOVERNMENT
Green electronics are in greater demand than ever,
partly due to the federal government's requirements
surrounding the environmental impact of the
electronics they purchase and use.EPEAT requires
that products meet criteria in eight environmental
performance categories. These categories include
factors such as the products' packaging, its life cycle and the types of materials it contains.
Products included on the registry are measured
against both required and optional criteria. A
product must meet all of the required criteria in
its category, and is rated Bronze, Silver or Gold
depending on how many of the optional criteria
are met. To achieve Gold status, the product must
meet the requirements of Bronze and Silver status,
including meeting at least 75% of optional criteria.
All of Konica Minolta's MFPs on the EPEAT registry
have achieved Gold or Silver status.
GOLD
SILVER BRONZE
MPS: MANAGED PRINT SERVICES
WITH A DIFFERENCE
Along with creating energy award -winning
products, we're also helping our customers
save energy and reduce waste by managing their
printing more efficiently.
Our Managed Print Services (MPS) program
uses advanced metrics to assess the print
environment of the customer. It analyzes their
current workflow, optimizes their fleets to save
energy by eliminating redundant or underutilized
devices, utilizes electronic distribution to reduce
print costs and save paper and even helps modify
employee behavior to select energy -efficient
printing options.
MPS is part of Konica Minolta's Clean Planet
Program, providing you with one consolidated
method for all consumables to be easily recycled.
LEADING THE INDUSTRY IN INNOVATION.
DELIVERED RESPONSIBLY.
FOR ALL OF YOUR DOCUMENT NEEDS.
Since 1873, Konica Minolta has developed and innovated technologies that have impacted our clients all around the world. We know that to flourish, we must do our part to help with environmental issues and improve our customers' quality of life. We aim to partner with clients to Give Shape to Ideas by supporting their digital transformation through our expansive Intelligent Connected Workplace portfolio. Our business technology offerings include IT Services, intelligent information management, video security solutions and managed print services, as well as office technology and industrial and commercial print solutions.
Konica Minolta continues to lead the way with our customers and employees. We've been recognized as the #1 Brand for Customer Loyalty in the MFP Office Copier Market by Brand Keys for 16 consecutive years, and we were ranked on the Forbes 2021 America's Best Employers list.
Sustainability continues to be a key driver for our company. As such, Konica Minolta Inc. has been named to the Dow Jones Sustainability World Index for nine consecutive years and has spent six years on the Global 100 Most Sustainable Corporations in the World list.
For complete information on Konica Minolta products and solutions, please visit: CountOnKonicaMinolta.com
RESOURCES
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KONICA MINOLTA
KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC.
100 Williams Drive, Ramsey, New Jersey 07446
CountOnKonicaMinolta.com
0 Item #: ENVIRONBRO
8/2023-Z
DocuSign Envelope ID: DFF830BF-48FA-4D20-B7F8-B01FEOCCA68D For office use only (Check one): 0 Branch ® Windsor
Premier Advantage Agreement
KONICA MINOLTA
APPLICATION NUMBER
2965336
S00649225
02102123 05:43 PM
AGREEMENT NUMBER
This Premier Advantage Agreement ("Agreement") is written in "Plain English". The words you and your, refer o the customer (and its guaran ors). The words Lessor, we, us and our, refer to Konica Minolta Premier Finance, a •rot ram of Konica Minolta Business Solutions U.S.A., Inc., its subsidiaries and affiliates (St. .ter
CUSTOMER INFORMATION
FULL LEGAL NAME
CITY OF BEAUMONT
STREET ADDRESS
550 E 6TH ST
CITY
BEAUMONT
STATE
CA
ZIP PHONE'
92223-2253 951 572 3221
FAX
BILLING NAME IIF DIFFERENT FROMABOVEI
BILLING STREET ADDRESS
CITY
STATE
ZIP E-MAIL
EQUIPMENT LOCATION (IF DIFFERENT FROM ABOVE)
'By providing a telephone number for a catlirtar phone or other wireless device. you are e,+gtressty consenting to receiving communications {for NON -marketing or solicitation purposes) at that. number. including, but not Imted to, pre-recorded or artificial voice message calls, text messages, and calls rnade by an automatic telephone dialing system from Lessor and its afSEales and agents. This Eaepress Consent applies to each such telephone number that you provide to us now or in the future and permits such rails. These calls and messages ma Incur access fees from your cellular provider.
CUSTOMER ONE GUARANTEE
The Konica Minolta equipment leased in this Agreement is covered under Konica Minolta's Customer One Guarantee. A copy of the Guarantee can be obtained at your local branch or http://kmbs.konicaminolta.us/CustomerOne
•
ONE
Make/Model/Accessories(inNudmgsofrwarcOescriOlionmdsupprkr/Lcensari/apprrcabfe) Asset Invoice Information Serial Number Start Meter Read(s) 1 - BIZHLI Ae 011005 7 BW 163 46. CI 192
1 - C550I REFURB AA7P011002421 BW 19,716,, R86_(CLR 32,100 ® See attached 'Schedule A' for additional Equipment / Accessories / Software
TERM AND PAYMENT SCHEDULE
TERM IN MONTHS # of payments
16 16
Payment Frequency
❑ Quarterly ® Monthly
Payment Amount
(pins applicable taxes)
$ 3.498-00
Advance Payment
(plus applicable taxes)
Payment includes UNLIMITED B&W pages per month Overages billed MONTHLY at $ 0.00000 per B&W page Payment includes UNLIMITED Color pages per month Overages billed MONTHLY at $ 0.00000 per Color page E See attached Pool Billing Schedule POOL TYPE: FLAT RATE END OF LEASE OPTIONS: You wilt have the following options at the end of the origlnaf term, provided the Lease has not terminated early and no event of default under the Leese has occurred and is cori1erurng. 1. Purchase the Equ anent for the Fair Market Value as determined by us. 2. Renew the Lease per paragraph 1 (on reverse). 3. Return Equipment as provided in Paragraph 6 (on reverse).
THIS IS A NONCANCELABLE 1 IRREVOCABLE AGREEMENT: THIS AGREEMENT CANNOT BE CANCELED OR TERMINATED.
Konica Minolta Premier Finance
LESSOR
CITY OF BEAUMONT
FULL LEGAL NAME OF CUSTOMER (as referenced above)
AUTHORIZED SIGNER
As addltionai inducement for us. Konica Mnaita Premier Finance to enter into the Agreement. the undersigned ("you') uneenddionaly, Jointly and several personally uarantaos that me customer will make all obligations required under this Agreement and any supplements luny and promptly. You agree Iha1 we may make other arrangements including comproie or settlement with cements meet al ce of those
changes and presentment, demand. and protest and will remain responsible for the payment and obligations of this Agreement, We do not have to notify you f the cusigme, ss in default the customer defaults. you will and limmediately pay in accordance with the default provision of the Agreement 01 sums due under the terms of the Agreement and rill perform all the obligations of the Agreement tf it is necessary for us to proceed legally 10 enforce this guarantee yeti eopressy consent to the jurisdiction of the court set oil in paragraph 14 and agree to pay all costs, including attomey's fees incurred in enforcement of this guarantee, fl is not necessary for us to proceed Brit against you before enforcing this guarantee. By signing this guarantee. you authorize us to obtain credit bureau reports for credit and collection purposes.
TITLE DATED
fI 3
f
DATED
X
PRINT NAME OF GUARANTOR SIGNATURE {NO TITLES) DATED
To help the Government fight the lun8rrg of 'terrorism and moneylaunaering activities, Federal Law requires an financial institutions to obtain. ye:*and record information that identifies act person who opens an a en ccount, What eas means 0. when you op
an acCaunt, we Will ask for your name. adare5S and other irdormalion that will arrow us to identity you' we may also ask 10 see ionnll:t4ying coarnenntss sae revere. fatged Olii .4 leafs 8€)5ndilions
KMPF0005 — US 07/01/22
DocuSign Envelope ID. DFFB3DBF-48FA-4D20-B7F8-BOIFEOCCA68D S00649225
1. LEASE AGREEMENT. You agree to lease ham us the personal property described under •.1AKEMODELIACCESSORIES' and as modified by supplemanls to this Agreement from lime to time signed by you and us (suctif*RiPripiriPgihies substitutionsreplacements, repairs and additions referred to as'Equipmenr) for business purposes only. h the evert that the Equipment you selected s u:.avalable or camel be suppbed by the Supple'. yo•J agree that we can substhule or upgrade your solicitor L egagrnenl of equal or greater goatee, tendon, and Tahoe. as determined by Supplier in its sole discretion, al no additional cost to you. and yea agree to accept sure substitution of upgrade upon deivery. To the axle 0 the Equipment rind inlargib$e propadr or assa,aled services such as periodic software Menses and prepare database subs:rpeon rights. such properly ehell be referred to as be'Sotiware' You agree to at of the terms and canefe lone contaened in this Agreement and any Schedule, which lege3lerarr a complete statement of our Agreement regarding the tsted equipment (*Agreement") and supersedes at otter wrengs, wnvnunimflons understandings. agreemeo5, any purchase ceder and any so;cltalion documents and relat0d documents, This Agreemeo:
maybe mOdrfied anyby written Agreement and not try curse of perlomance, This Agreement becomes valid upon execution by or for us. The Equpment Is deemed accepted by you under. INS Agreement unless you nay us within three 131 days of dekvary ma:
you do not accept tie Equgnrentand specify the defect or malfunction- In that event. al our sole optien. we or our designee coil replace the debeclve dem of Equipment 0r this Agreement wr10 0e canceled and we orota designee on ll repossess pee Equipment Ya; agree that upon nun request, you will sign end deliver taus, a delivery and acceptance certificate confirming your acceptance al the Equipment leased 10 you. The'Bi*F1g Date" c(lhis Agreement will be the twentieth (20th} day 0 an alternative agreed upon dalr foAewing nsaaaaon. You agree ID pay a pror01.1 amount of 1/30th of the monthy, payment times the number of days between the mstatiaton deep and to Bitng Date. This Agreement ail continue from the Billing Dana for the Term shown and will be extendel automatically for steceasire ore (ti month terms unless you (a) sera us wnden notice. between ninety (90i days and one hundred trey {150} days before the end of the meal term ar at least 30 days before Ina end Marry renewal term du you wan! lapatche sdetermine t e' that Supplies are being abused n any fashion, you agree to pay for such improper or excess use. Paper must be separaiufy purchased by you. A page a defined as one metes rlrk and varies by page size ` 3 clicks, 27'x36- = 4 ticks and 36'x47 n 5 dolts. You agree to provide Suppler free and clear access to the equipment ern Suppler will provide tabor or routine. remedial and preventive maintenannr seer= as web as remedial parts. At pan replacements shag be on an exchange basis with new or refurbished items. Emergency service calls wit be performed at no extra charge during normal business hours (defined as S30am to 5:00pm. Monday leroug h Friday, exclusive of boldays observed by Supplier). Overtime charges. at Supphere wrrenl rates, we be charged for a1 service sails outside normal business hours. Suppler will not be obligated to provide service or repairs in the event of misuse or casualty and will charge you separately If suck repays are made. *necessary, the service and supply poraon onus Agreemeet may be assigned. We may charge you a Supply Freight Fee to cover our coats of shipping supplies to you. You acknowledge ihal (a) the Suppler (and not Lessor0r rcs assignees) is the sole party responsible for any service, repair or maintenance of the Equipment and (b) the Supplier (not Lesser or ra ass Tees} is the party to any service maintenance agreemenL
4.OWNERSHIP OF EQUIPMENT. We are the owner or the Equipment and have sole tale furless you have a 51 AO purchase option) to the Equipment iexdudisg Screware). You agree to keep the Equprnent free and clear 01 all liens and dames. You are sole!, responsible for removing any dale that may reside in the Euuipment you return, including but nil limited to, hard drives risk rimes or arty ether Form or memory. 5, WARRANTY DISCLAIMER- WE MAKE NO WARRANTY EXPRESS OR IMPLIED, INCLUDING THAT THE EQUIPMENT IS FR FOR A PARTICULAR PURPOSE OR THAT THE EQUIPMENT IS MERCHANTABLE. YOU AGREE THAT YOU HAVE SELECTED EACH ITEM OF EQUIPMENT BASED UPON YOUR OWN JUDGMENT AND DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR REPRESENTATIONS MADE BY US. WE ARE LEASING THE EQUIPMENT TO YOU -AS -IS". Yo acenowiedge that rent, er Suppler or ter representatrves are our agents and none of them are authorized l0 modify the terms of this Agreement. No representation or warranty of Suppler with respect to the Equipment will bend u5. rip- wdl any breath mere(' relieve you of any of your obkgaaons here rider. You are aware of the name of the manuledurer or suppler of each item of Equipment and you wil mate the manufacurer or suppler for a description of your warranty rights. You hereby acknowledge and confer that you have not received any tax, financial, accounting ar legal advice from ID, the manufacturer or Suppler of the Equhprttent THOS AGREEMENT CONSTTT1lTES A "FINANCE LEASE" AS DEFINED N ARTICLE 2A OVINE UNIFORM COMMERCIAL CODE.
Yoe agree that the
Customer
us scro , OnecouGuarantee
a esda separateea a and reason independent � inducing.
Suppler to you. that rim assignee of the essay shat have any obligation to you wets *specs to the Guarantee and that year obligations under tars Agreement are not subject in Y without l,mAation. any claim you may eaveagatnel Supplier with respect le the Customer Ore Guarantee. 6, LOCATION OF EQUIPMENT: You will keep and use the Equipment only al your address shown above and you agree not to move rl unless we agree to rt. At hie end of the Agreement's termeryou do not purchase the Equipment you wit rearm the Equipment 1 a locatonwt specify at your expense, in relied resalable condition (normal wear and tear acceptable), full working order. and m complete repair.
7.1.055 OR DAMAGE: You are responsible for the risk of loss or for any destruction of er damage to the Equipment No such loss or damage raleves you from the payment obligations under this Agreement You agree to prompty notify us in codling of any lass a• damage and you will then pay to as the p•esenr value of the total of at unpaid Monthly Payments (or other periodic payments shown) for the full Agreement term pis Mc esbmaled fair market vahre of the Equipment at the end al fie origlealy scheduled term, a 1 discounted al leurpercent (4%) per year My proceeds M Insurance we be pad In us and uedilea, al curopeon, against any lassos damage. You authorize us *sign on your behalf and appoint us as r alto drafts or checks issued Nato loss or damage to the Equipment your may m lac to execute m your name any insurance
6. COLLATERAL PROTECTION AND INSURANCE: You are responsble for vlsoring and keeping the Equipment in good worling order. Except for ordinary wear and tear. you are responsible for protecting pee Equipment from damage and loss Many ions. If the Equipment Is damaged or lost you agree to continue to pay the amounts due and to become due hereunder wetout setvl or delver...During the term of this Agreement you agee that you wits (I) unsure the equipment against al loss dr damage naming us as loss payee: (2) oteen kabbRy and third party property damage insurance naming us as an additional insured: and (3) deliver satisfactory evidence of seerr, omerage with carriers. pokey forms and amounts accaplabte to us. AX pok its must provide that we 10 give., y (30) days writer notice of any meaner dunce re cancelatan n you do not provide evidence cf accepteble insurance, we have ate right, bur no obligation, (e) to obtain insurance covering nun merest (and dny cur interest) in 111e Equipment for the leas:
term, and renewals and () any insurance we obtain coil not insure you event Peed party e' laG7ly carts and maybe cancelled by us a! any time, Ill you wet be regiared In pay us an additional amount each month for the insurance premium and an administathe:
fee, (i'd) the cost may he apse than the cost realeamring your awn issuance. (iv) you agree that we, or one of our affiliates, may make a Fore jn dorvhe0loe ea the insurance we obtain. (e) you agree le cooperate wllh usour msurerand our agent in the pla00mer qr coverage and with claims, or (b) we may naive the insurance requirement and charge you a ma>mly properly damage surcharge In the amount al .0035 of the angina: equipment cost to leaver our credit risk, administrative casts and alter oasts- as meta he further deserted en a letter from us to you and on whkh we may Make a prolt. Hyatt keen provide evidence teat you have °blamed acceptable insuraece- we will cancel the insurance we et lathed w Cease charging tee surcharge,
9. INDEMNfTY. We are not responsible for any tans or injuries caused by the installation or use of tine Equipment. You One to hold es harmless and rem+lnuse us for loss ano re defend oa agairrar any claim for tosses or 'fiery er 0sath cameo by the Equpmen We reserve the right to control the defense and to mkt Of approwS defense counsel. Thls rndemnly survives the explratton ar termination of this Agreement.
10. TAXES AND FEES: You agree to pay when invoiced at takes (including personal properly tax, fines and penalles) and fees relating to this Agreement or the Equipment. You agree lo lea) reimburse as for all persona; preperty taxes %%bah wears required to pa:
55 processing able e fee Enteric ant or to rernil 1.1 as each monle our flings. agree to pay ups P !te l the ni i10 ly the degu a Enrne t•s• payment annual property scats eta be assessed, 6you do not have a SI,00 purchase option, w0 wit file ail personal property, use or other tax returns and you agree t0 pa:
charged under his Agreement may include a profit end is seb)eci to applicable taxes. ongiuticn fie. We reserve the right b charge a foe epee termination ti time Agreement either by trade -up. buy-out a default, My few 11, ASSIGNMENT: YOU HAVE NO RIGHT TO SELL, TRANSFER, ASSIGN OR SUBLEASE THE EQUIPMENT OR THIS AGREEMENT. We may seO, assign, or transfer ads Agreement andlor the Equipment Without no1pe. You agree that 0 we set, assign, or 0ansfer this Agreement ardtom the Equipment the new lessor we have the same rights and tenets that we have now and will rot have to perform any of ovr obligations. You agree that the rghts or the new Lessor:el not be subject to art claims, defenses, or se:
offs that yon may have against us whether or not you are notated of such assignment. The cost of any EouipmenL Software, sewioes and other elements of this Agreement has been negolaled between you and the Suppler. None of Lessors aslignees wi I ,ndeeendenty verify any sect cos ,ts Lessors assignees wil be providing funceg based on the payment ye r lave with Suppler. You are responsible for determining your awountng Treatment of the appropriate tee legal. finance) and accountm ) components Meta
12. DEFAULT AND REMEDIES' 0)a) you do not pay any lease payment or other sum due la es or other party when due re (5) H you break any et your promises 1n the Agreement or any other Agreement with vs or fe) d you- or any guarantor of your obtgadon:
become insolent or commence bankruptcy or race vere5p p eceednngs or have such proceedings Commenced agams! you, re wR be r defauk. If any pad of a payment is ogre than three (3) days lake. you agree to pay a Wle charge of ken percent 110%) of the uaymenl which is!Mewl( less• the madmum charge allowed by kw. if yuu ate ever in default we may do any one or al of The fotowing; (a) Menet Suppler 10 wrlhreld service, parts and stipples and,' or i:ie the Customer One Guarantee:in( terminate or cancel m Agreeme.•nt and require that you pay. AS LIQUIDATED DAMAGES FOR LOSS OF BARGAIN AND NOT AS A PENALTY, hie sum of: (1) all past due and current Monthly Payments (or other perdde payments} are charges: G¢ the present value of al remaining Meetly Payments (or 550rer periodic payments; and charges. discounted at the rate re lour percent (4 re per amen (or the Lowest r•4k permitted by law, wiocheve' is hignerg; and (iii) the present value tat the same dis:Dant rate as ape.i5ed in Clause (I above) of the amount of any purchase option with respect to the Equipment or, i1 wane is specified, our anticipated value of the Equipment at the end of the term cf eta Agreement for any renewal thereat): and lc) Nature you to return ire Equipment to us to a Ic0abon designated by us (and with respect b arty Software. Ill ienmedialety tenth= your right to use the Software :MAIN the disabing (on•sita or by remote communication) of any Sofware: tit) demand the immediate mean and oaten possession or d1 s Software and reereenee me Software al a pubic or Fame sale; ands lie cause the Software supplier 1e terminate the SO1ware license- supper and oterserviceo under the Software license). We may recover interest on any unpaid balance at the Yale of four percent (4%) per annum but in no event more than the kwful maximum rale. We may also use any of the remedies available to us under AM= 2A of the Unlorm Conmercal Code as enacted in the State of Lessor or ils Assignee or any oiler law. Yew agree 11 pay ore reasonable 0a55 of Caleck(' and enforcement. including but not Screed to attorneys fees and ureteral court casts relining tip any claire arising under this Agreement intruding, but not kneed re, any legal action er reterrai to, caleceon. I we have b take possession of the Equipment, you agree to pay the cat of repossessbn The net proceeds of the sale re any repossess0a Equipment will be credited against what you owe us YOU AGREE THAT WE WILL NOT BE RESPONSIBLE FOR ANY CONSEOUENTIA tree:NEVI OR INCIDENTAL DAMAGES FOR ANY REASON WHATSOEVER. You agree mat any delay or failure to enforce our Mrs under this Agreement does not prevsnl os horn entorang any nghts at a later tme.AM of our rights are cumulative 11 is furths agreed that yew rights and remedies are governed exclusively by this Agreement and you waive lessees rights under Article 2A (506.522) of the UCC.
13. UCC FILINGS: You grants* a security interest in toe Equipment it this Agreement is deemed a secured transaction and you authorize us to realm a JCGi fmanceg statement or smith -instrument in order Se show our inlerest in the Equipment, 11- CONSENT TO LAW, 1URISDICTTDN, AND VENUE This Agreement shal be deemed fuly exerted and performed in to state of Lessor or its Assignee's princeat place of business ano shall ha governed by and construed ie accordance reed: its laws. 1! t-_ Lessor a its Assignee shat breve any Wheal proceeding in relation to any matter arising under tree Agleemenl the Customer teesecaely agrees teat anysuch matter may be adjudged or determined in any court or courts in the state of the Lemur or I Assignee; prolate? place of business, or eo any court or worts in Customers state of residence, or in any other coup having )urwdicsoe over the Customer or asset a! the Cucomar at al the sole electron of the Lessor The Cuslamer hereby rrevocady submits generate; grid enwvdibionaly to the)urisdador:Many such court so elected by Lessor or relation lu such matters. BOTH PARTIES WAIVE TRIAL BY JURY tor' ANY AC110N BETWEEN US_ 16, LESSEE GUARANTEE: Yee agree, wan our request, to submit the original of ties Agreement and any schedules to tine Lessor via bverri0nt ceurie; 7e same day of tie facsimile or other Electronic Transmission ei the signed Agreement and suc h sevedgies. Both parties agree than this Agreement and any schedules signed by you, whether manual or electrons binding upon the parties. This lease may be &seceded in Y electronically, and submitteda to 01 by lease which
cr adTee mama y er ekciian mass upon execution uu w by us nually or le elecCalty col to appe15 bkl. user Y counterparts and any facsmife, photographic arndra ohm electronic dansmrsgion c this lease which has been manuaky or etecuonicagy signed by you when manually or electronically countersigned $• attached to our engine! signature counterpart andfor in our possession shag 00nstilure the sole orRgiral chattel over as defined n tie U00 for a1 purposes Itncllding any enforcement simian under paragraph t2) and w6 be admissible as legei evidence theme' Both parties waive me right to challenge m court the a0menlcily of a faxed. photographic, 0r other electronically transmitted or electronically signed ropy alms Agreement and anysdredule
16. OVERAGES AND COST ADJUSTMENTS* You agree to comply with any being precedures deseyeted by uS rlcbydag nothing usel0* meter r yob for that amount Al he end of the first year of this Agreement and once each successive twelve morel: nod. we reading tag channe ce H e pares nickeled
cgs are i ve received, wereserve the right toestimate Myou usage and r. the existing per mayiod. alp are your payment and theer fe charge over me pages a dated when isyyerp amicable) gee maximumetender
of Agreement
meat and
(15th e•r
charge, w 1f less, got rrnadmnrpt amount pertwlted by aDpiradk caw. We may bill you a per page charge for all pages produced between Oee date of your final invite and the dale when you sapsh your abfgadans under this Agreement and either purchase or mum the equipment to us. Notwidutandng anytn:ng herein to ire contrary, for pools designated as 'Oche Rate' poo10 escaleSorhs welkin fie original Agreement tern and Supper Fees do not apply are mater read'mgs required. Al Agreements are subject to es0alaion in any renewal period,
17. COMPUTER SOFTWARE: Not wm00slandmg any ether temps and canerbons or this Agreemreent, you ogee that as to Software only a) We have not had. do eel have. me will have any Gte 10 such Software, b) You have executed or veil execute a separate software h'0ense Agreement and we are not a parry to and have no responshbilees whatsoever in regards le such license Agreement icy You have selectee such Software and as per Agreement paragraph 5. WE MAKE NO WARRANTIES OF 0IERCHANTARI ITN' DATA ACCURACY. SYSTEM INTEGRATION OR FRNESS FOR USE AND TAKE ABSOLUTELY NO RESPONSIBI.FTY FOR THE FUNCTION OR DEFECTIVE NATURE OF SUCH SOFTWARE SYSTEMS INTEGRATION, OR OTHERWISE IN REGARDS TO SUCH SOFTWARE. CUSTOMER'S LEASE PAYMENTS AND OTHER OBLIGAT10VS J NDER T0Is LEASE AGREEMENT SHALL IN N0 WAY BE DIMINISHED ON ACCOUNT OF 0R IN ANY WAY RELATED 70114E ABOVE 5010 5011Ti1AR1 LICENSE AGREEMENT OF FAILURE N ANY WAY OF THE SOFTWARE.
KMPF0005 — US 07/01/22
DocuSign Envelope ID: DFFB3OBF-48FA-4D20-87F8-B01FEOCCA68D S00649225
02/02123 05:43 PM
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ICONICA MINOLTA
Schedule "A"
This Schedule "A' is to be attached to and become part of the item Description for the Agreement dated Premier Finance,
APPLICATION NUMBER
2965336
AGREEMENT NUMBER
by and between the undersigned and Konica Minolta
Make/Model/Accessories
Asset Invoice Information Serial Number
Start Meter Read(s)
1 - C5501 REFURB
1 - C4501 REFURB
1 - C33501 REFURB
1 - C550I REFURB
1 - C4501 REFURB
AA7P011003531
AA7R011003513
A93E011000365
AA7P011002412
AA7R011005103
BW 5,316, CLR 5.484
BW 24,181, CLR 34,970
BW 4.356, CLR 3,564
BW 165,406, CLR 53,514
BW 24,972, CLR 25,692
LESSOR ACCEPTANCE
Konica Minolta Premier Finance
LESSOR
CUSTOMER ACCEPTANCE
CITY OF BEAUMONT
FULL LEGAL NAME OF CUSTOMER
FEDERAL TAX LD_ e
AUTHORIZED SIGNER
AUTH IZED SIG _J
L!?-. €+e.) M C "DS
TITLE
TITLE
DATED
N493
DATED
ILA a eL6
(-J
KMPF000P — US 10/01/16
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KONICA MINOLTA
Enterprise Engagement Team & Implementation
Transition Services — Managing Change
Konica Minolta understands that selecting the right partner for your print program is a journey. In addition to the common selection criteria - price, technology and service delivery - companies must also consider the transition factor. Transition is a key element of any successful deployment. Well planned transitions lead to the achievement of program goals including: cost savings, optimization, end -user satisfaction and operational improvement.
Put simply, the transition from your current print environment to the envisioned future state requires change.
We understand that as your trusted supplier, we must provide the direction and a roadmap showing which way to head, be able to measure the progress and let you know 'how to know' when you have reached the destination. Ultimately, transition success depends upon our relationship with you; and our Enterprise Engagement Team is committed to earning Konica Minolta the status of a trusted partner.
The experienced engagement and transition team is dedicated to the successful management of change within your organization and to the achievement of desired business outcomes. The Enterprise Engagement Team is responsible for the planning, development, and execution of a successful transition to an optimized printing program.
This team of experts is committed to understanding your objectives and challenges then developing a successful transition plan for your organization. We utilize proven transition techniques and methods based on the practical framework of project management principles.
Successful transitions include the following elements:
• Agreement on project objectives and alignment with business goals • Initiation and management of change to achieve objectives • Monitoring and communication of progress during the project • Building of performance measures related to the objectives • Low Risk of Business Interruption
• Understanding of all roles and responsibilities
The Enterprise Engagement Team provides a standard approach to your transition project. Our approach is proven, reliable, and repeatable but allows for variations based on customer requirements.
The standard process encompasses:
• Project Definition
• Project Plans
• Project Status Reporting
• Project Communications / Briefings / Training Materials Konica Minolta has made a significant investment in these teams as they are a new addition to the value that Konica Minolta brings to the engagement.
All deployments are customized for the client; however, we have included the following overview outlining the typical phases of an implementation plan.
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KONICA MINOLTA
Implementation Plan
Upon award, Konica Minolta's Engagement Team will start putting together a customized project plan for the roll -out and will coordinate all aspects of it until completion. We will initiate a number of meetings between the various groups on both sides to address everything from invoicing to software installation.
Initial schedules will be determined and fine-tuned and most importantly, responsible parties identified.
It is highly recommended that a technical pilot unit be deployed prior to full scale deployment for testing and validation.
Communication / Project Planning (Approximate Duration: 2-3 Days) • Identify all Key Personnel and their roles and contact information for both Konica Minolta and City of Beaumont
• Define a call Schedule for Collaboration Calls Leading up to Deployment and Daily Debriefing Calls during actual Deployment
• Install the Consult App on the network to identify all network information per device for the current fleet. This will allow us to set up the devices in our warehouse ahead of time to minimize set up time at your location
• Identify any operational considerations and define appropriate processes needed to install the equipment during the rollout of the hardware/software (Loading Dock Restrictions, Power Requirements, Spatial Requirements etc.)
• Document outlined operational requirements for what will need to go in the Deployment Guide • Document Requirements for the Onboarding Checklist
Technical Pilot (Approximate Duration: 1-2 Weeks)
• Functionality testing of the Hardware and Software in the City of Beaumont environment. • Install Hardware & Software in the customer's test environment located at the pilot sites for approximately 1-2 weeks.
• Ensure that all of the City of Beaumont applications are tested on the Technical Pilot to confirm that all settings and firmware levels are correct on the Device • Document the Device settings and process in the KMBS Deployment Guide which will be used for additional installs in the customer's network environment. • Customer test/validate and acceptance
• Once testing is complete, create a CLONE of the test pilot to use in the setup of the fleet. This will allow for as much of a plug and pay scenario as possible minimizing downtime for you departments during installation
Deployment Planning (Approximate Duration: 2-3 Days)
• Define Target dates of installation, prioritizing departmental needs (dates to be determined based on the needs of City of Beaumont
• Set up Batches that will be targeted for each Days Delivery. This will allow for easier communication and evaluation of progress. Then if for some reason a device has a delay, we can just add it to another batch during deployment for easier tracking purposes. • Have Defined Delivery Dates AND Install Dates. As delivery times can vary, we have found that it is best to drop off the equipment on the day before installation day so that we can position an installation technician to be on site first thing the following day to complete the install early to minimize downtime for the City of Beaumont
• Define Roles for City of Beaumont personnel and Konica Minolta personnel for how each device is to be deployed physically at their permanent locations.
Full Deployment (avq. 5 devices installed per day per technician)
w
KONICA MINOLTA
• Deploy 2-3 machines (TEST DEPLOYMENT) at additional locations, to confirm accuracy of Deployment Guide and make any edits as necessary identified from additional installs. Let Devices "Soak" for a period of 3-4 days to allow for any potential issues to arise on either Konica Minolta or City of Beaumont side. If all goes well, then proceed with the remainder of the deployment plan.
• If any issues arise, troubleshoot during the soak period and document changes to the Deployment Guide for the remainder of the rollout.
• Deploy the solution based on the agreed upon target dates of Installation following the schedule outlined by Batches, Delivery Dates and Install Dates.
• Communicate with Daily Debriefing calls to identify success and document items needed for resolution
Training (Duration: during/after physical deployment)
• Meet with Key IT Admin or whoever will be responsible for First Level support to end users to provide in depth training prior to deployment.
• Distribute quick reference guides to be distributed to City of Beaumont staff ahead of any deployment of devices
• Provide a URL: http://www.biz.konicaminolta.com/download/users-guide/ to all City of Beaumont staff that is an interactive online user guide. This can be sent out with the initial communication notifying City of Beaumont staff of the change in devices • Activate the "HOW2" app from the bizhub marketplace on all devices for easy access help at the Device
• Schedule specific training sessions at each City of Beaumont on user training at the device.
Technical Pilot
Test / Validate / Confirm
Create a schedule
and timeline with
clear deliverables
for Testing
Machine settings
and network are
configured to create
a baseline profile
identify any
workflows and
configure
accordingly
Document technical
procedures and
settings in the form
of a deployment
guide
Gain feedback on
functionality and
acceptance of test
results
- KONICA MINOLTA
Price Proposal
Pricing Overview
Konica Minolta will outline two proposal options for hardware and solution to optimize the hardware fleet, The goal is not to propose a solution that continues the "Status Quo" for the City of Beaumont, but to positively strengthen and streamline its print infrastructure into the future. This RFP is a golden opportunity to revamp and boost the entire fleet and service structure, which will surely benefit both the City of Beaumont and the Konica Minolta team for more effective operational state and service.
Konica Minolta's commitment is to address every aspect of this RFP comprehensively, encompassing both products, services and solutions. In compliance with the City of Beaumont's requirements, Konica Minolta will present a proposal with Copier Leasing Services featuring 9 state-of-the-art multifunction devices.
Konica Minolta will here include 2 options - With Konica Minolta's incumbent knowledge of the fleet with its strength and weaknesses, we will be proposing the following:
Option 1: Will include a like -for -like hardware model across all MFPs. This option is on the basis of color standardization for current models in the city.
• Complete Color Fleet
• No changes to speed or additional optimization
• Porting over existing user data included
Option 2: will include a right -sizing of color models based on the historic and incumbent knowledge of the City's fleet and usage.
• Complete Color Fleet
• Right -size of fleet
• Easy management of supplies
• Single platform training
• Streamlined user interface experience
• Porting over existing user data included
Both Option 1 and 2 will be fully equipped with fax, OCR as well as the added value of complete Bizhub Security package. The Bizhub Security Package solution modernizes their print infrastructure to meet the demands of a secure digital workplace.
Outline of both proposal outlines and configurations can be found in Attachment Price and Configuration Sheet with Options
KONICA MINOLTA
Sp,„,„ to I Iira1
Option 1 — Like -For -Like
Complete Pricing List
u ary
Option 1 — includes pricing based on the following configurations:
• 60 -month lease of 9 Konica Minolta bizhub MFPs on an all-inclusive flatrate service -supply program (excluding paper) - upgrade of current models with like -for -like model Configuration
# units
Model
Description
2 C33511
BIZHUB C3351I - COLOR A4 MFP/35 PPM
2 500 -Sheet Paper Tray
2 Off Line Stapling Unit
2 ENHANCED PDF - Format File Conversion - DocX & XLSX
2 Fax Option
2 Power Filter 120V/15A
2 Bizhub Secure (SSD Encryption)
2 Bitdefender
Professional Services
2 C450i
BIZHUB C450I 45 PPM COLOR MFP
2 Additional 2500 -sheet Paper Drawer
2 50 -sheet Staple Finisher
2 2/3 Hole Punch Kit
2 Fax Option
2 ENHANCED PDF - Format File Conversion - DocX & XLSX
2 Working Table
2 Power Filter 120V/15A
2 Bizhub Secure (SSD Encryption)
2 Bitdefender
Professional Services
3 C550i
BIZHUB C550I 55 PPM COLOR MFP
3 Additional 2500 -sheet Paper Drawer
3 100 -sheet Staple Finisher
3 2/3 Hole Punch Kit
3 Fax Option
3 ENHANCED PDF - Format File Conversion - DocX & XLSX
3 Working Table
3 Power Filter 120V/15A
3 Bizhub Secure (SSD Encryption)
3 Bitdefender
Professional Services